TEXT OF AMENDMENTS; Congressional Record Vol. 164, No. 198
(Senate - December 17, 2018)

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[Pages S7658-S7727]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4115. Mr. McCONNELL (for Mr. Wicker (for himself and Mr. Manchin)) 
proposed an amendment to the bill S. 1520, to expand recreational 
fishing opportunities through enhanced marine fishery conservation and 
management, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

       (a) Short Title.--This Act may be cited as the 
     ``Modernizing Recreational Fisheries Management Act of 
     2018''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
Sec. 3. Definitions.

[[Page S7659]]

                  TITLE I--CONSERVATION AND MANAGEMENT

Sec. 101. Process for allocation review for South Atlantic and Gulf of 
              Mexico mixed-use fisheries.
Sec. 102. Fishery management measures.
Sec. 103. Study of limited access privilege programs for mixed-use 
              fisheries.

  TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

Sec. 201. Cooperative data collection.
Sec. 202. Recreational data collection.

                    TITLE III--RULE OF CONSTRUCTION

Sec. 301. Rule of construction.
       (c) References to the Magnuson-Stevens Fishery Conservation 
     and Management Act.--Except as otherwise expressly provided, 
     wherever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.).

     SEC. 2. FINDINGS.

       Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at 
     the end the following:
       ``(13) While both provide significant cultural and economic 
     benefits to the Nation, recreational fishing and commercial 
     fishing are different activities. Therefore, science-based 
     conservation and management approaches should be adapted to 
     the characteristics of each sector.''.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Council.--The term ``Council'' means any Regional 
     Fishery Management Council established under section 302 of 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1852).
       (3) Limited access privilege program.--The term ``limited 
     access privilege program'' means a program that meets the 
     requirements of section 303A of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1853a).
       (4) Mixed-use fishery.--The term ``mixed-use fishery'' 
     means a Federal fishery in which 2 or more of the following 
     occur:
       (A) Recreational fishing.
       (B) Charter fishing.
       (C) Commercial fishing.

                  TITLE I--CONSERVATION AND MANAGEMENT

     SEC. 101. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC 
                   AND GULF OF MEXICO MIXED-USE FISHERIES.

       (a) Study of Allocations in Mixed-use Fisheries.--Not later 
     than 1 year after the date of enactment of this Act, the 
     Comptroller General of the United States shall conduct a 
     study and submit to the appropriate committees of Congress a 
     report on mixed-use fisheries in each applicable Council's 
     jurisdiction, which shall include--
       (1) recommendations on criteria that could be used by such 
     Councils for allocating or reallocating fishing privileges in 
     the preparation of a fishery management plan or plan 
     amendment, including consideration of the ecological, 
     conservation, economic, and social factors of each component 
     of a mixed-use fishery;
       (2) identification of the sources of information that could 
     reasonably support the use of such criteria in allocation 
     decisions;
       (3) an assessment of the budgetary requirements for 
     performing periodic allocation reviews for each applicable 
     Council; and
       (4) developing recommendations of procedures for allocation 
     reviews and potential adjustments in allocation.
       (b) Consultation With Stakeholders.--The Comptroller 
     General of the United States shall consult with the National 
     Oceanic and Atmospheric Administration, the applicable 
     Councils, the Science and Statistical Committees of such 
     Councils, the applicable State fisheries management 
     commissions, the recreational fishing sector, the commercial 
     fishing sector, the charter fishing sector, and other 
     stakeholders, to the extent practicable, in conducting the 
     study required under subsection (a).
       (c) Definition of Applicable Council.--In this section, the 
     term ``applicable Council'' means--
       (1) the South Atlantic Fishery Management Council; or
       (2) the Gulf of Mexico Fishery Management Council.

     SEC. 102. FISHERY MANAGEMENT MEASURES.

       (a) Management.--Section 302(h) (16 U.S.C. 1852(h)) is 
     amended--
       (1) in paragraph (7)(C), by striking ``; and'' and 
     inserting a semicolon;
       (2) by redesignating paragraph (8) as paragraph (9); and
       (3) by inserting after paragraph (7) the following:
       ``(8) in addition to complying with the standards and 
     requirements under paragraph (6), sections 301(a), 
     303(a)(15), and 304(e), and other applicable provisions of 
     this Act, have the authority to use fishery management 
     measures in a recreational fishery (or the recreational 
     component of a mixed-use fishery) in developing a fishery 
     management plan, plan amendment, or proposed regulations, 
     such as extraction rates, fishing mortality targets, harvest 
     control rules, or traditional or cultural practices of native 
     communities in such fishery or fishery component; and''.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Commerce shall submit 
     to the appropriate committees of Congress a report that 
     describes any actions pursuant to paragraph (8) of section 
     302(h) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1852(h)), as added by subsection 
     (a).
       (c) Other Fisheries.--Nothing in paragraph (8) of section 
     302(h) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1852(h)), as added by subsection 
     (a), shall be construed to affect management of any fishery 
     not described in such paragraph (8).

     SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE PROGRAMS FOR 
                   MIXED-USE FISHERIES.

       (a) Study on Limited Access Privilege Programs.--Not later 
     than 2 years after the date of enactment of this Act, the 
     Ocean Studies Board of the National Academies of Sciences, 
     Engineering, and Medicine shall--
       (1) complete a study on the use of limited access privilege 
     programs in mixed-use fisheries, including--
       (A) an assessment of progress in meeting the goals of the 
     program and this Act;
       (B) an assessment of the social, economic, and ecological 
     effects of the program, considering each sector of a mixed-
     use fishery and related businesses, coastal communities, and 
     the environment;
       (C) an assessment of any impacts to stakeholders in a 
     mixed-use fishery caused by a limited access privilege 
     program;
       (D) recommendations of policies to address any impacts 
     identified under subparagraph (C);
       (E) identification of and recommendation of the different 
     factors and information that should be considered when 
     designing, establishing, or maintaining a limited access 
     privilege program in a mixed-use fishery to mitigate any 
     impacts identified in subparagraph (C), to the extent 
     practicable; and
       (F) a review of best practices and challenges faced in the 
     design and implementation of limited access privilege 
     programs under the jurisdiction of each of the 8 Regional 
     Fishery Management Councils; and
       (2) submit to the appropriate committees of Congress a 
     report on the study under paragraph (1), including the 
     recommendations under subparagraphs (D) and (E) of paragraph 
     (1).
       (b) Exclusion.--Except as provided in subsection (a)(1)(F), 
     the study described in this section shall not include the 
     areas covered by the Pacific Fishery Management Council and 
     the North Pacific Fishery Management Council.

  TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

     SEC. 201. COOPERATIVE DATA COLLECTION.

       (a) Improving Data Collection and Analysis.--Section 404 
     (16 U.S.C. 1881c) is amended by adding at the end the 
     following:
       ``(e) Improving Data Collection and Analysis.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Modernizing Recreational Fisheries 
     Management Act of 2017, the Secretary shall develop, in 
     consultation with the science and statistical committees of 
     the Councils established under section 302(g) and the Marine 
     Fisheries Commissions, and submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a report on facilitating greater 
     incorporation of data, analysis, stock assessments, and 
     surveys from State agencies and nongovernmental sources 
     described in paragraph (2), to the extent such information is 
     consistent with section 301(a)(2), into fisheries management 
     decisions.
       ``(2) Content.--In developing the report under paragraph 
     (1), the Secretary shall--
       ``(A) identify types of data and analysis, especially 
     concerning recreational fishing, that can be used for 
     purposes of this Act as the basis for establishing 
     conservation and management measures as required by section 
     303(a)(1), including setting standards for the collection and 
     use of that data and analysis in stock assessments and 
     surveys and for other purposes;
       ``(B) provide specific recommendations for collecting data 
     and performing analyses identified as necessary to reduce 
     uncertainty in and improve the accuracy of future stock 
     assessments, including whether such data and analysis could 
     be provided by nongovernmental sources; and
       ``(C) consider the extent to which the acceptance and use 
     of data and analyses identified in the report in fishery 
     management decisions is practicable and compatible with the 
     requirements of section 301(a)(2).''.
       (b) NAS Report Recommendations.--The Secretary of Commerce 
     shall take into consideration and, to the extent feasible, 
     implement the recommendations of the National Academy of 
     Sciences in the report entitled ``Review of the Marine 
     Recreational Information Program (2017)'', and shall submit, 
     every 2 years following the date of enactment of this Act, a 
     report to the appropriate committees of Congress detailing 
     progress made implementing those recommendations. 
     Recommendations considered shall include--
       (1) prioritizing the evaluation of electronic data 
     collection, including smartphone applications, electronic 
     diaries for prospective

[[Page S7660]]

     data collection, and an internet website option for panel 
     members or for the public;
       (2) evaluating whether the design of the Marine 
     Recreational Information Program for the purposes of stock 
     assessment and the determination of stock management 
     reference points is compatible with the needs of in-season 
     management of annual catch limits; and
       (3) if the Marine Recreational Information Program is 
     incompatible with the needs of in-season management of annual 
     catch limits, determining an alternative method for in-season 
     management.

     SEC. 202. RECREATIONAL DATA COLLECTION.

       Section 401 (16 U.S.C. 1881) is amended--
       (1) in subsection (g)--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following:
       ``(4) Federal-state partnerships.--
       ``(A) Establishment.--The Secretary shall establish a 
     partnership with a State to develop best practices for 
     implementing the State program established under paragraph 
     (2).
       ``(B) Guidance.--The Secretary shall develop guidance, in 
     cooperation with the States, that details best practices for 
     administering State programs pursuant to paragraph (2), and 
     provide such guidance to the States.
       ``(C) Biennial report.--The Secretary shall submit to the 
     appropriate committees of Congress and publish biennial 
     reports that include--
       ``(i) the estimated accuracy of--

       ``(I) the information provided under subparagraphs (A) and 
     (B) of paragraph (1) for each registry program established 
     under that paragraph; and
       ``(II) the information from each State program that is used 
     to assist in completing surveys or evaluating effects of 
     conservation and management measures under paragraph (2);

       ``(ii) priorities for improving recreational fishing data 
     collection; and
       ``(iii) an explanation of any use of information collected 
     by such State programs and by the Secretary.
       ``(D) States grant program.--
       ``(i) In general.--The Secretary may make grants to States 
     to--

       ``(I) improve implementation of State programs consistent 
     with this subsection; and
       ``(II) assist such programs in complying with requirements 
     related to changes in recreational data collection under 
     paragraph (3).

       ``(ii) Use of funds.--Any funds awarded through such grants 
     shall be used to support data collection, quality assurance, 
     and outreach to entities submitting such data. The Secretary 
     shall prioritize such grants based on the ability of the 
     grant to improve the quality and accuracy of such 
     programs.''; and
       (2) by adding at the end the following:
       ``(h) Action by Secretary.--The Secretary shall--
       ``(1) within 90 days after the date of the enactment of the 
     Modernizing Recreational Fisheries Management Act of 2018, 
     enter into an agreement with the National Academy of Sciences 
     to evaluate, in the form of a report--
       ``(A) how the design of the Marine Recreational Information 
     Program, for the purposes of stock assessment and the 
     determination of stock management reference points, can be 
     improved to better meet the needs of in-season management of 
     annual catch limits under section 303(a)(15); and
       ``(B) what actions the Secretary, Councils, and States 
     could take to improve the accuracy and timeliness of data 
     collection and analysis to improve the Marine Recreational 
     Information Program and facilitate in-season management; and
       ``(2) within 6 months after receiving the report under 
     paragraph (1), submit to Congress recommendations regarding--
       ``(A) changes to be made to the Marine Recreational 
     Information Program to make the program better meet the needs 
     of in-season management of annual catch limits and other 
     requirements under such section; and
       ``(B) alternative management approaches that could be 
     applied to recreational fisheries for which the Marine 
     Recreational Information Program is not meeting the needs of 
     in-season management of annual catch limits, consistent with 
     other requirements of this Act, until such time as the 
     changes in subparagraph (A) are implemented.''.

                    TITLE III--RULE OF CONSTRUCTION

     SEC. 301. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed as modifying the 
     requirements of sections 301(a), 302(h)(6), 303(a)(15), or 
     304(e) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1851(a), 1852(h)(6), 1853(a)(15), 
     and 1854(e)), or the equal application of such requirements 
     and other standards and requirements under the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.) to commercial, charter, and recreational 
     fisheries, including each component of mixed-use fisheries.
                                 ______
                                 
  SA 4116. Mr. SCOTT submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

            TITLE VII--WALTER SCOTT NOTIFICATION ACT OF 2018

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Walter Scott Notification 
     Act of 2018''.

     SEC. 702. DEFINITIONS.

       In this title--
       (1) the term ``law enforcement officer'' has the meaning 
     given the term in section 3673 of title 18, United States 
     Code; and
       (2) the term ``State'' has the meaning given the term in 
     section 901(a) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10251(a)).

     SEC. 703. STATE INFORMATION REGARDING USE OF LETHAL FORCE BY 
                   LAW ENFORCEMENT OFFICERS.

       (a) In General.--For each fiscal year in which a State 
     receives funds for a program described in subsection (c)(1), 
     the State shall report to the Attorney General, on an annual 
     basis and pursuant to guidelines established by the Attorney 
     General, information regarding any discharge of a firearm by 
     a law enforcement officer that results in the death of a 
     civilian.
       (b) Information Required.--The report required under 
     subsection (a) shall contain information that, at a minimum, 
     includes--
       (1) the number of decedents and the number of law 
     enforcement officers who discharged a firearm;
       (2) the age, sex, race, and ethnicity of each decedent;
       (3) any mental health issue of a decedent that was observed 
     or reported;
       (4) the age, sex, race, and ethnicity of each law 
     enforcement officer;
       (5) a brief description of the event;
       (6) the alleged criminal activity of each decedent prior to 
     the use of force;
       (7) whether each decedent was armed and the type of weapon 
     the decedent had;
       (8) a description of the weapon used by each law 
     enforcement officer;
       (9) a brief description of any injury sustained by a law 
     enforcement officer;
       (10) a brief description of the finding of the law 
     enforcement agency as to whether the use of deadly force was 
     justified or unjustified; and
       (11) the case disposition, including whether--
       (A) the case was cleared by departmental review or referred 
     to a prosecuting authority;
       (B) criminal charges were filed;
       (C) prosecution was declined;
       (D) a grand jury returned a No True Bill; or
       (E) a court entered an acquittal or a conviction.
       (c) Compliance.--
       (1) Ineligibility for funds.--For any fiscal year beginning 
     after the date of enactment of this Act, a State that fails 
     to comply with subsection (a) shall be subject to a 10-
     percent reduction of the funds that would otherwise be 
     allocated for that fiscal year to the State under subpart 1 
     of part E of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (34 U.S.C. 10151 et seq.), whether 
     characterized as the Edward Byrne Memorial State and Local 
     Law Enforcement Assistance Programs, the Local Government Law 
     Enforcement Block Grants Program, the Edward Byrne Memorial 
     Justice Assistance Grant Program, or otherwise.
       (2) Reallocation.--Amounts not allocated under a program 
     referred to in paragraph (1) to a State for failure to comply 
     with subsection (a) shall be reallocated under the program to 
     States that have complied with subsection (a).
       (d) Preferential Consideration.--Section 1701 of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10381) is amended by adding at the end the following:
       ``(n) Use of Force Reporting.--
       ``(1) Preferential consideration.--For the first fiscal 
     year beginning after the date of enactment of this subsection 
     and the 3 fiscal years thereafter, the Attorney General may 
     give preferential consideration, where feasible, to an 
     application from an applicant in a State that is in full 
     compliance with section 703(a) of the Walter Scott 
     Notification Act of 2018.
       ``(2) Reduction of grant amounts.--Beginning in the fifth 
     fiscal year beginning after the date of enactment of this 
     subsection, a State that fails to comply with section 703(a) 
     of the Walter Scott Notification Act of 2018 shall be subject 
     to a 20-percent reduction of the funds that would otherwise 
     be allocated for the fiscal year to the State under this 
     part.
       ``(3) Reallocation.--Amounts not allocated under this part 
     to a State for failure to comply with section 703(a) of the 
     Walter Scott Notification Act of 2018 shall be reallocated to 
     States that have complied with such section.''.
       (e) Independent Audit and Review.--Not later than 1 year 
     after the date of enactment of this Act, and each year 
     thereafter, the Attorney General shall conduct an audit and 
     review of the information provided under subsection (a) to 
     determine whether each State receiving funds under section 
     505(a) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (34 U.S.C. 10156(a)) or under part Q of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (34 U.S.C. 10381 et seq.) is in substantial compliance 
     with the requirements of this section,

[[Page S7661]]

     unless the State has otherwise ensured, to the satisfaction 
     of the Attorney General, that the State is in substantial 
     compliance with the requirements of this section.
       (f) Public Availability of Data.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and each year thereafter, the Attorney 
     General shall publish, and make available to the public, a 
     report containing the data reported to the Attorney General 
     under subsection (a).
       (2) Privacy protections.--Nothing in this subsection shall 
     be construed to supersede the requirements or limitations 
     under section 552a of title 5, United States Code (commonly 
     known as the ``Privacy Act of 1974'').
       (g) Guidance.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General, in coordination 
     with the Director of the Federal Bureau of Investigation, 
     shall issue guidance on best practices relating to 
     establishing standard data collection systems that capture 
     the information required to be reported under subsection (a), 
     which shall include standard and consistent definitions for 
     terms.
                                 ______
                                 
  SA 4117. Mr. SCOTT submitted an amendment intended to be proposed by 
him to the bill S. 3747, to provide for programs to help reduce the 
risk that prisoners will recidivate upon release from prison, and for 
other purposes.; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

       TITLE VII--USE OF LETHAL FORCE BY LAW ENFORCEMENT OFFICERS

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Walter Scott Notification 
     Act of 2018''.

     SEC. 702. DEFINITIONS.

       In this title:
       (1) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given the term in section 3673 of 
     title 18, United States Code.
       (2) State.--The term ``State'' has the meaning given the 
     term in section 901(a) of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)).

     SEC. 703. STATE INFORMATION REGARDING USE OF LETHAL FORCE BY 
                   LAW ENFORCEMENT OFFICERS.

       (a) In General.--For each fiscal year in which a State 
     receives funds for a program described in subsection (c), the 
     State shall report to the Attorney General, on an annual 
     basis and pursuant to guidelines established by the Attorney 
     General, information regarding any discharge of a firearm by 
     a law enforcement officer that resulted in the death of a 
     civilian.
       (b) Information Required.--The report required under 
     subsection (a) shall include, for the reporting period--
       (1) the number of decedents who died as a result of the 
     discharge of a firearm by a law enforcement officer;
       (2) the number of law enforcement officers, whose discharge 
     of a firearm resulted in the death of a civilian;
       (3) the age, sex, race, and ethnicity of each decedent 
     referred to in paragraph (1);
       (4) any mental health issue of such a decedent that was 
     observed or reported;
       (5) the age, sex, race, and ethnicity of each law 
     enforcement officer referred to in paragraph (2);
       (6) a brief description of each event in which the 
     discharge of a firearm by a law enforcement officer resulted 
     in the death of a civilian;
       (7) the alleged criminal activity of each decedent 
     immediately preceding the use of force;
       (8) the number of decedents referred to in paragraph (1) 
     who were armed, and the type of weapon that was in the 
     possession of such decedents;
       (9) a description of the weapon used by each law 
     enforcement officer referred to in paragraph (2);
       (10) a brief description of any injury sustained by a law 
     enforcement officer in conjunction with an event referred to 
     in paragraph (6);
       (11) a brief description of the finding of the law 
     enforcement agency regarding whether the use of deadly force 
     was justified or unjustified; and
       (12) the disposition of the case involving each law 
     enforcement officer referred to in paragraph (2), including 
     whether--
       (A) the case was cleared by departmental review or referred 
     to a prosecuting authority;
       (B) criminal charges were filed;
       (C) prosecution was declined;
       (D) a grand jury returned a no true bill; or
       (E) a court entered an acquittal or a conviction.
       (c) Compliance.--
       (1) Ineligibility for funds.--For any fiscal year beginning 
     after the date of the enactment of this Act, a State that 
     fails to submit the report required under subsection (a) 
     shall be subject to a 10-percent reduction of the amounts 
     that would otherwise be allocated to the State for that 
     fiscal year under subpart 1 of part E of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10151 et seq.), whether characterized as the Edward Byrne 
     Memorial State and Local Law Enforcement Assistance Programs, 
     the Local Government Law Enforcement Block Grants Program, 
     the Edward Byrne Memorial Justice Assistance Grant Program, 
     or otherwise.
       (2) Reallocation.--Amounts not allocated to a State in a 
     fiscal year under a program referred to in paragraph (1) for 
     failure to submit the report required under subsection (a) 
     shall be reallocated under the program to States that have 
     submitted such report for that fiscal year.
       (d) Preferential Consideration.--Section 1701 of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10381) is amended by adding at the end the following:
       ``(l) Use of Force Reporting.--
       ``(1) Preferential consideration.--For each of the first 4 
     fiscal years beginning after the date of the enactment of the 
     Walter Scott Notification Act of 2018, the Attorney General 
     may give preferential consideration, if feasible, to an 
     application from an applicant in a State that has submitted 
     the report required under section 703(a) of such Act.
       ``(2) Reduction of grant amounts.--Beginning in the fifth 
     fiscal year beginning after the date of the enactment of the 
     Walter Scott Notification Act of 2018, a State that fails to 
     submit the report referred to in paragraph (1) shall be 
     subject to a 20-percent reduction of the amounts that would 
     otherwise be allocated to the State for such fiscal year 
     under this part.
       ``(3) Reallocation.--Amounts not allocated to a State for a 
     fiscal year under this part due to the State's failure to 
     submit the report referred to in paragraph (1) shall be 
     reallocated to States that have submitted such report.''.
       (e) Independent Audit and Review.--Not later than 1 year 
     after the date of the enactment of this Act, and annually 
     thereafter, the Attorney General shall conduct an audit and 
     review of the information provided in the reports submitted 
     under subsection (a) to determine whether each State 
     receiving funds under section 505(a) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10156(a)) or part Q of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.) unless 
     the State has ensured, to the satisfaction of the Attorney 
     General, that the State is in substantial compliance with the 
     requirements under this section.
       (f) Public Availability of Data.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Attorney General shall publish, and make available to the 
     public, a report containing the data reported to the Attorney 
     General under subsection (a).
       (2) Privacy protections.--Nothing in this subsection may be 
     construed to supersede the requirements or limitations under 
     section 552a of title 5, United States Code (commonly known 
     as the ``Privacy Act of 1974'').
       (g) Guidance.--Not later than 180 days after the date of 
     the enactment of this Act, the Attorney General, in 
     coordination with the Director of the Federal Bureau of 
     Investigation, shall issue guidance on best practices 
     relating to establishing standard data collection systems 
     that capture the information required to be reported under 
     subsection (a), including standard and consistent definitions 
     for terms.
                                 ______
                                 
  SA 4118. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AGGRAVATING FACTORS FOR DEATH PENALTY.

       Section 3592(c) of title 18, United States Code, is amended 
     by inserting after paragraph (16) the following:
       ``(17) Killing or targeting of law enforcement officer.--
       ``(A) The defendant killed or attempted to kill, in the 
     circumstance described in subparagraph (B), a person who is 
     authorized by law--
       ``(i) to engage in or supervise the prevention, detention, 
     investigation, or prosecution, or the incarceration of any 
     person for any criminal violation of law;
       ``(ii) to apprehend, arrest, or prosecute an individual for 
     any criminal violation of law; or
       ``(iii) to be a firefighter or other first responder.
       ``(B) The circumstance referred to in subparagraph (A) is 
     that the person was killed or targeted--
       ``(i) while he or she was engaged in the performance of his 
     or her official duties;
       ``(ii) because of the performance of his or her official 
     duties; or
       ``(iii) because of his or her status as a public official 
     or employee.''.
                                 ______
                                 
  SA 4119. Mr. TOOMEY submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S7662]]

  


     SEC. __. ENHANCED PENALTY FOR STALKERS OF CHILDREN AND REPORT 
                   ON BEST PRACTICES REGARDING ENFORCEMENT OF 
                   ANTI-STALKING LAWS.

       (a) Enhanced Penalty.--
       (1) In general.--Chapter 110A of title 18, United States 
     Code, is amended by inserting after section 2261A the 
     following:

     ``Sec. 2261B. Enhanced penalty for stalkers of children

       ``If the victim of an offense under section 2261A is under 
     the age of 18 years, the maximum imprisonment for the offense 
     is 5 years greater than the maximum term of imprisonment 
     otherwise provided for that offense in section 2261.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 110A of title 18, United States Code, is 
     amended by inserting after the item relating to section 2261A 
     the following new item:

``2261B. Enhanced penalty for stalkers of children.''.
       (3) Conforming amendment.--Section 2261A of title 18, 
     United States Code, is amended by striking ``section 2261(b) 
     of this title'' and inserting ``section 2261(b) or section 
     2262B, as the case may be''.
       (b) Report on Best Practices Regarding Enforcement of Anti-
     stalking Laws.--Not later than 1 year after the date of the 
     enactment of this Act, the Attorney General shall submit a 
     report to Congress, which shall--
       (1) include an evaluation of Federal, tribal, State, and 
     local efforts to enforce laws relating to stalking; and
       (2) identify and describe those elements of such efforts 
     that constitute the best practices for the enforcement of 
     such laws.
                                 ______
                                 
  SA 4120. Mr. TOOMEY (for himself, Mr. Crapo, Mrs. Ernst, Mr. Enzi, 
and Mr. Lankford) submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. FAIRNESS FOR CRIME VICTIMS.

       (a) Short Title.--This section may be cited as the 
     ``Fairness for Crime Victims Act of 2018''.
       (b) Findings.--Congress finds that--
       (1) the Crime Victims Fund was created in 1984, with the 
     support of overwhelming bipartisan majorities in the House of 
     Representatives and the Senate and the support of President 
     Ronald Reagan, who signed the Victims of Crime Act of 1984 
     (Public Law 98-473) into law;
       (2) the Crime Victims Fund was created based on the 
     principle that funds the Federal Government collects from 
     those convicted of crime should be used to aid those who have 
     been victimized by crime;
       (3) the Crime Victims Fund is funded from fines, penalties, 
     and forfeited bonds in Federal court and private donations;
       (4) the Crime Victims Fund receives no taxpayer dollars;
       (5) Federal law provides that funds deposited into the 
     Crime Victims Fund shall be used to provide services to 
     victims of crime in accordance with the Victims of Crime Act 
     of 1984;
       (6) the Victims of Crime Act of 1984 gives priority to 
     victims of child abuse, sexual assault, and domestic 
     violence;
       (7) since fiscal year 2000, Congress has been taking funds 
     collected by the Crime Victims Fund and not disbursing the 
     full amount provided for under the Victims of Crime Act of 
     1984;
       (8) over $10,000,000,000 has been withheld from victims of 
     child abuse, sexual assault, domestic violence, and other 
     crimes;
       (9) from fiscal year 2010 through fiscal year 2014, the 
     Crime Victims Fund collected $12,000,000,000, but Congress 
     disbursed only $3,600,000,000 (or 30 percent) to victims of 
     crime;
       (10) since fiscal year 2015, Congress has increased 
     disbursals from the Crime Victims Fund to victims of crime, 
     but a permanent solution is necessary to ensure consistent 
     disbursals to victims of crime who rely on these funds every 
     year;
       (11) under budget rules, Congress represents that the money 
     it has already spent in prior years is still in the Crime 
     Victims Fund and available for victims of crime;
       (12) it is time to restore fairness to crime victims; and
       (13) funds collected by the Crime Victims Fund should be 
     used for services to crime victims in accordance with the 
     Victims of Crime Act of 1984.
       (c) Amendment.--Title IV of the Congressional Budget Act of 
     1974 (2 U.S.C. 651 et seq.) is amended by adding at the end 
     the following:

   ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS 
                              LEGISLATION

     ``SEC. 441. POINT OF ORDER AGAINST CHANGES IN MANDATORY 
                   PROGRAMS AFFECTING THE CRIME VICTIMS FUND.

       ``(a) Definitions.--In this section--
       ``(1) the term `CHIMP' means a provision that--
       ``(A) would have been estimated as affecting direct 
     spending or receipts under section 252 of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) (as 
     in effect prior to September 30, 2002) if the provision was 
     included in legislation other than an appropriation Act; and
       ``(B) results in a net decrease in budget authority in the 
     current year or the budget year, but does not result in a net 
     decrease in outlays over the period of the total of the 
     current year, the budget year, and all fiscal years covered 
     under the most recently adopted concurrent resolution on the 
     budget;
       ``(2) the term `Crime Victims Fund' means the Crime Victims 
     Fund established under section 1402 of the Victims of Crime 
     Act of 1984 (34 U.S.C. 20101); and
       ``(3) the term `3-year average amount' means the annual 
     average amount that was deposited into the Crime Victims Fund 
     during the 3-fiscal-year period beginning on October 1 of the 
     fourth fiscal year before the fiscal year to which a CHIMP 
     affecting the Crime Victims Fund applies.
       ``(b) Point of Order in the Senate.--
       ``(1) Point of order.--
       ``(A) In general.--In the Senate, it shall not be in order 
     to consider a provision in a bill or joint resolution making 
     appropriations for all or a portion of a fiscal year, or an 
     amendment thereto, amendment between the Houses in relation 
     thereto, conference report thereon, or motion thereon, that 
     contains a CHIMP that, if enacted, would cause the amount 
     available for obligation during the fiscal year from the 
     Crime Victims Fund to be less than the 3-year average amount.
       ``(B) Point of order sustained.--If a point of order is 
     made by a Senator against a provision described in 
     subparagraph (A), and the point of order is sustained by the 
     Chair, that provision shall be stricken from the measure and 
     may not be offered as an amendment from the floor.
       ``(2) Form of the point of order.--A point of order under 
     paragraph (1) may be raised by a Senator as provided in 
     section 313(e).
       ``(3) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to paragraph (1), 
     and such point of order being sustained, such material 
     contained in such conference report or House amendment shall 
     be stricken, and the Senate shall proceed to consider the 
     question of whether the Senate shall recede from its 
     amendment and concur with a further amendment, or concur in 
     the House amendment with a further amendment, as the case may 
     be, which further amendment shall consist of only that 
     portion of the conference report or House amendment, as the 
     case may be, not so stricken. Any such motion in the Senate 
     shall be debatable. In any case in which such point of order 
     is sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       ``(4) Supermajority waiver and appeal.--In the Senate, this 
     subsection may be waived or suspended only by an affirmative 
     vote of three-fifths of the Members, duly chose and sworn. An 
     affirmative vote of three-fifths of Members of the Senate, 
     duly chosen and sworn shall be required to sustain an appeal 
     of the ruling of the Chair on a point of order raised under 
     this subsection.
       ``(5) Determination.--For purposes of this subsection, 
     budgetary levels shall be determined on the basis of 
     estimates provided by the Chairman of the Committee on the 
     Budget of the Senate.
       ``(c) Point of Order in the House of Representatives.--
       ``(1) In general.--A provision in a bill or joint 
     resolution making appropriations for a fiscal year that 
     proposes a CHIMP that, if enacted, would cause the amount 
     available for obligation during the fiscal year from the 
     Crime Victims Fund to be less than the 3-year average amount 
     shall not be in order in the House of Representatives.
       ``(2) Amendments and conference reports.--It shall not be 
     in order in the House of Representatives to consider an 
     amendment to, or a conference report on, a bill or joint 
     resolution making appropriations for a fiscal year if such 
     amendment thereto or conference report thereon proposes a 
     CHIMP that, if enacted, would cause the amount available for 
     obligation during the fiscal year from the Crime Victims Fund 
     to be less than the 3-year average amount.
       ``(3) Determination.--For purposes of this subsection, 
     budgetary levels shall be determined on the basis of 
     estimates provided by the Chairman of the Committee on the 
     Budget of the House of Representatives.''.
       (d) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Congressional Budget Act of 
     1974 is amended by inserting after the item relating to 
     section 428 the following:

   ``PART C--Additional Limitations on Budgetary and Appropriations 
                              Legislation

``Sec. 441. Point of order against changes in mandatory programs 
              affecting the Crime Victims Fund.''.
                                 ______
                                 
  SA 4121. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to 
the bill S. 756, to reauthorize and amend the Marine Debris Act to 
promote international action to reduce marine debris, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 57, line 8, strike ``faith-based'' and insert 
     ``explicitly religious''.

[[Page S7663]]

  

                                 ______
                                 
  SA 4122. Mr. GRASSLEY (for himself and Mr. Lee) submitted an 
amendment intended to be proposed to amendment SA 4108 proposed by Mr. 
McConnell (for Mr. Grassley) to the bill S. 756, to reauthorize and 
amend the Marine Debris Act to promote international action to reduce 
marine debris, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 12, strike line 22 and all that follows 
     through page 60, line 11, and insert the following:
       ``(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.
       ``(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), 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 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.
       ``(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

[[Page S7664]]

     amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 
     propanamide, or any analogue thereof.
       ``(lxvii) Subparagraph (A)(viii) or (B)(viii) of section 
     401(b)(1) of the Controlled Substances Act (21 U.S.C. 
     841(b)(1)) or paragraph (1)(H) or (2)(H) of section 1010(b) 
     the Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)), relating to manufacturing, 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 (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) the offender was an organizer, leader, manager, or 
     supervisor of others in the offense, as determined under the 
     guidelines promulgated by the United States Sentencing 
     Commission.

       ``(E) Deportable prisoners ineligible to apply time 
     credits.--
       ``(i) In general.--A prisoner is ineligible to apply time 
     credits under subparagraph (C) if the prisoner is the subject 
     of a final order of removal under any provision of the 
     immigration laws (as such term is defined in section 
     101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17))).
       ``(ii) Proceedings.--The Attorney General, in 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. 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) Penalties.--The Director of the Bureau of Prisons 
     shall develop guidelines for the reduction of rewards and 
     incentives earned under subsection (d) for prisoners who 
     violate prison rules or evidence-based recidivism reduction 
     program or productive activity rules, which shall provide--
       ``(1) general levels of violations and resulting 
     reductions;
       ``(2) that any reduction that includes the loss of time 
     credits shall require written notice to the prisoner, shall 
     be limited to time credits that a prisoner earned as of the 
     date of the prisoner's rule violation, and shall not include 
     any future time credits that the prisoner may earn; and
       ``(3) for a procedure to restore time credits that a 
     prisoner lost as a result of a rule violation, based on the 
     prisoner's individual progress after the date of the rule 
     violation.
       ``(f) Bureau of Prisons Training.--The Attorney General 
     shall develop and implement training programs for Bureau of 
     Prisons officers and employees responsible for administering 
     the System, which shall include--
       ``(1) initial training to educate officers and employees on 
     how to use the System in an appropriate and consistent 
     manner, as well as the reasons for using the System;
       ``(2) continuing education;
       ``(3) periodic training updates; and
       ``(4) a requirement that such officers and employees 
     demonstrate competence in administering the System, including 
     interrater reliability, on a biannual basis.
       ``(g) Quality Assurance.--In order to ensure that the 
     Bureau of Prisons is using the System in an appropriate and 
     consistent manner, the Attorney General shall monitor and 
     assess the use of the System, which shall include conducting 
     annual audits of the Bureau of Prisons regarding the use of 
     the System.
       ``(h) Dyslexia Screening.--
       ``(1) Screening.--The Attorney General shall incorporate a 
     dyslexia screening program into the System, including by 
     screening for dyslexia during--
       ``(A) the intake process; and
       ``(B) each periodic risk reassessment of a prisoner.
       ``(2) Treatment.--The Attorney General shall incorporate 
     programs designed to treat dyslexia into the evidence-based 
     recidivism reduction programs or productive activities 
     required to be implemented under this section. The Attorney 
     General may also incorporate programs designed to treat other 
     learning disabilities.

     ``Sec. 3633. Evidence-based recidivism reduction program and 
       recommendations

       ``(a) In General.--Prior to releasing the System, in 
     consultation with the Independent Review Committee authorized 
     by the First Step Act of 2018, the Attorney General shall--
       ``(1) review the effectiveness of evidence-based recidivism 
     reduction programs that exist as of the date of enactment of 
     this subchapter in prisons operated by the Bureau of Prisons;
       ``(2) review available information regarding the 
     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
       ``(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. Report

       ``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) 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) 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 of 
     Prisons, including the feasibility of prisoners manufacturing 
     products purchased by Federal agencies that are manufactured 
     overseas;
       ``(B) an assessment of the feasibility of expanding such 
     programs, consistent with the strategy required under 
     subparagraph (A), with the goal that 5 years after the date 
     of enactment of this subchapter, not less than 75 percent of 
     eligible minimum- and low-risk offenders have the opportunity 
     to participate in a prison work program for not less than 20 
     hours per week; and
       ``(C) a detailed discussion of legal authorities that would 
     be useful or necessary to achieve the goals described in 
     subparagraphs (A) and (B).
       ``(5) An assessment of the Bureau of Prisons' compliance 
     with section 3621(h).

[[Page S7665]]

       ``(6) 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) An assessment of budgetary savings resulting from 
     this subchapter, including--
       ``(A) a summary of the amount of savings resulting from the 
     transfer of prisoners into prerelease custody under this 
     chapter, including savings resulting from the avoidance or 
     deferral of future construction, acquisition, or operations 
     costs;
       ``(B) a summary of the amount of savings resulting from any 
     decrease in recidivism that may be attributed to the 
     implementation of the risk and needs assessment system or the 
     increase in recidivism reduction programs and productive 
     activities required by this subchapter;
       ``(C) a strategy to reinvest the savings described in 
     subparagraphs (A) and (B) in other--
       ``(i) Federal, State, and local law enforcement activities; 
     and
       ``(ii) expansions of recidivism reduction programs and 
     productive activities in the Bureau of Prisons; and
       ``(D) a description of how the reduced expenditures on 
     Federal corrections and the budgetary savings resulting from 
     this subchapter are currently being used and will be used 
     to--
       ``(i) increase investment in law enforcement and crime 
     prevention to combat gangs of national 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
       ``(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. 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.
       ``(4) Prisoner.--The term `prisoner' means a person who has 
     been sentenced to a term of imprisonment pursuant to a 
     conviction for a Federal criminal offense, or a person in the 
     custody of the Bureau of Prisons.
       ``(5) Productive activity.--The term `productive activity' 
     means either a group or individual activity that is designed 
     to allow prisoners determined as having a minimum or low risk 
     of recidivating to remain productive and thereby maintain a 
     minimum or low risk of recidivating, and may include the 
     delivery of the programs described in paragraph (1) to other 
     prisoners.
       ``(6) Risk and needs assessment tool.--The term `risk and 
     needs assessment tool' means an objective and statistically 
     validated method through which information is collected and 
     evaluated to determine--
       ``(A) as part of the intake process, the risk that a 
     prisoner will recidivate upon release from prison;
       ``(B) the recidivism reduction programs that will best 
     minimize the risk that the prisoner will recidivate upon 
     release from prison; and
       ``(C) the periodic reassessment of risk that a prisoner 
     will recidivate upon release from prison, based on factors 
     including indicators of progress and of regression, that are 
     dynamic and that can reasonably be expected to change while 
     in prison.''.
       (b) Clerical Amendment.--The table of subchapters for 
     chapter 229 of title 18, United States Code, is amended by 
     adding at the end the following:

``D.  Risk and Needs Assessment.............................3631''.....

     SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY 
                   BUREAU OF PRISONS.

