[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5682 Engrossed in House (EH)]

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115th CONGRESS
  2d Session
                                H. R. 5682

_______________________________________________________________________

                                 AN ACT


 
  To provide for programs to help reduce the risk that prisoners will 
      recidivate upon release from prison, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Formerly 
Incarcerated Reenter Society Transformed Safely Transitioning Every 
Person Act'' or the ``FIRST STEP Act''.
    (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.
          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--MISCELLANEOUS CRIMINAL JUSTICE

Sec. 401. Placement of prisoners close to families.
Sec. 402. Home confinement for low risk prisoners.
Sec. 403. Federal prisoner reentry initiative reauthorization; 
                            modification of imposed term of 
                            imprisonment.
Sec. 404. Identification for returning citizens.
Sec. 405. Expanding inmate employment through Federal prison 
                            industries.
Sec. 406. De-escalation training.
Sec. 407. Evidence-based treatment for opioid and heroin abuse.
Sec. 408. Pilot programs.
Sec. 409. Ensuring supervision of released sexually dangerous persons.
Sec. 410. Data collection.
Sec. 411. Healthcare products.
Sec. 412. Prison rape elimination standards auditors.
Sec. 413. Adult and juvenile collaboration programs.

                     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; 
        and
            ``(5) the Director of the National Institute of 
        Corrections.
    ``(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 the 
        enactment of the FIRST STEP Act;
            ``(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 and validate 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 the 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 180 days after the date of the 
enactment of the FIRST STEP Act, the Attorney General shall develop and 
release 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, amount, and intensity of 
        evidence-based recidivism reduction programs that are 
        appropriate for each prisoner and assign each prisoner to such 
        programs 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 and 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;
            ``(5) determine when to provide incentives and rewards for 
        successful participation in evidence-based recidivism reduction 
        programs or productive activities in accordance with subsection 
        (e); and
            ``(6) determine when a prisoner is ready to transfer into 
        prerelease custody in accordance with section 3624(c).
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. 
        Such incentives shall include not less than two 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 two 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 the enactment of 
                        this Act;
                            ``(ii) during official detention prior to 
                        the date that the prisoner's sentence commences 
                        under section 3585(a); or
                            ``(iii) if that prisoner is an inadmissible 
                        or deportable alien under the immigration laws 
                        (as such term is defined in section 101 of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1101)).
                    ``(C) Application of time credits toward pre-
                release custody.--Time credits earned under this 
                paragraph by prisoners who successfully participate in 
                recidivism reduction programs or productive activities 
                and who have been determined to be at minimum risk or 
                low risk for recidivating pursuant to their last two 
                reassessments shall be applied toward time in pre-
                release custody. The Director of the Bureau of Prisons 
                shall transfer prisoners described in this subparagraph 
                into prerelease custody, except that the Director of 
                the Bureau of Prisons may deny such a transfer if the 
                warden of the prison finds by clear and convincing 
                evidence that the prisoner should not be transferred 
                into prerelease custody based only on evidence of the 
                prisoner's actions after the conviction of such 
                prisoner and not based on evidence from the underlying 
                conviction, and submits a detailed written statement 
                regarding such finding to the Director of the Bureau of 
                Prisons.
                    ``(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 113(a)(1), relating to 
                        assault with intent to commit murder.
                            ``(ii) 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.
                            ``(iii) Any section of chapter 10, relating 
                        to biological weapons.
                            ``(iv) Any section of chapter 11B, relating 
                        to chemical weapons.
                            ``(v) Section 351, relating to 
                        Congressional, Cabinet, and Supreme Court 
                        assassination, kidnapping, and assault.
                            ``(vi) Section 793, relating to gathering, 
                        transmitting, or losing defense information.
                            ``(vii) Section 794, relating to gathering 
                        or delivering defense information to aid a 
                        foreign government.
                            ``(viii) 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).
                            ``(ix) Section 842(p), relating to 
                        distribution of information relating to 
                        explosive, destructive devices, and weapons of 
                        mass destruction, but only if the conviction 
                        involved a weapon of mass destruction (as 
                        defined in section 2332a(c)(2) of such title).
                            ``(x) Subsection (f)(3), (h), or (i) of 
                        section 844, relating to the use of fire or an 
                        explosive.
                            ``(xi) Section 924(e), relating to unlawful 
                        possession of a firearm by a person with three 
                        or more convictions for a violent felony.
                            ``(xii) Section 1030(a)(1), relating to 
                        fraud and related activity in connection with 