       (a) Implementation of System Generally.--Section 3621 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(h) Implementation of Risk and Needs Assessment System.--
       ``(1) In general.--Not later than 180 days after the 
     Attorney General completes and releases the risk and needs 
     assessment system (referred to in this subsection as the 
     `System') developed under subchapter D, the Director of the 
     Bureau of Prisons shall, in accordance with that subchapter--
       ``(A) implement and complete the initial intake risk and 
     needs assessment for each prisoner (including for each 
     prisoner who was a prisoner prior to the effective date of 
     this subsection), regardless of the prisoner's length of 
     imposed term of imprisonment, and begin to assign 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 
     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) 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.--
     Beginning on the date of enactment of this subsection, the 
     Bureau of Prisons may begin to expand any evidence-based 
     recidivism reduction programs and productive activities that 
     exist at a prison as of such date, and may offer to prisoners 
     who successfully participate in such programs and activities 
     the incentives and rewards described in subchapter D.
       ``(5) Recidivism reduction partnerships.--In order to 
     expand evidence-based recidivism reduction programs and 
     productive activities, the Attorney General shall develop 
     policies for the warden of each prison of the Bureau of 
     Prisons to enter into partnerships, subject to the 
     availability of 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.

[[Page S7666]]

       ``(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 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.--This subsection applies in the 
     case of a prisoner (as such term is defined in section 3635) 
     who--
       ``(A) has earned time credits under the risk and needs 
     assessment system developed under subchapter D (referred to 
     in this subsection as the `System') in an amount that is 
     equal to the remainder of the prisoner's imposed term of 
     imprisonment;
       ``(B) has shown through the periodic risk reassessments a 
     demonstrated recidivism risk reduction or has maintained a 
     minimum or low recidivism risk, during the prisoner's term of 
     imprisonment;
       ``(C) has had the remainder of the prisoner's imposed term 
     of imprisonment computed under applicable law; and
       ``(D)(i) in the case of a prisoner being placed in 
     prerelease custody, the prisoner--
       ``(I) has been determined under the System to be a minimum 
     or low risk to recidivate pursuant to the last 2 
     reassessments of the prisoner; or
       ``(II) has had a petition to be transferred to prerelease 
     custody or supervised release approved by the warden of the 
     prison, after the warden's 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
       ``(cc) the prisoner is unlikely to recidivate; or

       ``(ii) in the case of a prisoner being placed in supervised 
     release, the prisoner has been determined under the System to 
     be a minimum or low risk to recidivate pursuant to the last 
     reassessment of the prisoner.
       ``(2) Types of prerelease custody.--A prisoner shall be 
     placed in prerelease custody as follows:
       ``(A) Home confinement.--
       ``(i) In general.--A prisoner placed in prerelease custody 
     pursuant to this subsection who is placed in home confinement 
     shall--

       ``(I) be subject to 24-hour electronic monitoring that 
     enables the prompt identification of the 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.
       ``(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.--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.
       ``(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) Mentoring, reentry, and spiritual services.--Any 
     prerelease custody into which a prisoner is placed under this 
     subsection may not include a condition prohibiting the 
     prisoner from receiving mentoring, reentry, or spiritual 
     services from a person who provided such services to the 
     prisoner while the prisoner was incarcerated, except that the 
     warden of the facility at which the prisoner was incarcerated 
     may waive the requirement under this paragraph if the warden 
     finds that the provision of such services would pose a 
     significant security risk to the prisoner, persons who 
     provide such services, or any other person. The warden shall 
     provide written notice of any such waiver to the person 
     providing such services and to the prisoner.
       ``(10) Time limits inapplicable.--The time limits under 
     subsections (b) and (c) shall not apply to prerelease custody 
     under this subsection.
       ``(11) Prerelease custody capacity.--The Director of the 
     Bureau of Prisons shall ensure there is sufficient prerelease 
     custody capacity to accommodate all eligible prisoners.''.
       (2) Effective date.--The amendments made by this 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.--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. 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

[[Page S7667]]

     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.
       (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. RULE OF CONSTRUCTION.

       Nothing in this Act, or the amendments made by this Act, 
     may be construed to provide authority to place a prisoner in 
     prerelease custody or supervised release who is serving a 
     term of imprisonment pursuant to a conviction for an offense 
     under the laws of one of the 50 States, or of a territory or 
     possession of the United States or to amend or affect the 
     enforcement of the immigration laws, as defined in section 
     101 of the Immigration and Nationality Act (8 U.S.C. 1101).

     SEC. 106. FAITH-BASED CONSIDERATIONS.

       (a) In General.--In considering any program, treatment, 
     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 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. INDEPENDENT REVIEW COMMITTEE.

       (a) In General.--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. 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) developing recommendations regarding evidence-based 
     recidivism reduction programs and productive activities;
       (3) conducting research and data analysis on--
       (A) evidence-based recidivism reduction programs relating 
     to the use of prisoner risk and needs assessment tools;
       (B) the most effective and efficient uses of such programs; 
     and
       (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
       (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 1 year after the date of 
     enactment of this Act and annually for each year until the 
     Independent Review Committee terminates under this section, 
     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 public report that includes--
                                 ______
                                 
  SA 4123. Mr. GARDNER submitted an amendment intended to be proposed 
to amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to 
the bill S. 756, to reauthorize and amend the Marine Debris Act to 
promote international action to reduce marine debris, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. STRENGTHENING THE TENTH AMENDMENT THROUGH 
                   ENTRUSTING STATES.

       (a) Short Title.--This section may be cited as the 
     ``Strengthening the Tenth Amendment Through Entrusting States 
     Act'' or the ``STATES Act''.
       (b) Rule Regarding Application to Marihuana.--
       (1) In general.--Part G of the Controlled Substances Act 
     (21 U.S.C. 801 et seq.) is amended by adding at the end the 
     following:


               ``rule regarding application to marihuana

       ``Sec. 710.  (a) The provisions of this title as applied to 
     marihuana, other than the provisions described in subsection 
     (c) and other than as provided in subsection (d), shall not 
     apply to any person acting in compliance with State law 
     relating to the manufacture, production, possession, 
     distribution, dispensation, administration, or delivery of 
     marihuana.
       ``(b) The provisions of this title related to marihuana, 
     other than the provisions described in subsection (c) and 
     other than as provided in subsection (d), shall not apply to 
     any person acting in compliance with the law of a Federally 
     recognized Indian tribe within its jurisdiction in Indian 
     Country, as defined in section 1151 of title 18, United 
     States Code, related to the manufacture, production, 
     possession, distribution, dispensation, administration, or 
     delivery of marihuana so long as such jurisdiction is located 
     within a state that permits, respectively, manufacture, 
     production, possession, distribution, dispensation, 
     administration, or delivery of marihuana.
       ``(c) The provisions described in this subsection are--
       ``(1) section 401(a)(1), with respect to a violation of 
     section 409 or 418;
       ``(2) section 409;
       ``(3) section 417; and
       ``(4) section 418.
       ``(d) Subsection (a) shall not apply to any person who--

[[Page S7668]]

       ``(1) violates the Controlled Substances Act with respect 
     to any other controlled substance;
       ``(2) notwithstanding compliance with State or tribal law, 
     knowingly or intentionally manufactures, produces, possesses, 
     distributes, dispenses, administers, or delivers any other 
     marihuana in violation of the laws of the State or tribe in 
     which such manufacture, production, possession, distribution, 
     dispensation, administration, or delivery occurs; or
       ``(3) employs or hires any person under 18 years of age to 
     manufacture, produce, distribute, dispense, administer, or 
     deliver marihuana.''.
       (c) Transportation Safety Offenses.--Section 409 of the 
     Controlled Substances Act (21 U.S.C. 849) is amended--
       (1) in subsection (b), in the matter preceding paragraph 
     (1)--
       (A) by striking ``A person'' and inserting ``Except as 
     provided in subsection (d), a person''; and
       (B) by striking ``subsection (b)'' and inserting 
     ``subsection (c)'';
       (2) in subsection (c), in the matter preceding paragraph 
     (1)--
       (A) by striking ``A person'' and inserting ``Except as 
     provided in subsection (d), a person''; and
       (B) by striking ``subsection (a)'' and inserting 
     ``subsection (b)''; and
       (3) by adding at the end the following:
       ``(d) Exception.--Subsections (b) and (c) shall not apply 
     to any person who possesses, or possesses with intent to 
     distribute marihuana in compliance with section 710.''.
       (d) Distribution to Persons Under Age 21.--Section 418 of 
     the Controlled Substances Act (21 U.S.C. 859) is amended--
       (1) in subsection (a), in the first sentence, by inserting 
     ``and subsection (c) of this section'' after ``section 419'';
       (2) in subsection (b), in the first sentence, by inserting 
     ``and subsection(c) of this section'' after ``section 419''; 
     and
       (3) by adding at the end the following:
       ``(c) Subsections (a) and (b) shall not apply to any person 
     at least 18 years of age who distributes medicinal marihuana 
     to a person under 21 years of age in compliance with section 
     710.''.
       (e) Rule of Construction.--
       (1) In general.--Conduct in compliance with this section 
     and the amendments made by this section--
       (A) shall not be unlawful;
       (B) shall not constitute trafficking in a controlled 
     substance under section 401 of the Controlled Substances Act 
     (21 U.S.C. 841) or any other provision of law; and
       (C) shall not constitute the basis for forfeiture of 
     property under section 511 of the Controlled Substances Act 
     (21 U.S.C. 881) or section 981 of title 18, United States 
     Code.
       (2) Proceeds.--The proceeds from any transaction in 
     compliance with this section and the amendments made by this 
     section shall not be deemed to be the proceeds of an unlawful 
     transaction under section 1956 or 1957 of title 18, United 
     States Code, or any other provision of law.
                                 ______
                                 
  SA 4124. Ms. HARRIS submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       In section 3621(h)(5) of title 18, United States Code (as 
     added by section 102(a) of the amendment), strike 
     subparagraph (C).
                                 ______
                                 
  SA 4125. Ms. HARRIS submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 46, strike line 23 and all that follows 
     through page 48, line 20 and insert the following:

       ``(I) 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

       ``(II) comply with such other conditions as the Director 
     determines appropriate.

                                 ______
                                 
  SA 4126. Mr. MANCHIN submitted an amendment intended to be proposed 
to amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to 
the bill S. 756, to reauthorize and amend the Marine Debris Act to 
promote international action to reduce marine debris, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                       TITLE VII--CLEAN START ACT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Clean Start Act''.

     SEC. 702. SEALING OF CRIMINAL RECORDS.

       (a) In General.--Chapter 229 of title 18, United States 
     Code, as amended by section 101, is amended by adding at the 
     end the following:

              ``Subchapter E--Sealing of Criminal Records

``Sec.
``3641. Definitions.
``3642. Sealing petition.
``3643. Effect of sealing order.

     ``Sec. 3641. Definitions

       ``In this subchapter--
       ``(1) the term `covered nonviolent offense' means a Federal 
     criminal offense that is not--
       ``(A) a crime of violence (as that term is defined in 
     section 16);
       ``(B) a sex offense (as that term is defined in section 111 
     of the Sex Offender Registration and Notification Act (34 
     U.S.C. 20911(5))));
       ``(C) an offense involving a victim under the age of 18 
     years; or
       ``(D) a serious drug offense (as that term is defined in 
     section 3559(c)(2));
       ``(2) the term `covered treatment program' means a 
     substance use disorder treatment program or recovery support 
     program that is licensed, certified, or accredited by a State 
     or national accreditation body, including peer-driven and 
     sober-living programs;
       ``(3) the term `eligible individual' means an individual 
     who--
       ``(A) has been arrested for or convicted of a qualifying 
     offense;
       ``(B) in the case of a conviction described in subparagraph 
     (A)--
       ``(i) has fulfilled each requirement of the sentence for 
     the qualifying offense, including--

       ``(I) completing each term of imprisonment, probation, or 
     supervised release; and
       ``(II) satisfying each condition of imprisonment, 
     probation, or supervised release;

       ``(ii) has satisfactorily completed a covered treatment 
     program; and
       ``(iii) has rendered service for a period of not less than 
     180 days--

       ``(I) as a peer mentor in a substance use disorder peer 
     mentorship program; or
       ``(II) if service described in subclause (I) is not 
     practicable, as a volunteer;

       ``(C) has not been convicted of more than 2 felonies that 
     are covered nonviolent offenses, including any such 
     convictions that have been sealed; and
       ``(D) has not been convicted of any felony that is not a 
     covered nonviolent offense;
       ``(4) the term `petitioner' means an individual who files a 
     sealing petition;
       ``(5) the term `protected information', with respect to a 
     qualifying offense, means any reference to--
       ``(A) an arrest, conviction, or sentence of an individual 
     for the offense;
       ``(B) the institution of criminal proceedings against an 
     individual for the offense; or
       ``(C) the result of criminal proceedings described in 
     subparagraph (B);
       ``(6) the term `qualifying offense' means--
       ``(A) a covered nonviolent offense committed by an 
     individual whose substance use disorder is a substantial 
     contributing factor in the commission of the offense, as 
     determined by a court reviewing a sealing petition with 
     respect to the offense under section 3642(b)(3)(A)(i); or
       ``(B) in the case of an arrest for an offense that does not 
     result in a conviction, a covered nonviolent offense with 
     respect to which the act that would have constituted the 
     offense is committed by an individual whose substance use 
     disorder is a substantial contributing factor in the 
     commission of the act, as determined by a court reviewing a 
     sealing petition with respect to the offense under section 
     3642(b)(3)(A)(i);
       ``(7) the term `seal'--
       ``(A) means--
       ``(i) to close a record from public viewing so that the 
     record cannot be examined except by court order; and
       ``(ii) to physically seal the record shut and label the 
     record `SEALED' or, in the case of an electronic record, the 
     substantive equivalent; and
       ``(B) has the effect described in section 3643, including--
       ``(i) the right to treat the offense to which a sealed 
     record relates, and any arrest, criminal proceeding, 
     conviction, or sentence relating to the offense, as if it 
     never occurred; and
       ``(ii) protection from civil and criminal perjury, false 
     swearing, and false statement laws with respect to a sealed 
     record;
       ``(8) the term `sealing hearing' means a hearing held under 
     section 3642(b)(2);
       ``(9) the term `sealing petition' means a petition for a 
     sealing order filed under section 3642(a); and
       ``(10) the term `substance use disorder peer mentorship 
     program' means a peer mentorship program at a covered 
     treatment program.

     ``Sec. 3642. Sealing petition

       ``(a) Right To File Sealing Petition.--

[[Page S7669]]

       ``(1) Date of eligibility.--
       ``(A) Convicted individuals.--
       ``(i) In general.--On and after the date that is 3 years 
     after the applicable date under clause (ii), an eligible 
     individual who was convicted of a qualifying offense and has 
     not been arrested for or convicted of a substance use-related 
     offense since that applicable date may file a petition for a 
     sealing order with respect to the qualifying offense in a 
     district court of the United States.
       ``(ii) Applicable date.--The applicable date--

       ``(I) for an eligible individual who was convicted of a 
     qualifying offense and sentenced to a term of imprisonment, 
     probation, or supervised release is the date on which the 
     eligible individual has fulfilled each requirement under 
     section 3641(3)(B)(i); and
       ``(II) for an eligible individual who was convicted of a 
     qualifying offense and not sentenced to a term of 
     imprisonment, probation, or supervised release is the date on 
     which the case relating to the qualifying offense is disposed 
     of.

       ``(iii) Violation of 3-year good behavior requirement.--

       ``(I) In general.--An eligible individual who is prohibited 
     from filing a petition for a sealing order with respect to a 
     qualifying offense under clause (i) because the individual is 
     arrested for or convicted of a substance use-related offense 
     on or after the applicable date under clause (ii) may file 
     such a petition on or after the date as of which not less 
     than 3 years have elapsed since the last such arrest or 
     conviction.
       ``(II) Rule of construction.--Nothing in subclause (I) 
     shall be construed to allow an eligible individual to file 
     more than 1 petition for a sealing order with respect to a 
     particular qualifying offense.

       ``(B) Individuals not convicted.--An eligible individual 
     who is arrested for but not convicted of a qualifying offense 
     may file a petition for a sealing order with respect to the 
     qualifying offense in a district court of the United States 
     on and after the date on which the case relating to the 
     offense is disposed of.
       ``(2) Notice of opportunity to file petition.--
       ``(A) Convicted individuals.--
       ``(i) In general.--If an individual is convicted of a 
     covered nonviolent offense and will potentially be eligible 
     to file a sealing petition with respect to the offense upon 
     fulfilling each requirement under section 3641(3)(B), the 
     court in which the individual is convicted shall, in writing, 
     inform the individual, on each date described in clause (ii) 
     of this subparagraph, of--

       ``(I) that potential eligibility;
       ``(II) the necessary procedures for filing the sealing 
     petition; and
       ``(III) the benefits of sealing a record, including 
     protection from civil and criminal perjury, false swearing, 
     and false statement laws with respect to the record.

       ``(ii) Dates.--The dates described in this clause are--

       ``(I) the date on which the individual is convicted; and
       ``(II) the date on which the individual has fulfilled each 
     requirement under section 3641(3)(B)(i).

       ``(B) Individuals not convicted.--
       ``(i) Arrest only.--If an individual is arrested for a 
     covered nonviolent offense, criminal proceedings are not 
     instituted against the individual for the offense, and the 
     individual is potentially eligible to file a sealing petition 
     with respect to the offense, on the date on which the case 
     relating to the offense is disposed of, the arresting 
     authority shall, in writing, inform the individual of--

       ``(I) that potential eligibility;
       ``(II) the necessary procedures for filing the sealing 
     petition; and
       ``(III) the benefits of sealing a record, including 
     protection from civil and criminal perjury, false swearing, 
     and false statement laws with respect to the record.

       ``(ii) Court proceedings.--If an individual is arrested for 
     a covered nonviolent offense, criminal proceedings are 
     instituted against the individual for the offense, the 
     individual is not convicted of the offense, and the 
     individual is potentially eligible to file a sealing petition 
     with respect to the offense, on the date on which the case 
     relating to the offense is disposed of, the court in which 
     the criminal proceedings take place shall, in writing, inform 
     the individual of--

       ``(I) that potential eligibility;
       ``(II) the necessary procedures for filing the sealing 
     petition; and
       ``(III) the benefits of sealing a record, including 
     protection from civil and criminal perjury, false swearing, 
     and false statement laws with respect to the record.

       ``(b) Procedures.--
       ``(1) Notification to prosecutor and other individuals.--If 
     an individual files a petition under subsection (a) with 
     respect to a qualifying offense, the district court in which 
     the petition is filed shall provide notice of the petition--
       ``(A) to the office of the United States attorney that 
     prosecuted or would have prosecuted the petitioner for the 
     offense; and
       ``(B) upon the request of the petitioner, to any other 
     individual that the petitioner determines may testify as to 
     the--
       ``(i) conduct of the petitioner since the date of the 
     offense or arrest; or
       ``(ii) reasons that the sealing order should be entered.
       ``(2) Hearing.--
       ``(A) In general.--Not later than 180 days after the date 
     on which an individual files a sealing petition, the district 
     court shall--
       ``(i) except as provided in subparagraph (D), conduct a 
     hearing in accordance with subparagraph (B); and
       ``(ii) determine whether to enter a sealing order for the 
     individual in accordance with paragraph (3).
       ``(B) Opportunity to testify and offer evidence.--
       ``(i) Petitioner.--The petitioner may testify or offer 
     evidence at the sealing hearing in support of sealing, 
     including evidence of ongoing sobriety.
       ``(ii) Prosecutor.--The office of a United States attorney 
     that receives notice under paragraph (1)(A) may send a 
     representative to testify or offer evidence at the sealing 
     hearing in support of or against sealing.
       ``(iii) Other individuals.--An individual who receives 
     notice under paragraph (1)(B) may testify or offer evidence 
     at the sealing hearing as to the issues described in clauses 
     (i) and (ii) of that paragraph.
       ``(C) Magistrate judges.--A magistrate judge may preside 
     over a hearing under this paragraph.
       ``(D) Waiver of hearing.--If the petitioner and the United 
     States attorney that receives notice under paragraph (1)(A) 
     so agree, the court shall make a determination under 
     paragraph (3) without a hearing.
       ``(3) Basis for decision.--
       ``(A) In general.--In determining whether to enter a 
     sealing order with respect to protected information relating 
     to a covered nonviolent offense, the court shall--
       ``(i) determine whether the offense is a qualifying offense 
     based on evidence that the petitioner suffered from an active 
     substance use disorder at the time of the commission of the 
     offense;
       ``(ii) consider--

       ``(I) the petition and any documents in the possession of 
     the court; and
       ``(II) all the evidence and testimony presented at the 
     sealing hearing, if such a hearing is conducted; and

       ``(iii) balance--

       ``(I)(aa) the interest of public knowledge and safety; and
       ``(bb) the legitimate interest, if any, of the Government 
     in maintaining the accessibility of the protected 
     information, including any potential impact of sealing the 
     protected information on Federal licensure, permit, or 
     employment restrictions; against
       ``(II)(aa) the conduct and demonstrated desire of the 
     petitioner to be rehabilitated and positively contribute to 
     the community; and
       ``(bb) the interest of the petitioner in having the 
     protected information sealed, including the harm of the 
     protected information to the ability of the petitioner to 
     secure and maintain employment.

       ``(B) Burden on government.--The burden shall be on the 
     Government to show that the interests under subclause (I) of 
     subparagraph (A)(iii) outweigh the interests of the 
     petitioner under subclause (II) of that subparagraph.
       ``(C) Reasoning.--The court shall provide the petitioner 
     and the Government with a written decision explaining the 
     reasons for the determination made under subparagraph (A).
       ``(4) Appeal.--A denial of a sealing petition by a district 
     court under this section shall be subject to review by a 
     court of appeals in accordance with section 1291 of title 28.
       ``(5) Universal form.--The Director of the Administrative 
     Office of the United States Courts shall create a universal 
     form, available over the Internet and in paper form, that an 
     individual may use to file a sealing petition.
       ``(6) Fee waiver.--The Director of the Administrative 
     Office of the United States Courts shall by regulation 
     establish a minimally burdensome process under which indigent 
     petitioners may obtain a waiver of any fee for filing a 
     sealing petition.
       ``(7) Reporting.--Not later than 2 years after the date of 
     enactment of this subchapter, and each year thereafter, each 
     district court of the United States shall publish and submit 
     to the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives a 
     report that--
       ``(A) describes--
       ``(i) the number of sealing petitions granted and denied 
     under this section;
       ``(ii) the number of instances in which the office of a 
     United States attorney supported or opposed a sealing 
     petition; and
       ``(iii) the number and amount of fees assessed and waived 
     under this section;
       ``(B) includes any supporting data that--
       ``(i) the court determines relevant; and
       ``(ii) does not name any petitioner; and
       ``(C) disaggregates all relevant data by race, ethnicity, 
     gender, and the nature of the offense.
       ``(8) Public defender eligibility.--
       ``(A) In general.--The district court may, in its 
     discretion, appoint counsel in accordance with the plan of 
     the district court in operation under section 3006A to 
     represent a petitioner for purposes of this section.
       ``(B) Considerations.--In making a determination whether to 
     appoint counsel under subparagraph (A), the court shall 
     consider--
       ``(i) the anticipated complexity of the sealing hearing, 
     including the number and type of witnesses called to advocate 
     against the sealing of the protected information of the 
     petitioner; and
       ``(ii) the potential for adverse testimony by a victim or a 
     representative of the office of the United States attorney.

[[Page S7670]]

  


     ``Sec. 3643. Effect of sealing order

       ``(a) In General.--Except as provided in this section, if a 
     district court of the United States enters a sealing order 
     with respect to a qualifying offense, the offense and any 
     arrest, criminal proceeding, conviction, or sentence relating 
     to the offense shall be treated as if it never occurred.
       ``(b) Verification of Sealing.--If a district court of the 
     United States enters a sealing order with respect to a 
     qualifying offense, the court shall--
       ``(1) send a copy of the sealing order to each entity or 
     person known to the court that possesses a record containing 
     protected information that relates to the offense, including 
     each--
       ``(A) law enforcement agency; and
       ``(B) public or private correctional or detention facility;
       ``(2) in the sealing order, require each entity or person 
     described in paragraph (1) to--
       ``(A) seal the record in accordance with this section; and
       ``(B) submit a written certification to the court, under 
     penalty of perjury, that the entity or person has sealed each 
     paper and electronic copy of the record;
       ``(3) seal each paper and electronic copy of the record in 
     the possession of the court; and
       ``(4) after receiving a written certification from each 
     entity or person under paragraph (2)(B), notify the 
     petitioner that each entity or person described in paragraph 
     (1) has sealed each paper and electronic copy of the record.
       ``(c) Protection From Perjury Laws.--Except as provided in 
     subsection (f)(3)(A), a petitioner with respect to whom a 
     sealing order has been entered for a qualifying offense shall 
     not be subject to prosecution under any civil or criminal 
     provision of Federal or State law relating to perjury, false 
     swearing, or making a false statement, including section 
     1001, 1621, 1622, or 1623, for failing to recite or 
     acknowledge any protected information with respect to the 
     offense or respond to any inquiry made of the petitioner, 
     relating to the protected information, for any purpose.
       ``(d) Attorney General Nonpublic Records.--The Attorney 
     General--
       ``(1) shall maintain a nonpublic record of all protected 
     information that has been sealed under this subchapter; and
       ``(2) may access or utilize protected information only--
       ``(A) for legitimate investigative purposes;
       ``(B) in defense of any civil suit arising out of the facts 
     of the arrest or subsequent proceedings; or
       ``(C) if the Attorney General determines that disclosure is 
     necessary to serve the interests of justice, public safety, 
     or national security.
       ``(e) Law Enforcement Access.--A Federal or State law 
     enforcement agency may access a record that is sealed under 
     this subchapter solely--
       ``(1) to determine whether the individual to whom the 
     record relates is eligible for a first-time-offender 
     diversion program;
       ``(2) for investigatory, prosecutorial, or Federal 
     supervision purposes; or
       ``(3) for a background check that relates to law 
     enforcement employment or any employment that requires a 
     government security clearance.
       ``(f) Prohibition on Disclosure.--
       ``(1) Prohibition.--Except as provided in paragraph (3), it 
     shall be unlawful to intentionally make or attempt to make an 
     unauthorized disclosure of any protected information from a 
     record that has been sealed under this subchapter.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned for not more than 1 
     year, or both.
       ``(3) Exceptions.--
       ``(A) Background checks.--An individual who is the subject 
     of a record sealed under this subchapter shall, and a Federal 
     or State law enforcement agency that possesses such a record 
     may, disclose the record in the case of a background check 
     for--
       ``(i) law enforcement employment; or
       ``(ii) any position that a Federal agency designates as a--

       ``(I) national security position; or
       ``(II) high-risk, public trust position.

       ``(B) Disclosure to armed forces.--A person may disclose 
     protected information from a record sealed under this 
     subchapter to the Secretaries of the military departments (or 
     the Secretary of Homeland Security with respect to the Coast 
     Guard when it is not operating as a service in the Navy) for 
     the purpose of vetting an enlistment or commission, or with 
     regard to any member of the Armed Forces.
       ``(C) Criminal and juvenile proceedings.--A prosecutor may 
     disclose protected information from a record sealed under 
     this subchapter if the information pertains to a potential 
     witness in a Federal or State--
       ``(i) criminal proceeding; or
       ``(ii) juvenile delinquency proceeding.
       ``(D) Authorization for individual to disclose own 
     record.--An individual who is the subject of a record sealed 
     under this subchapter may choose to disclose the record.''.
       (b) Applicability.--The right to file a sealing petition 
     under section 3642(a) of title 18, United States Code, as 
     added by subsection (a), shall apply with respect to a 
     qualifying offense (as defined in section 3641(a) of such 
     title) that is committed or alleged to have been committed 
     before, on, or after the date of enactment of this Act.
       (c) Transition Period for Hearings Deadline.--During the 1-
     year period beginning on the date of enactment of this Act, 
     section 3642(b)(2)(A) of title 18, United States Code, as 
     added by subsection (a), shall be applied by substituting ``1 
     year'' for ``180 days''.
       (d) Technical and Conforming Amendment.--The table of 
     subchapters for chapter 229 of title 18, United States Code, 
     as amended by section 101, is amended by adding at the end 
     the following:

``E. Sealing of Criminal Records............................3641''.....

     SEC. 703. STATE INCENTIVES.

       (a) COPS Grants Priority.--Section 1701 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10381) is amended--
       (1) in subsection (c)--
       (A) in paragraph (2), by striking ``or'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(4) subject to subsection (l), from an applicant in a 
     State that has in effect--
       ``(A) a law relating to the sealing of adult records that 
     is substantially similar to, or more generous to the former 
     offender than, the amendments made by section 702 of the 
     Clean Start Act; or
       ``(B) a law that allows an individual who has successfully 
     sealed a criminal record to be free from civil and criminal 
     perjury laws.''; and
       (2) by adding at the end the following:
       ``(l) Degree of Priority Relating to Sealing Laws 
     Commensurate With Degree of Compliance.--If the Attorney 
     General, in awarding grants under this part, gives 
     preferential consideration to any application as authorized 
     under subsection (c)(4), the Attorney General shall base the 
     degree of preferential consideration given to an application 
     from an applicant in a particular State on the number of 
     subparagraphs under subsection (c)(4) that the State has 
     satisfied, relative to the number of such subparagraphs that 
     each other State has satisfied.''.
       (b) Attorney General Guidelines and Technical Assistance.--
     The Attorney General shall issue guidelines and provide 
     technical assistance to assist States in complying with the 
     incentive under section 1701(c)(4) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10381(c)(2)), as added by subsection (a).
                                 ______
                                 
  SA 4127. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                  TITLE VII--DEMOCRACY RESTORATION ACT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Democracy Restoration Act 
     of 2018''.

     SEC. 702. FINDINGS.

       Congress makes the following findings:
       (1) The right to vote is the most basic constitutive act of 
     citizenship. Regaining the right to vote reintegrates 
     individuals with criminal convictions into free society, 
     helping to enhance public safety.
       (2) Article I, section 4, of the Constitution grants 
     Congress ultimate supervisory power over Federal elections, 
     an authority which has repeatedly been upheld by the United 
     States Supreme Court.
       (3) Basic constitutional principles of fairness and equal 
     protection require an equal opportunity for citizens of the 
     United States to vote in Federal elections. The right to vote 
     may not be abridged or denied by the United States or by any 
     State on account of race, color, gender, or previous 
     condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 
     26th Amendments to the Constitution empower Congress to enact 
     measures to protect the right to vote in Federal elections. 
     The 8th Amendment to the Constitution provides for no 
     excessive bail to be required, nor excessive fines imposed, 
     nor cruel and unusual punishments inflicted.
       (4) There are 3 areas where discrepancies in State laws 
     regarding criminal convictions lead to unfairness in Federal 
     elections--
       (A) the lack of a uniform standard for voting in Federal 
     elections leads to an unfair disparity and unequal 
     participation in Federal elections based solely on where a 
     person lives;
       (B) laws governing the restoration of voting rights after a 
     criminal conviction vary throughout the country and persons 
     in some States can easily regain their voting rights while in 
     other States persons effectively lose their right to vote 
     permanently; and
       (C) State disenfranchisement laws disproportionately impact 
     racial and ethnic minorities.
       (5) Two States do not disenfranchise individuals with 
     criminal convictions at all (Maine and Vermont), but 48 
     States and the District of Columbia have laws that deny 
     convicted individuals the right to vote while they are in 
     prison.
       (6) In some States disenfranchisement results from varying 
     State laws that restrict voting while individuals are under 
     the supervision of the criminal justice system or after they 
     have completed a criminal sentence. In 34 States, convicted 
     individuals may not vote while they are on parole and 30 of 
     those

[[Page S7671]]

     States disenfranchise individuals on felony probation as 
     well. In 10 States, a conviction can result in lifetime 
     disenfranchisement.
       (7) Several States deny the right to vote to individuals 
     convicted of certain misdemeanors.
       (8) An estimated 6,100,000 citizens of the United States, 
     or about 1 in 40 adults in the United States, currently 
     cannot vote as a result of a felony conviction. Of the 
     6,100,000 citizens barred from voting, only approximately 22 
     percent are in prison. By contrast, roughly 77 percent of the 
     disenfranchised reside in their communities while on 
     probation or parole or after having completed their 
     sentences. Approximately 3,100,000 citizens who have 
     completed their sentences remain disenfranchised due to 
     restrictive State laws. In six States--Alabama, Florida, 
     Kentucky, Mississippi, Tennessee, and Virginia--more than 7 
     percent of the total population is disenfranchised.
       (9) In those States that disenfranchise individuals post-
     sentence, the right to vote can be regained in theory, but in 
     practice this possibility is often granted in a non-uniform 
     and potentially discriminatory manner. Disenfranchised 
     individuals must either obtain a pardon or an order from the 
     Governor or an action by the parole or pardon board, 
     depending on the offense and State. Individuals convicted of 
     a Federal offense often have additional barriers to regaining 
     voting rights.
       (10) State disenfranchisement laws disproportionately 
     impact racial and ethnic minorities. More than 7 percent of 
     the voting-age African-American population, or 2,200,000 
     African-Americans, are disenfranchised. Currently, 1 of every 
     13 African-Americans are rendered unable to vote because of 
     felony disenfranchisement, which is a rate more than 4 times 
     greater than non-African-Americans. 7.4 percent of African-
     Americans are disenfranchised whereas only 1.8 percent of 
     non-African-Americans are. As of 2016, in 4 States--Florida 
     (23 percent), Kentucky (22 percent), Tennessee (21 percent), 
     and Virginia (20 percent)--more than 1 in 5 African-Americans 
     were unable to vote because of prior convictions.
       (11) Latino citizens are disproportionately disenfranchised 
     based upon their disproportionate representation in the 
     criminal justice system. If current incarceration trends 
     hold, 17 percent of Latino men will be incarcerated during 
     their lifetimes, in contrast to less than 6 percent of non-
     Latino White men. When analyzing the data across 10 States, 
     Latinos generally have disproportionately higher rates of 
     disenfranchisement compared to their presence in the voting 
     age population. In 6 out of 10 States studied in 2003, 
     Latinos constitute more than 10 percent of the total number 
     of persons disenfranchised by State felony laws. In 4 States 
     (California, 37 percent; New York, 34 percent; Texas, 30 
     percent; and Arizona, 27 percent), Latinos were 
     disenfranchised by a rate of more than 25 percent.
       (12) Disenfranchising citizens who have been convicted of a 
     criminal offense and who are living and working in the 
     community serves no compelling State interest and hinders 
     their rehabilitation and reintegration into society.
       (13) State disenfranchisement laws can suppress electoral 
     participation among eligible voters by discouraging voting 
     among family and community members of disenfranchised 
     persons. Future electoral participation by the children of 
     disenfranchised parents may be impacted as well.
       (14) The United States is the only Western democracy that 
     permits the permanent denial of voting rights for individuals 
     with felony convictions.

     SEC. 703. RIGHTS OF CITIZENS.

       The right of an individual who is a citizen of the United 
     States to vote in any election for Federal office shall not 
     be denied or abridged because that individual has been 
     convicted of a criminal offense unless such individual is 
     serving a felony sentence in a correctional institution or 
     facility at the time of the election.

     SEC. 704. ENFORCEMENT.

       (a) Attorney General.--The Attorney General may, in a civil 
     action, obtain such declaratory or injunctive relief as is 
     necessary to remedy a violation of this title.
       (b) Private Right of Action.--
       (1) In general.--A person who is aggrieved by a violation 
     of this title may provide written notice of the violation to 
     the chief election official of the State involved.
       (2) Relief.--Except as provided in paragraph (3), if the 
     violation is not corrected within 90 days after receipt of a 
     notice under paragraph (1), or within 20 days after receipt 
     of the notice if the violation occurred within 120 days 
     before the date of an election for Federal office, the 
     aggrieved person may, in a civil action, obtain declaratory 
     or injunctive relief with respect to the violation.
       (3) Exception.--If the violation occurred within 30 days 
     before the date of an election for Federal office, the 
     aggrieved person need not provide notice to the chief 
     election official of the State under paragraph (1) before 
     bringing a civil action to obtain declaratory or injunctive 
     relief with respect to the violation.

     SEC. 705. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

       (a) State Notification.--
       (1) Notification.--On the date determined under paragraph 
     (2), each State shall notify in writing any individual who 
     has been convicted of a criminal offense under the law of 
     that State that such individual has the right to vote in an 
     election for Federal office pursuant to the Democracy 
     Restoration Act of 2018 and may register to vote in any such 
     election.
       (2) Date of notification.--
       (A) Felony conviction.--In the case of such an individual 
     who has been convicted of a felony, the notification required 
     under paragraph (1) shall be given on the date on which the 
     individual--
       (i) is sentenced to serve only a term of probation; or
       (ii) is released from the custody of that State (other than 
     to the custody of another State or the Federal Government to 
     serve a term of imprisonment for a felony conviction).
       (B) Misdemeanor conviction.--In the case of such an 
     individual who has been convicted of a misdemeanor, the 
     notification required under paragraph (1) shall be given on 
     the date on which such individual is sentenced by a State 
     court.
       (b) Federal Notification.--
       (1) Notification.--Any individual who has been convicted of 
     a criminal offense under Federal law shall be notified in 
     accordance with paragraph (2) that such individual has the 
     right to vote in an election for Federal office pursuant to 
     the Democracy Restoration Act of 2018 and may register to 
     vote in any such election.
       (2) Date of notification.--
       (A) Felony conviction.--In the case of such an individual 
     who has been convicted of a felony, the notification required 
     under paragraph (1) shall be given--
       (i) in the case of an individual who is sentenced to serve 
     only a term of probation, by the Assistant Director for the 
     Office of Probation and Pretrial Services of the 
     Administrative Office of the United States Courts on the date 
     on which the individual is sentenced; or
       (ii) in the case of any individual committed to the custody 
     of the Bureau of Prisons, by the Director of the Bureau of 
     Prisons, during the period beginning on the date that is 6 
     months before such individual is released and ending on the 
     date such individual is released from the custody of the 
     Bureau of Prisons.
       (B) Misdemeanor conviction.--In the case of such an 
     individual who has been convicted of a misdemeanor, the 
     notification required under paragraph (1) shall be given on 
     the date on which such individual is sentenced by a court 
     established by an Act of Congress.

     SEC. 706. DEFINITIONS.

       For purposes of this title:
       (1) Correctional institution or facility.--The term 
     ``correctional institution or facility'' means any prison, 
     penitentiary, jail, or other institution or facility for the 
     confinement of individuals convicted of criminal offenses, 
     whether publicly or privately operated, except that such term 
     does not include any residential community treatment center 
     (or similar public or private facility).
       (2) Election.--The term ``election'' means--
       (A) a general, special, primary, or runoff election;
       (B) a convention or caucus of a political party held to 
     nominate a candidate;
       (C) a primary election held for the selection of delegates 
     to a national nominating convention of a political party; or
       (D) a primary election held for the expression of a 
     preference for the nomination of persons for election to the 
     office of President.
       (3) Federal office.--The term ``Federal office'' means the 
     office of President or Vice President of the United States, 
     or of Senator or Representative in, or Delegate or Resident 
     Commissioner to, the Congress of the United States.
       (4) Probation.--The term ``probation'' means probation, 
     imposed by a Federal, State, or local court, with or without 
     a condition on the individual involved concerning--
       (A) the individual's freedom of movement;
       (B) the payment of damages by the individual;
       (C) periodic reporting by the individual to an officer of 
     the court; or
       (D) supervision of the individual by an officer of the 
     court.

     SEC. 707. RELATION TO OTHER LAWS.

       (a) State Laws Relating to Voting Rights.--Nothing in this 
     title shall be construed to prohibit the States from enacting 
     any State law which affords the right to vote in any election 
     for Federal office on terms less restrictive than those 
     established by this title.
       (b) Certain Federal Acts.--The rights and remedies 
     established by this title are in addition to all other rights 
     and remedies provided by law, and neither rights and remedies 
     established by this title shall supersede, restrict, or limit 
     the application of the Voting Rights Act of 1965 (52 U.S.C. 
     10301 et seq.) or the National Voter Registration Act (52 
     U.S.C. 20501).

     SEC. 708. FEDERAL PRISON FUNDS.

       No State, unit of local government, or other person may 
     receive or use, to construct or otherwise improve a prison, 
     jail, or other place of incarceration, any Federal funds 
     unless that State, unit of local government, or person--
       (1) is in compliance with section 703; and
       (2) has in effect a program under which each individual 
     incarcerated in that person's jurisdiction who is a citizen 
     of the United States is notified, upon release from such 
     incarceration, of that individual's rights under section 703.

[[Page S7672]]

  


     SEC. 709. EFFECTIVE DATE.

       This title shall apply to citizens of the United States 
     voting in any election for Federal office held after the date 
     of the enactment of this title.
                                 ______
                                 
  SA 4128. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

               TITLE VII--PRIVATE PRISON INFORMATION ACT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Private Prison Information 
     Act of 2018''.

     SEC. 702. DEFINITIONS.

       In this title--
       (1) the term ``agency'' has the meaning given the term in 
     section 551 of title 5, United States Code;
       (2) the term ``applicable entity'' means--
       (A) a nongovernmental entity contracting with, or receiving 
     funds directly or indirectly from, a covered agency to 
     incarcerate or detain Federal prisoners or detainees in a 
     non-Federal prison, correctional, or detention facility; or
       (B) a State or local governmental entity with an 
     intergovernmental agreement with a covered agency to 
     incarcerate or detain Federal prisoners or detainees in a 
     non-Federal prison, correctional, or detention facility;
       (3) the term ``covered agency'' means an agency that 
     contracts with, or provides funds to, an applicable entity to 
     incarcerate or detain Federal prisoners or detainees in a 
     non-Federal prison, correctional, or detention facility; and
       (4) the term ``non-Federal prison, correctional, or 
     detention facility'' means--
       (A) a privately owned or privately operated prison, 
     correctional, or detention facility; or
       (B) a State or local prison, jail, or other correctional or 
     detention facility.

     SEC. 703. FREEDOM OF INFORMATION ACT APPLICABLE FOR CONTRACT 
                   PRISONS.

       (a) In General.--A record relating to a non-Federal prison, 
     correctional, or detention facility shall be--
       (1) considered an agency record for purposes of section 
     552(f)(2) of title 5, United States Code, whether in the 
     possession of an applicable entity or a covered agency; and
       (2) subject to section 552 of title 5, United States Code 
     (commonly known as the ``Freedom of Information Act''), to 
     the same extent as if the record was maintained by an agency 
     operating a Federal prison, correctional, or detention 
     facility.
       (b) Withholding of Information.--A covered agency may not 
     withhold information that would otherwise be required to be 
     disclosed under subsection (a) unless--
       (1) the covered agency, based on the independent assessment 
     of the covered agency, reasonably foresees that disclosure of 
     the information would cause specific identifiable harm to an 
     interest protected by an exemption from disclosure under 
     section 552(b) of title 5, United States Code; or
       (2) disclosure of the information is prohibited by law.
       (c) Format of Records.--An applicable entity shall maintain 
     records relating to a non-Federal prison, correctional, or 
     detention facility in formats that are readily reproducible 
     and reasonably searchable by the covered agency that 
     contracts with or provides funds to the applicable entity to 
     incarcerate or detain Federal prisoners or detainees in the 
     non-Federal prison, correctional, or detention facility.
       (d) Regulations.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, a covered agency shall promulgate 
     regulations or guidance to ensure compliance with this 
     section by the covered agency and an applicable entity that 
     the covered agency contracts with or provides funds to 
     incarcerate or detain Federal prisoners or detainees in a 
     non-Federal prison, correctional, or detention facility.
       (2) Compliance by applicable entities.--
       (A) In general.--Compliance with this section by an 
     applicable entity shall be included as a material term in any 
     contract, agreement, or renewal of a contract or agreement 
     with the applicable entity regarding the incarceration or 
     detention of Federal prisoners or detainees in a non-Federal 
     prison, correctional, or detention facility.
       (B) Modification of contract or agreement.--Not later than 
     1 year after the date of enactment of this Act, a covered 
     agency shall secure a modification to include compliance with 
     this section by an applicable entity as a material term in 
     any contract or agreement described under subparagraph (A) 
     that will not otherwise be renegotiated, renewed, or modified 
     before the date that is 1 year after the date of enactment of 
     this Act.
       (e) Rule of Construction.--Nothing in this title shall be 
     construed to limit or reduce the scope of State or local open 
     records laws.
                                 ______
                                 
  SA 4129. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 756, to reauthorize and amend the Marine Debris Act 
to promote international action to reduce marine debris, and for other 
purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``First Step 
     Act of 2018''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                     TITLE I--RECIDIVISM REDUCTION

Sec. 101. Risk and needs assessment system.
Sec. 102. Implementation of system and recommendations by Bureau of 
              Prisons.
Sec. 103. GAO report.
Sec. 104. Authorization of appropriations.
Sec. 105. Rule of construction.
Sec. 106. Faith-based considerations.
Sec. 107. Independent Review Committee.

          TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

Sec. 201. Short title.
Sec. 202. Secure firearms storage.

         TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

Sec. 301. Use of restraints on prisoners during the period of pregnancy 
              and postpartum recovery prohibited.

                      TITLE IV--SENTENCING REFORM

Sec. 401. Reduce and restrict enhanced sentencing for prior drug 
              felonies.
Sec. 402. Broadening of existing safety valve.
Sec. 403. Clarification of section 924(c) of title 18, United States 
              Code.
Sec. 404. Application of Fair Sentencing Act.

           TITLE V--SECOND CHANCE ACT OF 2007 REAUTHORIZATION

Sec. 501. Short title.
Sec. 502. Improvements to existing programs.
Sec. 503. Audit and accountability of grantees.
Sec. 504. Federal reentry improvements.
Sec. 505. Federal interagency reentry coordination.
Sec. 506. Conference expenditures.
Sec. 507. Evaluation of the Second Chance Act program.
Sec. 508. GAO review.

                TITLE VI--MISCELLANEOUS CRIMINAL JUSTICE

Sec. 601. Placement of prisoners close to families.
Sec. 602. Home confinement for low-risk prisoners.
Sec. 603. Federal prisoner reentry initiative reauthorization; 
              modification of imposed term of imprisonment.
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 VII--FAIRNESS FOR CRIME VICTIMS

Sec. 701. Short title.
Sec. 702. Point of order against certain changes in mandatory programs 
              affecting the Crime Victims Fund.

                     TITLE I--RECIDIVISM REDUCTION

     SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.

       (a) In General.--Chapter 229 of title 18, United States 
     Code, is amended by inserting after subchapter C the 
     following:

            ``SUBCHAPTER D--RISK AND NEEDS ASSESSMENT SYSTEM

``Sec.
``3631. Duties of the Attorney General.
``3632. Development of risk and needs assessment system.
``3633. Evidence-based recidivism reduction program and 
              recommendations.
``3634. Report.
``3635. Definitions.

     ``Sec. 3631. Duties of the Attorney General

       ``(a) In General.--The Attorney General shall carry out 
     this subchapter in consultation with--
       ``(1) the Director of the Bureau of Prisons;
       ``(2) the Director of the Administrative Office of the 
     United States Courts;
       ``(3) the Director of the Office of Probation and Pretrial 
     Services;
       ``(4) the Director of the National Institute of Justice;
       ``(5) the Director of the National Institute of 
     Corrections; and
       ``(6) the Independent Review Committee authorized by the 
     First Step Act of 2018.
       ``(b) Duties.--The Attorney General shall--
       ``(1) conduct a review of the existing prisoner risk and 
     needs assessment systems in operation on the date of 
     enactment of this subchapter;
       ``(2) develop recommendations regarding evidence-based 
     recidivism reduction programs and productive activities in 
     accordance with section 3633;

[[Page S7673]]

       ``(3) conduct ongoing research and data analysis on--
       ``(A) evidence-based recidivism reduction programs relating 
     to the use of prisoner risk and needs assessment tools;
       ``(B) the most effective and efficient uses of such 
     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 reducing job 
     opportunities for other workers in the United States;
       ``(4) 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) an evaluation to ensure that the risk and needs 
     assessment system bases the assessment of each prisoner's 
     risk of recidivism on indicators of progress and of 
     regression that are dynamic and that can reasonably be 
     expected to change while in prison;
       ``(D) statistical validation of any tools that the risk and 
     needs assessment system uses; and
       ``(E) an evaluation of the rates of recidivism among 
     similarly classified prisoners to identify any unwarranted 
     disparities, including disparities among similarly classified 
     prisoners of different demographic groups, in such rates;
       ``(5) make any revisions or updates to the risk and needs 
     assessment system that the Attorney General determines 
     appropriate pursuant to the review under paragraph (4), 
     including updates to ensure that any disparities identified 
     in paragraph (4)(E) are reduced to the greatest extent 
     possible; and
       ``(6) report to Congress in accordance with section 3634.

     ``Sec. 3632. Development of risk and needs assessment system

       ``(a) In General.--Not later than 210 days after the date 
     of enactment of this subchapter, the Attorney General, in 
     consultation with the Independent Review Committee authorized 
     by the First Step Act of 2018, shall develop and release 
     publicly on the 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;
       ``(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.--The System shall provide guidance on the type, 
     amount, and intensity of evidence-based recidivism reduction 
     programming and productive activities that shall be assigned 
     for each prisoner, including--
       ``(1) programs in which the Bureau of Prisons shall assign 
     the prisoner to participate, according to the prisoner's 
     specific criminogenic needs; and
       ``(2) information on the best ways that the Bureau of 
     Prisons can tailor the programs to the specific criminogenic 
     needs of each prisoner so as to most effectively lower each 
     prisoner's risk of recidivism.
       ``(c) Housing and Assignment Decisions.--The System shall 
     provide guidance on program grouping and housing assignment 
     determinations and, after accounting for the safety of each 
     prisoner and other individuals at the prison, provide that 
     prisoners with a similar risk level be grouped together in 
     housing and assignment decisions to the extent practicable.
       ``(d) Evidence-Based Recidivism Reduction Program 
     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) the recommendation from the warden of the prison at 
     which the prisoner is incarcerated at the time of making the 
     request.
       ``(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) 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. 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 81, relating to arson within special maritime 
     and territorial jurisdiction.
       ``(ii) Section 111(b), relating to assaulting, resisting, 
     or impeding certain officers or employees using a deadly or 
     dangerous weapon or inflicting bodily injury.
       ``(iii) 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.
       ``(iv) 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.
       ``(v) Section 116, relating to female genital mutilation.
       ``(vi) Section 117, relating to domestic assault by a 
     habitual offender.
       ``(vii) Any section of chapter 10, relating to biological 
     weapons.
       ``(viii) Any section of chapter 11B, relating to chemical 
     weapons.
       ``(ix) Section 351, relating to Congressional, Cabinet, and 
     Supreme Court assassination, kidnapping, and assault.
       ``(x) Section 521, relating to criminal street gangs.

[[Page S7674]]

       ``(xi) Section 751, relating to prisoners in custody of an 
     institution or officer.
       ``(xii) Section 793, relating to gathering, transmitting, 
     or losing defense information.
       ``(xiii) Section 794, relating to gathering or delivering 
     defense information to aid a foreign government.
       ``(xiv) 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).
       ``(xv) 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)).
       ``(xvi) Subsection (f)(3), (h), or (i) of section 844, 
     relating to the use of fire or an explosive.
       ``(xvii) 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.
       ``(xviii) Section 1030(a)(1), relating to fraud and related 
     activity in connection with computers.
       ``(xix) Any section of chapter 51, relating to homicide, 
     except for section 1112 (relating to manslaughter), 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).
       ``(xx) Any section of chapter 55, relating to kidnapping.
       ``(xxi) Any offense under chapter 77, relating to peonage, 
     slavery, and trafficking in persons, except for sections 1593 
     through 1596.
       ``(xxii) Section 1751, relating to Presidential and 
     Presidential staff assassination, kidnapping, and assault.
       ``(xxiii) Section 1791, relating to providing or possessing 
     contraband in prison.
       ``(xxiv) Section 1792, relating to mutiny and riots.
       ``(xxv) Section 1841(a)(2)(C), relating to intentionally 
     killing or attempting to kill an unborn child.
       ``(xxvi) 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.
       ``(xxvii) Section 2113(e), relating to bank robbery 
     resulting in death.
       ``(xxviii) 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.
       ``(xxix) Paragraph (2) or (3) of section 2119, relating to 
     taking a motor vehicle (commonly referred to as `carjacking') 
     that results in serious bodily injury or death.
       ``(xxx) Any section of chapter 105, relating to sabotage, 
     except for section 2152.
       ``(xxxi) Any section of chapter 109A, relating to sexual 
     abuse.
       ``(xxxii) Section 2250, relating to failure to register as 
     a sex offender.
       ``(xxxiii) Section 2251, relating to the sexual 
     exploitation of children.
       ``(xxxiv) Section 2251A, relating to the selling or buying 
     of children.
       ``(xxxv) Section 2252, relating to certain activities 
     relating to material involving the sexual exploitation of 
     minors.
       ``(xxxvi) Section 2252A, relating to certain activities 
     involving material constituting or containing child 
     pornography.
       ``(xxxvii) Section 2260, relating to the production of 
     sexually explicit depictions of a minor for importation into 
     the United States.
       ``(xxxviii) Section 2283, relating to the transportation of 
     explosive, biological, chemical, or radioactive or nuclear 
     materials.
       ``(xxxix) Section 2284, relating to the transportation of 
     terrorists.
       ``(xl) Section 2291, relating to the destruction of a 
     vessel or maritime facility, but only if the conduct that led 
     to the conviction involved a substantial risk of death or 
     serious bodily injury.
       ``(xli) Any section of chapter 113B, relating to terrorism.
       ``(xlii) Section 2340A, relating to torture.
       ``(xliii) Section 2381, relating to treason.
       ``(xliv) Section 2442, relating to the recruitment or use 
     of child soldiers.
       ``(xlv) 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).
       ``(xlvi) 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.
       ``(xlvii) Section 92 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2122), relating to prohibitions governing atomic 
     weapons.
       ``(xlviii) Section 101 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2131), relating to the atomic energy license 
     requirement.
       ``(xlix) 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.
       ``(l) Section 236 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2284), relating to the sabotage of nuclear facilities 
     or fuel.
       ``(li) 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.
       ``(lii) 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.
       ``(liii) 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.
       ``(liv) 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.
       ``(lv) 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.
       ``(lvi) Any section of the Export Administration Act of 
     1979 (50 U.S.C. 4611 et seq.)
       ``(lvii) Section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705).
       ``(lviii) 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.
       ``(lix) 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.
       ``(lx) 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.
       ``(lxi) 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.
       ``(lxii) 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 (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) the offender was an organizer, leader, manager, or 
     supervisor of others in the offense, as determined under the 
     guidelines promulgated by the United States Sentencing 
     Commission.

       ``(E) Deportable prisoners ineligible to apply time 
     credits.--
       ``(i) In general.--A prisoner is ineligible to apply time 
     credits under subparagraph (C) if the prisoner is the subject 
     of a final order of removal under any provision of the 
     immigration laws (as such term is defined in section 
     101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17))).
       ``(ii) Proceedings.--The Attorney General, in 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

[[Page S7675]]

     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. 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) Penalties.--The Director of the Bureau of Prisons 
     shall develop guidelines for the reduction of rewards and 
     incentives earned under subsection (d) for prisoners who 
     violate prison rules or evidence-based recidivism reduction 
     program or productive activity rules, which shall provide--
       ``(1) general levels of violations and resulting 
     reductions;
       ``(2) that any reduction that includes the loss of time 
     credits shall require written notice to the prisoner, shall 
     be limited to time credits that a prisoner earned as of the 
     date of the prisoner's rule violation, and shall not include 
     any future time credits that the prisoner may earn; and
       ``(3) for a procedure to restore time credits that a 
     prisoner lost as a result of a rule violation, based on the 
     prisoner's individual progress after the date of the rule 
     violation.
       ``(f) Bureau of Prisons Training.--The Attorney General 
     shall develop and implement training programs for Bureau of 
     Prisons officers and employees responsible for administering 
     the System, which shall include--
       ``(1) initial training to educate officers and employees on 
     how to use the System in an appropriate and consistent 
     manner, as well as the reasons for using the System;
       ``(2) continuing education;
       ``(3) periodic training updates; and
       ``(4) a requirement that such officers and employees 
     demonstrate competence in administering the System, including 
     interrater reliability, on a biannual basis.
       ``(g) Quality Assurance.--In order to ensure that the 
     Bureau of Prisons is using the System in an appropriate and 
     consistent manner, the Attorney General shall monitor and 
     assess the use of the System, which shall include conducting 
     annual audits of the Bureau of Prisons regarding the use of 
     the System.
       ``(h) Dyslexia Screening.--
       ``(1) Screening.--The Attorney General shall incorporate a 
     dyslexia screening program into the System, including by 
     screening for dyslexia during--
       ``(A) the intake process; and
       ``(B) each periodic risk reassessment of a prisoner.
       ``(2) Treatment.--The Attorney General shall incorporate 
     programs designed to treat dyslexia into the evidence-based 
     recidivism reduction programs or productive activities 
     required to be implemented under this section. The Attorney 
     General may also incorporate programs designed to treat other 
     learning disabilities.

     ``Sec. 3633. Evidence-based recidivism reduction program and 
       recommendations

       ``(a) In General.--Prior to releasing the System, in 
     consultation with the Independent Review Committee authorized 
     by the First Step Act of 2018, the Attorney General shall--
       ``(1) review the effectiveness of evidence-based recidivism 
     reduction programs that exist as of the date of enactment of 
     this subchapter in prisons operated by the Bureau of Prisons;
       ``(2) review available information regarding the 
     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
       ``(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. Report

       ``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) 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) 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 of 
     Prisons, including the feasibility of prisoners manufacturing 
     products purchased by Federal agencies that are manufactured 
     overseas;
       ``(B) an assessment of the feasibility of expanding such 
     programs, consistent with the strategy required under 
     subparagraph (A), with the goal that 5 years after the date 
     of enactment of this subchapter, not less than 75 percent of 
     eligible minimum- and low-risk offenders have the opportunity 
     to participate in a prison work program for not less than 20 
     hours per week; and
       ``(C) a detailed discussion of legal authorities that would 
     be useful or necessary to achieve the goals described in 
     subparagraphs (A) and (B).
       ``(5) An assessment of the Bureau of Prisons' compliance 
     with section 3621(h).
       ``(6) An assessment of progress made toward carrying out 
     the purposes of this subchapter, including any savings 
     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) An assessment of budgetary savings resulting from 
     this subchapter, including--
       ``(A) a summary of the amount of savings resulting from the 
     transfer of prisoners into prerelease custody under this 
     chapter, including savings resulting from the avoidance or 
     deferral of future construction, acquisition, or operations 
     costs;
       ``(B) a summary of the amount of savings resulting from any 
     decrease in recidivism that may be attributed to the 
     implementation of the risk and needs assessment system or the 
     increase in recidivism reduction programs and productive 
     activities required by this subchapter;
       ``(C) a strategy to reinvest the savings described in 
     subparagraphs (A) and (B) in other--
       ``(i) Federal, State, and local law enforcement activities; 
     and
       ``(ii) expansions of recidivism reduction programs and 
     productive activities in the Bureau of Prisons; and
       ``(D) a description of how the reduced expenditures on 
     Federal corrections and the budgetary savings resulting from 
     this subchapter are currently being used and will be used 
     to--
       ``(i) increase investment in law enforcement and crime 
     prevention to combat gangs of national 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
       ``(iii) promote crime reduction programs using evidence-
     based practices and strategic planning to help reduce crime 
     and criminal recidivism.
       ``(8) Statistics on--

[[Page S7676]]

       ``(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. 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.
       ``(4) Prisoner.--The term `prisoner' means a person who has 
     been sentenced to a term of imprisonment pursuant to a 
     conviction for a Federal criminal offense, or a person in the 
     custody of the Bureau of Prisons.
       ``(5) Productive activity.--The term `productive activity' 
     means either a group or individual activity that is designed 
     to allow prisoners determined as having a minimum or low risk 
     of recidivating to remain productive and thereby maintain a 
     minimum or low risk of recidivating, and may include the 
     delivery of the programs described in paragraph (1) to other 
     prisoners.
       ``(6) Risk and needs assessment tool.--The term `risk and 
     needs assessment tool' means an objective and statistically 
     validated method through which information is collected and 
     evaluated to determine--
       ``(A) as part of the intake process, the risk that a 
     prisoner will recidivate upon release from prison;
       ``(B) the recidivism reduction programs that will best 
     minimize the risk that the prisoner will recidivate upon 
     release from prison; and
       ``(C) the periodic reassessment of risk that a prisoner 
     will recidivate upon release from prison, based on factors 
     including indicators of progress and of regression, that are 
     dynamic and that can reasonably be expected to change while 
     in prison.''.
       (b) Clerical Amendment.--The table of subchapters for 
     chapter 229 of title 18, United States Code, is amended by 
     adding at the end the following:

``D.  Risk and Needs Assessment.............................3631''.....

     SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY 
                   BUREAU OF PRISONS.

       (a) Implementation of System Generally.--Section 3621 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(h) Implementation of Risk and Needs Assessment System.--
       ``(1) In general.--Not later than 180 days after the 
     Attorney General completes and releases the risk and needs 
     assessment system (referred to in this subsection as the 
     `System') developed under subchapter D, the Director of the 
     Bureau of Prisons shall, in accordance with that subchapter--
       ``(A) implement and complete the initial intake risk and 
     needs assessment for each prisoner (including for each 
     prisoner who was a prisoner prior to the effective date of 
     this subsection), regardless of the prisoner's length of 
     imposed term of imprisonment, and begin to assign 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 
     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) 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.--
     Beginning on the date of enactment of this subsection, the 
     Bureau of Prisons may begin to expand any evidence-based 
     recidivism reduction programs and productive activities that 
     exist at a prison as of such date, and may offer to prisoners 
     who successfully participate in such programs and activities 
     the incentives and rewards described in subchapter D.
       ``(5) Recidivism reduction partnerships.--In order to 
     expand evidence-based recidivism reduction programs and 
     productive activities, the Attorney General shall develop 
     policies for the warden of each prison of the Bureau of 
     Prisons to enter into partnerships, subject to the 
     availability of 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 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.--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;

[[Page S7677]]

       ``(C) has had the remainder of the prisoner's imposed term 
     of imprisonment computed under applicable law; and
       ``(D)(i) in the case of a prisoner being placed in 
     prerelease custody, the prisoner--
       ``(I) has been determined under the System to be a minimum 
     or low risk to recidivate pursuant to the last 2 
     reassessments of the prisoner; or
       ``(II) has had a petition to be transferred to prerelease 
     custody or supervised release approved by the warden of the 
     prison, after the warden's 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
       ``(cc) the prisoner is unlikely to recidivate; or

       ``(ii) in the case of a prisoner being placed in supervised 
     release, the prisoner has been determined under the System to 
     be a minimum or low risk to recidivate pursuant to the last 
     reassessment of the prisoner.
       ``(2) Types of prerelease custody.--A prisoner shall be 
     placed in prerelease custody as follows:
       ``(A) Home confinement.--
       ``(i) In general.--A prisoner placed in prerelease custody 
     pursuant to this subsection who is placed in home confinement 
     shall--

       ``(I) be subject to 24-hour electronic monitoring that 
     enables the prompt identification of the 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.
       ``(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.--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.
       ``(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) Mentoring, reentry, and spiritual services.--Any 
     prerelease custody into which a prisoner is placed under this 
     subsection may not include a condition prohibiting the 
     prisoner from receiving mentoring, reentry, or spiritual 
     services from a person who provided such services to the 
     prisoner while the prisoner was incarcerated, except that the 
     warden of the facility at which the prisoner was incarcerated 
     may waive the requirement under this paragraph if the warden 
     finds that the provision of such services would pose a 
     significant security risk to the prisoner, persons who 
     provide such services, or any other person. The warden shall 
     provide written notice of any such waiver to the person 
     providing such services and to the prisoner.
       ``(10) Time limits inapplicable.--The time limits under 
     subsections (b) and (c) shall not apply to prerelease custody 
     under this subsection.
       ``(11) Prerelease custody capacity.--The Director of the 
     Bureau of Prisons shall ensure there is sufficient prerelease 
     custody capacity to accommodate all eligible prisoners.''.
       (2) Effective date.--The amendments made by this 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.--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. 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.
       (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

[[Page S7678]]

     in recidivism that result from this title should be 
     reinvested--
       (1) to supplement funding for programs that increase public 
     safety by providing resources to State and local law 
     enforcement officials, including for the adoption of 
     innovative technologies and information sharing capabilities;
       (2) into evidence-based recidivism reduction programs 
     offered by the Bureau of Prisons; and
       (3) into ensuring eligible prisoners have access to such 
     programs and productive activities offered by the Bureau of 
     Prisons.

     SEC. 105. RULE OF CONSTRUCTION.

       Nothing in this Act, or the amendments made by this Act, 
     may be construed to provide authority to place a prisoner in 
     prerelease custody or supervised release who is serving a 
     term of imprisonment pursuant to a conviction for an offense 
     under the laws of one of the 50 States, or of a territory or 
     possession of the United States or to amend or affect the 
     enforcement of the immigration laws, as defined in section 
     101 of the Immigration and Nationality Act (8 U.S.C. 1101).

     SEC. 106. FAITH-BASED CONSIDERATIONS.

       (a) In General.--In considering any program, treatment, 
     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 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 faith-based activities 
     using direct financial assistance made available under this 
     title or the amendments made by this title.
       (d) Rule of Construction.--Nothing in this Act, or the 
     amendments made by this Act, may be construed to amend any 
     requirement under Federal law or the Constitution of the 
     United States regarding funding for faith-based programs or 
     activities.

     SEC. 107. INDEPENDENT REVIEW COMMITTEE.

       (a) In General.--The Attorney General shall consult with an 
     Independent Review Committee in carrying out the Attorney 
     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. 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) developing recommendations regarding evidence-based 
     recidivism reduction programs and productive activities;
       (3) conducting research and data analysis on--
       (A) evidence-based recidivism reduction programs relating 
     to the use of prisoner risk and needs assessment tools;
       (B) the most effective and efficient uses of such programs; 
     and
       (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
       (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) 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) 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--BUREAU OF PRISONS SECURE FIREARMS STORAGE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Lieutenant Osvaldo 
     Albarati Correctional Officer Self-Protection Act of 2018''.

     SEC. 202. SECURE FIREARMS STORAGE.

       (a) In General.--Chapter 303 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 4050. Secure firearms storage

       ``(a) Definitions.--In this section--
       ``(1) the term `employee' means a qualified law enforcement 
     officer employed by the Bureau of Prisons; and
       ``(2) the terms `firearm' and `qualified law enforcement 
     officer' have the meanings given those terms under section 
     926B.
       ``(b) Secure Firearms Storage.--The Director of the Bureau 
     of Prisons shall ensure that each chief executive officer of 
     a Federal penal or correctional institution--
       ``(1)(A) provides a secure storage area located outside of 
     the secure perimeter of the institution for employees to 
     store firearms; or
       ``(B) allows employees to store firearms in a vehicle 
     lockbox approved by the Director of the Bureau of Prisons; 
     and
       ``(2) notwithstanding any other provision of law, allows 
     employees to carry concealed firearms on the premises outside 
     of the secure perimeter of the institution.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 303 of title 18, United States Code, is 
     amended by adding at the end the following:

``4050. Secure firearms storage.''.

         TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

     SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD OF 
                   PREGNANCY AND POSTPARTUM RECOVERY PROHIBITED.

       (a) In General.--Chapter 317 of title 18, United States 
     Code, is amended by inserting after section 4321 the 
     following:

     ``Sec. 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.--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.
       ``(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;

[[Page S7679]]

       ``(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.--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.
       ``(d) Notice.--Not later than 48 hours after the 
     confirmation of a prisoner's pregnancy by a healthcare 
     professional, that prisoner shall be notified by an 
     appropriate healthcare professional, corrections official, or 
     United States marshal, as applicable, of the restrictions on 
     the use of restraints under this section.
       ``(e) Violation Reporting Process.--The Director of the 
     Bureau of Prisons, in consultation with the Director of the 
     United States Marshals Service, shall establish a process 
     through which a prisoner may report a violation of this 
     section.
       ``(f) Training.--
       ``(1) In general.--The Director of the Bureau of Prisons 
     and the Director of the United States Marshals Service shall 
     each develop training guidelines regarding the use of 
     restraints on female prisoners during the period of 
     pregnancy, labor, and postpartum recovery, and shall 
     incorporate such guidelines into appropriate training 
     programs. Such training guidelines shall include--
       ``(A) how to identify certain symptoms of pregnancy that 
     require immediate referral to a healthcare 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.--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.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     317 of title 18, United States Code, is amended by adding 
     after the item relating to section 4321 the following:

``4322. Use of restraints on prisoners during the period of pregnancy, 
              labor, and postpartum recovery prohibited.''.

                      TITLE IV--SENTENCING REFORM

     SEC. 401. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR 
                   DRUG FELONIES.

       (a) Controlled Substances Act Amendments.--The Controlled 
     Substances Act (21 U.S.C. 801 et seq.) is amended--
       (1) in section 102 (21 U.S.C. 802), by adding at the end 
     the following:
       ``(57) The term `serious drug felony' means an offense 
     described in section 924(e)(2) of title 18, United States 
     Code, for which--
       ``(A) the offender served a term of imprisonment of more 
     than 12 months; and
       ``(B) the offender's release from any term of 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 
     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.--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.--The amendments made by this section 
     shall apply only to a conviction entered on or after the date 
     of enactment of this Act.

[[Page S7680]]

  


     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 inserting ``violation of this subsection 
     that occurs after a prior conviction under this subsection 
     has become final''.
       (b) Applicability to Pending Cases.--This section, and the 
     amendments made by this section, shall apply to any offense 
     that was committed before the date of enactment of this Act, 
     if a sentence for the offense has not been imposed as of such 
     date of enactment.

     SEC. 404. APPLICATION OF FAIR SENTENCING ACT.

       (a) Definition of Covered Offense.--In this section, the 
     term ``covered offense'' means a violation of a Federal 
     criminal statute, the statutory penalties for which were 
     modified by section 2 or 3 of the Fair Sentencing Act of 2010 
     (Public Law 111-220; 124 Stat. 2372), that was committed 
     before August 3, 2010.
       (b) Defendants Previously Sentenced.--A court that imposed 
     a sentence for a covered offense may, on motion of the 
     defendant, the Director of the Bureau of Prisons, the 
     attorney for the Government, or the court, impose a reduced 
     sentence as if sections 2 and 3 of the Fair Sentencing Act of 
     2010 (Public Law 111-220; 124 Stat. 2372) were in effect at 
     the time the covered offense was committed.
       (c) Limitations.--No court shall entertain a motion made 
     under this section to reduce a sentence if the sentence was 
     previously imposed or previously reduced in accordance with 
     the amendments made by sections 2 and 3 of the Fair 
     Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) 
     or if a previous motion made under this section to reduce the 
     sentence was, after the date of enactment of this Act, denied 
     after a complete review of the motion on the merits. Nothing 
     in this section shall be construed to require a court to 
     reduce any sentence pursuant to this section.

           TITLE V--SECOND CHANCE ACT OF 2007 REAUTHORIZATION

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Second Chance 
     Reauthorization Act of 2018''.

     SEC. 502. IMPROVEMENTS TO EXISTING PROGRAMS.

       (a) Reauthorization of Adult and Juvenile Offender State 
     and Local Demonstration Projects.--Section 2976 of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10631) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Grant Authorization.--The Attorney General shall make 
     grants to States, local governments, territories, or Indian 
     tribes, or any combination thereof (in this section referred 
     to as an `eligible entity'), in partnership with interested 
     persons (including Federal corrections and supervision 
     agencies), service providers, and 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
       (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.--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 
     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) 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) 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) consultation with crime victims and offenders who 
     are released from prisons, jails, and juvenile facilities;
       ``(iii) coordination with families of offenders;
       ``(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) 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,

[[Page S7681]]

     probation, or supervision (specifically those violations that 
     are not otherwise, and independently, a violation of law);
       ``(E) provide for an independent evaluation of reentry 
     programs that include, to the maximum extent possible, random 
     assignment and controlled studies to determine the 
     effectiveness of such programs;
       ``(F) target moderate and high-risk offenders for reentry 
     programs through validated assessment tools; or
       ``(G) target offenders with histories of homelessness, 
     substance abuse, or mental illness, including a prerelease 
     assessment of the housing status of the offender and 
     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) 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)--
       (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.--As a condition of receiving financial 
     assistance under subsection (f), each application shall 
     develop a comprehensive reentry strategic plan that--
       ``(A) contains a plan to assess inmate reentry needs and 
     measurable annual and 3-year performance outcomes;
       ``(B) uses, to the maximum extent possible, randomly 
     assigned and controlled studies, or rigorous quasi-
     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.--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;
       ``(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;
       ``(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) and inserting the 
     following:
       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part $10,000,000 for each of fiscal years 
     2019 through 2023.''.
       (c) Grant Program To Evaluate and Improve Educational 
     Methods at Prisons, Jails, and Juvenile Facilities.--Title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended--
       (1) by striking the second part designated as part JJ, as 
     added by the Second Chance Act of 2007 (Public Law 110-199; 
     122 Stat. 677), relating to grants to evaluate and improve 
     educational methods at prisons, jails, and juvenile 
     facilities;
       (2) by adding at the end the following:

``PART NN--GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT 
                PRISONS, JAILS, AND JUVENILE FACILITIES

     ``SEC. 3041. GRANT PROGRAM TO EVALUATE AND IMPROVE 
                   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--
       ``(1) evaluate methods to improve academic and vocational 
     education for offenders in prisons, jails, and juvenile 
     facilities;
       ``(2) identify, and make recommendations to the Attorney 
     General regarding, best practices relating to academic and 
     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

[[Page S7682]]

     form and manner, at such time, and accompanied by such 
     information as the Attorney General specifies.
       ``(c) Best Practices.--Not later than 180 days after the 
     date of enactment of the Second Chance Reauthorization Act of 
     2018, the Attorney General shall identify and publish best 
     practices relating to academic and vocational education for 
     offenders in prisons, jails, and juvenile facilities. The 
     best practices shall 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) Report.--Not later than 90 days after the last day of 
     the final fiscal year of a grant under this part, each entity 
     described in subsection (a) receiving such a grant shall 
     submit to the Attorney General a detailed report of the 
     progress made by the entity using such grant, to permit the 
     Attorney General to evaluate and improve academic and 
     vocational education methods carried out with grants under 
     this part.''; and
       (3) in section 1001(a) of part J of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10261(a)), by adding at the end the following:
       ``(28) There are authorized to be appropriated to carry out 
     section 3031(a)(4) of part NN $5,000,000 for each of fiscal 
     years 2019, 2020, 2021, 2022, and 2023.''.
       (d) Careers Training Demonstration Grants.--Section 115 of 
     the Second Chance Act of 2007 (34 U.S.C. 60511) is amended--
       (1) in the heading, by striking ``technology careers'' and 
     inserting ``careers'';
       (2) in subsection (a)--
       (A) by striking ``and Indian'' and inserting ``nonprofit 
     organizations, and Indian''; and
       (B) by striking ``technology career training to prisoners'' 
     and inserting ``career training, including subsidized 
     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);
       (5) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (6) by inserting after subsection (b) the following:
       ``(c) Priority Consideration.--Priority consideration shall 
     be given to any application under this section that--
       ``(1) provides assessment of local demand for employees in 
     the geographic areas to which offenders are likely to return;
       ``(2) conducts individualized reentry career planning upon 
     the start of incarceration or post-release employment 
     planning for each offender served under the grant;
       ``(3) demonstrates connections to employers within the 
     local community; or
       ``(4) tracks and monitors employment outcomes.''; and
       (7) by adding at the end the following:
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for each of fiscal years 2019, 2020, 2021, 2022, 
     and 2023.''.
       (e) Offender Reentry Substance Abuse and Criminal 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) 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.--
       (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 Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10631)'' after ``and 212''.

     SEC. 503. AUDIT AND ACCOUNTABILITY OF GRANTEES.

       (a) Definitions.--In this section--
       (1) the term ``covered grant program'' means grants awarded 
     under section 115, 201, or 211 of the Second Chance Act of 
     2007 (34 U.S.C. 60511, 60521, and 60531), as amended by this 
     title;
       (2) the term ``covered grantee'' means a recipient of a 
     grant from a covered grant program;
       (3) the term ``nonprofit'', when used with respect to an 
     organization, means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986, and 
     is exempt from taxation under section 501(a) of such Code; 
     and
       (4) the term ``unresolved audit finding'' means an audit 
     report finding in a final audit report of the Inspector 
     General of the Department of Justice that a covered grantee 
     has used grant funds awarded to that grantee under a covered 
     grant program for an unauthorized expenditure or otherwise 
     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.--Beginning in fiscal year 2019, and 
     annually thereafter, the Inspector General of the Department 
     of Justice shall conduct audits of covered grantees to 
     prevent waste, fraud, and abuse of funds awarded under 
     covered grant programs. The Inspector General shall determine 
     the appropriate number of covered grantees to be audited each 
     year.
       (c) Mandatory Exclusion.--A grantee that is found to have 
     an unresolved audit finding under an audit conducted under 
     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) 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.

[[Page S7683]]

       (e) Priority of Grant Awards.--The Attorney General, in 
     awarding grants under a covered grant program shall give 
     priority to eligible entities that during the 2-year period 
     preceding the application for a grant have not been found to 
     have an unresolved audit finding.
       (f) Nonprofit Requirements.--
       (1) Prohibition.--A nonprofit organization that holds money 
     in offshore accounts for the purpose of avoiding the tax 
     described in section 511(a) of the Internal Revenue Code of 
     1986, shall not be eligible to receive, directly or 
     indirectly, any funds from a covered grant program.
       (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.--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) prohibit the covered grantee from receiving a grant 
     under the covered grant program from which it received a 
     grant award during at least the 5-year period beginning on 
     the date of such violation.

     SEC. 504. FEDERAL REENTRY IMPROVEMENTS.

       (a) Responsible Reintegration of Offenders.--Section 212 of 
     the Second Chance Act of 2007 (34 U.S.C. 60532) is repealed.
       (b) Federal Prisoner Reentry Initiative.--Section 231 of 
     the Second Chance Act of 2007 (434 U.S.C. 60541) is amended--
       (1) in subsection (g)--
       (A) in paragraph (3), by striking ``carried out during 
     fiscal years 2009 and 2010'' and inserting ``carried out 
     during fiscal years 2019 through 2023''; and
       (B) in paragraph (5)(A)(ii), by striking ``the greater of 
     10 years or'';
       (2) by striking subsection (h);
       (3) by redesignating subsection (i) as subsection (h); and
       (4) in subsection (h), as so redesignated, by striking 
     ``2009 and 2010'' and inserting ``2019 through 2023''.
       (c) Enhancing Reporting Requirements Pertaining to 
     Community Corrections.--Section 3624(c) of title 18, United 
     States Code, is amended--
       (1) in paragraph (5), in the second sentence, by inserting 
     ``, and number of prisoners not being placed in community 
     corrections facilities for each reason set forth'' before ``, 
     and any other information''; and
       (2) in paragraph (6), by striking ``the Second Chance Act 
     of 2007'' and inserting ``the Second Chance Reauthorization 
     Act of 2018''.
       (d) Termination of Study on Effectiveness of Depot 
     Naltrexone for Heroin Addiction.--Section 244 of the Second 
     Chance Act of 2007 (34 U.S.C. 60554) is repealed.
       (e) Authorization of Appropriations for Research.--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
       (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.--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.--The amendments made by paragraph (1) 
     shall take effect 180 days after the date of enactment of 
     this Act.
       (g) Repeals.--
       (1) Section 2978 of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10633) is repealed.
       (2) Part CC of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10581 et seq.) is 
     repealed.