                        computers.
                            ``(xiii) 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).
                            ``(xiv) Any section of chapter 55, relating 
                        to kidnapping.
                            ``(xv) Any offense under chapter 77, 
                        relating to peonage, slavery, and trafficking 
                        in persons, except for sections 1592 through 
                        1596.
                            ``(xvi) Section 1751, relating to 
                        Presidential and Presidential staff 
                        assassination, kidnapping, and assault.
                            ``(xvii) Section 1841(a)(2)(C), relating to 
                        intentionally killing or attempting to kill an 
                        unborn child.
                            ``(xviii) 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.
                            ``(xix) Section 2113(e), relating to bank 
                        robbery resulting in death.
                            ``(xx) Section 2118(c)(2), relating to 
                        robberies and burglaries involving controlled 
                        substances resulting in death.
                            ``(xxi) Section 2119(3), relating to taking 
                        a motor vehicle (commonly referred to as 
                        `carjacking') that results in death.
                            ``(xxii) Any section of chapter 105, 
                        relating to sabotage, except for section 2152.
                            ``(xxiii) Any section of chapter 109A, 
                        relating to sexual abuse, except that with 
                        regard to section 2244, only a conviction under 
                        subsection (c) of that section (relating to 
                        abusive sexual contact involving young 
                        children) shall make a prisoner ineligible 
                        under this subparagraph.
                            ``(xxiv) Section 2251, relating to the 
                        sexual exploitation of children.
                            ``(xxv) Section 2251A, relating to the 
                        selling or buying of children.
                            ``(xxvi) Any of paragraphs (1) through (3) 
                        of section 2252(a), relating to certain 
                        activities relating to material involving the 
                        sexual exploitation of minors.
                            ``(xxvii) A second or subsequent conviction 
                        under any of paragraphs (1) through (6) of 
                        section 2252A(a), relating to certain 
                        activities relating to material constituting or 
                        containing child pornography.
                            ``(xxviii) Section 2260, relating to the 
                        production of sexually explicit depictions of a 
                        minor for importation into the United States.
                            ``(xxix) Section 2283, relating to the 
                        transportation of explosive, biological, 
                        chemical, or radioactive or nuclear materials.
                            ``(xxx) Section 2284, relating to the 
                        transportation of terrorists.
                            ``(xxxi) Section 2291, relating to the 
                        destruction of a vessel or maritime facility, 
                        but only if the conduct which led to the 
                        conviction involved a substantial risk of death 
                        or serious bodily injury.
                            ``(xxxii) Any section of chapter 113B, 
                        relating to terrorism.
                            ``(xxxiii) Section 2340A, relating to 
                        torture.
                            ``(xxxiv) Section 2381, relating to 
                        treason.
                            ``(xxxv) Section 2442, relating to the 
                        recruitment or use of child soldiers.
                            ``(xxxvi) Section 57(b) of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2077(b)), 
                        relating to the engagement or participation in 
                        the development or production of special 
                        nuclear material.
                            ``(xxxvii) Section 92 of the Atomic Energy 
                        Act of 1954 (42 U.S.C. 2122), relating to 
                        prohibitions governing atomic weapons.
                            ``(xxxviii) Section 101 of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2131), relating 
                        to the atomic energy license requirement.
                            ``(xxxix) 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.
                            ``(xl) Section 236 of the Atomic Energy Act 
                        of 1954 (42 U.S.C. 2284), relating to the 
                        sabotage of nuclear facilities or fuel.
                            ``(xli) Section 60123(b) of title 49, 
                        United States Code, relating to damaging or 
                        destroying a pipeline facility, but only if the 
                        conduct which led to the conviction involved a 
                        substantial risk of death or serious bodily 
                        injury.
                            ``(xlii) Section 401(a) of the Controlled 
                        Substances Act (21 U.S.C. 841), relating to 
                        manufacturing or distributing a controlled 
                        substance, but only in the case of a conviction 
                        for an offense described in subparagraph (A), 
                        (B), or (C) of subsection (b)(1) of that 
                        section for which death or serious bodily 
                        injury resulted from the use of such substance.
                            ``(xliii) Section 276(a) of the 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.
                            ``(xliv) Any section of the Export 
                        Administration Act of 1979 (50 U.S.C. App. 2401 
                        et seq.)
                            ``(xlv) Section 206 of the International 
                        Emergency Economic Powers Act (50 U.S.C. 1705).
                            ``(xlvi) 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.
                            ``(xlvii) An offense described in section 
                        3559(c)(2)(F), for which the offender was 
                        sentenced to a term of imprisonment of more 
                        than one year, if the offender has a previous 