     SEC. 505. FEDERAL INTERAGENCY REENTRY COORDINATION.

       (a) Reentry Coordination.--The Attorney General, in 
     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 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.--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. EVALUATION OF THE SECOND CHANCE ACT PROGRAM.

       (a) Evaluation of the Second Chance Act Grant Program.--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.
       (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.

[[Page S7684]]

       (c) Techniques.--Evaluations conducted under this section 
     shall use appropriate methodology and research designs. 
     Impact evaluations conducted under this section shall include 
     the use of intervention and control groups chosen by random 
     assignment methods, to the extent possible.
       (d) Metrics and Outcomes for Evaluation.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the National Institute of Justice 
     shall consult with relevant stakeholders and identify outcome 
     measures, including employment, housing, education, and 
     public safety, that are to be achieved by programs authorized 
     under the Second Chance Act grant program and the metrics by 
     which the achievement of such outcomes shall be 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.--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;
       (2) not later than 90 days after the date on which any 
     evaluation is completed, publish and make publicly available 
     such evaluation; and
       (3) not later than 60 days after the completion date 
     described in paragraph (2), submit a report to the Committee 
     on the Judiciary of the House of Representatives and the 
     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. 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) 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.''.

     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) 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;
       ``(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) in subsection (c)(1)(A), in the matter preceding clause 
     (i), by inserting after ``Bureau of Prisons,'' the following: 
     ``or upon motion of the defendant after the defendant has 
     fully exhausted all administrative rights to appeal a failure 
     of the Bureau of Prisons to bring a motion on the defendant's 
     behalf or the lapse of 30 days from the receipt of such a 
     request by the warden of the defendant's facility, whichever 
     is earlier,'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Notification Requirements.--
       ``(1) Terminal illness defined.--In this subsection, the 
     term `terminal illness' means a disease or condition with an 
     end-of-life trajectory.
       ``(2) Notification.--The Bureau of Prisons shall, subject 
     to any applicable confidentiality requirements--
       ``(A) in the case of a defendant diagnosed with a 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

[[Page S7685]]

       ``(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);
       ``(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 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'';
       (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. 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, 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 and made available to assist the 
     inmate with costs associated with release from prison,''.
       (d) GAO Report.--Beginning not later than 90 days after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall conduct an audit of Federal Prison 
     Industries that includes the following:
       (1) An evaluation of Federal Prison Industries's 
     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) 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.

[[Page S7686]]

       (C) 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) An examination of the extent to which Federal Prison 
     Industries avoids transactions that are little more than pass 
     through transactions where the work provided by inmates does 
     not create meaningful value or meaningful work opportunities 
     for inmates.
       (E) The extent to which Federal Prison Industries must 
     comply with the same worker protection, workplace safety and 
     similar regulations applicable to, and enforceable against, 
     Federal contractors.
       (F) The wages Federal Prison Industries pays to inmates, 
     taking into account inmate productivity and other factors 
     such as security concerns associated with having a facility 
     in a prison.
       (G) The effect of any additional cost advantages Federal 
     Prison Industries has over private sector providers of goods 
     and services, including--
       (i) the costs absorbed by the Bureau of Prisons such as 
     inmate medical care and infrastructure expenses including 
     real estate and utilities; and
       (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. 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. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN 
                   ABUSE.

       (a) Report on Evidence-based Treatment for Opioid and 
     Heroin Abuse.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Bureau of Prisons 
     shall submit to the Committees on the Judiciary and the 
     Committees on 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) 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.

     SEC. 608. PILOT PROGRAMS.

       (a) In General.--The Bureau of Prisons shall establish each 
     of the following pilot programs for 5 years, in at least 20 
     facilities:
       (1) Mentorship for youth.--A program to pair youth with 
     volunteers from faith-based or community organizations, which 
     may include formerly incarcerated offenders, that have 
     relevant experience or expertise in mentoring, and a 
     willingness to serve as a mentor in such a capacity.
       (2) Service to abandoned, rescued, or otherwise vulnerable 
     animals.--A program to equip prisoners with the skills to 
     provide training and therapy to animals seized by Federal law 
     enforcement under asset forfeiture authority and to 
     organizations that provide shelter and similar services to 
     abandoned, rescued, or otherwise vulnerable animals.
       (b) Reporting Requirement.--Not later than 1 year after the 
     conclusion of the pilot programs, the Attorney General shall 
     report to Congress on the results of the pilot programs under 
     this section. Such report shall include cost savings, numbers 
     of participants, and information about recidivism rates among 
     participants.
       (c) Definition.--In this title, the term ``youth'' means a 
     prisoner (as such term is defined in section 3635 of title 
     18, United States Code, as added by section 101(a) of this 
     Act) who was 21 years of age or younger at the time of the 
     commission or alleged 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. 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.--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.
       (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 S7687]]

       (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.--Beginning not later 
     than 1 year after the date of enactment of this Act, and 
     annually thereafter for a period of 7 years, the Director of 
     the Bureau of Justice Statistics shall submit a report 
     containing the information described in paragraphs (1) 
     through (26) of subsection (a) to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives.

     SEC. 611. HEALTHCARE PRODUCTS.

       (a) Availability.--The Director of the Bureau of Prisons 
     shall make the healthcare products described in subsection 
     (c) available to prisoners for free, in a quantity that is 
     appropriate to the healthcare needs of each prisoner.
       (b) Quality Products.--The Director shall ensure that the 
     healthcare products provided under this section conform with 
     applicable industry standards.
       (c) Products.--The healthcare products described in this 
     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. Juvenile solitary confinement

       ``(a) Definitions.--In this section--
       ``(1) the term `covered juvenile' means--
       ``(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 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, is 
     amended by adding at the end the following:

``5043. Juvenile solitary confinement.''.

                 TITLE VII--FAIRNESS FOR CRIME VICTIMS

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Fairness for Crime Victims 
     Act of 2018''.

     SEC. 702. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY 
                   PROGRAMS AFFECTING THE CRIME VICTIMS FUND.

       (a) Findings.--Congress finds that--
       (1) the Crime Victims Fund was created in 1984, with the 
     support of overwhelming bipartisan majorities in the House of 
     Representatives and the Senate and the support of President 
     Ronald Reagan, who signed the Victims of Crime Act of 1984 
     (Public Law 98-473) into law;
       (2) the Crime Victims Fund was created based on the 
     principle that funds the Federal Government collects from 
     those convicted of crime should be used to aid those who have 
     been victimized by crime;
       (3) the Crime Victims Fund is funded from fines, penalties, 
     and forfeited bonds in Federal court and private donations;
       (4) the Crime Victims Fund receives no taxpayer dollars;
       (5) Federal law provides that funds deposited into the 
     Crime Victims Fund shall be used to provide services to 
     victims of crime in accordance with the Victims of Crime Act 
     of 1984;
       (6) the Victims of Crime Act of 1984 gives priority to 
     victims of child abuse, sexual assault, and domestic 
     violence;
       (7) since fiscal year 2000, Congress has been taking funds 
     collected by the Crime Victims Fund and not disbursing the 
     full amount provided for under the Victims of Crime Act of 
     1984;
       (8) over $10,000,000,000 has been withheld from victims of 
     child abuse, sexual assault, domestic violence, and other 
     crimes;
       (9) from fiscal year 2010 through fiscal year 2014, the 
     Crime Victims Fund collected $12,000,000,000, but Congress 
     disbursed only $3,600,000,000 (or 30 percent) to victims of 
     crime;
       (10) since fiscal year 2015, Congress has increased 
     disbursals from the Crime Victims Fund to victims of crime, 
     but a permanent solution is necessary to ensure consistent 
     disbursals to victims of crime who rely on these funds every 
     year;
       (11) under budget rules, Congress represents that the money 
     it has already spent in prior years is still in the Crime 
     Victims Fund and available for victims of crime;
       (12) it is time to restore fairness to crime victims; and
       (13) funds collected by the Crime Victims Fund should be 
     used for services to crime victims in accordance with the 
     Victims of Crime Act of 1984.
       (b) Amendment.--Title IV of the Congressional Budget Act of 
     1974 (2 U.S.C. 651 et seq.) is amended by adding at the end 
     the following:

   ``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS 
                              LEGISLATION

     ``SEC. 441. POINT OF ORDER AGAINST CHANGES IN MANDATORY 
                   PROGRAMS AFFECTING THE CRIME VICTIMS FUND.

       ``(a) Definitions.--In this section--
       ``(1) the term `CHIMP' means a provision that--
       ``(A) would have been estimated as affecting direct 
     spending or receipts under section 252 of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) (as

[[Page S7688]]

     in effect prior to September 30, 2002) if the provision was 
     included in legislation other than an appropriation Act; and
       ``(B) results in a net decrease in budget authority in the 
     current year or the budget year, but does not result in a net 
     decrease in outlays over the period of the total of the 
     current year, the budget year, and all fiscal years covered 
     under the most recently adopted concurrent resolution on the 
     budget;
       ``(2) the term `Crime Victims Fund' means the Crime Victims 
     Fund established under section 1402 of the Victims of Crime 
     Act of 1984 (34 U.S.C. 20101); and
       ``(3) the term `3-year average amount' means the annual 
     average amount that was deposited into the Crime Victims Fund 
     during the 3-fiscal-year period beginning on October 1 of the 
     fourth fiscal year before the fiscal year to which a CHIMP 
     affecting the Crime Victims Fund applies.
       ``(b) Point of Order in the Senate.--
       ``(1) Point of order.--
       ``(A) In general.--In the Senate, it shall not be in order 
     to consider a provision in a bill or joint resolution making 
     appropriations for all or a portion of a fiscal year, or an 
     amendment thereto, amendment between the Houses in relation 
     thereto, conference report thereon, or motion thereon, that 
     contains a CHIMP that, if enacted, would cause the amount 
     available for obligation during the fiscal year from the 
     Crime Victims Fund to be less than the 3-year average amount.
       ``(B) Point of order sustained.--If a point of order is 
     made by a Senator against a provision described in 
     subparagraph (A), and the point of order is sustained by the 
     Chair, that provision shall be stricken from the measure and 
     may not be offered as an amendment from the floor.
       ``(2) Form of the point of order.--A point of order under 
     paragraph (1) may be raised by a Senator as provided in 
     section 313(e).
       ``(3) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill or joint resolution, upon a point of 
     order being made by any Senator pursuant to paragraph (1), 
     and such point of order being sustained, such material 
     contained in such conference report or House amendment shall 
     be stricken, and the Senate shall proceed to consider the 
     question of whether the Senate shall recede from its 
     amendment and concur with a further amendment, or concur in 
     the House amendment with a further amendment, as the case may 
     be, which further amendment shall consist of only that 
     portion of the conference report or House amendment, as the 
     case may be, not so stricken. Any such motion in the Senate 
     shall be debatable. In any case in which such point of order 
     is sustained against a conference report (or Senate amendment 
     derived from such conference report by operation of this 
     subsection), no further amendment shall be in order.
       ``(4) Supermajority waiver and appeal.--In the Senate, this 
     subsection may be waived or suspended only by an affirmative 
     vote of three-fifths of the Members, duly chose and sworn. An 
     affirmative vote of three-fifths of Members of the Senate, 
     duly chosen and sworn shall be required to sustain an appeal 
     of the ruling of the Chair on a point of order raised under 
     this subsection.
       ``(5) Determination.--For purposes of this subsection, 
     budgetary levels shall be determined on the basis of 
     estimates provided by the Chairman of the Committee on the 
     Budget of the Senate.
       ``(c) Point of Order in the House of Representatives.--
       ``(1) In general.--A provision in a bill or joint 
     resolution making appropriations for a fiscal year that 
     proposes a CHIMP that, if enacted, would cause the amount 
     available for obligation during the fiscal year from the 
     Crime Victims Fund to be less than the 3-year average amount 
     shall not be in order in the House of Representatives.
       ``(2) Amendments and conference reports.--It shall not be 
     in order in the House of Representatives to consider an 
     amendment to, or a conference report on, a bill or joint 
     resolution making appropriations for a fiscal year if such 
     amendment thereto or conference report thereon proposes a 
     CHIMP that, if enacted, would cause the amount available for 
     obligation during the fiscal year from the Crime Victims Fund 
     to be less than the 3-year average amount.
       ``(3) Determination.--For purposes of this subsection, 
     budgetary levels shall be determined on the basis of 
     estimates provided by the Chairman of the Committee on the 
     Budget of the House of Representatives.''.
       (c) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Congressional Budget and 
     Impoundment Control Act of 1974 is amended by inserting after 
     the item relating to section 428 the following:

   ``PART C--Additional Limitations on Budgetary and Appropriations 
                              Legislation

``Sec. 441. Point of order against changes in mandatory programs 
              affecting the Crime Victims Fund.''.

                                 ______
                                 
  SA 4130. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 12, strike line 22 and all that follows 
     through page 24, line 24, and insert the following:
       ``(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.
       ``(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), 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.

[[Page S7689]]

       ``(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 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.
       ``(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) 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 (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) 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.

                                 ______
                                 
  SA 4131. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 12, strike line 22 and all that follows 
     through page 57, line 8, and insert the following:
       ``(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.
       ``(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), 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).

[[Page S7690]]

       ``(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 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.
       ``(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) 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 (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) the offender was an organizer, leader, manager, or 
     supervisor of others in the offense, as determined under the 
     guidelines promulgated by the United States Sentencing 
     Commission.

       ``(E) Deportable prisoners ineligible to apply time 
     credits.--
       ``(i) In general.--A prisoner is ineligible to apply time 
     credits under subparagraph (C) if the prisoner is the subject 
     of a final order of removal under any provision of the 
     immigration laws (as such term is defined in section 
     101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17))).
       ``(ii) Proceedings.--The Attorney General, in 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. 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) Penalties.--The Director of the Bureau of Prisons 
     shall develop guidelines for the reduction of rewards and 
     incentives earned under subsection (d) for prisoners who 
     violate prison rules or evidence-based recidivism reduction 
     program or productive activity rules, which shall provide--
       ``(1) general levels of violations and resulting 
     reductions;
       ``(2) that any reduction that includes the loss of time 
     credits shall require written notice to the prisoner, shall 
     be limited to time credits that a prisoner earned as of the 
     date of the prisoner's rule violation, and shall not

[[Page S7691]]

     include any future time credits that the prisoner may earn; 
     and
       ``(3) for a procedure to restore time credits that a 
     prisoner lost as a result of a rule violation, based on the 
     prisoner's individual progress after the date of the rule 
     violation.
       ``(f) Bureau of Prisons Training.--The Attorney General 
     shall develop and implement training programs for Bureau of 
     Prisons officers and employees responsible for administering 
     the System, which shall include--
       ``(1) initial training to educate officers and 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.--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. Evidence-based recidivism reduction program and 
       recommendations

       ``(a) In General.--Prior to releasing the System, in 
     consultation with the Independent Review Committee authorized 
     by the First Step Act of 2018, the Attorney General shall--
       ``(1) review the effectiveness of evidence-based recidivism 
     reduction programs that exist as of the date of enactment of 
     this subchapter in prisons operated by the Bureau of Prisons;
       ``(2) review available information regarding the 
     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
       ``(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. Report

       ``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) 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) 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 of 
     Prisons, including the feasibility of prisoners manufacturing 
     products purchased by Federal agencies that are manufactured 
     overseas;
       ``(B) an assessment of the feasibility of expanding such 
     programs, consistent with the strategy required under 
     subparagraph (A), with the goal that 5 years after the date 
     of enactment of this subchapter, not less than 75 percent of 
     eligible minimum- and low-risk offenders have the opportunity 
     to participate in a prison work program for not less than 20 
     hours per week; and
       ``(C) a detailed discussion of legal authorities that would 
     be useful or necessary to achieve the goals described in 
     subparagraphs (A) and (B).
       ``(5) An assessment of the Bureau of Prisons' compliance 
     with section 3621(h).
       ``(6) An assessment of progress made toward carrying out 
     the purposes of this subchapter, including any savings 
     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) An assessment of budgetary savings resulting from 
     this subchapter, including--
       ``(A) a summary of the amount of savings resulting from the 
     transfer of prisoners into prerelease custody under this 
     chapter, including savings resulting from the avoidance or 
     deferral of future construction, acquisition, or operations 
     costs;
       ``(B) a summary of the amount of savings resulting from any 
     decrease in recidivism that may be attributed to the 
     implementation of the risk and needs assessment system or the 
     increase in recidivism reduction programs and productive 
     activities required by this subchapter;
       ``(C) a strategy to reinvest the savings described in 
     subparagraphs (A) and (B) in other--
       ``(i) Federal, State, and local law enforcement activities; 
     and
       ``(ii) expansions of recidivism reduction programs and 
     productive activities in the Bureau of Prisons; and
       ``(D) a description of how the reduced expenditures on 
     Federal corrections and the budgetary savings resulting from 
     this subchapter are currently being used and will be used 
     to--
       ``(i) increase investment in law enforcement and crime 
     prevention to combat gangs of national 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
       ``(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. 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--

[[Page S7692]]

       ``(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.
       ``(4) Prisoner.--The term `prisoner' means a person who has 
     been sentenced to a term of imprisonment pursuant to a 
     conviction for a Federal criminal offense, or a person in the 
     custody of the Bureau of Prisons.
       ``(5) Productive activity.--The term `productive activity' 
     means either a group or individual activity that is designed 
     to allow prisoners determined as having a minimum or low risk 
     of recidivating to remain productive and thereby maintain a 
     minimum or low risk of recidivating, and may include the 
     delivery of the programs described in paragraph (1) to other 
     prisoners.
       ``(6) Risk and needs assessment tool.--The term `risk and 
     needs assessment tool' means an objective and statistically 
     validated method through which information is collected and 
     evaluated to determine--
       ``(A) as part of the intake process, the risk that a 
     prisoner will recidivate upon release from prison;
       ``(B) the recidivism reduction programs that will best 
     minimize the risk that the prisoner will recidivate upon 
     release from prison; and
       ``(C) the periodic reassessment of risk that a prisoner 
     will recidivate upon release from prison, based on factors 
     including indicators of progress and of regression, that are 
     dynamic and that can reasonably be expected to change while 
     in prison.''.
       (b) Clerical Amendment.--The table of subchapters for 
     chapter 229 of title 18, United States Code, is amended by 
     adding at the end the following:

``D.  Risk and Needs Assessment.............................3631''.....

     SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY 
                   BUREAU OF PRISONS.

       (a) Implementation of System Generally.--Section 3621 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(h) Implementation of Risk and Needs Assessment System.--
       ``(1) In general.--Not later than 180 days after the 
     Attorney General completes and releases the risk and needs 
     assessment system (referred to in this subsection as the 
     `System') developed under subchapter D, the Director of the 
     Bureau of Prisons shall, in accordance with that subchapter--
       ``(A) implement and complete the initial intake risk and 
     needs assessment for each prisoner (including for each 
     prisoner who was a prisoner prior to the effective date of 
     this subsection), regardless of the prisoner's length of 
     imposed term of imprisonment, and begin to assign 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 
     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) 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.--
     Beginning on the date of enactment of this subsection, the 
     Bureau of Prisons may begin to expand any evidence-based 
     recidivism reduction programs and productive activities that 
     exist at a prison as of such date, and may offer to prisoners 
     who successfully participate in such programs and activities 
     the incentives and rewards described in subchapter D.
       ``(5) Recidivism reduction partnerships.--In order to 
     expand evidence-based recidivism reduction programs and 
     productive activities, the Attorney General shall develop 
     policies for the warden of each prison of the Bureau of 
     Prisons to enter into partnerships, subject to the 
     availability of 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 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.--This subsection applies in the 
     case of a prisoner (as such term is defined in section 3635) 
     who--
       ``(A) has earned time credits under the risk and needs 
     assessment system developed under subchapter D (referred to 
     in this subsection as the `System') in an amount that is 
     equal to the remainder of the prisoner's imposed term of 
     imprisonment;
       ``(B) has shown through the periodic risk reassessments a 
     demonstrated recidivism risk reduction or has maintained a 
     minimum or low recidivism risk, during the prisoner's term of 
     imprisonment;
       ``(C) has had the remainder of the prisoner's imposed term 
     of imprisonment computed under applicable law; and
       ``(D)(i) in the case of a prisoner being placed in 
     prerelease custody, the prisoner--
       ``(I) has been determined under the System to be a minimum 
     or low risk to recidivate pursuant to the last 2 
     reassessments of the prisoner; or
       ``(II) has had a petition to be transferred to prerelease 
     custody or supervised release approved by the warden of the 
     prison, after the warden's 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
       ``(cc) the prisoner is unlikely to recidivate; or

       ``(ii) in the case of a prisoner being placed in supervised 
     release, the prisoner has been determined under the System to 
     be a minimum or low risk to recidivate pursuant to the last 
     reassessment of the prisoner.
       ``(2) Types of prerelease custody.--A prisoner shall be 
     placed in prerelease custody as follows:
       ``(A) Home confinement.--
       ``(i) In general.--A prisoner placed in prerelease custody 
     pursuant to this subsection who is placed in home confinement 
     shall--

       ``(I) be subject to 24-hour electronic monitoring that 
     enables the prompt identification of the 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--

[[Page S7693]]

       ``(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.
       ``(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.--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.
       ``(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) Mentoring, reentry, and spiritual services.--Any 
     prerelease custody into which a prisoner is placed under this 
     subsection may not include a condition prohibiting the 
     prisoner from receiving mentoring, reentry, or spiritual 
     services from a person who provided such services to the 
     prisoner while the prisoner was incarcerated, except that the 
     warden of the facility at which the prisoner was incarcerated 
     may waive the requirement under this paragraph if the warden 
     finds that the provision of such services would pose a 
     significant security risk to the prisoner, persons who 
     provide such services, or any other person. The warden shall 
     provide written notice of any such waiver to the person 
     providing such services and to the prisoner.
       ``(10) Time limits inapplicable.--The time limits under 
     subsections (b) and (c) shall not apply to prerelease custody 
     under this subsection.
       ``(11) Prerelease custody capacity.--The Director of the 
     Bureau of Prisons shall ensure there is sufficient prerelease 
     custody capacity to accommodate all eligible prisoners.''.
       (2) Effective date.--The amendments made by this 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.--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. 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.
       (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. RULE OF CONSTRUCTION.

       Nothing in this Act, or the amendments made by this Act, 
     may be construed to provide authority to place a prisoner in 
     prerelease custody or supervised release who is serving a 
     term of imprisonment pursuant to a conviction for an offense 
     under the laws of one of the 50 States, or of a territory or 
     possession of the United States or to amend or affect the 
     enforcement of the immigration laws, as defined in section 
     101 of the Immigration and Nationality Act (8 U.S.C. 1101).

     SEC. 106. FAITH-BASED CONSIDERATIONS.

       (a) In General.--In considering any program, treatment, 
     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 S7694]]

     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
                                 ______
                                 
   SA 4132. Mr. CRUZ submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike all after the first word and insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``First Step 
     Act of 2018''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                     TITLE I--RECIDIVISM REDUCTION

Sec. 101. Risk and needs assessment system.
Sec. 102. Implementation of system and recommendations by Bureau of 
              Prisons.
Sec. 103. GAO report.
Sec. 104. Authorization of appropriations.
Sec. 105. Rule of construction.
Sec. 106. Faith-based considerations.
Sec. 107. Independent Review Committee.

          TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

Sec. 201. Short title.
Sec. 202. Secure firearms storage.

         TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

Sec. 301. Use of restraints on prisoners during the period of pregnancy 
              and postpartum recovery prohibited.

                      TITLE IV--SENTENCING REFORM

Sec. 401. Reduce and restrict enhanced sentencing for prior drug 
              felonies.
Sec. 402. Broadening of existing safety valve.
Sec. 403. Clarification of section 924(c) of title 18, United States 
              Code.
Sec. 404. Application of Fair Sentencing Act.

           TITLE V--SECOND CHANCE ACT OF 2007 REAUTHORIZATION

Sec. 501. Short title.
Sec. 502. Improvements to existing programs.
Sec. 503. Audit and accountability of grantees.
Sec. 504. Federal reentry improvements.
Sec. 505. Federal interagency reentry coordination.
Sec. 506. Conference expenditures.
Sec. 507. Evaluation of the Second Chance Act program.
Sec. 508. GAO review.

                TITLE VI--MISCELLANEOUS CRIMINAL JUSTICE

Sec. 601. Placement of prisoners close to families.
Sec. 602. Home confinement for low-risk prisoners.
Sec. 603. Federal prisoner reentry initiative reauthorization; 
              modification of imposed term of imprisonment.
Sec. 604. Identification for returning citizens.
Sec. 605. Expanding inmate employment through Federal Prison 
              Industries.
Sec. 606. De-escalation training.
Sec. 607. Evidence-Based treatment for opioid and heroin abuse.
Sec. 608. Pilot programs.
Sec. 609. Ensuring supervision of released sexually dangerous persons.
Sec. 610. Data collection.
Sec. 611. Healthcare products.
Sec. 612. Adult and juvenile collaboration programs.
Sec. 613. Juvenile solitary confinement.

                     TITLE I--RECIDIVISM REDUCTION

     SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.

       (a) In General.--Chapter 229 of title 18, United States 
     Code, is amended by inserting after subchapter C the 
     following:

            ``SUBCHAPTER D--RISK AND NEEDS ASSESSMENT SYSTEM

``Sec.
``3631. Duties of the Attorney General.
``3632. Development of risk and needs assessment system.
``3633. Evidence-based recidivism reduction program and 
              recommendations.
``3634. Report.
``3635. Definitions.

     ``Sec. 3631. Duties of the Attorney General

       ``(a) In General.--The Attorney General shall carry out 
     this subchapter in consultation with--
       ``(1) the Director of the Bureau of Prisons;
       ``(2) the Director of the Administrative Office of the 
     United States Courts;
       ``(3) the Director of the Office of Probation and Pretrial 
     Services;
       ``(4) the Director of the National Institute of Justice;
       ``(5) the Director of the National Institute of 
     Corrections; and
       ``(6) the Independent Review Committee authorized by the 
     First Step Act of 2018.
       ``(b) Duties.--The Attorney General shall--
       ``(1) conduct a review of the existing prisoner risk and 
     needs assessment systems in operation on the date of 
     enactment of this subchapter;
       ``(2) develop recommendations regarding evidence-based 
     recidivism reduction programs and productive activities in 
     accordance with section 3633;
       ``(3) conduct ongoing research and data analysis on--
       ``(A) evidence-based recidivism reduction programs relating 
     to the use of prisoner risk and needs assessment tools;
       ``(B) the most effective and efficient uses of such 
     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 reducing job 
     opportunities for other workers in the United States;
       ``(4) 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) an evaluation to ensure that the risk and needs 
     assessment system bases the assessment of each prisoner's 
     risk of recidivism on indicators of progress and of 
     regression that are dynamic and that can reasonably be 
     expected to change while in prison;
       ``(D) statistical validation of any tools that the risk and 
     needs assessment system uses; and
       ``(E) an evaluation of the rates of recidivism among 
     similarly classified prisoners to identify any unwarranted 
     disparities, including disparities among similarly classified 
     prisoners of different demographic groups, in such rates;
       ``(5) make any revisions or updates to the risk and needs 
     assessment system that the Attorney General determines 
     appropriate pursuant to the review under paragraph (4), 
     including updates to ensure that any disparities identified 
     in paragraph (4)(E) are reduced to the greatest extent 
     possible; and
       ``(6) report to Congress in accordance with section 3634.

     ``Sec. 3632. Development of risk and needs assessment system

       ``(a) In General.--Not later than 210 days after the date 
     of enactment of this subchapter, the Attorney General, in 
     consultation with the Independent Review Committee authorized 
     by the First Step Act of 2018, shall develop and release 
     publicly on the 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;
       ``(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.--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.

[[Page S7695]]

       ``(c) Housing and Assignment Decisions.--The System shall 
     provide guidance on program grouping and housing assignment 
     determinations and, after accounting for the safety of each 
     prisoner and other individuals at the prison, provide that 
     prisoners with a similar risk level be grouped together in 
     housing and assignment decisions to the extent practicable.
       ``(d) Evidence-Based Recidivism Reduction Program 
     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) the recommendation from the warden of the prison at 
     which the prisoner is incarcerated at the time of making the 
     request.
       ``(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) 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. 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.
       ``(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), 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 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

[[Page S7696]]

     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.
       ``(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) 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 (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) the offender was an organizer, leader, manager, or 
     supervisor of others in the offense, as determined under the 
     guidelines promulgated by the United States Sentencing 
     Commission.

       ``(E) Deportable prisoners ineligible to apply time 
     credits.--
       ``(i) In general.--A prisoner is ineligible to apply time 
     credits under subparagraph (C) if the prisoner is the subject 
     of a final order of removal under any provision of the 
     immigration laws (as such term is defined in section 
     101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17))).
       ``(ii) Proceedings.--The Attorney General, in 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. 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) Penalties.--The Director of the Bureau of Prisons 
     shall develop guidelines for the reduction of rewards and 
     incentives earned under subsection (d) for prisoners who 
     violate prison rules or evidence-based recidivism reduction 
     program or productive activity rules, which shall provide--
       ``(1) general levels of violations and resulting 
     reductions;
       ``(2) that any reduction that includes the loss of time 
     credits shall require written notice to the prisoner, shall 
     be limited to time credits that a prisoner earned as of the 
     date of the prisoner's rule violation, and shall not include 
     any future time credits that the prisoner may earn; and
       ``(3) for a procedure to restore time credits that a 
     prisoner lost as a result of a rule violation, based on the 
     prisoner's individual progress after the date of the rule 
     violation.
       ``(f) Bureau of Prisons Training.--The Attorney General 
     shall develop and implement training programs for Bureau of 
     Prisons officers and employees responsible for administering 
     the System, which shall include--
       ``(1) initial training to educate officers and employees on 
     how to use the System in an appropriate and consistent 
     manner, as well as the reasons for using the System;
       ``(2) continuing education;
       ``(3) periodic training updates; and
       ``(4) a requirement that such officers and employees 
     demonstrate competence in administering the System, including 
     interrater reliability, on a biannual basis.
       ``(g) Quality Assurance.--In order to ensure that the 
     Bureau of Prisons is using the System in an appropriate and 
     consistent manner, the Attorney General shall monitor and 
     assess the use of the System, which shall include conducting 
     annual audits of the Bureau of Prisons regarding the use of 
     the System.
       ``(h) Dyslexia Screening.--
       ``(1) Screening.--The Attorney General shall incorporate a 
     dyslexia screening program into the System, including by 
     screening for dyslexia during--
       ``(A) the intake process; and
       ``(B) each periodic risk reassessment of a prisoner.
       ``(2) Treatment.--The Attorney General shall incorporate 
     programs designed to treat dyslexia into the evidence-based 
     recidivism reduction programs or productive activities 
     required to be implemented under this section. The Attorney 
     General may also incorporate programs designed to treat other 
     learning disabilities.

     ``Sec. 3633. Evidence-based recidivism reduction program and 
       recommendations

       ``(a) In General.--Prior to releasing the System, in 
     consultation with the Independent Review Committee authorized 
     by the First Step Act of 2018, the Attorney General shall--
       ``(1) review the effectiveness of evidence-based recidivism 
     reduction programs that exist as of the date of enactment of 
     this subchapter in prisons operated by the Bureau of Prisons;
       ``(2) review available information regarding the 
     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

[[Page S7697]]

     evidence-based programs outside of the religious classes and 
     services provided through the Chaplaincy; and
       ``(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. Report

       ``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) 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) 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 of 
     Prisons, including the feasibility of prisoners manufacturing 
     products purchased by Federal agencies that are manufactured 
     overseas;
       ``(B) an assessment of the feasibility of expanding such 
     programs, consistent with the strategy required under 
     subparagraph (A), with the goal that 5 years after the date 
     of enactment of this subchapter, not less than 75 percent of 
     eligible minimum- and low-risk offenders have the opportunity 
     to participate in a prison work program for not less than 20 
     hours per week; and
       ``(C) a detailed discussion of legal authorities that would 
     be useful or necessary to achieve the goals described in 
     subparagraphs (A) and (B).
       ``(5) An assessment of the Bureau of Prisons' compliance 
     with section 3621(h).
       ``(6) An assessment of progress made toward carrying out 
     the purposes of this subchapter, including any savings 
     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) An assessment of budgetary savings resulting from 
     this subchapter, including--
       ``(A) a summary of the amount of savings resulting from the 
     transfer of prisoners into prerelease custody under this 
     chapter, including savings resulting from the avoidance or 
     deferral of future construction, acquisition, or operations 
     costs;
       ``(B) a summary of the amount of savings resulting from any 
     decrease in recidivism that may be attributed to the 
     implementation of the risk and needs assessment system or the 
     increase in recidivism reduction programs and productive 
     activities required by this subchapter;
       ``(C) a strategy to reinvest the savings described in 
     subparagraphs (A) and (B) in other--
       ``(i) Federal, State, and local law enforcement activities; 
     and
       ``(ii) expansions of recidivism reduction programs and 
     productive activities in the Bureau of Prisons; and
       ``(D) a description of how the reduced expenditures on 
     Federal corrections and the budgetary savings resulting from 
     this subchapter are currently being used and will be used 
     to--
       ``(i) increase investment in law enforcement and crime 
     prevention to combat gangs of national 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
       ``(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. 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.
       ``(4) Prisoner.--The term `prisoner' means a person who has 
     been sentenced to a term of imprisonment pursuant to a 
     conviction for a Federal criminal offense, or a person in the 
     custody of the Bureau of Prisons.
       ``(5) Productive activity.--The term `productive activity' 
     means either a group or individual activity that is designed 
     to allow prisoners determined as having a minimum or low risk 
     of recidivating to remain productive and thereby maintain a 
     minimum or low risk of recidivating, and may include the 
     delivery of the programs described in paragraph (1) to other 
     prisoners.
       ``(6) Risk and needs assessment tool.--The term `risk and 
     needs assessment tool' means an objective and statistically 
     validated method through which information is collected and 
     evaluated to determine--
       ``(A) as part of the intake process, the risk that a 
     prisoner will recidivate upon release from prison;
       ``(B) the recidivism reduction programs that will best 
     minimize the risk that the prisoner will recidivate upon 
     release from prison; and
       ``(C) the periodic reassessment of risk that a prisoner 
     will recidivate upon release from prison, based on factors 
     including indicators of progress and of regression, that are 
     dynamic and that can reasonably be expected to change while 
     in prison.''.
       (b) Clerical Amendment.--The table of subchapters for 
     chapter 229 of title 18, United States Code, is amended by 
     adding at the end the following:

``D.  Risk and Needs Assessment.............................3631''.....

     SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY 
                   BUREAU OF PRISONS.

       (a) Implementation of System Generally.--Section 3621 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(h) Implementation of Risk and Needs Assessment System.--
       ``(1) In general.--Not later than 180 days after the 
     Attorney General completes and releases the risk and needs 
     assessment system (referred to in this subsection as the 
     `System') developed under subchapter D, the Director of the 
     Bureau of Prisons shall, in accordance with that subchapter--

[[Page S7698]]

       ``(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 
     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) 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.--
     Beginning on the date of enactment of this subsection, the 
     Bureau of Prisons may begin to expand any evidence-based 
     recidivism reduction programs and productive activities that 
     exist at a prison as of such date, and may offer to prisoners 
     who successfully participate in such programs and activities 
     the incentives and rewards described in subchapter D.
       ``(5) Recidivism reduction partnerships.--In order to 
     expand evidence-based recidivism reduction programs and 
     productive activities, the Attorney General shall develop 
     policies for the warden of each prison of the Bureau of 
     Prisons to enter into partnerships, subject to the 
     availability of 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 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.--This subsection applies in the 
     case of a prisoner (as such term is defined in section 3635) 
     who--
       ``(A) has earned time credits under the risk and needs 
     assessment system developed under subchapter D (referred to 
     in this subsection as the `System') in an amount that is 
     equal to the remainder of the prisoner's imposed term of 
     imprisonment;
       ``(B) has shown through the periodic risk reassessments a 
     demonstrated recidivism risk reduction or has maintained a 
     minimum or low recidivism risk, during the prisoner's term of 
     imprisonment;
       ``(C) has had the remainder of the prisoner's imposed term 
     of imprisonment computed under applicable law; and
       ``(D)(i) in the case of a prisoner being placed in 
     prerelease custody, the prisoner--
       ``(I) has been determined under the System to be a minimum 
     or low risk to recidivate pursuant to the last 2 
     reassessments of the prisoner; or
       ``(II) has had a petition to be transferred to prerelease 
     custody or supervised release approved by the warden of the 
     prison, after the warden's 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
       ``(cc) the prisoner is unlikely to recidivate; or

       ``(ii) in the case of a prisoner being placed in supervised 
     release, the prisoner has been determined under the System to 
     be a minimum or low risk to recidivate pursuant to the last 
     reassessment of the prisoner.
       ``(2) Types of prerelease custody.--A prisoner shall be 
     placed in prerelease custody as follows:
       ``(A) Home confinement.--
       ``(i) In general.--A prisoner placed in prerelease custody 
     pursuant to this subsection who is placed in home confinement 
     shall--

       ``(I) be subject to 24-hour electronic monitoring that 
     enables the prompt identification of the 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.
       ``(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

[[Page S7699]]

     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.--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.
       ``(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) Mentoring, reentry, and spiritual services.--Any 
     prerelease custody into which a prisoner is placed under this 
     subsection may not include a condition prohibiting the 
     prisoner from receiving mentoring, reentry, or spiritual 
     services from a person who provided such services to the 
     prisoner while the prisoner was incarcerated, except that the 
     warden of the facility at which the prisoner was incarcerated 
     may waive the requirement under this paragraph if the warden 
     finds that the provision of such services would pose a 
     significant security risk to the prisoner, persons who 
     provide such services, or any other person. The warden shall 
     provide written notice of any such waiver to the person 
     providing such services and to the prisoner.
       ``(10) Time limits inapplicable.--The time limits under 
     subsections (b) and (c) shall not apply to prerelease custody 
     under this subsection.
       ``(11) Prerelease custody capacity.--The Director of the 
     Bureau of Prisons shall ensure there is sufficient prerelease 
     custody capacity to accommodate all eligible prisoners.''.
       (2) Effective date.--The amendments made by this 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.--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. 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.
       (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. RULE OF CONSTRUCTION.

       Nothing in this Act, or the amendments made by this Act, 
     may be construed to provide authority to place a prisoner in 
     prerelease custody or supervised release who is serving a 
     term of imprisonment pursuant to a conviction for an offense 
     under the laws of one of the 50 States, or of a territory or 
     possession of the United States or to amend or affect the 
     enforcement of the immigration laws, as defined in section 
     101 of the Immigration and Nationality Act (8 U.S.C. 1101).

     SEC. 106. FAITH-BASED CONSIDERATIONS.

       (a) In General.--In considering any program, treatment, 
     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 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. INDEPENDENT REVIEW COMMITTEE.

       (a) In General.--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. 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) developing recommendations regarding evidence-based 
     recidivism reduction programs and productive activities;
       (3) conducting research and data analysis on--
       (A) evidence-based recidivism reduction programs relating 
     to the use of prisoner risk and needs assessment tools;

[[Page S7700]]

       (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 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 1 year after the date of 
     enactment of this Act and annually for each year until the 
     Independent Review Committee terminates under this section, 
     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 public report that includes--
       (1) a list of all offenses of conviction for which 
     prisoners were ineligible to receive time credits under 
     section 3632(d)(4)(D) of title 18, United States Code, as 
     added by 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) 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 5 years after the date on which 
     the risk and needs assessment system authorized by sections 
     3632 and 3633 of title 18, United States Code, as added by 
     section 101(a) of this Act, is released.

          TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Lieutenant Osvaldo 
     Albarati Correctional Officer Self-Protection Act of 2018''.

     SEC. 202. SECURE FIREARMS STORAGE.

       (a) In General.--Chapter 303 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 4050. Secure firearms storage

       ``(a) Definitions.--In this section--
       ``(1) the term `employee' means a qualified law enforcement 
     officer employed by the Bureau of Prisons; and
       ``(2) the terms `firearm' and `qualified law enforcement 
     officer' have the meanings given those terms under section 
     926B.
       ``(b) Secure Firearms Storage.--The Director of the Bureau 
     of Prisons shall ensure that each chief executive officer of 
     a Federal penal or correctional institution--
       ``(1)(A) provides a secure storage area located outside of 
     the secure perimeter of the institution for employees to 
     store firearms; or
       ``(B) allows employees to store firearms in a vehicle 
     lockbox approved by the Director of the Bureau of Prisons; 
     and
       ``(2) notwithstanding any other provision of law, allows 
     employees to carry concealed firearms on the premises outside 
     of the secure perimeter of the institution.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 303 of title 18, United States Code, is 
     amended by adding at the end the following:

``4050. Secure firearms storage.''.

         TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

     SEC. 301. USE OF RESTRAINTS ON PRISONERS DURING THE PERIOD OF 
                   PREGNANCY AND POSTPARTUM RECOVERY PROHIBITED.

       (a) In General.--Chapter 317 of title 18, United States 
     Code, is amended by inserting after section 4321 the 
     following:

     ``Sec. 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.--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.
       ``(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.--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.
       ``(d) Notice.--Not later than 48 hours after the 
     confirmation of a prisoner's pregnancy by a healthcare 
     professional, that prisoner shall be notified by an 
     appropriate healthcare professional, corrections official, or 
     United States marshal, as applicable, of the restrictions on 
     the use of restraints under this section.
       ``(e) Violation Reporting Process.--The Director of the 
     Bureau of Prisons, in consultation with the Director of the 
     United States Marshals Service, shall establish a process 
     through which a prisoner may report a violation of this 
     section.
       ``(f) Training.--
       ``(1) In general.--The Director of the Bureau of Prisons 
     and the Director of the United States Marshals Service shall 
     each develop training guidelines regarding the use of 
     restraints on female prisoners during the period of 
     pregnancy, labor, and postpartum recovery, and shall 
     incorporate such guidelines into appropriate training 
     programs. Such training guidelines shall include--
       ``(A) how to identify certain symptoms of pregnancy that 
     require immediate referral to a healthcare 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.--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:

[[Page S7701]]

       ``(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.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     317 of title 18, United States Code, is amended by adding 
     after the item relating to section 4321 the following:

``4322. Use of restraints on prisoners during the period of pregnancy, 
              labor, and postpartum recovery prohibited.''.

                      TITLE IV--SENTENCING REFORM

     SEC. 401. REDUCE AND RESTRICT ENHANCED SENTENCING FOR PRIOR 
                   DRUG FELONIES.

       (a) Controlled Substances Act Amendments.--The Controlled 
     Substances Act (21 U.S.C. 801 et seq.) is amended--
       (1) in section 102 (21 U.S.C. 802), by adding at the end 
     the following:
       ``(57) The term `serious drug felony' means an offense 
     described in section 924(e)(2) of title 18, United States 
     Code, for which--
       ``(A) the offender served a term of imprisonment of more 
     than 12 months; and
       ``(B) the offender's release from any term of 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 
     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.--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.--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 inserting ``violation of this subsection 
     that occurs after a prior conviction under this subsection 
     has become final''.
       (b) Applicability to Pending Cases.--This section, and the 
     amendments made by this section, shall apply to any offense 
     that was committed before the date of enactment of this Act, 
     if a sentence for the offense has not been imposed as of such 
     date of enactment.

     SEC. 404. APPLICATION OF FAIR SENTENCING ACT.

       (a) Definition of Covered Offense.--In this section, the 
     term ``covered offense'' means a violation of a Federal 
     criminal statute, the statutory penalties for which were 
     modified by section 2 or 3 of the Fair Sentencing Act of 2010 
     (Public Law 111-220; 124 Stat. 2372), that was committed 
     before August 3, 2010.
       (b) Defendants Previously Sentenced.--A court that imposed 
     a sentence for a covered offense may, on motion of the 
     defendant, the Director of the Bureau of Prisons, the 
     attorney for the Government, or the court, impose a reduced 
     sentence as if sections 2 and 3 of the Fair Sentencing Act of 
     2010 (Public Law 111-220; 124 Stat. 2372) were in effect at 
     the time the covered offense was committed.
       (c) Limitations.--No court shall entertain a motion made 
     under this section to reduce a sentence if the sentence was 
     previously imposed or previously reduced in accordance with 
     the amendments made by sections 2 and 3 of the Fair 
     Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) 
     or if a previous motion made under this section to reduce the 
     sentence was, after the date of enactment of this Act, denied 
     after a complete review of the motion on the merits. Nothing 
     in this section shall be construed to require a court to 
     reduce any sentence pursuant to this section.

           TITLE V--SECOND CHANCE ACT OF 2007 REAUTHORIZATION

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Second Chance 
     Reauthorization Act of 2018''.

     SEC. 502. IMPROVEMENTS TO EXISTING PROGRAMS.

       (a) Reauthorization of Adult and Juvenile Offender State 
     and Local Demonstration Projects.--Section 2976 of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10631) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Grant Authorization.--The Attorney General shall make 
     grants to States, local governments, territories, or Indian 
     tribes, or any combination thereof (in this section referred 
     to as an `eligible entity'), in partnership with interested 
     persons (including Federal corrections and supervision 
     agencies), service providers, and 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
       (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.--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

[[Page S7702]]

     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 
     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) 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) 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) consultation with crime victims and offenders who 
     are released from prisons, jails, and juvenile facilities;
       ``(iii) coordination with families of offenders;
       ``(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) 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) 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) 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)--
       (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.--As a condition of receiving financial 
     assistance under subsection (f), each application shall 
     develop a comprehensive reentry strategic plan that--
       ``(A) contains a plan to assess inmate reentry needs and 
     measurable annual and 3-year performance outcomes;
       ``(B) uses, to the maximum extent possible, randomly 
     assigned and controlled studies, or rigorous quasi-
     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.--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;
       ``(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.'';

[[Page S7703]]

       (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;
       ``(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) and inserting the 
     following:
       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part $10,000,000 for each of fiscal years 
     2019 through 2023.''.
       (c) Grant Program To Evaluate and Improve Educational 
     Methods at Prisons, Jails, and Juvenile Facilities.--Title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended--
       (1) by striking the second part designated as part JJ, as 
     added by the Second Chance Act of 2007 (Public Law 110-199; 
     122 Stat. 677), relating to grants to evaluate and improve 
     educational methods at prisons, jails, and juvenile 
     facilities;
       (2) by adding at the end the following:

``PART NN--GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT 
                PRISONS, JAILS, AND JUVENILE FACILITIES

     ``SEC. 3041. GRANT PROGRAM TO EVALUATE AND IMPROVE 
                   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--
       ``(1) evaluate methods to improve academic and vocational 
     education for offenders in prisons, jails, and juvenile 
     facilities;
       ``(2) identify, and make recommendations to the Attorney 
     General regarding, best practices relating to academic and 
     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.--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) Report.--Not later than 90 days after the last day of 
     the final fiscal year of a grant under this part, each entity 
     described in subsection (a) receiving such a grant shall 
     submit to the Attorney General a detailed report of the 
     progress made by the entity using such grant, to permit the 
     Attorney General to evaluate and improve academic and 
     vocational education methods carried out with grants under 
     this part.''; and
       (3) in section 1001(a) of part J of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10261(a)), by adding at the end the following:
       ``(28) There are authorized to be appropriated to carry out 
     section 3031(a)(4) of part NN $5,000,000 for each of fiscal 
     years 2019, 2020, 2021, 2022, and 2023.''.
       (d) Careers Training Demonstration Grants.--Section 115 of 
     the Second Chance Act of 2007 (34 U.S.C. 60511) is amended--
       (1) in the heading, by striking ``technology careers'' and 
     inserting ``careers'';
       (2) in subsection (a)--
       (A) by striking ``and Indian'' and inserting ``nonprofit 
     organizations, and Indian''; and
       (B) by striking ``technology career training to prisoners'' 
     and inserting ``career training, including subsidized 
     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);
       (5) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (6) by inserting after subsection (b) the following:
       ``(c) Priority Consideration.--Priority consideration shall 
     be given to any application under this section that--
       ``(1) provides assessment of local demand for employees in 
     the geographic areas to which offenders are likely to return;
       ``(2) conducts individualized reentry career planning upon 
     the start of incarceration or post-release employment 
     planning for each offender served under the grant;
       ``(3) demonstrates connections to employers within the 
     local community; or
       ``(4) tracks and monitors employment outcomes.''; and
       (7) by adding at the end the following:
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for each of fiscal years 2019, 2020, 2021, 2022, 
     and 2023.''.
       (e) Offender Reentry Substance Abuse and Criminal 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) 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

[[Page S7704]]

     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.--
       (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 Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10631)'' after ``and 212''.

     SEC. 503. AUDIT AND ACCOUNTABILITY OF GRANTEES.

       (a) Definitions.--In this section--
       (1) the term ``covered grant program'' means grants awarded 
     under section 115, 201, or 211 of the Second Chance Act of 
     2007 (34 U.S.C. 60511, 60521, and 60531), as amended by this 
     title;
       (2) the term ``covered grantee'' means a recipient of a 
     grant from a covered grant program;
       (3) the term ``nonprofit'', when used with respect to an 
     organization, means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986, and 
     is exempt from taxation under section 501(a) of such Code; 
     and
       (4) the term ``unresolved audit finding'' means an audit 
     report finding in a final audit report of the Inspector 
     General of the Department of Justice that a covered grantee 
     has used grant funds awarded to that grantee under a covered 
     grant program for an unauthorized expenditure or otherwise 
     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.--Beginning in fiscal year 2019, and 
     annually thereafter, the Inspector General of the Department 
     of Justice shall conduct audits of covered grantees to 
     prevent waste, fraud, and abuse of funds awarded under 
     covered grant programs. The Inspector General shall determine 
     the appropriate number of covered grantees to be audited each 
     year.
       (c) Mandatory Exclusion.--A grantee that is found to have 
     an unresolved audit finding under an audit conducted under 
     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) 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) 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.
       (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.--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) prohibit the covered grantee from receiving a grant 
     under the covered grant program from which it received a 
     grant award during at least the 5-year period beginning on 
     the date of such violation.

     SEC. 504. FEDERAL REENTRY IMPROVEMENTS.

       (a) Responsible Reintegration of Offenders.--Section 212 of 
     the Second Chance Act of 2007 (34 U.S.C. 60532) is repealed.
       (b) Federal Prisoner Reentry Initiative.--Section 231 of 
     the Second Chance Act of 2007 (434 U.S.C. 60541) is amended--
       (1) in subsection (g)--
       (A) in paragraph (3), by striking ``carried out during 
     fiscal years 2009 and 2010'' and inserting ``carried out 
     during fiscal years 2019 through 2023''; and
       (B) in paragraph (5)(A)(ii), by striking ``the greater of 
     10 years or'';
       (2) by striking subsection (h);
       (3) by redesignating subsection (i) as subsection (h); and
       (4) in subsection (h), as so redesignated, by striking 
     ``2009 and 2010'' and inserting ``2019 through 2023''.
       (c) Enhancing Reporting Requirements Pertaining to 
     Community Corrections.--Section 3624(c) of title 18, United 
     States Code, is amended--
       (1) in paragraph (5), in the second sentence, by inserting 
     ``, and number of prisoners not being placed in community 
     corrections facilities for each reason set forth'' before ``, 
     and any other information''; and
       (2) in paragraph (6), by striking ``the Second Chance Act 
     of 2007'' and inserting ``the Second Chance Reauthorization 
     Act of 2018''.
       (d) Termination of Study on Effectiveness of Depot 
     Naltrexone for Heroin Addiction.--Section 244 of the Second 
     Chance Act of 2007 (34 U.S.C. 60554) is repealed.
       (e) Authorization of Appropriations for Research.--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
       (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-

[[Page S7705]]

     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.--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.--The amendments made by paragraph (1) 
     shall take effect 180 days after the date of enactment of 
     this Act.
       (g) Repeals.--
       (1) Section 2978 of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10633) is repealed.
       (2) Part CC of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10581 et seq.) is 
     repealed.

     SEC. 505. FEDERAL INTERAGENCY REENTRY COORDINATION.

       (a) Reentry Coordination.--The Attorney General, in 
     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 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.--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. EVALUATION OF THE SECOND CHANCE ACT PROGRAM.

       (a) Evaluation of the Second Chance Act Grant Program.--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.
       (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.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the National Institute of Justice 
     shall consult with relevant stakeholders and identify outcome 
     measures, including employment, housing, education, and 
     public safety, that are to be achieved by programs authorized 
     under the Second Chance Act grant program and the metrics by 
     which the achievement of such outcomes shall be 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.--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;
       (2) not later than 90 days after the date on which any 
     evaluation is completed, publish and make publicly available 
     such evaluation; and
       (3) not later than 60 days after the completion date 
     described in paragraph (2), submit a report to the Committee 
     on the Judiciary of the House of Representatives and the 
     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. 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) 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

[[Page S7706]]

     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.''.

     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) 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;
       ``(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) in subsection (c)(1)(A), in the matter preceding clause 
     (i), by inserting after ``Bureau of Prisons,'' the following: 
     ``or upon motion of the defendant after the defendant has 
     fully exhausted all administrative rights to appeal a failure 
     of the Bureau of Prisons to bring a motion on the defendant's 
     behalf or the lapse of 30 days from the receipt of such a 
     request by the warden of the defendant's facility, whichever 
     is earlier,'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Notification Requirements.--
       ``(1) Terminal illness defined.--In this subsection, the 
     term `terminal illness' means a disease or condition with an 
     end-of-life trajectory.
       ``(2) Notification.--The Bureau of Prisons shall, subject 
     to any applicable confidentiality requirements--
       ``(A) in the case of a defendant diagnosed with a 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);
       ``(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 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

[[Page S7707]]

     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'';
       (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. 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, 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 and made available to assist the 
     inmate with costs associated with release from prison,''.
       (d) GAO Report.--Beginning not later than 90 days after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall conduct an audit of Federal Prison 
     Industries that includes the following:
       (1) An evaluation of Federal Prison Industries's 
     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) Federal Prison Industries's ability to determine that 
     the price to be paid by Federal Agencies is fair and 
     reasonable, rather than such a determination being made by 
     the buying agency.
       (C) An examination of the extent to which Federal Prison 
     Industries is bound by the requirements of the generally 
     applicable Federal Acquisition Regulation 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) An examination of the extent to which Federal Prison 
     Industries avoids transactions that are little more than pass 
     through transactions where the work provided by inmates does 
     not create meaningful value or meaningful work opportunities 
     for inmates.
       (E) The extent to which Federal Prison Industries must 
     comply with the same worker protection, workplace safety and 
     similar regulations applicable to, and enforceable against, 
     Federal contractors.
       (F) The wages Federal Prison Industries pays to inmates, 
     taking into account inmate productivity and other factors 
     such as security concerns associated with having a facility 
     in a prison.
       (G) The effect of any additional cost advantages Federal 
     Prison Industries has over private sector providers of goods 
     and services, including--
       (i) the costs absorbed by the Bureau of Prisons such as 
     inmate medical care and infrastructure expenses including 
     real estate and utilities; and
       (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. 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. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN 
                   ABUSE.

       (a) Report on Evidence-based Treatment for Opioid and 
     Heroin Abuse.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Bureau of Prisons 
     shall submit to the Committees on the Judiciary and the 
     Committees on 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) 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

[[Page S7708]]

     abuse whenever appropriate among prisoners under supervised 
     release. Following submission, the Director will take steps 
     to implement these plans.

     SEC. 608. PILOT PROGRAMS.

       (a) In General.--The Bureau of Prisons shall establish each 
     of the following pilot programs for 5 years, in at least 20 
     facilities:
       (1) Mentorship for youth.--A program to pair youth with 
     volunteers from faith-based or community organizations, which 
     may include formerly incarcerated offenders, that have 
     relevant experience or expertise in mentoring, and a 
     willingness to serve as a mentor in such a capacity.
       (2) Service to abandoned, rescued, or otherwise vulnerable 
     animals.--A program to equip prisoners with the skills to 
     provide training and therapy to animals seized by Federal law 
     enforcement under asset forfeiture authority and to 
     organizations that provide shelter and similar services to 
     abandoned, rescued, or otherwise vulnerable animals.
       (b) Reporting Requirement.--Not later than 1 year after the 
     conclusion of the pilot programs, the Attorney General shall 
     report to Congress on the results of the pilot programs under 
     this section. Such report shall include cost savings, numbers 
     of participants, and information about recidivism rates among 
     participants.
       (c) Definition.--In this title, the term ``youth'' means a 
     prisoner (as such term is defined in section 3635 of title 
     18, United States Code, as added by section 101(a) of this 
     Act) who was 21 years of age or younger at the time of the 
     commission or alleged 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. 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.--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.
       (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.
       (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.--Beginning not later 
     than 1 year after the date of enactment of this Act, and 
     annually thereafter for a period of 7 years, the Director of 
     the Bureau of Justice Statistics shall submit a report 
     containing the information described in paragraphs (1) 
     through (26) of subsection (a) to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives.

     SEC. 611. HEALTHCARE PRODUCTS.

       (a) Availability.--The Director of the Bureau of Prisons 
     shall make the healthcare products described in subsection 
     (c) available to prisoners for free, in a quantity that is 
     appropriate to the healthcare needs of each prisoner.
       (b) Quality Products.--The Director shall ensure that the 
     healthcare products provided under this section conform with 
     applicable industry standards.
       (c) Products.--The healthcare products described in this 
     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. Juvenile solitary confinement

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

[[Page S7709]]

       ``(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 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, is 
     amended by adding at the end the following:

``5043. Juvenile solitary confinement.''.

                                 ______
                                 
   SA 4133. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. FIFTH AMENDMENT INTEGRITY RESTORATION.

       (a) Civil Forfeiture Proceedings.--Section 983 of title 18, 
     United States Code, is amended--
       (1) in subsection (b)(2)(A)--
       (A) by striking ``, and the property subject to forfeiture 
     is real property that is being used by the person as a 
     primary residence,''; and
       (B) by striking ``, at the request of the person, shall 
     insure'' and inserting ``shall ensure'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``a preponderance of the 
     evidence'' and inserting ``clear and convincing evidence'';
       (B) in paragraph (2), by striking ``a preponderance of the 
     evidence'' and inserting ``clear and convincing evidence''; 
     and
       (C) by striking paragraph (3) and inserting the following:
       ``(3) if the Government's theory of forfeiture is that the 
     property was used to commit or facilitate the commission of a 
     criminal offense, or was involved in the commission of a 
     criminal offense, the Government shall establish, by clear 
     and convincing evidence, that--
       ``(A) there was a substantial connection between the 
     property and the offense; and
       ``(B) the owner of any interest in the seized property--
       ``(i) used the property with intent to facilitate the 
     offense; or
       ``(ii) knowingly consented or was willfully blind to the 
     use of the property by another in connection with the 
     offense.''; and
       (3) in subsection (d)(2)(A), by striking ``an owner who'' 
     and all that follows through ``upon learning'' and inserting 
     ``an owner who, upon learning''.
       (b) Disposition of Forfeited Property.--
       (1) Revisions to controlled substances act.--Section 511(e) 
     of the Controlled Substances Act (21 U.S.C. 881(e)) is 
     amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``civilly or'';
       (ii) by striking subparagraph (A); and
       (iii) by redesignating subparagraphs (B) through (E) as 
     subparagraphs (A) through (D), respectively;
       (B) in paragraph (2)--
       (i) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``subparagraph (B) of paragraph (1)'' and 
     inserting ``paragraph (1)(A)''; and
       (ii) in subparagraph (B), by striking ``accordance with 
     section 524(c) of title 28,'' and inserting ``the General 
     Fund of the Treasury of the United States'';
       (C) by striking paragraph (3);
       (D) by redesignating paragraph (4) as paragraph (3); and
       (E) in paragraph (3), as redesignated--
       (i) in subparagraph (A), by striking ``paragraph (1)(B)'' 
     and inserting ``paragraph (1)(A)''; and
       (ii) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``paragraph (1)(B) that is civilly or'' and 
     inserting paragraph ``(1)(A) that is''.
       (2) Revisions to title 18.--Chapter 46 of title 18, United 
     States Code, is amended--
       (A) in section 981(e)--
       (i) by striking ``is authorized'' and all that follows 
     through ``or forfeiture of the property;'' and inserting 
     ``shall forward to the Treasurer of the United States any 
     proceeds of property forfeited pursuant to this section for 
     deposit in the General Fund of the Treasury or transfer such 
     property on such terms and conditions as such officer may 
     determine--'';
       (ii) by redesignating paragraphs (3), (4), (5), (6), and 
     (7) as paragraphs (1), (2), (3), (4), and (5), respectively; 
     and
       (iii) in the matter following paragraph (5), as so 
     redesignated--

       (I) by striking the first, second, third, sixth, and eighth 
     sentences; and
       (II) by striking ``paragraphs (3), (4), and (5)'' and 
     inserting ``paragraphs (1), (2), and (3)''; and

       (B) in section 983(g)--
       (i) in paragraph (3), by striking ``grossly''; and
       (ii) in paragraph (4), by striking ``grossly''.
       (3) Tariff act of 1930.--The Tariff Act of 1930 (19 U.S.C. 
     1304 et seq.) is amended--
       (A) in section 613A(a) (19 U.S.C. 1613b(a))--
       (i) in paragraph (1)--

       (I) in subparagraph (D), by inserting ``and'' after the 
     semicolon;
       (II) in subparagraph (E), by striking ``; and'' and 
     inserting a period; and
       (III) by striking subparagraph (F); and

       (ii) in paragraph (2)--

       (I) by striking ``(A) Any payment'' and inserting ``Any 
     payment''; and
       (II) by striking subparagraph (B); and

       (B) in section 616 (19 U.S.C. 1616a)--
       (i) in the section heading, by striking ``transfer of 
     forfeited property'' and inserting ``dismissal in favor of 
     forfeiture under state law'';
       (ii) in subsection (a), by striking ``(a) The Secretary'' 
     and inserting ``The Secretary''; and
       (iii) by striking subsections (b) through (d).
       (4) Title 31.--Section 9703 of title 31, United States 
     Code, is amended--
       (A) in subsection (a)(1)--
       (i) by striking subparagraph (G); and
       (ii) by redesignating subparagraphs (H) through (J) as 
     subparagraphs (G) through (I), respectively; and
       (B) in subsection (b)--
       (i) by striking paragraphs (2) and (4); and
       (ii) by redesignating paragraphs (3) and (5) as paragraphs 
     (2) and (3), respectively.
       (c) Department of Justice Assets Forfeiture Fund 
     Deposits.--Section 524(c)(4) of title 28, United States Code, 
     is amended--
       (1) by striking subparagraphs (A) and (B); and
       (2) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (A) and (B), respectively.
       (d) Structuring Transactions to Evade Reporting Requirement 
     Prohibited.--
       (1) Amendments to title 31.--Section 5324 of title 31, 
     United States Code, is amended--
       (A) in subsection (a)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``knowingly'' after ``Public Law 91-508''; and
       (ii) in paragraph (3), by inserting ``of funds not derived 
     from a legitimate source'' after ``any transaction'';
       (B) in subsection (b), in the matter preceding paragraph 
     (1), by inserting ``knowingly'' after ``such section''; and
       (C) in subsection (c), in the matter preceding paragraph 
     (1), by inserting ``knowingly'' after ``section 5316''.
       (2) Probable cause hearing in connection with property 
     seizures relating to certain monetary instruments 
     transactions.--
       (A) Amendment.--Section 5317 of title 31, United States 
     Code, is amended by adding at the end the following:
       ``(d) Probable Cause Hearing in Connection With Property 
     Seizures Relating to Certain Monetary Instruments 
     Transactions.--
       ``(1) In general.--Not later than 14 days after the date on 
     which notice is provided under paragraph (2)--
       ``(A) a court of competent jurisdiction shall conduct a 
     hearing on any property seized or restrained under subsection 
     (c)(2) with respect to an alleged violation of section 5324; 
     and
       ``(B) any property described in subparagraph (A) shall be 
     returned unless the court finds that there is probable cause 
     to believe

[[Page S7710]]

     that there is a violation of section 5324 involving the 
     property.
       ``(2) Notice.--Each person from whom property is seized or 
     restrained under subsection (c)(2) with respect to an alleged 
     violation of section 5324 shall be notified of the right of 
     the person to a hearing under paragraph (1).''.
       (B) Applicability.--The amendment made by paragraph (1) 
     shall apply to property seized or restrained after the date 
     of enactment of this Act.
       (e) Proportionality.--Section 983(g)(2) of title 18, United 
     States Code, is amended to read as follows:
       ``(2) In making this determination, the court shall 
     consider such factors as--
       ``(A) the seriousness of the offense;
       ``(B) the extent of the nexus of the property to the 
     offense;
       ``(C) the range of sentences available for the offense 
     giving rise to forfeiture;
       ``(D) the fair market value of the property; and
       ``(E) the hardship to the property owner and dependents.''.
       (f) Reporting Requirements.--Section 524(c)(6)(i) of title 
     28, United States Code, is amended by inserting ``from each 
     type of forfeiture, and specifically identifying which funds 
     were obtained from including criminal forfeitures and which 
     were obtained from civil forfeitures,'' after ``deposits''.
       (g) Applicability.--The amendments made by this section 
     shall apply to--
       (1) any civil forfeiture proceeding pending on or filed on 
     or after the date of enactment of this Act; and
       (2) any amounts received from the forfeiture of property on 
     or after the date of enactment of this Act.
                                 ______
                                 
   SA 4134. Mr. PAUL submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. PROHIBITION ON CIVIL FORFEITURE.

       Notwithstanding any other provision of law, no property of 
     a person, real or personal, may be forfeited to the United 
     States unless the person has been convicted of an offense 
     under which the property may be forfeited.
                                 ______
                                 
   SA 4135. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ACQUITTED CONDUCT REFORM.

       (a) Use of Information for Sentencing.--
       (1) Amendment.--Section 3661 of title 18, United States 
     Code, is amended by inserting ``, except that a court of the 
     United States shall not consider acquitted conduct under this 
     section'' before the period at the end.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall apply only to a judgment entered on or after the date 
     of enactment of this Act.
       (b) Definitions.--Section 3673 of title 18, United States 
     Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``As'' and inserting the following:
       ``(a) As''; and
       (2) by adding at the end the following:
       ``(b) As used in this chapter, the term `acquitted conduct' 
     means--
       ``(1) acts for which a person was criminally charged and 
     adjudicated not guilty after trial in a Federal or State 
     court; and
       ``(2) acts underlying criminal charges dismissed--
       ``(A) in a Federal court upon a motion for acquittal under 
     rule 29 of the Federal Rules of Criminal Procedure; or
       ``(B) in a State court upon a motion for acquittal or an 
     analogous motion under the applicable State rule of criminal 
     procedure.''.
                                 ______
                                 
   SA 4136. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 614. AUTHORITY OF PROBATION OFFICERS.

       (a) In General.--Section 3606 of title 18, United States 
     Code, is amended--
       (1) in the heading, by striking ``and return of a 
     probationer'' and by inserting ``authority of probation 
     officers'';
       (2) by striking ``If there'' and inserting ``(a) If 
     there''; and
       (3) by adding at the end the following:
       ``(b) A probation officer, while in the performance of his 
     or her official duties, may arrest a person without a warrant 
     if there is probable cause to believe that the person has 
     forcibly assaulted, resisted, opposed, impeded, intimidated, 
     or interfered with the probation officer, or a fellow 
     probation officer, in violation of section 111. The arrest 
     authority described in this subsection shall be exercised 
     under such rules and regulations as the Director of the 
     Administrative Office of the United States Courts shall 
     prescribe.''.
       (b) Table of Sections.--The table of sections for 
     subchapter A of chapter 229 of title 18, United States Code, 
     is amended by striking the item relating to section 3606 and 
     inserting the following:

``3606. Arrest authority of probation officers.''.
                                 ______
                                 
  SA 4137. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end, add the following:

                       TITLE VII--MENS REA REFORM

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Mens Rea Reform Act of 
     2018''.

                       Subtitle A--State of Mind

     SEC. 711. STATE OF MIND ELEMENT FOR CRIMINAL OFFENSES.

       (a) In General.--Chapter 1 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 28. State of mind when not otherwise specifically 
       provided

       ``(a) Definitions.--In this section--
       ``(1) the term `covered offense'--
       ``(A) means an offense--
       ``(i) specified in--

       ``(I) this title or any other Act of Congress;
       ``(II) any regulation; or
       ``(III) any law (including regulations) of any State or 
     foreign government incorporated by reference into this title 
     or any other Act of Congress; and

       ``(ii) that is punishable by imprisonment, a maximum 
     criminal fine of at least $2,500, or both; and
       ``(B) does not include--
       ``(i) any offense set forth in chapter 47 or chapter 47A of 
     title 10; or
       ``(ii) any offense incorporated by section 13(a) of this 
     title;
       ``(2) the term `existing covered offense without a state of 
     mind requirement' means a covered offense for which--
       ``(A) the provision or provisions specifying the elements 
     of the offense were enacted, promulgated, or finalized on or 
     before the date of enactment of this section; and
       ``(B) there is not a state of mind requirement specified 
     for 1 or more elements of the covered offense, which shall be 
     determined in accordance with subsection (d)--
       ``(i) in the text of the covered offense; or
       ``(ii) under the precedents of the Supreme Court of the 
     United States;
       ``(3) the term `existing covered regulatory offense without 
     a state of mind requirement' means an existing covered 
     offense without a state of mind requirement for which the 
     provision or provisions specifying the elements of the 
     offense are in regulations promulgated by an agency;
       ``(4) the term `future covered offense' means a covered 
     offense for which the provision or provisions specifying the 
     elements of the offense are enacted, promulgated, or 
     finalized after the date of enactment of this section;
       ``(5) the term `state of mind' means willfully, 
     intentionally, maliciously, knowingly, recklessly, wantonly, 
     negligently, or with reason to believe, or any other word or 
     phrase that is synonymous with or substantially similar to 
     any such term; and
       ``(6) the term `willfully', as related to an element of an 
     offense, means--
       ``(A) that the person acted with knowledge that the 
     person's conduct was unlawful; and
       ``(B) if the element involves the nature, attendant 
     circumstances, object, or result of the conduct of a person, 
     that--
       ``(i) the person had knowledge of the nature, attendant 
     circumstances, object, or result of his or her conduct; and
       ``(ii) it was the conscious object of the person to engage 
     in conduct--

       ``(I) of that nature;
       ``(II) with that attendant circumstance;
       ``(III) with that object; or
       ``(IV) to cause such a result.

       ``(b) Future Covered Offenses.--A future covered offense 
     shall be construed to require the Government to prove beyond 
     a reasonable doubt that the defendant acted--
       ``(1) with the state of mind specified in the text of the 
     future covered offense for each element of the offense for 
     which the text specifies a state of mind; and
       ``(2) except as provided in subsection (d), willfully, with 
     respect to any element of the offense for which the text of 
     the future covered offense does not specify a state of mind.
       ``(c) Existing Covered Offenses Without a State of Mind 
     Requirement.--
       ``(1) Default requirement for existing statutory offenses 
     without a state of mind requirement.--
       ``(A) In general.--On and after the date specified in 
     subparagraph (B), an existing covered offense without a state 
     of mind requirement for which the provision or provisions 
     specifying the elements of the existing

[[Page S7711]]

     covered offense are in an Act of Congress shall be construed 
     to require the Government to prove beyond a reasonable doubt 
     that the defendant acted--
       ``(i) with the state of mind specified in the text of the 
     existing covered offense without a state of mind requirement, 
     including any amendment made after the date of enactment of 
     this section, for each element for which the text specifies a 
     state of mind; and
       ``(ii) except as provided in subsection (d), willfully, 
     with respect to any element for which the text of the 
     existing covered offense without a state of mind requirement 
     does not specify a state of mind.
       ``(B) Deadline.--The date specified in this subparagraph is 
     the earlier of--
       ``(i) the date that is 2 years after the date on which the 
     National Criminal Justice Commission submits the report under 
     section 711(b) of the Mens Rea Reform Act of 2018; or
       ``(ii) the date that is 5 years after the date of enactment 
     of the Mens Rea Reform Act of 2018.
       ``(2) Existing covered regulatory offenses without a state 
     of mind requirement.--
       ``(A) In general.--Not later than the date specified in 
     subparagraph (B), each agency that has in effect an existing 
     covered regulatory offense without a state of mind 
     requirement shall promulgate regulations, after providing 
     notice and an opportunity for comment, specifying the state 
     of mind required for each element of the existing covered 
     regulatory offense for which a state of mind is not 
     specified.
       ``(B) Deadline.--The date specified in this subparagraph is 
     the earlier of--
       ``(i) the date that is 3 years after the date on which the 
     National Criminal Justice Commission submits the report under 
     section 711(b) of the Mens Rea Reform Act of 2018; or
       ``(ii) the date that is 6 years after the date of enactment 
     of the Mens Rea Reform Act of 2018.
       ``(C) No strict liability offenses.--The regulations 
     promulgated by an agency under subparagraph (A) may not 
     specify that an element of an existing covered regulatory 
     offense does not require any state of mind be proven.
       ``(D) Sunset.--Except as provided in subsection (d), after 
     the date specified in subparagraph (B), the criminal penalty 
     provisions of an existing covered regulatory offense for 
     which the regulations establishing the elements of the 
     existing covered regulatory offense do not specify a state of 
     mind for 1 or more elements shall cease to have force or 
     effect.
       ``(E) Rule of construction.--Nothing in this paragraph 
     shall be construed to grant an agency authority with respect 
     to establishing the mens rea requirements for a covered 
     regulatory offense that is in addition to, or in lieu of, 
     such authority provided under the statute authorizing the 
     covered regulatory offense.
       ``(d) Determination That Elements Lack Required State of 
     Mind.--
       ``(1) Failure to distinguish among elements.--Except as 
     provided in paragraph (2), if the text of a covered offense 
     specifies the state of mind required for commission of the 
     covered offense without specifying the elements of the 
     covered offense to which the state of mind applies, the state 
     of mind specified shall apply to all elements of the covered 
     offense, unless a contrary legislative purpose plainly 
     appears in the text of the statute.
       ``(2) Exceptions.--
       ``(A) In general.--Paragraph (1) of this subsection, 
     subsection (b)(2), and paragraphs (1)(A)(ii) and (2)(D) of 
     subsection (c) shall not apply with respect to--
       ``(i) any element for which the text of the covered offense 
     makes clear that Congress affirmatively intended not to 
     require the Government to prove any state of mind with 
     respect to such element;
       ``(ii) any element of a covered offense, to the extent that 
     the element establishes--

       ``(I) subject matter jurisdiction over the covered offense; 
     or
       ``(II) venue with respect to trial of the covered offense; 
     or

       ``(iii) any element of a covered offense, to the extent 
     that applying paragraph (1) of this subsection, subsection 
     (b)(2), or paragraph (1)(A)(ii) or (2)(D) of subsection (c) 
     to such element would lessen the degree of mental culpability 
     that the Government is required to prove with respect to that 
     element under--

       ``(I) precedent of the Supreme Court of the United States; 
     or
       ``(II) any other provision of this title, any other Act of 
     Congress, or any regulation.

       ``(B) Mere absence insufficient.--For purposes of 
     subparagraph (A)(i), the mere absence of a specified state of 
     mind for an element of a covered offense in the text of the 
     covered offense shall not be construed to mean that Congress 
     affirmatively intended not to require the Government to prove 
     any state of mind with respect to that element.
       ``(e) Subsequently Enacted Laws.--No law enacted after the 
     date of enactment of this section shall be construed to 
     repeal, modify the text or effect of, or supersede in whole 
     or in part this section, unless such law specifically refers 
     to this section and explicitly repeals, modifies the text or 
     effect of, or supersedes in whole or in part this section.''.
       (b) Commission Report and Legislation.--
       (1) Definitions.--In this section, the term ``existing 
     covered offenses without a state of mind requirement'' has 
     the meaning given that term in section 28 of title 18, United 
     States Code, as added by subsection (a).
       (2) Submission.--Not later than the earlier of 2 years 
     after the date on which the Attorney General submits the 
     report required under section 712(b) or 3 years after the 
     date of enactment of this Act, the National Criminal Justice 
     Commission shall submit to Congress--
       (A) a report identifying--
       (i) the existing covered offenses without a state of mind 
     requirement; and
       (ii) the existing covered offenses without a state of mind 
     requirement for which the Commission recommends that the 
     Government not be required to prove any state of mind with 
     respect to 1 or more elements of the offense, based on 
     consideration of the criteria described in paragraph (3); and
       (B) for each existing covered offense without a state of 
     mind requirement identified under subparagraph (A)(ii) for 
     which the provision or provisions specifying the elements of 
     the existing covered offense without a state of mind 
     requirement are in an Act of Congress, proposed legislative 
     language to make clear the Government is not required to 
     prove any state of mind with respect to 1 or more elements of 
     the offense.
       (3) Criteria.--The criteria specified in this paragraph 
     are--
       (A) whether the covered offense makes criminal a type of 
     conduct that a reasonable person should know is subject to 
     stringent public regulation and may seriously threaten public 
     health or safety; and
       (B) the potential penalty attached to a violation of the 
     covered offense, with a severe penalty suggesting that the 
     offense should not be a strict liability offense.
       (c) Expedited Procedures.--
       (1) Definition.--In this subsection, the term ``joint 
     resolution'' means a joint resolution consisting of the 
     proposed legislative language submitted under subsection 
     (b)(2)(B) and introduced or reintroduced under paragraph (2) 
     of this subsection.
       (2) Introduction of proposed legislative language.--
       (A) In general.--The proposed legislative language 
     submitted by the National Criminal Justice Commission under 
     subsection (b)(2)(B)--
       (i) shall be introduced in the Senate (by request) by the 
     Majority Leader or Minority Leader of the Senate or by a 
     Member of the Senate designated by the Majority Leader or 
     Minority Leader of the Senate not later than 30 days after 
     the date on which the proposed legislation is submitted to 
     Congress; and
       (ii) shall be introduced in the House of Representatives 
     (by request) by the Speaker of the House of Representatives 
     or the Minority Leader of the House of Representatives or by 
     a Member of the House of Representatives designated by the 
     Speaker of the House of Representatives or the Minority 
     Leader of the House of Representatives not later than 30 days 
     after the date on which the proposed legislation is submitted 
     to Congress.
       (B) Reintroduction.--The proposed legislative language 
     submitted by the National Criminal Justice Commission under 
     subsection (b)(2)(B) shall be reintroduced as described in 
     subparagraph (A) not later than 30 days after the first day 
     of a Congress if--
       (i) the proposed legislative language was introduced during 
     the previous Congress after the date that was 210 days before 
     the date of the sine die adjournment of such previous 
     Congress; and
       (ii) there was not a vote in either House of Congress on 
     passage of the joint resolution introduced under subparagraph 
     (A) during the previous Congress by which the joint 
     resolution was not agreed to.
       (3) Expedited consideration in house of representatives.--
       (A) Reporting and discharge.--Any committee of the House of 
     Representatives to which a joint resolution is referred shall 
     report it to the House of Representatives not later than 180 
     days after the date on which the joint resolution is 
     introduced or reintroduced in the House of Representatives 
     under paragraph (2). If a committee fails to report the joint 
     resolution within that period, the committee shall be 
     discharged from further consideration of the joint resolution 
     and the joint resolution shall be referred to the appropriate 
     calendar.
       (B) Proceeding to consideration.--
       (i) In general.--After each committee authorized to 
     consider a joint resolution reports it to the House of 
     Representatives or has been discharged from its 
     consideration, it shall be in order, not later than 210 days 
     after the date on which the joint resolution is introduced or 
     reintroduced in the House of Representatives under paragraph 
     (2), to move to proceed to consider the joint resolution in 
     the House of Representatives.
       (ii) Procedure.--For a motion to proceed to consideration 
     of a joint resolution--

       (I) all points of order against the motion are waived;
       (II) such a motion shall not be in order after the House of 
     Representatives has disposed of a motion to proceed on the 
     joint resolution;
       (III) the previous question shall be considered as ordered 
     on the motion to its adoption without intervening motion;
       (IV) the motion shall not be debatable; and
       (V) a motion to reconsider the vote by which the motion is 
     disposed of shall not be in order.

       (C) Consideration.--If the House of Representatives 
     proceeds to consideration of a joint resolution--

[[Page S7712]]

       (i) the joint resolution shall be considered as read;
       (ii) all points of order against the joint resolution and 
     against its consideration are waived;
       (iii) the previous question shall be considered as ordered 
     on the joint resolution to its passage without intervening 
     motion except 10 hours of debate equally divided and 
     controlled by the proponent and an opponent;
       (iv) an amendment to the joint resolution shall not be in 
     order; and
       (v) a motion to reconsider the vote on passage of the joint 
     resolution shall not be in order.
       (4) Expedited consideration in senate.--
       (A) Placement on calendar.--Upon introduction in the 
     Senate, the joint resolution shall be placed immediately on 
     the calendar.
       (B) Proceeding to consideration.--
       (i) In general.--Notwithstanding rule XXII of the Standing 
     Rules of the Senate, it is in order, not later than 210 days 
     after the date on which the joint resolution is introduced or 
     reintroduced in the Senate under paragraph (2) (even though a 
     previous motion to the same effect has been disagreed to) to 
     move to proceed to the consideration of a joint resolution.
       (ii) Procedure.--For a motion to proceed to the 
     consideration of a joint resolution--

       (I) all points of order against the motion are waived;
       (II) the motion is not debatable;
       (III) the motion is not subject to a motion to postpone;
       (IV) a motion to reconsider the vote by which the motion is 
     agreed to or disagreed to shall not be in order; and
       (V) if the motion is agreed to, the joint resolution shall 
     remain the unfinished business until disposed of.

       (C) Floor consideration.--
       (i) In general.--If the Senate proceeds to consideration of 
     a joint resolution--

       (I) all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived;
       (II) consideration of the joint resolution, and all 
     debatable motions and appeals in connection therewith, shall 
     be limited to not more than 10 hours, which shall be divided 
     equally between the majority and minority leaders or their 
     designees;
       (III) a motion further to limit debate is in order and not 
     debatable;
       (IV) an amendment to, a motion to postpone, or a motion to 
     commit the joint resolution is not in order; and
       (V) a motion to proceed to the consideration of other 
     business is not in order.

       (ii) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the consideration of 
     a joint resolution, and a single quorum call at the 
     conclusion of the debate if requested in accordance with the 
     rules of the Senate.
       (iii) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of this 
     paragraph or the rules of the Senate, as the case may be, to 
     the procedure relating to a joint resolution shall be decided 
     without debate.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Coordination with action by other house.--If, before 
     the passage by one House of a joint resolution of that House, 
     that House receives from the other House a joint resolution--
       (i) the joint resolution of the other House shall not be 
     referred to a committee; and
       (ii) with respect to a joint resolution of the House 
     receiving the resolution--

       (I) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; and
       (II) the vote on passage shall be on the joint resolution 
     of the other House.

       (B) Treatment of joint resolution of other house.--If one 
     House fails to introduce or consider a joint resolution under 
     this subsection, the joint resolution of the other House 
     shall be entitled to expedited floor procedures under this 
     subsection.
       (C) Treatment of companion measures.--If, following passage 
     of a joint resolution in the Senate, the Senate receives the 
     companion measure from the House of Representatives, the 
     companion measure shall not be debatable.
       (D) Consideration after passage.--If the President vetoes 
     the joint resolution, consideration of a veto message in the 
     Senate under this paragraph shall be not more than 10 hours 
     equally divided between the majority and minority leaders or 
     their designees.
       (6) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a joint resolution, and to 
     supersede other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
       (d) Technical and Conforming Amendment.--The table of 
     sections for chapter 1 of title 18, United States Code, is 
     amended by adding at the end the following:

``28. State of mind when not otherwise specifically provided.''.

     SEC. 712. INVENTORY OF FEDERAL CRIMINAL OFFENSES.

       (a) Definitions.--In this section--
       (1) the term ``criminal regulatory offense'' means a 
     Federal regulation that is enforceable by a criminal penalty;
       (2) the term ``criminal statutory offense'' means a 
     criminal offense under a Federal statute; and
       (3) the term ``Executive agency''--
       (A) has the meaning given the term in section 105 of title 
     5, United States Code; and
       (B) includes the United States Postal Service and the 
     Postal Regulatory Commission.
       (b) Report on Criminal Statutory Offenses.--Not later than 
     1 year after the date of enactment of this Act, the Attorney 
     General shall submit to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives and make publicly available a report, which 
     shall include--
       (1) a list of all criminal statutory offenses, including a 
     list of the elements for each criminal statutory offense; and
       (2) for each criminal statutory offense listed under 
     paragraph (1) and organized by Federal district where 
     applicable--
       (A) the potential criminal penalty for the criminal 
     statutory offense;
       (B) the number of violations of the criminal statutory 
     offense referred to the Department of Justice by an Executive 
     agency for prosecution, including referrals from 
     investigative agencies of the Department of Justice, in each 
     of the years during the 15-year period preceding the date of 
     enactment of this Act;
       (C) the number of prosecutions for the criminal statutory 
     offense brought by the Department of Justice each year for 
     the 15-year period preceding the date of enactment of this 
     Act;
       (D) the number of prosecutions for the criminal statutory 
     offense brought by the Department of Justice that have 
     resulted in conviction for each year of the 15-year period 
     preceding the date of enactment of this Act;
       (E) the number of convictions for the criminal statutory 
     offense that have resulted in imprisonment for each year of 
     the 15-year period preceding the date of enactment of this 
     Act;
       (F) the average length of sentence of imprisonment imposed 
     as a result of conviction for the criminal statutory offense 
     during each year of the 15-year period preceding the date of 
     enactment of this Act;
       (G) the mens rea requirement for the criminal statutory 
     offense; and
       (H) the number of prosecutions for the criminal statutory 
     offense in which the Department of Justice was not required 
     to prove mens rea as a component of the offense.
       (c) Report on Criminal Regulatory Offenses.--Not later than 
     1 year after the date of enactment of this Act, the head of 
     each Executive agency shall submit to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives and make publicly available a 
     report, which shall include--
       (1) a list of all criminal regulatory offenses enforceable 
     by the agency; and
       (2) for each criminal regulatory offense listed under 
     paragraph (1)--
       (A) the potential criminal penalty for a violation of the 
     criminal regulatory offense;
       (B) the number of violations of the criminal regulatory 
     offense referred to the Department of Justice for prosecution 
     in each of the years during the 15-year period preceding the 
     date of enactment of this Act;
       (C) the number of prosecutions for the criminal regulatory 
     offense brought by the Department of Justice each year for 
     the 15-year period preceding the date of enactment of this 
     Act;
       (D) the number of prosecutions for the criminal regulatory 
     offense brought by the Department of Justice that have 
     resulted in conviction for each year of the 15-year period 
     preceding the date of enactment of this Act;
       (E) the number of convictions for the criminal regulatory 
     offense that have resulted in imprisonment for each year of 
     the 15-year period preceding the date of enactment of this 
     Act;
       (F) the average length of sentence of imprisonment imposed 
     as a result of conviction for the criminal regulatory offense 
     during each year of the 15-year period preceding the date of 
     enactment of this Act;
       (G) the mens rea requirement for the criminal regulatory 
     offense; and
       (H) the number of prosecutions for the criminal regulatory 
     offense in which the Department of Justice was not required 
     to prove mens rea as a component of the offense.
       (d) Index.--Not later than 2 years after the date of 
     enactment of this Act--
       (1) the Attorney General shall establish a publically 
     accessible index of each criminal statutory offense listed in 
     the report required under subsection (b) and make the index 
     available and freely accessible on the website of the 
     Department of Justice; and
       (2) the head of each Executive agency shall establish a 
     publically accessible index of each criminal regulatory 
     offense listed in the report required under subsection (c) 
     and make the index available and freely accessible on the 
     website of the agency.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to require or authorize appropriations.

[[Page S7713]]

  


          Subtitle B--National Criminal Justice Commission Act

     SEC. 751. FINDINGS.

       Congress finds that--
       (1) it is in the interest of the Nation to establish a 
     commission to undertake a comprehensive review of the 
     criminal justice system;
       (2) there has not been a comprehensive study since the 
     President's Commission on Law Enforcement and Administration 
     of Justice was established in 1965;
       (3) that commission, in a span of 18 months, produced a 
     comprehensive report entitled ``The Challenge of Crime in a 
     Free Society'', which contained 200 specific recommendations 
     on all aspects of the criminal justice system involving 
     Federal, State, tribal, and local governments, civic 
     organizations, religious institutions, business groups, and 
     individual citizens; and
       (4) developments over the intervening 50 years require once 
     again that Federal, State, tribal, and local governments, 
     civic organizations, religious institutions, business groups, 
     and individual citizens come together to review evidence and 
     consider how to improve the criminal justice system.

     SEC. 752. ESTABLISHMENT OF COMMISSION.

       There is established a commission to be known as the 
     ``National Criminal Justice Commission'' (referred to in this 
     subtitle as the ``Commission'').

     SEC. 753. PURPOSE OF THE COMMISSION.

       The Commission shall--
       (1) undertake a comprehensive review of the criminal 
     justice system;
       (2) make recommendations for Federal criminal justice 
     reform to the President and Congress; and
       (3) disseminate findings and supplemental guidance to the 
     Federal Government, as well as to State, local, and tribal 
     governments.

     SEC. 754. REVIEW, RECOMMENDATIONS, AND REPORT.

       (a) General Review.--The Commission shall undertake a 
     comprehensive review of all areas of the criminal justice 
     system, including Federal, State, local, and tribal 
     governments' criminal justice costs, practices, and policies.
       (b) Recommendations.--
       (1) In general.--Not later than 18 months after the first 
     meeting of the Commission, the Commission shall submit to the 
     President and Congress recommendations for changes in Federal 
     oversight, policies, practices, and laws designed to prevent, 
     deter, and reduce crime and violence, reduce recidivism, 
     improve cost-effectiveness, and ensure the interests of 
     justice at every step of the criminal justice system.
       (2) Unanimous consent required.--A recommendation of the 
     Commission may be adopted and submitted under paragraph (1) 
     if the recommendation is approved by a unanimous vote of the 
     Commissioners at a meeting where a quorum is present pursuant 
     to section 755(d).
       (3) Requirement.--The recommendations submitted under this 
     subsection shall be made available to the public.
       (c) Report.--
       (1) In general.--Not later than 18 months after the first 
     meeting of the Commission, the Commission shall also 
     disseminate to the Federal Government, as well as to State, 
     local, and tribal governments, a report that details the 
     findings and supplemental guidance of the Commission 
     regarding the criminal justice system at all levels of 
     government.
       (2) Majority vote required.--Commission findings and 
     supplemental guidance may be adopted and included in the 
     report required under paragraph (1) if the findings or 
     guidance is approved by a majority vote of the Commissioners 
     at a meeting where a quorum is present pursuant to section 
     755(d), except that any Commissioners dissenting from 
     particular finding or supplemental guidance shall have the 
     right to state the reason for their dissent in writing and 
     such dissent shall be included in the report of the 
     Commission.
       (3) Requirement.--The report submitted under this 
     subsection shall be made available to the public.
       (d) Prior Commissions.--The Commission shall take into 
     consideration the work of prior relevant commissions in 
     conducting its review.
       (e) State and Local Government.--In issuing its 
     recommendations and report under this section, the Commission 
     shall not infringe on the legitimate rights of the States to 
     determine their own criminal laws or the enforcement of such 
     laws.
       (f) Public Hearings.--The Commission shall conduct public 
     hearings in various locations around the United States.
       (g) Consultation With Government and Nongovernment 
     Representatives.--
       (1) In general.--The Commission shall--
       (A) closely consult with Federal, State, local, and tribal 
     government and nongovernmental leaders, including State, 
     local, and tribal law enforcement officials, legislators, 
     public health officials, judges, court administrators, 
     prosecutors, defense counsel, victims' rights organizations, 
     probation and parole officials, criminal justice planners, 
     criminologists, civil rights and liberties organizations, 
     formerly incarcerated individuals, professional 
     organizations, and corrections officials; and
       (B) include in the final report required under subsection 
     (c) summaries of the input and recommendations of these 
     leaders.
       (2) United states sentencing commission.--To the extent the 
     review and recommendations required by this section relate to 
     sentencing policies and practices for the Federal criminal 
     justice system, the Commission shall conduct such review and 
     make such recommendations in consultation with the United 
     States Sentencing Commission.
       (h) Sense of Congress, Goal of Unanimity.--It is the sense 
     of the Congress that, given the national importance of the 
     matters before the Commission, the Commission should work 
     toward unanimously supported findings and supplemental 
     guidance, and that unanimously supported findings and 
     supplemental guidance should take precedence over those 
     findings and supplemental guidance that are not unanimously 
     supported.

     SEC. 755. MEMBERSHIP.

       (a) In General.--The Commission shall be composed of 14 
     members, as follows:
       (1) One member shall be appointed by the President, who 
     shall serve as co-chairperson of the Commission.
       (2) One member shall be appointed by the leader of the 
     Senate, in consultation with the leader of the House of 
     Representatives, that is a member of the opposite party of 
     the President, who shall serve as co-chairperson of the 
     Commission.
       (3) Two members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party, in 
     consultation with the Democratic leadership of the Committee 
     on the Judiciary.
       (4) Two members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party, in 
     consultation with the Republican leadership of the Committee 
     on the Judiciary.
       (5) Two members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party, in consultation with the Republican 
     leadership of the Committee on the Judiciary.
       (6) Two members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party, in consultation with the Democratic 
     leadership of the Committee on the Judiciary.
       (7) Two members, who shall be State and local 
     representatives, shall be appointed by the President in 
     agreement with leader of the Senate (majority or minority 
     leader, as the case may be) of the Republican Party and the 
     leader of the House of Representatives (majority or minority 
     leader, as the case may be) of the Republican Party.
       (8) Two members, who shall be State and local 
     representatives, shall be appointed by the President in 
     agreement with leader of the Senate (majority or minority 
     leader, as the case may be) of the Democratic Party and the 
     leader of the House of Representatives (majority or minority 
     leader, as the case may be) of the Democratic Party.
       (b) Membership.--
       (1) Qualifications.--The individuals appointed from private 
     life as members of the Commission shall be individuals with 
     distinguished reputations for integrity and nonpartisanship 
     who are nationally recognized for expertise, knowledge, or 
     experience in such relevant areas as--
       (A) law enforcement;
       (B) criminal justice;
       (C) national security;
       (D) prison and jail administration;
       (E) prisoner reentry;
       (F) public health, including physical and sexual 
     victimization, drug addiction and mental health;
       (G) victims' rights;
       (H) civil liberties;
       (I) court administration;
       (J) social services; and
       (K) State, local, and tribal government.
       (2) Disqualification.--An individual shall not be appointed 
     as a member of the Commission if such individual possesses 
     any personal financial interest in the discharge of any of 
     the duties of the Commission.
       (3) Terms.--Members shall be appointed for the life of the 
     Commission.
       (c) Appointment; First Meeting.--
       (1) Appointment.--Members of the Commission shall be 
     appointed not later than 45 days after the date of the 
     enactment of this Act.
       (2) First meeting.--The Commission shall hold its first 
     meeting on the date that is 60 days after the date of 
     enactment of this Act, or not later than 30 days after the 
     date on which funds are made available for the Commission, 
     whichever is later.
       (3) Ethics.--At the first meeting of the Commission, the 
     Commission shall draft appropriate ethics guidelines for 
     commissioners and staff, including guidelines relating to 
     conflict of interest and financial disclosure. The Commission 
     shall consult with the Senate and House Committees on the 
     Judiciary as a part of drafting the guidelines and furnish 
     the Committees with a copy of the completed guidelines.
       (d) Meetings; Quorum; Vacancies.--
       (1) Meetings.--The Commission shall meet at the call of the 
     co-chairpersons or a majority of its members.
       (2) Quorum.--Eight members of the Commission shall 
     constitute a quorum for purposes of conducting business, 
     except that 2 members of the Commission shall constitute a 
     quorum for purposes of receiving testimony.
       (3) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made. If vacancies in the 
     Commission occur on any day after 45 days after the date of 
     the enactment of this

[[Page S7714]]

     Act, a quorum shall consist of a majority of the members of 
     the Commission as of such day, so long as not less than 1 
     Commission member chosen by a member of each party, 
     Republican and Democratic, is present.
       (e) Actions of Commission.--
       (1) In general.--The Commission--
       (A) shall, subject to the requirements of section 754, act 
     by resolution agreed to by a majority of the members of the 
     Commission voting and present; and
       (B) may establish panels composed of less than the full 
     membership of the Commission for purposes of carrying out the 
     duties of the Commission under this subtitle--
       (i) which shall be subject to the review and control of the 
     Commission; and
       (ii) any findings and determinations made by such a panel 
     shall not be considered the findings and determinations of 
     the Commission unless approved by the Commission.
       (2) Delegation.--Any member, agent, or staff of the 
     Commission may, if authorized by the co-chairpersons of the 
     Commission, take any action which the Commission is 
     authorized to take pursuant to this Act.

     SEC. 756. ADMINISTRATION.

       (a) Staff.--
       (1) Executive director.--The Commission shall have a staff 
     headed by an Executive Director. The Executive Director shall 
     be paid at a rate established for the Certified Plan pay 
     level for the Senior Executive Service under section 5382 of 
     title 5, United States Code.
       (2) Appointment and compensation.--The co-chairpersons of 
     the Commission shall designate the Executive Director and, in 
     accordance with rules agreed upon by the Commission, may 
     appoint and fix the compensation of such other personnel as 
     may be necessary to enable the Commission to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this paragraph may exceed the 
     equivalent of that payable for a position at level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (3) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (4) The compensation of commissioners.--Each member of the 
     Commission may be compensated at not to exceed the daily 
     equivalent of the annual rate of basic pay in effect for a 
     position at level V of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day during 
     which that member is engaged in the actual performance of the 
     duties of the Commission. All members of the Commission who 
     are officers or employees of the United States, a State, or a 
     local government shall serve without compensation in addition 
     to that received for their services as officers or employees.
       (5) Travel expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.
       (b) Experts and Consultants.--With the approval of the 
     Commission, the Executive Director may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code.
       (c) Detail of Government Employees.--Upon the request of 
     the Commission, the head of any Federal agency may detail, 
     without reimbursement, any of the personnel of such agency to 
     the Commission to assist in carrying out the duties of the 
     Commission. Any such detail shall not interrupt or otherwise 
     affect the civil service status or privileges of the Federal 
     employee.
       (d) Other Resources.--The Commission shall have reasonable 
     access to materials, resources, statistical data, and other 
     information such Commission determines to be necessary to 
     carry out its duties from the Library of Congress, the 
     Department of Justice, the Office of National Drug Control 
     Policy, the Department of State, and other agencies of the 
     executive and legislative branches of the Federal Government. 
     The co-chairpersons of the Commission shall make requests for 
     such access in writing when necessary.
       (e) Volunteer Services.--Notwithstanding the provisions of 
     section 1342 of title 31, United States Code, the Commission 
     is authorized to accept and utilize the services of 
     volunteers serving without compensation. The Commission may 
     reimburse such volunteers for local travel and office 
     supplies, and for other travel expenses, including per diem 
     in lieu of subsistence, as authorized by section 5703 of 
     title 5, United States Code. A person providing volunteer 
     services to the Commission shall be considered an employee of 
     the Federal Government in performance of those services for 
     the purposes of chapter 81 of title 5, United States Code, 
     relating to compensation for work-related injuries, chapter 
     171 of title 28, United States Code, relating to tort claims, 
     and chapter 11 of title 18, United States Code, relating to 
     conflicts of interest.
       (f) Obtaining Official Data.--The Commission may secure 
     directly from any agency of the United States information 
     necessary to enable it to carry out this Act. Upon the 
     request of the co-chairpersons of the Commission, the head of 
     that department or agency shall furnish that information to 
     the Commission. The Commission shall not have access to 
     sensitive information regarding ongoing investigations.
       (g) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (h) Administrative Reporting.--The Commission shall issue 
     biannual status reports to Congress regarding the use of 
     resources, salaries, and all expenditures of appropriated 
     funds.
       (i) Contracts.--The Commission is authorized to enter into 
     contracts with Federal and State agencies, private firms, 
     institutions, and individuals for the conduct of activities 
     necessary to the discharge of its duties and 
     responsibilities. A contract, lease, or other legal agreement 
     entered into by the Commission may not extend beyond the date 
     of the termination of the Commission.
       (j) Gifts.--Subject to existing law, the Commission may 
     accept, use, and dispose of gifts or donations of services or 
     property.
       (k) Administrative Assistance.--The Administrator of 
     General Services shall provide to the Commission, on a 
     reimbursable basis, the administrative support services 
     necessary for the Commission to carry out its 
     responsibilities under this Act. These administrative 
     services may include human resource management, budget, 
     leasing, accounting, and payroll services.
       (l) Nonapplicability of FACA and Public Access to Meetings 
     and Minutes.--
       (1) In general.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (2) Meetings and minutes.--
       (A) Meetings.--
       (i) Administration.--All meetings of the Commission shall 
     be open to the public, except that a meeting or any portion 
     of it may be closed to the public if it concerns matters or 
     information described in section 552b(c) of title 5, United 
     States Code. Interested persons shall be permitted to appear 
     at open meetings and present oral or written statements on 
     the subject matter of the meeting. The Commission may 
     administer oaths or affirmations to any person appearing 
     before it.
       (ii) Notice.--All open meetings of the Commission shall be 
     preceded by timely public notice in the Federal Register of 
     the time, place, and subject of the meeting.
       (B) Minutes and public availability.--Minutes of each open 
     meeting shall be kept and shall contain a record of the 
     people present, a description of the discussion that 
     occurred, and copies of all statements filed. The minutes and 
     records of all open meetings and other documents that were 
     made available to or prepared for the Commission shall be 
     available for public inspection and copying at a single 
     location in the offices of the Commission.
       (m) Archiving.--Not later than the date of termination of 
     the Commission, all records and papers of the Commission 
     shall be delivered to the Archivist of the United States for 
     deposit in the National Archives.

     SEC. 757. SUNSET.

       The Commission shall terminate 60 days after the Commission 
     submits the report required under section 754 to Congress.
                                 ______
                                 
   SA 4138. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title IV add the following:

     SEC. 405. AMENDMENTS TO THE ARMED CAREER CRIMINAL ACT.

       (a) In General.--Section 924 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)(2), by striking ``(a)(6), (d), (g), 
     (h), (i), (j), or (o) of section 922'' and inserting 
     ``(a)(6), (d), (h), (i), (j), or (o) of section 922, or, 
     except as provided in subsection (e) of this section, 
     subsection (g) of section 922''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e)(1) Whoever knowingly violates section 922(g) and has 
     3 or more previous serious felony convictions for offenses 
     committed on occasions different from one another shall be 
     fined under this title and imprisoned not less than 15 years 
     and not more than 30 years, and, notwithstanding any other 
     provision of law, the court shall not suspend the sentence 
     of, or grant a probationary sentence to, such person with 
     respect to the conviction under section 922(g).
       ``(2) In this subsection--
       ``(A) the term `offense punishable by imprisonment for a 
     statutory maximum term of not less than 10 years' includes an 
     offense (without regard to the application of any sentencing 
     guideline, statutory criterion, or judgment that may provide 
     for a shorter period of imprisonment within the statutory 
     sentencing range) for which the statute provides for a range 
     in the period of imprisonment that may be imposed at 
     sentencing the

[[Page S7715]]

     maximum term of which is not less than 10 years; and
       ``(B) the term `serious felony conviction' means--
       ``(i) any conviction by a court referred to in section 
     922(g)(1) for an offense that, at the time of sentencing, was 
     an offense punishable by imprisonment for a statutory maximum 
     term of not less than 10 years; or
       ``(ii) any group of convictions for which a court referred 
     to in section 922(g)(1) imposed in the same proceeding or in 
     consolidated proceedings a total term of imprisonment not 
     less than 10 years, regardless of how many years of that 
     total term the defendant served in custody.''.
       (b) Applicability.--
       (1) In general.--The amendments made by this section shall 
     apply to any offense committed after the date of enactment of 
     this Act by an individual who, on the date on which the 
     offense is committed, has 3 or more previous serious felony 
     convictions (as defined in subsection (e) of section 924 of 
     title 18, United States Code, as amended by this section).
       (2) Rule of construction.--This section and the amendments 
     made by this section shall not be construed to create any 
     right to challenge a sentence imposed under subsection (e) of 
     section 924 of title 18, United States Code.
       (c) Technical and Conforming Amendments.--Section 2901(a) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (34 U.S.C. 10581(a)) is amended--
       (1) in paragraph (1), by striking ``and'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)(ii), by striking ``, as defined in 
     section 924(e)(2)(A) of title 18, United States Code''; and
       (B) in subparagraph (C), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) the term `serious drug offense' means--
       ``(A) an offense under the Controlled Substances Act (21 
     U.S.C. 801 et seq.), the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 
     46, United States Code, for which a maximum term of 
     imprisonment of 10 years or more is prescribed by law; or
       ``(B) an offense under State law, involving manufacturing, 
     distributing, or possessing with intent to manufacture or 
     distribute, a controlled substance (as defined in section 102 
     of the Controlled Substances Act (21 U.S.C. 802)), for which 
     a maximum term of imprisonment of 10 years or more is 
     prescribed by law.''.
                                 ______
                                 
   SA 4139. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CRIMES TARGETING LAW ENFORCEMENT OFFICERS.

       (a) In General.--Chapter 7 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 120. Crimes targeting law enforcement officers

       ``(a) In General.--Whoever, in any circumstance described 
     in subsection (b), knowingly causes bodily injury to any 
     person, or attempts to do so, because of the actual or 
     perceived status of the person as a law enforcement officer--
       ``(1) shall be imprisoned not more than 10 years, fined in 
     accordance with this title, or both; and
       ``(2) shall be imprisoned for any term of years or for 
     life, fined in accordance with this title, or both, if--
       ``(A) death results from the offense; or
       ``(B) the offense includes kidnapping or an attempt to 
     kidnap, or an attempt to kill.
       ``(b) Circumstances Described.--For purposes of subsection 
     (a), the circumstances described in this subparagraph are 
     that--
       ``(1) the conduct described in subsection (a) occurs during 
     the course of, or as the result of, the travel of the 
     defendant or the victim--
       ``(A) across a State line or national border; or
       ``(B) using a channel, facility, or instrumentality of 
     interstate or foreign commerce;
       ``(2) the defendant uses a channel, facility, or 
     instrumentality of interstate or foreign commerce in 
     connection with the conduct described in subsection (a);
       ``(3) in connection with the conduct described in 
     subsection (a), the defendant employs a firearm, dangerous 
     weapon, explosive or incendiary device, or other weapon that 
     has traveled in interstate or foreign commerce; or
       ``(4) the conduct described in subsection (a)--
       ``(A) interferes with commercial or other economic activity 
     in which the victim is engaged at the time of the conduct; or
       ``(B) otherwise affects interstate or foreign commerce.
       ``(c) Certification Requirement.--
       ``(1) In general.--No prosecution of any offense described 
     in this section may be undertaken by the United States, 
     except under the certification in writing of the Attorney 
     General, or a designee, that--
       ``(A) the State does not have jurisdiction;
       ``(B) the State has requested that the Federal Government 
     assume jurisdiction;
       ``(C) the verdict or sentence obtained pursuant to State 
     charges left demonstratively unvindicated the Federal 
     interest in protecting the public safety; or
       ``(D) a prosecution by the United States is in the public 
     interest and necessary to secure substantial justice.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to limit the authority of Federal 
     officers, or a Federal grand jury, to investigate possible 
     violations of this section.
       ``(d) Guidelines.--All prosecutions conducted by the United 
     States under this section shall be undertaken pursuant to 
     guidelines issued by the Attorney General, or the designee of 
     the Attorney General, to be included in the United States 
     Attorneys' Manual that shall establish neutral and objective 
     criteria for determining whether a crime was committed 
     because of the actual or perceived status of any person.
       ``(e) Statute of Limitations.--
       ``(1) Offenses not resulting in death.--Except as provided 
     in paragraph (2), no person shall be prosecuted, tried, or 
     punished for any offense under this section unless the 
     indictment for such offense is found, or the information for 
     such offense is instituted, not later than 7 years after the 
     date on which the offense was committed.
       ``(2) Offenses resulting in death.--An indictment or 
     information alleging that an offense under this section 
     resulted in death may be found or instituted at any time 
     without limitation.
       ``(f) Definitions.--In this section:
       ``(1) Law enforcement officer.--The term `law enforcement 
     officer' means an employee of a governmental or public agency 
     who is authorized by law--
       ``(A) to engage in or supervise the prevention, detention, 
     investigation, or the incarceration of any person for any 
     criminal violation of law; and
       ``(B) to apprehend or arrest a person for any criminal 
     violation of law.
       ``(2) State.--The term `State' includes the District of 
     Columbia, Puerto Rico, and any other territory or possession 
     of the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``120. Crimes targeting law enforcement officers.''.
                                 ______
                                 
  SA 4140. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 4109 proposed by Mr. McConnell (for Mr. Kennedy (for 
himself and Mr. Cotton)) to the amendment SA 4108 proposed by Mr. 
McConnell (for Mr. Grassley) to the bill S. 756, to reauthorize and 
amend the Marine Debris Act to promote international action to reduce 
marine debris, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

       In section 3632(d)(4)(D) of title 18, United States Code, 
     as added by section 101 of this Act, add at the end the 
     following:
       ``(liii) Section 32, relating to destruction of aircraft or 
     aircraft facilities.
       ``(liv) Section 33, relating to destruction of motor 
     vehicles or motor vehicle facilities.
       ``(lv) Section 36, relating to drive-by shootings.
       ``(lvi) Section 871, relating to threats against the 
     President and successors to the Presidency.
       ``(lvii) Section 879, relating to threats against former 
     Presidents and certain other persons.
       ``(lviii) Section 1091, relating to genocide.''.
       ``(lviv) Section 2119, relating to taking a motor vehicle 
     (commonly referred to as `carjacking').

       Notwithstanding any other provision of this Act, insert the 
     following:

     SEC. 106. 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 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.
       Notwithstanding any other provision of this Act, insert the 
     following:

[[Page S7716]]

  


     SEC. 107. INDEPENDENT REVIEW COMMITTEE.

       (a) In General.--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. 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) developing recommendations regarding evidence-based 
     recidivism reduction programs and productive activities;
       (3) conducting research and data analysis on--
       (A) evidence-based recidivism reduction programs relating 
     to the use of prisoner risk and needs assessment tools;
       (B) the most effective and efficient uses of such programs; 
     and
       (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
       (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 1 year after the date of 
     enactment of this Act and annually for each year until the 
     Independent Review Committee terminates under this section, 
     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 public report that includes--
       (1) a list of all offenses of conviction for which 
     prisoners were ineligible to receive time credits under 
     section 3632(d)(4)(D) of title 18, United States Code, as 
     added by 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) 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 5 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.
                                 ______
                                 
  SA 4141. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 149, strike line 12 and insert the following:
     shall be prohibited.
       ``(c) Rule of Construction.--Nothing in this section may be 
     construed to impose any requirement on a State or local law 
     enforcement agency.''.
                                 ______
                                 
  SA 4142. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       In section 3632 of title 18, United States Code, as added 
     by section 101 of this Act--
       (1) in subsection (a)--
       (A) in paragraph (6), insert ``and'' at the end;
       (B) strike paragraph (7); and
       (C) redesignate paragraph (8) as paragraph (7);
       (2) in subsection (d)--
       (A) strike paragraph (4); and
       (B) redesignate paragraphs (5) and (6) as paragraphs (4) 
     and (5), respectively; and
       (3) strike subsection (e) and insert the following:
       ``(e) Penalties.--The Director of the Bureau of Prisons 
     shall develop guidelines for the reduction of rewards and 
     incentives earned under subsection (d) for prisoners who 
     violate prison rules or evidence-based recidivism reduction 
     program or productive activity rules, which shall provide 
     general levels of violations and resulting reductions.''.
       In section 3634(6)(A) of title 18, United States Code, as 
     added by section 101 of this Act, strike ``under section 
     3624(g)''.
       In section 102--
       (1) strike ``(a) implementation of system generally.--''; 
     and
       (2) strike subsection (b).
       In section 103--
       (1) strike paragraphs (3) and (7); and
       (2) redesignate--
       (A) paragraphs (4) through (6) as paragraphs (3) through 
     (5), respectively; and
       (B) paragraph (8) as paragraph (6).
       In section 107--
       (1) strike subsection (g); and
       (2) redesignate subsection (h) as subsection (g).
       Strike title IV.
       Redesignate titles V and VI as titles IV and V, 
     respectively.
       Strike section 502, as redesignated.
       Redesignate sections 503 through 513, as redesignated, as 
     sections 502 through 512, respectively.
       In section 503(a)--
       (1) in paragraph (3), strike ``504(b)(1)(A)'' and insert 
     ``404(b)(1)(A)''; and
       (2) in paragraph (5)(A)(ii), strike ``504(b)(1)(B)'' and 
     insert ``404(b)(1)(B)''.
                                 ______
                                 
  SA 4143. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       In section 3631 of title 18, United States Code, as added 
     by section 101(a) of this Act--
       (1) in subsection (a)--
       (A) in paragraph (4), add ``and'' at the end;
       (B) in paragraph (5), strike ``; and'' and insert a period; 
     and
       (C) strike paragraph (6).
       In section 3632 of title 18, United States Code, as added 
     by section 101(a) of this Act--
       (1) in subsection (a), strike ``, in consultation with the 
     Independent Review Committee authorized by the First Step Act 
     of 2018,''; and
       (2) in subsection (d)--
       (A) in paragraph (4)--
       (i) in subparagraph (C), strike the period at the end and 
     insert ``, except that the Director of the Bureau of Prisons 
     may deny such a transfer if the warden of the prison finds 
     that the prisoner should not be transferred into prerelease 
     custody based on the prisoner's programmatic needs, the 
     prisoner's conduct or actions after the conviction of such 
     prisoner, the prisoner's risk of recidivism, the availability 
     of the Bureau of Prisons' resources to ensure adequate 
     supervision of the prisoner while in prerelease custody, and 
     other conditions that the Director of the Bureau of Prisons 
     determines are appropriate for public safety or recidivism 
     reduction purposes. The determination of whether the prisoner 
     should be transferred into prerelease custody or supervised 
     release under this paragraph shall not be reviewable by any 
     court.''; and
       (ii) in strike subparagraph (E)(i) and insert the 
     following:
       ``(i) In general.--A prisoner is ineligible to apply time 
     credits under subparagraph (C) if the prisoner is--

       ``(I) the subject to an immigration detainer or to 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))); or

[[Page S7717]]

       ``(II) is found by the Director of the Bureau of Prisons to 
     be likely to be a deportable alien described in section 
     237(a) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)).''; and

       (B) in paragraph (6), insert ``, except no activity that 
     earns a prisoner credit for any other incentive or reward 
     shall earn the prisoner any incentives under this 
     subsection'' before the period at the end.
       In section 3633(a) of title 18, United States Code, as 
     added by section 101(a) of this Act, strike ``, in 
     consultation with the Independent Review Committee authorized 
     by the First Step Act of 2018,''.

       In section 3635 of title 18, United States Code, as added 
     by section 101(a) of this Act--
       (1) in paragraph (3)--
       (A) in subparagraph (B), strike ``and'' at the end;
       (B) in subparagraph (C)(xiii), strike the period at the end 
     and insert ``; and''; and
       (C) add at the end the following:
       ``(D) may not include any training that would enhance the 
     capacity of the prisoner to commit any crime similar to those 
     for which the prisoner is incarcerated.'';
       (2) strike paragraph (5);
       (3) redesignate paragraph (6) as paragraph (5).
       In section 3624(g) of title 18, United States Code, as 
     added by section 102(b) of this Act--
       (1) strike paragraph (1)(D) and insert the following:
       ``(D) has been determined under the System to be a minimum 
     or low risk to recidivate pursuant to the last 2 
     reassessments of the prisoner.''; and
       (2) strike paragraph (2)(A) and insert the following:
       ``(A) Home confinement.--
       ``(i) In general.--A prisoner placed in prerelease custody 
     pursuant to this subsection who is placed in home confinement 
     shall--

       ``(I) be subject to 24-hour electronic monitoring that 
     enables the prompt identification of the 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) 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.''.
       Strike section 107.
       Strike section 602.
       Redesignate sections 603 through 613, as redesignated, as 
     sections 602 through 612, respectively.
                                 ______
                                 
  SA 4144. Mr. SASSE submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:
       On page 13, strike lines 1 through 14 and insert the 
     following:
       ``(ii) Section 111, relating to assaulting, resisting, or 
     impeding certain officers or employees.
       ``(iii) Section 113(a), relating to assaults within 
     maritime and territorial jurisdiction.
       On page 15, line 14, strike ``section 1112'' and all that 
     follows through ``manslaughter),'' on line 18.
       On page 16, line 3, strike ``persons,'' and all that 
     follows through the end of line 4 and insert ``persons.''.
       On page 16, strike line 20 and all that follows through 
     page 17, line 7, and insert the following:
       ``(xxvii) Subsection (a), (d), or (e) of section 2113, 
     relating to certain bank robberies and incidental crimes.
       ``(xxviii) Subsection (a) or (c) of section 2118, relating 
     to certain robberies and burglaries involving controlled 
     substances.
       ``(xxix) Section 2119, relating to taking a motor vehicle 
     (commonly referred to as `carjacking').
       On page 20, strike line 19 and all that follows through 
     page 21, line 2, and insert the following:
       ``(lii) Section 401 of the Controlled Substances Act (21 
     U.S.C. 841), relating to manufacturing or distributing a 
     controlled substance.
       On page 24, line 1, strike ``(lii)'' and insert ``(lxii)''.
       On page 24, after line 24, add the following:
       ``(lxiii) Any offense under Federal law that is a crime of 
     violence, as defined in section 16.
       ``(lxiv) Any offense under Federal law that is a sex 
     offense, as defined in section 111 of the Adam Walsh Child 
     Protection and Safety Act of 2006 (34 U.S.C. 20911).
       ``(lxv) Section 36, relating to drive-by-shootings.
       ``(lxvi) Section 114, relating to maiming within maritime 
     and territorial jurisdiction.
       ``(lxvii) Section 249, relating to hate crimes.
       ``(lxviii) Section 2101, relating to riots.
       ``(lxix) Section 2111, relating to robbery within the 
     special maritime and territorial jurisdiction of the United 
     States.
       ``(lxx) Section 2261, relating to interstate domestic 
     violence.
       ``(lxxi) Section 2261A, relating to stalking.
       ``(lxxii) Section 2421, relating to transportation for 
     illegal sexual activity.
       ``(lxxiii) Section 2422, relating to coercion and 
     enticement relating to transportation for illegal sexual 
     activity.
       ``(lxxiv) Section 2423, relating to transportation of 
     minors for illegal sexual activity.
       ``(lxxv) Section 2425, relating to the use of interstate 
     facilities to transmit information about a minor relating to 
     illegal sexual activity.
       ``(lxxvi) Section 1010 or 1012 of the Controlled Substances 
     Import Export Act (21 U.S.C. 960, 962), relating to importing 
     or exporting controlled substances.
       ``(lxxvii) Section 70506 of title 46, United States Code, 
     relating to maritime drug law enforcement.
       On page 70, strike line 2 and all that follows through page 
     74, line 21.
                                 ______
                                 
  SA 4145. Mr. PETERS (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed to amendment SA 4108 proposed by Mr. 
McConnell (for Mr. Grassley) to the bill S. 756, to reauthorize and 
amend the Marine Debris Act to promote international action to reduce 
marine debris, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of title VI, add the following:

     SEC. 614. NATIONAL CRIMINAL JUSTICE COMMISSION.

       (a) Findings.--Congress finds that--
       (1) it is in the interest of the Nation to establish a 
     commission to undertake a comprehensive review of the 
     criminal justice system;
       (2) there has not been a comprehensive study since the 
     President's Commission on Law Enforcement and Administration 
     of Justice was established in 1965;
       (3) that commission, in a span of 18 months, produced a 
     comprehensive report entitled ``The Challenge of Crime in a 
     Free Society'', which contained 200 specific recommendations 
     on all aspects of the criminal justice system involving 
     Federal, State, Tribal, and local governments, civic 
     organizations, religious institutions, business groups, and 
     individual citizens; and
       (4) developments over the intervening 50 years require once 
     again that Federal, State, Tribal, and local governments, law 
     enforcement agencies, including rank and file officers, civil 
     rights organizations, community-based organization leaders, 
     civic organizations, religious institutions, business groups, 
     and individual citizens come together to review evidence and 
     consider how to improve the criminal justice system.
       (b) Establishment of Commission.--There is established a 
     commission to be known as the ``National Criminal Justice 
     Commission'' (referred to in this section as the 
     ``Commission'').
       (c) Purpose of the Commission.--The Commission shall--
       (1) undertake a comprehensive review of the criminal 
     justice system;
       (2) make recommendations for Federal criminal justice 
     reform to the President and Congress; and
       (3) disseminate findings and supplemental guidance to the 
     Federal Government, as well as to State, local, and Tribal 
     governments.
       (d) Review, Recommendations, and Report.--
       (1) General review.--The Commission shall undertake a 
     comprehensive review of all areas of the criminal justice 
     system, including Federal, State, local, and Tribal 
     governments' criminal justice costs, practices, and policies.
       (2) Recommendations.--
       (A) In general.--Not later than 18 months after the first 
     meeting of the Commission, the Commission shall submit to the 
     President and Congress recommendations for changes in Federal 
     oversight, policies, practices, and laws designed to prevent, 
     deter, and reduce crime and violence, reduce recidivism, 
     improve cost-effectiveness, and ensure the interests of 
     justice at every step of the criminal justice system.
       (B) Unanimous consent required.--A recommendation of the 
     Commission may be adopted and submitted under subparagraph 
     (A) if the recommendation is approved by a unanimous vote of 
     the Commissioners at a meeting where a quorum is present 
     pursuant to subsection (e)(4).
       (C) Requirement.--The recommendations submitted under this 
     paragraph shall be made available to the public.
       (3) Report.--
       (A) In general.--Not later than 18 months after the first 
     meeting of the Commission,

[[Page S7718]]

     the Commission shall also disseminate to the Federal 
     Government, as well as to State, local, and Tribal 
     governments, a report that details the findings and 
     supplemental guidance of the Commission regarding the 
     criminal justice system at all levels of government.
       (B) Majority vote required.--Commission findings and 
     supplemental guidance may be adopted and included in the 
     report required under subparagraph (A) if the findings or 
     guidance is approved by a majority vote of the Commissioners 
     at a meeting where a quorum is present pursuant to subsection 
     (e)(4), except that any Commissioners dissenting from 
     particular finding or supplemental guidance shall have the 
     right to state the reason for their dissent in writing and 
     such dissent shall be included in the report of the 
     Commission.
       (C) Requirement.--The report submitted under this paragraph 
     shall be made available to the public.
       (4) Prior commissions.--The Commission shall take into 
     consideration the work of prior relevant commissions in 
     conducting its review.
       (5) State and local government.--In issuing its 
     recommendations and report under this subsection, the 
     Commission shall not infringe on the legitimate rights of the 
     States to determine their own criminal laws or the 
     enforcement of such laws.
       (6) Public hearings.--The Commission shall conduct public 
     hearings in various locations around the United States.
       (7) Consultation with government and nongovernment 
     representatives.--
       (A) In general.--The Commission shall--
       (i) closely consult with Federal, State, local, and Tribal 
     government and nongovernmental leaders, including State, 
     local, and Tribal law enforcement officials, including rank 
     and file officers, legislators, public health officials, 
     judges, court administrators, prosecutors, defense counsel, 
     victims' rights organizations, probation and parole 
     officials, criminal justice planners, criminologists, civil 
     rights and liberties organizations, community-based 
     organization leaders, formerly incarcerated individuals, 
     professional organizations, and corrections officials; and
       (ii) include in the final report required under paragraph 
     (3) summaries of the input and recommendations of those 
     leaders.
       (B) United states sentencing commission.--To the extent the 
     review and recommendations required by this subsection relate 
     to sentencing policies and practices for the Federal criminal 
     justice system, the Commission shall conduct such review and 
     make such recommendations in consultation with the United 
     States Sentencing Commission.
       (8) Sense of congress, goal of unanimity.--It is the sense 
     of the Congress that, given the national importance of the 
     matters before the Commission, the Commission should work 
     toward unanimously supported findings and supplemental 
     guidance, and that unanimously supported findings and 
     supplemental guidance should take precedence over those 
     findings and supplemental guidance that are not unanimously 
     supported.
       (e) Membership.--
       (1) In general.--The Commission shall be composed of 14 
     members, as follows:
       (A) One member shall be appointed by the President, and 
     shall serve as co-chairman of the Commission.
       (B) One member, who shall be a member of the opposite party 
     of the President, shall be appointed by the leader of the 
     Senate, in consultation with the leader of the House of 
     Representatives, and shall serve as co-chairman of the 
     Commission.
       (C) Two members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party, in 
     consultation with the Democratic leadership of the Committee 
     on the Judiciary.
       (D) Two members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party, in 
     consultation with the Republican leadership of the Committee 
     on the Judiciary.
       (E) Two members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party, in consultation with the Republican 
     leadership of the Committee on the Judiciary.
       (F) Two members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party, in consultation with the Democratic 
     leadership of the Committee on the Judiciary.
       (G) Two members, who shall be State and local 
     representatives, shall be appointed by the President in 
     agreement with the leader of the Senate (majority or minority 
     leader, as the case may be) of the Republican Party and the 
     leader of the House of Representatives (majority or minority 
     leader, as the case may be) of the Republican Party.
       (H) Two members, who shall be State and local 
     representatives, shall be appointed by the President in 
     agreement with the leader of the Senate (majority or minority 
     leader, as the case may be) of the Democratic Party and the 
     leader of the House of Representatives (majority or minority 
     leader, as the case may be) of the Democratic Party.
       (2) Membership.--
       (A) Qualifications.--The individuals appointed from private 
     life as members of the Commission shall be individuals with 
     distinguished reputations for integrity and nonpartisanship 
     who are nationally recognized for expertise, knowledge, or 
     experience in such relevant areas as--
       (i) law enforcement;
       (ii) criminal justice;
       (iii) national security;
       (iv) prison and jail administration;
       (v) prisoner reentry;
       (vi) public health, including physical and sexual 
     victimization, drug addiction and mental health;
       (vii) victims' rights;
       (viii) civil rights;
       (ix) civil liberties;
       (x) court administration;
       (xi) social services; and
       (xii) State, local, and Tribal government.
       (B) Disqualification.--An individual shall not be appointed 
     as a member of the Commission if such individual possesses 
     any personal financial interest in the discharge of any of 
     the duties of the Commission.
       (C) Terms.--Members shall be appointed for the life of the 
     Commission.
       (3) Appointment; first meeting.--
       (A) Appointment.--Members of the Commission shall be 
     appointed not later than 45 days after the date of the 
     enactment of this Act.
       (B) First meeting.--The Commission shall hold its first 
     meeting on the date that is 60 days after the date of 
     enactment of this Act, or not later than 30 days after the 
     date on which funds are made available for the Commission, 
     whichever is later.
       (C) Ethics.--At the first meeting of the Commission, the 
     Commission shall draft appropriate ethics guidelines for 
     commissioners and staff, including guidelines relating to 
     conflict of interest and financial disclosure. The Commission 
     shall consult with the Senate and House Committees on the 
     Judiciary as a part of drafting the guidelines and furnish 
     the committees with a copy of the completed guidelines.
       (4) Meetings; quorum; vacancies.--
       (A) Meetings.--The Commission shall meet at the call of the 
     co-chairs or a majority of its members.
       (B) Quorum.--Eight members of the Commission shall 
     constitute a quorum for purposes of conducting business, 
     except that 2 members of the Commission shall constitute a 
     quorum for purposes of receiving testimony.
       (C) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made. If vacancies in the 
     Commission occur on any day after 45 days after the date of 
     the enactment of this Act, a quorum shall consist of a 
     majority of the members of the Commission as of such day, so 
     long as not less than 1 Commission member chosen by a member 
     of each party, Republican and Democratic, is present.
       (5) Actions of commission.--
       (A) In general.--The Commission--
       (i) shall, subject to the requirements of subsection (d), 
     act by resolution agreed to by a majority of the members of 
     the Commission voting and present; and
       (ii) may establish panels composed of less than the full 
     membership of the Commission for purposes of carrying out the 
     duties of the Commission under this title--

       (I) which shall be subject to the review and control of the 
     Commission; and
       (II) any findings and determinations made by such a panel 
     shall not be considered the findings and determinations of 
     the Commission unless approved by the Commission.

       (B) Delegation.--Any member, agent, or staff of the 
     Commission may, if authorized by the co-chairs of the 
     Commission, take any action which the Commission is 
     authorized to take pursuant to this section.
       (f) Administration.--
       (1) Staff.--
       (A) Executive director.--The Commission shall have a staff 
     headed by an Executive Director. The Executive Director shall 
     be paid at a rate established for the Certified Plan pay 
     level for the Senior Executive Service under section 5382 of 
     title 5, United States Code.
       (B) Appointment and compensation.--The co-chairs of the 
     Commission shall designate and fix the compensation of the 
     Executive Director and, in accordance with rules agreed upon 
     by the Commission, may appoint and fix the compensation of 
     such other personnel as may be necessary to enable the 
     Commission to carry out its functions, without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of such title relating to classification and General 
     Schedule pay rates, except that no rate of pay fixed under 
     this paragraph may exceed the equivalent of that payable for 
     a position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (C) Personnel as federal employees.--
       (i) In general.--The Executive Director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (ii) Members of commission.--Clause (i) shall not be 
     construed to apply to members of the Commission.
       (D) The compensation of commissioners.--Each member of the 
     Commission may be compensated at not to exceed the daily 
     equivalent of the annual rate of basic pay in effect for a 
     position at level V of the Executive Schedule under section 
     5315 of title 5, United States Code, for each day during 
     which that member is engaged in the actual

[[Page S7719]]

     performance of the duties of the Commission. All members of 
     the Commission who are officers or employees of the United 
     States, State, or local government shall serve without 
     compensation in addition to that received for their services 
     as officers or employees.
       (E) Travel expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.
       (2) Experts and consultants.--With the approval of the 
     Commission, the Executive Director may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code.
       (3) Detail of government employees.--Upon the request of 
     the Commission, the head of any Federal agency may detail, 
     without reimbursement, any of the personnel of such agency to 
     the Commission to assist in carrying out the duties of the 
     Commission. Any such detail shall not interrupt or otherwise 
     affect the civil service status or privileges of the Federal 
     employee.
       (4) Other resources.--The Commission shall have reasonable 
     access to materials, resources, statistical data, and other 
     information such Commission determines to be necessary to 
     carry out its duties from the Library of Congress, the 
     Department of Justice, the Office of National Drug Control 
     Policy, the Department of State, and other agencies of the 
     executive and legislative branches of the Federal Government. 
     The co-chairs of the Commission shall make requests for such 
     access in writing when necessary.
       (5) Volunteer services.--Notwithstanding the provisions of 
     section 1342 of title 31, United States Code, the Commission 
     is authorized to accept and utilize the services of 
     volunteers serving without compensation. The Commission may 
     reimburse such volunteers for local travel and office 
     supplies, and for other travel expenses, including per diem 
     in lieu of subsistence, as authorized by section 5703 of 
     title 5, United States Code. A person providing volunteer 
     services to the Commission shall be considered an employee of 
     the Federal Government in performance of those services for 
     the purposes of chapter 81 of title 5, United States Code, 
     relating to compensation for work-related injuries, chapter 
     171 of title 28, United States Code, relating to tort claims, 
     and chapter 11 of title 18, United States Code, relating to 
     conflicts of interest.
       (6) Obtaining official data.--The Commission may secure 
     directly from any agency of the United States information 
     necessary to enable it to carry out this section. Upon the 
     request of the co-chairs of the Commission, the head of that 
     department or agency shall furnish that information to the 
     Commission. The Commission shall not have access to sensitive 
     information regarding ongoing investigations.
       (7) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the United States.
       (8) Administrative reporting.--The Commission shall issue 
     biannual status reports to Congress regarding the use of 
     resources, salaries, and all expenditures of appropriated 
     funds.
       (9) Contracts.--The Commission is authorized to enter into 
     contracts with Federal and State agencies, private firms, 
     institutions, and individuals for the conduct of activities 
     necessary to the discharge of its duties and 
     responsibilities. A contract, lease or other legal agreement 
     entered into by the Commission may not extend beyond the date 
     of the termination of the Commission.
       (10) Gifts.--Subject to existing law, the Commission may 
     accept, use, and dispose of gifts or donations of services or 
     property.
       (11) Administrative assistance.--The Administrator of 
     General Services shall provide to the Commission, on a 
     reimbursable basis, the administrative support services 
     necessary for the Commission to carry out its 
     responsibilities under this section. These administrative 
     services may include human resource management, budget, 
     leasing, accounting, and payroll services.
       (12) Nonapplicability of faca and public access to meetings 
     and minutes.--
       (A) In general.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (B) Meetings and minutes.--
       (i) Meetings.--

       (I) Administration.--All meetings of the Commission shall 
     be open to the public, except that a meeting or any portion 
     of it may be closed to the public if it concerns matters or 
     information described in section 552b(c) of title 5, United 
     States Code. Interested persons shall be permitted to appear 
     at open meetings and present oral or written statements on 
     the subject matter of the meeting. The Commission may 
     administer oaths or affirmations to any person appearing 
     before it.
       (II) Notice.--All open meetings of the Commission shall be 
     preceded by timely public notice in the Federal Register of 
     the time, place, and subject of the meeting.

       (ii) Minutes and public availability.--Minutes of each open 
     meeting shall be kept and shall contain a record of the 
     people present, a description of the discussion that 
     occurred, and copies of all statements filed. The minutes and 
     records of all open meetings and other documents that were 
     made available to or prepared for the Commission shall be 
     available for public inspection and copying at a single 
     location in the offices of the Commission.
       (13) Archiving.--Not later than the date of termination of 
     the Commission, all records and papers of the Commission 
     shall be delivered to the Archivist of the United States for 
     deposit in the National Archives.
       (g) Authorization for Use of Funds.--For each of fiscal 
     years 2019 and 2020, the Attorney General may use, from any 
     unobligated balances made available under the heading 
     ``General Administration'' to the Department of Justice in an 
     appropriations Act, such amounts as are necessary, not to 
     exceed $7,000,000 per fiscal year and not to exceed 
     $14,000,000 total for both fiscal years, to carry out this 
     section, except that none of the funds authorized to be used 
     to carry out this section may be used for international 
     travel.
       (h) Sunset.--The Commission shall terminate 60 days after 
     the Commission submits the report required under subsection 
     (d)(3) to Congress.
                                 ______
                                 
  SA 4146. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the 
bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 130, strike line 9 and all that follows 
     through page 132, line 6, and insert the following:

     SEC. 605. GAO REPORT.

       Beginning not later than 90 days
                                 ______
                                 
  SA 4147. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 756, to reauthorize and amend the Marine Debris 
Act to promote international action to reduce marine debris, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:
       The provisions in this Act shall go into effect 1 day after 
     enactment.
                                 ______
                                 
  SA 4148. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 756, to reauthorize and amend the Marine Debris 
Act to promote international action to reduce marine debris, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:
       The provisions in this Act shall go into effect 2 days 
     after enactment.

                                 ______
                                 
  SA 4149. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to 
the bill S. 756, to reauthorize and amend the Marine Debris Act to 
promote international action to reduce marine debris, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 6, line 9, strike ``210'' and insert ``211''.

                                 ______
                                 
  SA 4150. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to 
the bill S. 756, to reauthorize and amend the Marine Debris Act to 
promote international action to reduce marine debris, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 614. OFFICE FOR ACCESS TO JUSTICE.

       The Attorney General shall reestablish the Office for 
     Access to Justice as a separate office of the Department of 
     Justice that is not within any other office or agency of the 
     Department of Justice.
                                 ______
                                 
  SA 4151. Mr. MENENDEZ submitted an amendment intended to be proposed 
to amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to 
the bill S. 756, to reauthorize and amend the Marine Debris Act to 
promote international action to reduce marine debris, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 614. ACCESS TO RECIDIVISM REDUCTION PROGRAMMING IN OTHER 
                   LANGUAGES.

       Any recidivism reduction programming provided or funded 
     under this Act or an amendment made by this Act shall, upon 
     request of a prisoner, be provided to the prisoner in his or 
     her primary language.
                                 ______
                                 
   SA 4152. Mr. BOOKER (for himself and Mr. Johnson) submitted an 
amendment intended to be proposed to amendment SA 4108 proposed by Mr. 
McConnell (for Mr. Grassley) to the

[[Page S7720]]

bill S. 756, to reauthorize and amend the Marine Debris Act to promote 
international action to reduce marine debris, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 614. FAIR CHANCE ACT.

       (a) Short Title.--This section may be cited as the ``Fair 
     Chance to Compete for Jobs Act of 2018'' or the ``Fair Chance 
     Act''.
       (b) Prohibition on Criminal History Inquiries Prior to 
     Conditional Offer for Federal Employment.--
       (1) In general.--Subpart H of part III of title 5, United 
     States Code, is amended by adding at the end the following:

   ``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO 
                           CONDITIONAL OFFER

``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record 
              information.
``9203. Agency policies; whistleblower complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.

     ``Sec. 9201. Definitions

       ``In this chapter--
       ``(1) the term `agency' means `Executive agency' as such 
     term is defined in section 105 and includes--
       ``(A) the United States Postal Service and the Postal 
     Regulatory Commission; and
       ``(B) the Executive Office of the President;
       ``(2) the term `appointing authority' means an employee in 
     the executive branch of the Government of the United States 
     that has authority to make appointments to positions in the 
     civil service;
       ``(3) the term `conditional offer' means an offer of 
     employment in a position in the civil service that is 
     conditioned upon the results of a criminal history inquiry;
       ``(4) the term `criminal history record information'--
       ``(A) except as provided in subparagraphs (B) and (C), has 
     the meaning given the term in section 9101(a);
       ``(B) includes any information described in the first 
     sentence of section 9101(a)(2) that has been sealed or 
     expunged pursuant to law; and
       ``(C) includes information collected by a criminal justice 
     agency, relating to an act or alleged act of juvenile 
     delinquency, that is analogous to criminal history record 
     information (including such information that has been sealed 
     or expunged pursuant to law); and
       ``(5) the term `suspension' has the meaning given the term 
     in section 7501.

     ``Sec. 9202. Limitations on requests for criminal history 
       record information

       ``(a) Inquiries Prior to Conditional Offer.--Except as 
     provided in subsections (b) and (c), an employee of an agency 
     may not request, in oral or written form (including through 
     the Declaration for Federal Employment (Office of Personnel 
     Management Optional Form 306) or any similar successor form, 
     the USAJOBS Internet Web site, or any other electronic means) 
     that an applicant for an appointment to a position in the 
     civil service disclose criminal history record information 
     regarding the applicant before the appointing authority 
     extends a conditional offer to the applicant.
       ``(b) Otherwise Required by Law.--The prohibition under 
     subsection (a) shall not apply with respect to an applicant 
     for a position in the civil service if consideration of 
     criminal history record information prior to a conditional 
     offer with respect to the position is otherwise required by 
     law.
       ``(c) Exception for Certain Positions.--
       ``(1) In general.--The prohibition under subsection (a) 
     shall not apply with respect to an applicant for an 
     appointment to a position--
       ``(A) that requires a determination of eligibility 
     described in clause (i), (ii), or (iii) of section 
     9101(b)(1)(A);
       ``(B) as a Federal law enforcement officer (as defined in 
     section 115(c) of title 18); or
       ``(C) identified by the Director of the Office of Personnel 
     Management in the regulations issued under paragraph (2).
       ``(2) Regulations.--
       ``(A) Issuance.--The Director of the Office of Personnel 
     Management shall issue regulations identifying additional 
     positions with respect to which the prohibition under 
     subsection (a) shall not apply, giving due consideration to 
     positions that involve interaction with minors, access to 
     sensitive information, or managing financial transactions.
       ``(B) Compliance with civil rights laws.--The regulations 
     issued under subparagraph (A) shall--
       ``(i) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(ii) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

     ``Sec. 9203. Agency policies; complaint procedures

       ``The Director of the Office of Personnel Management 
     shall--
       ``(1) develop, implement, and publish a policy to assist 
     employees of agencies in complying with section 9202 and the 
     regulations issued pursuant to such section; and
       ``(2) establish and publish procedures under which an 
     applicant for an appointment to a position in the civil 
     service may submit a complaint, or any other information, 
     relating to compliance by an employee of an agency with 
     section 9202.

     ``Sec. 9204. Adverse action

       ``(a) First Violation.--If the Director of the Office of 
     Personnel Management determines, after notice and an 
     opportunity for a hearing on the record, that an employee of 
     an agency has violated section 9202, the Director shall--
       ``(1) issue to the employee a written warning that includes 
     a description of the violation and the additional penalties 
     that may apply for subsequent violations; and
       ``(2) file such warning in the employee's official 
     personnel record file.
       ``(b) Subsequent Violations.--If the Director of the Office 
     of Personnel Management determines, after notice and an 
     opportunity for a hearing on the record, that an employee 
     that was subject to subsection (a) has committed a subsequent 
     violation of section 9202, the Director may take the 
     following action:
       ``(1) For a second violation, suspension of the employee 
     for a period of not more than 7 days.
       ``(2) For a third violation, suspension of the employee for 
     a period of more than 7 days.
       ``(3) For a fourth violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $250.
       ``(4) For a fifth violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $500.
       ``(5) For any subsequent violation--
       ``(A) suspension of the employee for a period of more than 
     7 days; and
       ``(B) a civil penalty against the employee in an amount 
     that is not more than $1,000.

     ``Sec. 9205. Procedures

       ``(a) Appeals.--The Director of the Office of Personnel 
     Management shall by rule establish procedures providing for 
     an appeal from any adverse action taken under section 9204 by 
     not later than 30 days after the date of the action.
       ``(b) Applicability of Other Laws.--An adverse action taken 
     under section 9204 (including a determination in an appeal 
     from such an action under subsection (a) of this section) 
     shall not be subject to--
       ``(1) the procedures under chapter 75; or
       ``(2) except as provided in subsection (a) of this section, 
     appeal or judicial review.

     ``Sec. 9206. Rules of construction

       ``Nothing in this chapter may be construed to--
       ``(1) authorize any officer or employee of an agency to 
     request the disclosure of information described under 
     subparagraphs (B) and (C) of section 9201(4); or
       ``(2) create a private right of action for any person.''.
       (2) Regulations; effective date.--
       (A) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall issue such regulations as are 
     necessary to carry out chapter 92 of title 5, United States 
     Code (as added by this section).
       (B) Effective date.--Section 9202 of title 5, United States 
     Code (as added by this section), shall take effect on the 
     date that is 2 years after the date of enactment of this Act.
       (3) Technical and conforming amendment.--The table of 
     chapters for part III of title 5, United States Code, is 
     amended by inserting after the item relating to chapter 91 
     the following:

``92. Prohibition on criminal history inquiries prior to conditional 
    offer...................................................9201''.....

       (4) Application to legislative branch.--
       (A) In general.--The Congressional Accountability Act of 
     1995 (2 U.S.C. 1301 et seq.) is amended--
       (i) in section 102(a) (2 U.S.C. 1302(a)), by adding at the 
     end the following:
       ``(12) Section 9202 of title 5, United States Code.'';
       (ii) by redesignating section 207 (2 U.S.C. 1317) as 
     section 208; and
       (iii) by inserting after section 206 (2 U.S.C. 1316) the 
     following new section:

     ``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL 
                   HISTORY INQUIRIES.

       ``(a) Definitions.--In this section, the terms `agency', 
     `criminal history record information', and `suspension' have 
     the meanings given the terms in section 9201 of title 5, 
     United States Code, except as otherwise modified by this 
     section.
       ``(b) Restrictions on Criminal History Inquiries.--
       ``(1) In general.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an employee of an employing office may not request that an 
     applicant for employment as a covered employee disclose 
     criminal history record information if the request would be 
     prohibited under section 9202 of title 5, United States Code, 
     if made by an employee of an agency.
       ``(B) Conditional offer.--For purposes of applying that 
     section 9202 under subparagraph (A), a reference in that 
     section 9202 to a conditional offer shall be considered to be

[[Page S7721]]

     an offer of employment as a covered employee that is 
     conditioned upon the results of a criminal history inquiry.
       ``(2) Rules of construction.--The provisions of section 
     9206 of title 5, United States Code, shall apply to employing 
     offices, consistent with regulations issued under subsection 
     (d).
       ``(c) Remedy.--
       ``(1) In general.--The remedy for a violation of subsection 
     (b)(1) shall be such remedy as would be appropriate if 
     awarded under section 9204 of title 5, United States Code, if 
     the violation had been committed by an employee of an agency, 
     consistent with regulations issued under subsection (d), 
     except that the reference in that section to a suspension 
     shall be considered to be a suspension with the level of 
     compensation provided for a covered employee who is taking 
     unpaid leave under section 202.
       ``(2) Process for obtaining relief.--An applicant for 
     employment as a covered employee who alleges a violation of 
     subsection (b)(1) may rely on the provisions of title IV 
     (other than sections 404(2), 407, and 408), consistent with 
     regulations issued under subsection (d).
       ``(d) Regulations to Implement Section.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of the Fair Chance to Compete for Jobs Act of 
     2018, the Board shall, pursuant to section 304, issue 
     regulations to implement this section.
       ``(2) Parallel with agency regulations.--The regulations 
     issued under paragraph (1) shall be the same as substantive 
     regulations issued by the Director of the Office of Personnel 
     Management under subsection (b)(2)(A) of the Fair Chance to 
     Compete for Jobs Act of 2018 to implement the statutory 
     provisions referred to in subsections (a) through (c) except 
     to the extent that the Board may determine, for good cause 
     shown and stated together with the regulation, that a 
     modification of such regulations would be more effective for 
     the implementation of the rights and protections under this 
     section.
       ``(e) Effective Date.--Section 102(a)(12) and subsections 
     (a) through (c) shall take effect on the date on which 
     section 9202 of title 5, United States Code, applies with 
     respect to agencies.''.
       (B) Clerical amendments.--
       (i) The table of contents in section 1(b) of the 
     Congressional Accountability Act of 1995 (Public Law 104-1; 
     109 Stat. 3) is amended--

       (I) by redesignating the item relating to section 207 as 
     the item relating to section 208; and
       (II) by inserting after the item relating to section 206 
     the following new item:

``Sec. 207. Rights and protections relating to criminal history 
              inquiries.''.

       (ii) Section 62(e)(2) of the Internal Revenue Code of 1986 
     is amended by striking ``207'' and inserting ``208''.
       (5) Application to judicial branch.--
       (A) In general.--Section 604 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(i) Restrictions on Criminal History Inquiries.--
       ``(1) Definitions.--In this subsection--
       ``(A) the terms `agency' and `criminal history record 
     information' have the meanings given those terms in section 
     9201 of title 5;
       ``(B) the term `covered employee' means an employee of the 
     judicial branch of the United States Government, other than--
       ``(i) any judge or justice who is entitled to hold office 
     during good behavior;
       ``(ii) a United States magistrate judge; or
       ``(iii) a bankruptcy judge; and
       ``(C) the term `employing office' means any office or 
     entity of the judicial branch of the United States Government 
     that employs covered employees.
       ``(2) Restriction.--A covered employee may not request that 
     an applicant for employment as a covered employee disclose 
     criminal history record information if the request would be 
     prohibited under section 9202 of title 5 if made by an 
     employee of an agency.
       ``(3) Employing office policies; complaint procedure.--The 
     provisions of sections 9203 and 9206 of title 5 shall apply 
     to employing offices and to applicants for employment as 
     covered employees, consistent with regulations issued by the 
     Director to implement this subsection.
       ``(4) Adverse action.--
       ``(A) Adverse action.--The Director may take such adverse 
     action with respect to a covered employee who violates 
     paragraph (2) as would be appropriate under section 9204 of 
     title 5 if the violation had been committed by an employee of 
     an agency.
       ``(B) Appeals.--The Director shall by rule establish 
     procedures providing for an appeal from any adverse action 
     taken under subparagraph (A) by not later than 30 days after 
     the date of the action.
       ``(C) Applicability of other laws.--Except as provided in 
     subparagraph (B), an adverse action taken under subparagraph 
     (A) (including a determination in an appeal from such an 
     action under subparagraph (B)) shall not be subject to appeal 
     or judicial review.
       ``(5) Regulations to be issued.--
       ``(A) In general.--Not later than 18 months after the date 
     of enactment of the Fair Chance to Compete for Jobs Act of 
     2018, the Director shall issue regulations to implement this 
     subsection.
       ``(B) Parallel with agency regulations.--The regulations 
     issued under subparagraph (A) shall be the same as 
     substantive regulations promulgated by the Director of the 
     Office of Personnel Management under subsection (b)(2)(A) of 
     the Fair Chance to Compete for Jobs Act of 2018 except to the 
     extent that the Director of the Administrative Office of the 
     United States Courts may determine, for good cause shown and 
     stated together with the regulation, that a modification of 
     such regulations would be more effective for the 
     implementation of the rights and protections under this 
     subsection.
       ``(6) Effective date.--Paragraphs (1) through (4) shall 
     take effect on the date on which section 9202 of title 5 
     applies with respect to agencies.''.
       (c) Prohibition on Criminal History Inquiries by 
     Contractors Prior to Conditional Offer.--
       (1) Civilian agency contracts.--
       (A) In general.--Chapter 47 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4713. Prohibition on criminal history inquiries by 
       contractors prior to conditional offer

       ``(a) Limitation on Criminal History Inquiries.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), an executive agency--
       ``(A) may not require that an individual or sole proprietor 
     who submits a bid for a contract to disclose criminal history 
     record information regarding that individual or sole 
     proprietor before determining the apparent awardee; and
       ``(B) shall require, as a condition of receiving a Federal 
     contract and receiving payments under such contract that the 
     contractor may not verbally, or through written form, request 
     the disclosure of criminal history record information 
     regarding an applicant for a position related to work under 
     such contract before the contractor extends a conditional 
     offer to the applicant.
       ``(2) Otherwise required by law.--The prohibition under 
     paragraph (1) does not apply with respect to a contract if 
     consideration of criminal history record information prior to 
     a conditional offer with respect to the position is otherwise 
     required by law.
       ``(3) Exception for certain positions.--
       ``(A) In general.--The prohibition under paragraph (1) does 
     not apply with respect to--
       ``(i) a contract that requires an individual hired under 
     the contract to access classified information or to have 
     sensitive law enforcement or national security duties; or
       ``(ii) a position that the Administrator of General 
     Services identifies under the regulations issued under 
     subparagraph (B).
       ``(B) Regulations.--
       ``(i) Issuance.--Not later than 16 months after the date of 
     enactment of the Fair Chance to Compete for Jobs Act of 2018, 
     the Administrator of General Services, in consultation with 
     the Secretary of Defense, shall issue regulations identifying 
     additional positions with respect to which the prohibition 
     under paragraph (1) shall not apply, giving due consideration 
     to positions that involve interaction with minors, access to 
     sensitive information, or managing financial transactions.
       ``(ii) Compliance with civil rights laws.--The regulations 
     issued under clause (i) shall--

       ``(I) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(II) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

       ``(b) Complaint Procedures.--The Administrator of General 
     Services shall establish and publish procedures under which 
     an applicant for a position with a Federal contractor may 
     submit to the Administrator a complaint, or any other 
     information, relating to compliance by the contractor with 
     subsection (a)(1)(B).
       ``(c) Action for Violations of Prohibition on Criminal 
     History Inquiries.--
       ``(1) First violation.--If the head of an executive agency 
     determines that a contractor has violated subsection 
     (a)(1)(B), such head shall--
       ``(A) notify the contractor;
       ``(B) provide 30 days after such notification for the 
     contractor to appeal the determination; and
       ``(C) issue a written warning to the contractor that 
     includes a description of the violation and the additional 
     remedies that may apply for subsequent violations.
       ``(2) Subsequent violation.--If the head of an executive 
     agency determines that a contractor that was subject to 
     paragraph (1) has committed a subsequent violation of 
     subsection (a)(1)(B), such head shall notify the contractor, 
     shall provide 30 days after such notification for the 
     contractor to appeal the determination, and, in consultation 
     with the relevant Federal agencies, may take actions, 
     depending on the severity of the infraction and the 
     contractor's history of violations, including--
       ``(A) providing written guidance to the contractor that the 
     contractor's eligibility for contracts requires compliance 
     with this section;
       ``(B) requiring that the contractor respond within 30 days 
     affirming that the contractor is taking steps to comply with 
     this section; and
       ``(C) suspending payment under the contract for which the 
     applicant was being considered until the contractor 
     demonstrates compliance with this section.
       ``(d) Definitions.--In this section:

[[Page S7722]]

       ``(1) Conditional offer.--The term `conditional offer' 
     means an offer of employment for a position related to work 
     under a contract that is conditioned upon the results of a 
     criminal history inquiry.
       ``(2) Criminal history record information.--The term 
     `criminal history record information' has the meaning given 
     that term in section 9201 of title 5.''.
       (B) Clerical amendment.--The table of sections for chapter 
     47 of title 41, United States Code, is amended by inserting 
     after the item relating to section 4712 the following new 
     item:

``4713. Prohibition on criminal history inquiries by contractors prior 
              to conditional offer.''.

       (C) Effective date.--Section 4713 of title 41, United 
     States Code, as added by subparagraph (A), shall apply with 
     respect to contracts awarded pursuant to solicitations issued 
     after the effective date described in subsection (b)(2)(B) of 
     this section.
       (2) Defense contracts.--
       (A) In general.--Chapter 137 of title 10, United States 
     Code, is amended by inserting after section 2338 the 
     following new section:

     ``Sec. 2339. Prohibition on criminal history inquiries by 
       contractors prior to conditional offer

       ``(a) Limitation on Criminal History Inquiries.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), the head of an agency--
       ``(A) may not require that an individual or sole proprietor 
     who submits a bid for a contract to disclose criminal history 
     record information regarding that individual or sole 
     proprietor before determining the apparent awardee; and
       ``(B) shall require as a condition of receiving a Federal 
     contract and receiving payments under such contract that the 
     contractor may not verbally or through written form request 
     the disclosure of criminal history record information 
     regarding an applicant for a position related to work under 
     such contract before such contractor extends a conditional 
     offer to the applicant.
       ``(2) Otherwise required by law.--The prohibition under 
     paragraph (1) does not apply with respect to a contract if 
     consideration of criminal history record information prior to 
     a conditional offer with respect to the position is otherwise 
     required by law.
       ``(3) Exception for certain positions.--
       ``(A) In general.--The prohibition under paragraph (1) does 
     not apply with respect to--
       ``(i) a contract that requires an individual hired under 
     the contract to access classified information or to have 
     sensitive law enforcement or national security duties; or
       ``(ii) a position that the Secretary of Defense identifies 
     under the regulations issued under subparagraph (B).
       ``(B) Regulations.--
       ``(i) Issuance.--Not later than 16 months after the date of 
     enactment of the Fair Chance to Compete for Jobs Act of 2018, 
     the Secretary of Defense, in consultation with the 
     Administrator of General Services, shall issue regulations 
     identifying additional positions with respect to which the 
     prohibition under paragraph (1) shall not apply, giving due 
     consideration to positions that involve interaction with 
     minors, access to sensitive information, or managing 
     financial transactions.
       ``(ii) Compliance with civil rights laws.--The regulations 
     issued under clause (i) shall--

       ``(I) be consistent with, and in no way supersede, 
     restrict, or limit the application of title VII of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other 
     relevant Federal civil rights laws; and
       ``(II) ensure that all hiring activities conducted pursuant 
     to the regulations are conducted in a manner consistent with 
     relevant Federal civil rights laws.

       ``(b) Complaint Procedures.--The Secretary of Defense shall 
     establish and publish procedures under which an applicant for 
     a position with a Department of Defense contractor may submit 
     a complaint, or any other information, relating to compliance 
     by the contractor with subsection (a)(1)(B).
       ``(c) Action for Violations of Prohibition on Criminal 
     History Inquiries.--
       ``(1) First violation.--If the Secretary of Defense 
     determines that a contractor has violated subsection 
     (a)(1)(B), the Secretary shall--
       ``(A) notify the contractor;
       ``(B) provide 30 days after such notification for the 
     contractor to appeal the determination; and
       ``(C) issue a written warning to the contractor that 
     includes a description of the violation and the additional 
     remedies that may apply for subsequent violations.
       ``(2) Subsequent violations.--If the Secretary of Defense 
     determines that a contractor that was subject to paragraph 
     (1) has committed a subsequent violation of subsection 
     (a)(1)(B), the Secretary shall notify the contractor, shall 
     provide 30 days after such notification for the contractor to 
     appeal the determination, and, in consultation with the 
     relevant Federal agencies, may take actions, depending on the 
     severity of the infraction and the contractor's history of 
     violations, including--
       ``(A) providing written guidance to the contractor that the 
     contractor's eligibility for contracts requires compliance 
     with this section;
       ``(B) requiring that the contractor respond within 30 days 
     affirming that the contractor is taking steps to comply with 
     this section; and
       ``(C) suspending payment under the contract for which the 
     applicant was being considered until the contractor 
     demonstrates compliance with this section.
       ``(d) Definitions.--In this section:
       ``(1) Conditional offer.--The term `conditional offer' 
     means an offer of employment for a position related to work 
     under a contract that is conditioned upon the results of a 
     criminal history inquiry.
       ``(2) Criminal history record information.--The term 
     `criminal history record information' has the meaning given 
     that term in section 9201 of title 5.''.
       (B) Effective date.--Section 2339(a) of title 10, United 
     States Code, as added by subparagraph (A), shall apply with 
     respect to contracts awarded pursuant to solicitations issued 
     after the effective date described in subsection (b)(2)(B) of 
     this section.
       (C) Clerical amendment.--The table of sections for chapter 
     137 of title 10, United States Code, is amended by inserting 
     after the item relating to section 2338 the following new 
     item:

``2339. Prohibition on criminal history inquiries by contractors prior 
              to conditional offer.''.

       (3) Revisions to federal acquisition regulation.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Federal Acquisition Regulatory 
     Council shall revise the Federal Acquisition Regulation to 
     implement section 4713 of title 41, United States Code, and 
     section 2339 of title 10, United States Code, as added by 
     this subsection.
       (B) Consistency with office of personnel management 
     regulations.--The Federal Acquisition Regulatory Council 
     shall revise the Federal Acquisition Regulation under 
     subparagraph (A) to be consistent with the regulations issued 
     by the Director of the Office of Personnel Management under 
     subsection (b)(2)(A) to the maximum extent practicable. The 
     Council shall include together with such revision an 
     explanation of any substantive modification of the Office of 
     Personnel Management regulations, including an explanation of 
     how such modification will more effectively implement the 
     rights and protections under this section.
       (d) Report on Employment of Individuals Formerly 
     Incarcerated in Federal Prisons.--
       (1) Definition.--In this subsection, the term ``covered 
     individual''--
       (A) means an individual who has completed a term of 
     imprisonment in a Federal prison for a Federal criminal 
     offense; and
       (B) does not include an alien who is or will be removed 
     from the United States for a violation of the immigration 
     laws (as such term is defined in section 101 of the 
     Immigration and Nationality Act (8 U.S.C. 1101)).
       (2) Study and report required.--The Director of the Bureau 
     of Justice Statistics, in coordination with the Director of 
     the Bureau of the Census, shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, design and initiate a study on the employment of 
     covered individuals after their release from Federal prison, 
     including by collecting--
       (i) demographic data on covered individuals, including 
     race, age, and sex; and
       (ii) data on employment and earnings of covered individuals 
     who are denied employment, including the reasons for the 
     denials; and
       (B) not later than 2 years after the date of enactment of 
     this Act, and every 5 years thereafter, submit a report that 
     does not include any personally identifiable information on 
     the study conducted under subparagraph (A) to--
       (i) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (ii) the Committee on Health, Education, Labor, and 
     Pensions of the Senate;
       (iii) the Committee on Oversight and Government Reform of 
     the House of Representatives; and
       (iv) the Committee on Education and the Workforce of the 
     House of Representatives.
                                 ______
                                 
  SA 4153. Mr. CRAPO (for Mr. Jones) proposed an amendment to the bill 
S. 3191, to provide for the expeditious disclosure of records related 
to civil rights cold cases, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Civil Rights Cold Case 
     Records Collection Act of 2018''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Archivist.--The term ``Archivist'' means the Archivist 
     of the United States.
       (2) Civil rights cold case.--The term ``civil rights cold 
     case'' means any unsolved case--
       (A) arising out of events which occurred during the period 
     beginning on January 1, 1940 and ending on December 31, 1979; 
     and
       (B) related to--
       (i) section 241 of title 18, United States Code (relating 
     to conspiracy against rights);
       (ii) section 242 of title 18, United States Code (relating 
     to deprivation of rights under color of law);
       (iii) section 245 of title 18, United States Code (relating 
     to federally protected activities);

[[Page S7723]]

       (iv) sections 1581 and 1584 of title 18, United States Code 
     (relating to peonage and involuntary servitude);
       (v) section 901 of the Fair Housing Act (42 U.S.C. 3631); 
     or
       (vi) any other Federal law that was--

       (I) in effect on or before December 31, 1979; and
       (II) enforced by the criminal section of the Civil Rights 
     Division of the Department of Justice before the date of 
     enactment of this Act.

       (3) Civil rights cold case record.--The term ``civil rights 
     cold case record'' means a record that--
       (A) is related to a civil rights cold case; and
       (B) was created or made available for use by, obtained by, 
     or otherwise came into the possession of--
       (i) the Library of Congress;
       (ii) the National Archives;
       (iii) any executive agency;
       (iv) any independent agency;
       (v) any other entity of the Federal Government; or
       (vi) any State or local government, or component thereof, 
     that provided support or assistance or performed work in 
     connection with a Federal inquiry into a civil rights cold 
     case.
       (4) Collection.--The term ``Collection'' means the Civil 
     Rights Cold Case Records Collection established under section 
     3.
       (5) Executive agency.--The term ``executive agency'' means 
     an agency, as defined in section 552(f) of title 5, United 
     States Code.
       (6) Government office.--The term ``Government office'' 
     means any office of the Federal Government that has 
     possession or control of 1 or more civil rights cold case 
     records.
       (7) Government official.--The term ``Government official'' 
     means any officer or employee of the United States, including 
     elected and appointed officials.
       (8) National archives.--The term ``National Archives'' 
     means the National Archives and Records Administration and 
     all components thereof, including Presidential archival 
     depositories established under section 2112 of title 44, 
     United States Code.
       (9) Official investigation.--The term ``official 
     investigation'' means the review of a civil rights cold case 
     conducted by any entity of the Federal Government either 
     independently, at the request of any Presidential commission 
     or congressional committee, or at the request of any 
     Government official.
       (10) Originating body.--The term ``originating body'' means 
     the executive agency, Government commission, congressional 
     committee, or other Governmental entity that created a record 
     or particular information within a record.
       (11) Public interest.--The term ``public interest'' means 
     the compelling interest in the prompt public disclosure of 
     civil rights cold case records for historical and 
     Governmental purposes and for the purpose of fully informing 
     the people of the United States about the history surrounding 
     all civil rights cold cases in the United States.
       (12) Record.--The term ``record'' has the meaning given the 
     term in section 3301 of title 44, United States Code.
       (13) Review board.--The term ``Review Board'' means the 
     Civil Rights Cold Case Records Review Board established under 
     section 5.

     SEC. 3. CIVIL RIGHTS COLD CASE RECORDS COLLECTION AT THE 
                   NATIONAL ARCHIVES AND RECORD ADMINISTRATION.

       (a) In General.--
       (1) Establishment of the civil rights cold case records 
     collection.--Not later than 60 days after the date of 
     enactment of this Act, the Archivist shall--
       (A) commence establishing a collection of civil rights cold 
     case records to be known as the ``Civil Rights Cold Case 
     Records Collection'' that ensures the physical integrity and 
     original provenance of all records in the Collection;
       (B) commence preparing and publishing the subject guidebook 
     and index to the Collection; and
       (C) establish criteria for Government offices to follow 
     when transmitting copies of civil rights cold case records to 
     the Archivist, to include required metadata.
       (2) Contents of collection.--The Collection shall include--
       (A) a copy of each civil rights cold case record--
       (i) that has not been transmitted to the Archivist, which 
     shall be transmitted to the Archivist in accordance with 
     section 2107 of title 44, United States Code, by the entity 
     described in section 2(3)(B) in possession of the civil 
     rights cold case record, except in the case of a State or 
     local government;
       (ii) that has been transmitted to the Archivist or 
     disclosed to the public in an unredacted form before the date 
     of the enactment of this Act;
       (iii) that is required to be transmitted to the Archivist; 
     or
       (iv) the disclosure of which is postponed under this Act; 
     and
       (B) all Review Board records, as required under this Act.
       (b) Disclosure of Records.--All civil rights cold case 
     records transmitted to the Archivist for disclosure to the 
     public--
       (1) shall be included in the Collection;
       (2) not later than 60 days after the transmission of the 
     record to the Archivist, shall be available to the public for 
     inspection and copying at the National Archives; and
       (3) shall be prioritized for digitization by the National 
     Archives.
       (c) Fees for Copying.--The Archivist shall--
       (1) use efficient electronic means when possible;
       (2) charge fees for copying civil rights cold case records; 
     and
       (3) grant waivers of such fees pursuant to the standard 
     established under section 552(a)(4) of title 5, United States 
     Code.
       (d) Additional Requirements.--The Archivist shall ensure 
     the security of civil rights cold case records in the 
     Collection for which disclosure is postponed.
       (e) Transmission to the National Archives.--
       (1) In general.--Subject to paragraph (2), each Government 
     office shall, in accordance with the criteria established by 
     the Archivist under subsection (a)(1)(C)--
       (A) as soon as is reasonably practicable, and in any event 
     not later than 2 years after the date of the enactment of 
     this Act, transmit to the Archivist, for the Archivist to 
     make available to the public in accordance with subsection 
     (b), a copy of each civil rights cold case record that can be 
     publicly disclosed, including any such record that is 
     publicly available on the date of enactment of this Act, 
     without any redaction, adjustment, or withholding under the 
     standards of this Act; and
       (B) transmit to the Archivist upon approval for 
     postponement by the Review Board or upon completion of other 
     action authorized by this Act, a copy of each civil rights 
     cold case record for which public disclosure has been 
     postponed, in whole or in part, under the standards of this 
     Act, to become part of the protected Collection.
       (2) Reopening of cases.--If, not later than 2 years after 
     the date of enactment of this Act, the Attorney General 
     submits to the Archivist a certification that the Attorney 
     General intends to reopen and pursue prosecution of the civil 
     rights cold case to which a civil rights cold case record 
     relates, the Attorney General shall transmit to the Archivist 
     the civil rights cold case record in accordance with 
     paragraph (1)--
       (A) not later than 90 days after--
       (i) final judgment is entered in the proceedings relating 
     to the civil rights cold case; or
       (ii) proceedings relating to the civil rights cold case are 
     dismissed with prejudice; or
       (B) not later than the date that is 1 year after the date 
     on which the Attorney General submits to the Archivist the 
     certification, if an indictment or information has not been 
     filed with respect to the civil rights cold case.
       (f) Periodic Review of Postponed Civil Rights Cold Case 
     Records.--
       (1) In general.--Each civil rights cold case record that is 
     redacted or for which public disclosure is postponed shall be 
     reviewed not later than December 31 each year by the entity 
     submitting the record and the Archivist, consistent with the 
     recommendations of the Review Board under section 7(c)(3)(B).
       (2) Requirements of periodic review.--The periodic review 
     under paragraph (1) shall address the public disclosure of 
     additional civil rights cold case records in the Collection 
     under the standards of this Act.
       (3) Unclassified written description.--Any civil rights 
     cold case record for which postponement of public disclosure 
     is continued shall include an unclassified written 
     description of the reason for such continued postponement, 
     which shall be provided to the Archivist and made available 
     on a publicly accessible website upon the determination to 
     continue the postponement.
       (4) Full disclosure of civil rights cold case record 
     required.--
       (A) In general.--Each civil rights cold case record that is 
     not publicly disclosed in full as of the date on which the 
     Review Board terminates under section 5(n) shall be publicly 
     disclosed in full and available in the Collection not later 
     than 25 years after the date of enactment of this Act 
     unless--
       (i) the head of the originating body, an executive agency, 
     or other Government office recommends in writing the 
     exemption of the record or information, the release of which 
     would clearly and demonstrably be expected to--

       (I) cause identifiable or describable damage to national 
     security, military defense, law enforcement, intelligence 
     operations, or the conduct of foreign relations that is of 
     such gravity that it outweighs the public interest in 
     disclosure; or
       (II) reveal information described in paragraphs (1) through 
     (9) of section 3.3(b) of Executive Order 13526 (75 Fed. Reg. 
     707; relating to classified national security information);

       (ii) the written recommendation described in clause (i)--

       (I) is provided to the Archivist not later than 180 days 
     before the date that is 25 years after the date of enactment 
     of this Act; and
       (II) includes--

       (aa) a justification of the recommendation to postpone 
     disclosure; and
       (bb) a recommended specified time at which or a specified 
     occurrence following which the material may be appropriately 
     disclosed to the public under this Act; and
       (iii) the Archivist agrees with the written recommendation 
     described in clause (i).
       (B) Notification.--If the Archivist does not agree with the 
     recommendation described in subparagraph (A)(i), the 
     Archivist shall notify the head of the originating body, 
     executive agency, or other Government office making the 
     recommendation not later

[[Page S7724]]

     than 90 days before the date that is 25 years after the date 
     of enactment of this Act.
       (g) Digitization of Records.--Each executive agency shall 
     make text searchable documents available to the Review Board 
     pursuant to standards established under section 552(a)(3) of 
     title 5, United States Code.
       (h) Notice Regarding Public Disclosure.--
       (1) Finding.--Congress finds that the public release of 
     case-related documents and information without notice may 
     significantly affect the victims of the events to which the 
     case relates and their next of kin.
       (2) Notice.--Not later than 7 days before a civil rights 
     cold case record is publicly disclosed, the executive agency 
     releasing the civil rights cold case record, in coordination 
     with the Government office that had possession or control of 
     the civil rights cold case record, shall take all reasonable 
     efforts to provide the civil rights cold case record to the 
     victims of the events to which the civil rights cold case 
     record relates, or their next of kin.

     SEC. 4. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF 
                   RECORDS.

       Disclosure of civil rights cold case records or particular 
     information within a civil rights cold case record to the 
     public may be postponed subject to the limitations of this 
     Act if disclosure would clearly and demonstrably be expected 
     to--
       (1)(A) cause identifiable or describable damage to national 
     security, military defense, law enforcement, intelligence 
     operations, or the conduct of foreign relations that is of 
     such gravity that it outweighs the public interest in 
     disclosure; or
       (B) reveal information described in paragraphs (1) through 
     (9) of section 3.3(b) of Executive Order 13526 (75 Fed. Reg. 
     707; relating to classified national security information);
       (2)(A) reveal the name or identity of a living individual 
     who provided confidential information to the United States; 
     and
       (B) pose a substantial risk of harm to that individual;
       (3) constitute an unwarranted invasion of personal privacy;
       (4)(A) compromise the existence of an understanding of 
     confidentiality currently requiring protection between a 
     Government agent and a cooperating individual or group; and
       (B) be so harmful that the understanding of confidentiality 
     outweighs the public interest;
       (5) endanger the life or physical safety of any individual; 
     or
       (6) interfere with ongoing law enforcement proceedings.

     SEC. 5. ESTABLISHMENT AND POWERS OF THE CIVIL RIGHTS COLD 
                   CASE RECORDS REVIEW BOARD.

       (a) Establishment.--There is established, as an independent 
     agency, a board to be known as the Civil Rights Cold Case 
     Records Review Board.
       (b) Appointment.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate, 5 individuals to serve 
     as members of the Review Board, to ensure and facilitate the 
     review, transmission to the Archivist, and public disclosure 
     of civil rights cold case records.
       (2) Initial appointment.--
       (A) In general.--Initial appointments to the Review Board 
     shall, so far as practicable, be made not later than 60 days 
     after the date of enactment of this Act.
       (B) Recommendations.--In making appointments to the Review 
     Board, the President may consider any individuals recommended 
     by the American Historical Association, the Organization of 
     American Historians, the Society of American Archivists, and 
     the American Bar Association.
       (C) Extension.--If an organization described in 
     subparagraph (B) does not recommend at least 2 nominees 
     meeting the qualifications stated in paragraph (3) within 60 
     days after the date of enactment of this Act, the deadline 
     under subparagraph (A) shall be extended until the earlier of 
     60 days after the date on which such recommendations are made 
     or 120 days after the date of enactment of this Act.
       (D) Additional recommendations.--The President may request 
     that any organization described in subparagraph (B) submit 
     additional recommended nominees.
       (3) Qualifications.--Individuals nominated to the Review 
     Board shall--
       (A) not have had any previous involvement with any official 
     investigation or inquiry conducted by the Federal Government, 
     or any State or local government, relating to any civil 
     rights cold case;
       (B) be distinguished individuals of high national 
     professional reputation in their respective fields who are 
     capable of exercising the independent and objective judgment 
     necessary to fulfill their role in ensuring and facilitating 
     the review, transmission to the public, and public disclosure 
     of files related to civil rights cold cases and who possess 
     an appreciation of the value of such material to the public, 
     scholars, and government; and
       (C) include at least 1 professional historian and 1 
     attorney.
       (c) Security Clearances.--All Review Board nominees shall 
     be processed for the necessary security clearances in an 
     accelerated manner by the appropriate Federal agencies and 
     subject to the standard procedures for granting such 
     clearances.
       (d) Vacancy.--A vacancy on the Review Board shall be filled 
     in the same manner as the original appointment within 60 days 
     of the occurrence of the vacancy.
       (e) Chairperson.--The members of the Review Board shall 
     elect 1 of the members as chairperson.
       (f) Removal of Review Board Member.--
       (1) In general.--No member of the Review Board shall be 
     removed from office, other than--
       (A) by impeachment and conviction; or
       (B) by the action of the President for inefficiency, 
     neglect of duty, malfeasance in office, physical disability, 
     mental incapacity, or any other condition that substantially 
     impairs the performance of the member's duties.
       (2) Report.--
       (A) In general.--If a member of the Review Board is removed 
     from office, and that removal is by the President, not later 
     than 10 days after the removal, the President shall submit to 
     the Committee on Oversight and Government Reform of the House 
     of Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a report specifying the 
     facts found and the grounds for the removal.
       (B) Publication.--The President shall publish in the 
     Federal Register a report submitted under subparagraph (A), 
     except that the President may, if necessary to protect the 
     rights of a person named in the report or to prevent undue 
     interference with any pending prosecution, postpone or 
     refrain from publishing any or all of the report until the 
     completion of such pending cases or pursuant to privacy 
     protection requirements in law.
       (3) Judicial review.--
       (A) In general.--A member of the Review Board removed from 
     office may obtain judicial review of the removal in a civil 
     action commenced in the United States District Court for the 
     District of Columbia.
       (B) Relief.--The member may be reinstated or granted other 
     appropriate relief by order of the court.
       (g) Compensation of Members.--
       (1) In general.--A member of the Review Board shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Review Board.
       (2) Travel expenses.--A member of the Review Board shall be 
     allowed reasonable travel expenses, including per diem in 
     lieu of subsistence, at rates for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from the member's home or regular place of 
     business in the performance of services for the Review Board.
       (h) Duties of the Review Board.--
       (1) In general.--The Review Board shall consider and render 
     decisions on a determination by a Government office to seek 
     to postpone the disclosure of civil rights cold case records.
       (2) Decisions.--In carrying out paragraph (1), the Review 
     Board shall consider and render decisions on--
       (A) whether a record constitutes a civil rights cold case 
     record; and
       (B) whether a civil rights cold case record or particular 
     information in a record qualifies for postponement of 
     disclosure under this Act.
       (i) Powers.--
       (1) In general.--The Review Board shall have the authority 
     to act in a manner prescribed under this Act including the 
     authority to--
       (A) obtain access to civil rights cold case records that 
     have been identified and organized by a Government office;
       (B) direct a Government office to make available to the 
     Review Board, and if necessary investigate the facts 
     surrounding, additional information, records, or testimony 
     from individuals, which the Review Board has reason to 
     believe is required to fulfill its functions and 
     responsibilities under this Act;
       (C) subpoena private persons to compel the production of 
     documents and other records relevant to its responsibilities 
     under this Act;
       (D) require any Government office to account in writing for 
     the destruction of any records relating to civil rights cold 
     cases;
       (E) receive information from the public regarding the 
     identification and public disclosure of civil rights cold 
     case records; and
       (F) hold hearings, administer oaths, and subpoena documents 
     and other records.
       (2) Enforcement of subpoenas.--Any subpoena issued under 
     this subsection may be enforced by any appropriate Federal 
     court acting pursuant to a lawful request of the Review 
     Board.
       (j) Witness Immunity.--The Review Board shall be considered 
     to be an agency of the United States for purposes of chapter 
     601 of title 18, United States Code.
       (k) Oversight.--
       (1) In general.--The Committee on Oversight and Government 
     Reform of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate 
     shall have continuing oversight jurisdiction with respect to 
     the official conduct of the Review Board and the disposition 
     of postponed records after termination of the Review Board, 
     and shall have access to any records held or created by the 
     Review Board.
       (2) Cooperation of review board.--The Review Board shall 
     have a duty to cooperate with the exercise of the oversight 
     jurisdiction described in paragraph (1).

[[Page S7725]]

       (l) Support Services.--The Administrator of General 
     Services shall provide administrative services for the Review 
     Board on a reimbursable basis.
       (m) Interpretive Regulations.--The Review Board may issue 
     interpretive regulations.
       (n) Termination.--
       (1) In general.--The Review Board shall terminate not later 
     than 4 years after the date of enactment of this Act, except 
     that the Review Board may, by majority vote, extend its term 
     for an additional 1-year period if the Review Board has not 
     completed its work within that 4-year period.
       (2) Reports.--Before its termination, the Review Board 
     shall submit reports to the President and the Congress, 
     including a complete and accurate accounting of expenditures 
     during its existence, and shall complete all other reporting 
     requirements under this Act.
       (3) Transfer of records.--
       (A) In general.--Upon termination, the Review Board shall 
     transfer all of its records to the Archivist for inclusion in 
     the Collection.
       (B) Preservation of records.--The records of the Review 
     Board shall not be destroyed, except that the Archivist may 
     destroy routine administrative records covered by a general 
     records schedule following notification in the Federal 
     Register and after considering comments.

     SEC. 6. REVIEW BOARD PERSONNEL.

       (a) Chief of Staff.--
       (1) Appointment.--Not later than 45 days after the initial 
     meeting of the Review Board, and without regard to political 
     affiliation, the Review Board shall appoint an individual to 
     the position of Chief of Staff of the Review Board.
       (2) Requirements.--The individual appointed as Chief of 
     Staff--
       (A) shall be a citizen of the United States of integrity 
     and impartiality who is a distinguished professional; and
       (B) shall have had no previous involvement with any 
     official investigation or inquiry relating to civil rights 
     cold cases.
       (3) Candidate to have clearances.--A candidate for Chief of 
     Staff shall be granted the necessary security clearances in 
     an accelerated manner subject to the standard procedures for 
     granting such clearances.
       (4) Approval contingent on prior clearance.--A candidate 
     for Chief of Staff shall qualify for the necessary security 
     clearance prior to being appointed by the Review Board.
       (5) Duties.--The Chief of Staff shall--
       (A) serve as principal liaison to Government offices;
       (B) be responsible for the administration and coordination 
     of the Review Board's review of records;
       (C) be responsible for the administration of all official 
     activities conducted by the Review Board; and
       (D) have no authority to decide or determine whether any 
     record shall be disclosed to the public or postponed for 
     disclosure.
       (6) Removal.--The Chief of Staff shall not be removed 
     except upon a majority vote of the Review Board to remove the 
     Chief of Staff for cause on the grounds of inefficiency, 
     neglect of duty, malfeasance in office, physical disability, 
     mental incapacity, or any other condition that substantially 
     impairs the performance of the responsibilities of the Chief 
     of Staff or the employees of the Review Board.
       (b) Staff.--
       (1) Additional personnel.--The Review Board may, in 
     accordance with the civil service laws but without regard to 
     civil service laws and regulations for appointments in the 
     competitive service under subchapter I of chapter 33 of title 
     5, United States Code, appoint and terminate additional 
     employees as are necessary to enable the Review Board and its 
     Chief of Staff to perform their duties.
       (2) Requirements.--An individual appointed as an employee 
     of the Review Board--
       (A) shall be a private citizen of integrity and 
     impartiality; and
       (B) shall have had no previous involvement with any 
     official investigation or inquiry relating to civil rights 
     cold cases.
       (3) Nominations.--Before making an appointment pursuant to 
     paragraph (1), the Review Board shall consider individuals 
     recommended by the American Historical Association, the 
     Organization of American Historians, the Society of American 
     Archivists, and the American Bar Association.
       (4) Security clearances.--A candidate shall qualify for the 
     necessary security clearance prior to being appointed by the 
     Review Board.
       (c) Compensation.--The Review Board shall fix the 
     compensation of the Chief of Staff and other employees in 
     accordance with title 5, United States Code, except that the 
     rate of pay for the Chief of Staff and other employees may 
     not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of that title.
       (d) Advisory Committees.--The Review Board may create 
     advisory committees to assist in fulfilling the 
     responsibilities of the Review Board under this Act.

     SEC. 7. REVIEW OF RECORDS BY THE REVIEW BOARD.

       (a) Custody of Records Reviewed by the Board.--Pending the 
     outcome of the Review Board's review activity, a Government 
     office shall retain custody of a civil rights cold case 
     record for purposes of preservation, security, and 
     efficiency, unless--
       (1) the Review Board requires the physical transfer of 
     records for reasons of conducting an independent and 
     impartial review; or
       (2) such transfer is necessary for an administrative 
     hearing or other official Review Board function.
       (b) Startup Requirements.--The Review Board shall--
       (1) not later than 90 days after the date on which all 
     members of the Review Board are appointed, publish a schedule 
     for review of all civil rights cold case records in the 
     Federal Register; and
       (2) not later than 180 days after the enactment of this 
     Act, begin its review of civil rights cold case records under 
     this Act.
       (c) Determination of the Review Board.--
       (1) In general.--The Review Board shall direct that copies 
     of all civil rights cold case records be transmitted to the 
     Archivist and disclosed to the public in the Collection in 
     the absence of clear and convincing evidence that--
       (A) a Government record is not a civil rights cold case 
     record; or
       (B) a Government record or particular information within a 
     civil rights cold case record qualifies for postponement of 
     public disclosure under this Act, which shall include 
     consideration by the Review Board of relevant laws and 
     policies protecting criminal records of juveniles.
       (2) Postponement.--In approving postponement of public 
     disclosure of a civil rights cold case record, the Review 
     Board shall work to--
       (A) provide for the disclosure of segregable parts, 
     substitutes, or summaries of such a record; and
       (B) determine, in consultation with the originating body 
     and consistent with the standards for postponement under this 
     Act, which of the following alternative forms of disclosure 
     shall be made by the originating body:
       (i) Any reasonably segregable particular information in a 
     civil rights cold case record.
       (ii) A substitute record for that information which is 
     postponed.
       (iii) A summary of a civil rights cold case record.
       (3) Report.--With respect to each civil rights cold case 
     record or particular information in civil rights cold case 
     records the public disclosure of which is postponed under 
     section 4, or for which only substitutions or summaries have 
     been disclosed to the public, the Review Board shall create 
     and transmit to the Archivist a report containing--
       (A) a description of actions by the Review Board, the 
     originating body, the President, or any Government office 
     (including a justification of any such action to postpone 
     disclosure of any record or part of any record) and of any 
     official proceedings conducted by the Review Board with 
     regard to specific civil rights cold case records; and
       (B) a statement, based on a review of the proceedings and 
     in conformity with the decisions reflected therein, 
     designating a recommended specified time at which or a 
     specified occurrence following which the material may be 
     appropriately disclosed to the public under this Act.
       (4) Notice.--Not later than 14 days after the Review Board 
     makes a determination that a civil rights cold case record 
     shall be publicly disclosed in the Collection or postponed 
     for disclosure and held in the protected Collection, the 
     Review Board shall notify the head of the originating body of 
     its determination and publish a copy of the determination in 
     the Federal Register.
       (5) Other notice.--Contemporaneous notice shall be made to 
     the President of Review Board determinations regarding 
     executive branch civil rights cold case records, and to the 
     oversight committees designated in this Act in the case of 
     legislative branch records. Such notice shall contain an 
     unclassified written justification for public disclosure or 
     postponement of disclosure, including an explanation of the 
     application of any standards under section 4.
       (d) Presidential Authority Over Review Board 
     Determination.--
       (1) Public disclosure or postponement of disclosure.--After 
     the Review Board has made a formal determination concerning 
     the public disclosure or postponement of disclosure of an 
     executive branch civil rights cold case record or information 
     contained in a civil rights cold case record, obtained or 
     developed solely within the executive branch, the President 
     shall have the sole and nondelegable authority to require the 
     disclosure or postponement of such record or information 
     under the standards set forth in section 4, and the President 
     shall provide the Review Board with an unclassified written 
     certification specifying the President's decision within 30 
     days after the Review Board's determination and notice to the 
     executive agency as required under this Act, stating the 
     justification for the President's decision, including the 
     applicable grounds for postponement under section 4.
       (2) Periodic review.--Any executive branch civil rights 
     cold case record for which public disclosure is postponed by 
     the President shall be subject to the requirements of 
     periodic review and declassification of classified 
     information and public disclosure in the Collection set forth 
     in section 3.
       (3) Record of presidential postponement.--The Review Board 
     shall, upon its receipt, publish in the Federal Register a 
     copy of any unclassified written certification, statement, or 
     other materials transmitted by or on behalf of the President 
     with regard

[[Page S7726]]

     to postponement of the public disclosure of civil rights cold 
     case records.
       (e) Notice to the Public.--On each day that is on or after 
     the date that is 60 days after the Review Board first 
     approves the postponement of disclosure of a civil rights 
     cold case record, the Review Board shall publish on a 
     publicly available website a notice that summarizes the 
     postponements approved by the Review Board or initiated by 
     the President, including a description of the subject, 
     originating body, length or other physical description, and 
     each ground for postponement that is relied upon.
       (f) Reports by the Review Board.--
       (1) In general.--The Review Board shall report its 
     activities to the Speaker of the House of Representatives, 
     the Minority Leader of the House of Representatives, the 
     Committee on Oversight and Government Reform of the House of 
     Representatives, the Majority Leader of the Senate, the 
     Minority Leader of the Senate, the Committee on Homeland 
     Security and Governmental Affairs of the Senate, the 
     President, the Archivist, and the head of any Government 
     office whose records have been the subject of Review Board 
     activity.
       (2) Deadlines.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter until 
     termination of the Review Board, the Review Board shall issue 
     a report under paragraph (1).
       (3) Contents.--Each report under paragraph (1) shall 
     include the following information:
       (A) A financial report of the expenses for all official 
     activities and requirements of the Review Board and its 
     employees.
       (B) The progress made on review, transmission to the 
     Archivist, and public disclosure of civil rights cold case 
     records.
       (C) The estimated time and volume of civil rights cold case 
     records involved in the completion of the Review Board's 
     performance under this Act.
       (D) Any special problems, including requests and the level 
     of cooperation of Government offices, with regard to the 
     ability of the Review Board to operate as required by this 
     Act.
       (E) A record of review activities, including a record of 
     postponement decisions by the Review Board or other related 
     actions authorized by this Act, and a record of the volume of 
     records reviewed and postponed.
       (F) Recommendations and requests to Congress for additional 
     authorization.
       (G) An appendix containing copies of reports of postponed 
     records to the Archivist required under subsection (c)(3) 
     made since the date of the preceding report under this 
     subsection.
       (4) Notice of termination.--Not later than 90 days before 
     terminating, the Review Board shall provide written notice to 
     the President and the Congress of its intention to terminate 
     its operations at a specified date.

     SEC. 8. DISCLOSURE OF OTHER INFORMATION AND ADDITIONAL STUDY.

       (a) Materials Under the Seal of the Court.--
       (1) In general.--The Review Board may request the Attorney 
     General to petition any court in the United States or abroad 
     to release any information relevant to civil rights cold 
     cases that is held under seal of court.
       (2) Grand jury materials.--
       (A) In general.--The Review Board may request the Attorney 
     General to petition any court in the United States to release 
     any information relevant to civil rights cold cases that is 
     held under the injunction of secrecy of a grand jury.
       (B) Particularized need.--A request for disclosure of civil 
     rights cold case records under this Act shall be deemed to 
     constitute a showing of particularized need under rule 6 of 
     the Federal Rules of Criminal Procedure.
       (3) Deadline.--
       (A) In general.--The Attorney General shall respond to any 
     request that is subject to this subsection within 45 days.
       (B) Nondisclosure of grand jury information.--If the 
     Attorney General determines that information relevant to a 
     civil rights cold case that is held under the injunction of 
     secrecy of a grand jury should not be made public, the 
     Attorney General shall set forth in the response to the 
     request the reasons for the determination.
       (b) Cooperation With Agencies.--It is the sense of Congress 
     that--
       (1) the Attorney General should assist the Review Board in 
     good faith to unseal any records that the Review Board 
     determines to be relevant and held under the seal by a court 
     or under the injunction of secrecy of a grand jury; and
       (2) all departments and agencies of the United States 
     Government should cooperate in full with the Review Board to 
     seek the disclosure of all information relevant to civil 
     rights cold cases consistent with the public interest.

     SEC. 9. RULES OF CONSTRUCTION.

       (a) Precedence Over Other Law.--
       (1) In general.--Subject to paragraph (2), when this Act 
     requires transmission of a record to the Archivist or public 
     disclosure, it shall take precedence over any other law 
     (except section 6103 of the Internal Revenue Code of 1986), 
     judicial decisions construing such law, or common law 
     doctrine that would otherwise prohibit such transmission or 
     disclosure with the exception of deeds governing access to or 
     transfer or release of gifts and donations of records to the 
     United States Government.
       (2) Personnel and medical files.--This Act shall not 
     require the public disclosure of information that is exempt 
     from disclosure under section 552(b)(6) of title 5, United 
     States Code.
       (b) Freedom of Information Act.--Nothing in this Act shall 
     be construed to eliminate or limit any right to file any 
     requests with any executive agency or seek judicial review of 
     the decisions under section 552 of title 5, United States 
     Code.
       (c) Judicial Review.--Nothing in this Act shall be 
     construed to preclude judicial review, under chapter 7 of 
     title 5, United States Code, of final actions taken or 
     required to be taken under this Act.
       (d) Existing Authority.--Nothing in this Act revokes or 
     limits the existing authority of the President, any executive 
     agency, the Senate, the House of Representatives, or any 
     other entity of the Government to publicly disclose records 
     in its possession.

     SEC. 10. FUNDING.

       Until such time as funds are appropriated to carry out this 
     Act, the President shall use such sums as are available for 
     discretionary use to carry out this Act.
                                 ______
                                 
  SA 4154. Mr. CRAPO (for Mr. Schatz (for himself, Mr. Thune, and Mr. 
Wicker)) proposed an amendment to the bill S. 3238, to improve 
oversight by the Federal Communications Commission of the wireless and 
broadcast emergency alert systems; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Reliable Emergency Alert 
     Distribution Improvement Act of 2018'' or ``READI Act''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``Administrator'' means the Administrator of 
     the Federal Emergency Management Agency;
       (2) the term ``Commission'' means the Federal 
     Communications Commission;
       (3) the term ``Emergency Alert System'' means the national 
     public warning system, the rules for which are set forth in 
     part 11 of title 47, Code of Federal Regulations (or any 
     successor regulation); and
       (4) the term ``Wireless Emergency Alert System'' means the 
     wireless national public warning system established under the 
     Warning, Alert, and Response Network Act (47 U.S.C. 1201 et 
     seq.), the rules for which are set forth in part 10 of title 
     47, Code of Federal Regulations (or any successor 
     regulation).

     SEC. 3. WIRELESS EMERGENCY ALERT SYSTEM OFFERINGS.

       (a) Amendment.--Section 602(b)(2)(E) of the Warning, Alert, 
     and Response Network Act (47 U.S.C. 1201(b)(2)(E)) is 
     amended--
       (1) by striking the second and third sentences; and
       (2) by striking ``other than an alert issued by the 
     President.'' and inserting the following: ``other than an 
     alert issued by--
       ``(A) the President; or
       ``(B) the Administrator of the Federal Emergency Management 
     Agency.''.
       (b) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the Commission, in consultation with 
     the Administrator, shall adopt regulations to implement the 
     amendment made by subsection (a)(2).

     SEC. 4. STATE EMERGENCY ALERT SYSTEM PLANS AND EMERGENCY 
                   COMMUNICATIONS COMMITTEES.

       (a) Definitions.--In this section--
       (1) the term ``SECC'' means a State Emergency 
     Communications Committee;
       (2) the term ``State'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, American Samoa, 
     the Commonwealth of the Northern Mariana Islands, and any 
     possession of the United States; and
       (3) the term ``State EAS Plan'' means a State Emergency 
     Alert System Plan.
       (b) State Emergency Communications Committee.--Not later 
     than 180 days after the date of enactment of this Act, the 
     Commission shall adopt regulations that--
       (1) encourage the chief executive of each State--
       (A) to establish an SECC if the State does not have an 
     SECC; or
       (B) if the State has an SECC, to review the composition and 
     governance of the SECC;
       (2) provide that--
       (A) each SECC, not less frequently than annually, shall--
       (i) meet to review and update its State EAS Plan;
       (ii) certify to the Commission that the SECC has met as 
     required under clause (i); and
       (iii) submit to the Commission an updated State EAS Plan; 
     and
       (B) not later than 60 days after the date on which the 
     Commission receives an updated State EAS Plan under 
     subparagraph (A)(iii), the Commission shall--
       (i) approve or disapprove the updated State EAS Plan; and
       (ii) notify the chief executive of the State of the 
     Commission's findings; and
       (3) establish a State EAS Plan content checklist for SECCs 
     to use when reviewing and updating a State EAS Plan for 
     submission to the Commission under paragraph (2)(A).
       (c) Consultation.--The Commission shall consult with the 
     Administrator regarding the adoption of regulations under 
     subsection (b)(3).

[[Page S7727]]

  


     SEC. 5. EMERGENCY ALERT BEST PRACTICES.

       (a) Guidance.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall develop and 
     issue guidance for State, Tribal, and local governments 
     regarding policies and procedures relating to emergency 
     alerts.
       (2) Contents.--The guidance developed under paragraph (1) 
     shall include best practices and recommendations for--
       (A) the processes and procedures that a State, Tribal, or 
     local government official should use to issue an alert that 
     will use the Emergency Alert System or Wireless Emergency 
     Alert System, including information about the technology used 
     to issue such an alert;
       (B) steps that a State, Tribal, or local government 
     official should take to mitigate the possibility of the 
     issuance of a false alert through the Emergency Alert System 
     and related emergency alerting systems;
       (C) the process that a State, Tribal, or local government 
     official should adopt to retract a false alert in the case of 
     the issuance of such an alert;
       (D) the annual training of State, Tribal, and local alert 
     origination staff related to the--
       (i) issuance of alerts;
       (ii) avoidance of false alerts; and
       (iii) retracting of false alerts; and
       (E) a plan by which participants in the Emergency Alert 
     System and the Wireless Emergency Alert System and other 
     relevant State, Tribal, and local government officials may, 
     during an emergency, contact each other, as well as Federal 
     officials, when appropriate and necessary, by telephone, text 
     message, or other means of communication, regarding an alert 
     that has been distributed to the public.
       (b) Rule of Construction.--Nothing in subsection (a) shall 
     be construed to amend, supplement, or abridge the authority 
     of the Commission under the Communications Act of 1934 (47 
     U.S.C. 151 et seq.) or in any other manner give the 
     Administrator authority over communications service providers 
     participating in the Emergency Alert System or the Wireless 
     Emergency Alert System.

     SEC. 6. FALSE ALERT REPORTING.

       Not later than 180 days after the date of enactment of this 
     Act, the Commission, in consultation with the Administrator, 
     shall complete a rulemaking proceeding to establish a system 
     to receive from the Administrator or State, Tribal, or local 
     governments reports of false alerts under the Emergency Alert 
     System or the Wireless Emergency Alert System for the purpose 
     of recording such false alerts and examining their causes.

     SEC. 7. REPEATING EMERGENCY ALERT SYSTEM MESSAGES FOR 
                   NATIONAL SECURITY.

       Not later than 180 days after the date of enactment of this 
     Act, the Commission, in consultation with the Administrator, 
     shall complete a rulemaking proceeding to modify the 
     Emergency Alert System to provide for repeating Emergency 
     Alert System messages while an alert remains pending that is 
     issued by--
       (1) the President;
       (2) the Administrator; or
       (3) any other entity under specified circumstances as 
     determined by the Commission, in consultation with the 
     Administrator.

     SEC. 8. INTERNET AND ONLINE STREAMING SERVICES EMERGENCY 
                   ALERT EXAMINATION.

       (a) Study.--Not later than 180 days after the date of 
     enactment of this Act, and after providing public notice and 
     opportunity for comment, the Commission shall complete an 
     inquiry to examine the feasibility of updating the Emergency 
     Alert System to enable or improve alerts to consumers 
     provided through the internet, including through streaming 
     services.
       (b) Report.--Not later than 90 days after completing the 
     inquiry under subsection (a), the Commission shall submit a 
     report on the findings and conclusions of the inquiry to--
       (1) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (2) the Committee on Energy and Commerce of the House of 
     Representatives.

                          ____________________