                        conviction, for which the offender served a 
                        term of imprisonment of more than one 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).
                            ``(xlviii) Section 2118(c)(2) of title 18, 
                        United States Code, relating to robberies and 
                        burglaries involving controlled substances 
                        resulting in death.
            ``(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 (e) 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.
``Sec. 3633. Evidence-based recidivism reduction program and 
              recommendations
    ``Prior to releasing the System, the Attorney General shall--
            ``(1) review the effectiveness of evidence-based recidivism 
        reduction programs that exist as of the date of the enactment 
        of this subchapter in prisons operated by the Bureau of 
        Prisons;
            ``(2) review available information regarding the 
        effectiveness of evidence-based recidivism reduction programs 
        and productive activities that exist in State-operated prisons 
        throughout the United States;
            ``(3) identify the most effective evidence-based recidivism 
        reduction programs;
            ``(4) review the policies for entering into 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.
``Sec. 3634. Report
    ``Beginning on the date that is 2 years after the date of the 
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 Act, 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 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 
                chapter.
            ``(7) Recommendations for how to reinvest any savings into 
        other Federal, State, and local law enforcement activities and 
        evidence-based recidivism reduction programs in the Bureau of 
        Prisons.
``Sec. 3635. Definitions
    ``In this subchapter the following definitions apply:
            ``(1) 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.
            ``(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.
            ``(3) 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) the risk that a prisoner will recidivate upon 
                release from prison; and
                    ``(B) the recidivism reduction programs that will 
                best minimize the risk that the prisoner will 
                recidivate upon release from prison.
            ``(4) 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.''.
    (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 System.......................    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, amount, and intensity 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 the enactment of the FIRST STEP Act, 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,'';
                            (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 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 been classified by the warden of the 
                prison as otherwise qualified to be transferred into 
                prerelease custody; and
                    ``(D)(i) has been determined under the System to be 
                a minimum or low risk to recidivate; or
                    ``(ii) has had a petition to be transferred to 
                prerelease custody approved by the warden of the 
                prison, after the warden's determination that--
                            ``(I) the prisoner would not be a danger to 
                        society if transferred to prerelease custody;
                            ``(II) the prisoner has made a good faith 
                        effort to lower their recidivism risk through 
                        participation in recidivism reduction programs 
                        or productive activities;
                            ``(III) the prisoner is unlikely to 
                        recidivate; and
                            ``(IV) the transfer of the prisoner to 
                        prerelease custody is otherwise appropriate.
            ``(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; or
                                            ``(ff) attend religious 
                                        activities; 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) 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.
            ``(4) 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.
            ``(5) 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 
                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.
            ``(6) 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 or community supervision 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.
            ``(7) 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.
            ``(8) Mentoring services.--Any prerelease custody into 
        which a prisoner is placed under this subsection may not 
        include a condition prohibiting the prisoner from receiving 
        mentoring 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 mentoring services and to the prisoner.
            ``(9) Time limits inapplicable.--The time limits under 
        subsections (b) and (c) shall not apply to prerelease custody 
        under this subsection.''.
            (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.
            (3) Applicability.--The amendments made by this subsection 
        shall apply with respect to offenses committed before, on, or 
        after the date of the 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.
            (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).
            (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.
            (5) Whether officers and employees of the Bureau of Prisons 
        are receiving the training described in section 3236(f) of 
        title 18, United States Code.
            (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 as soon as they are eligible for such a 
        transfer under section 3624(g) of title 18, United States Code.
            (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 $50,000,000 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 102 and the amendments made by that section.
    (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) into evidence-based recidivism reduction programs 
        offered by the Bureau of Prisons; and
            (2) 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 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.

SEC. 106. FAITH-BASED CONSIDERATIONS.

    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.

          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, as amended by this Act, is 
further 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 four-
                        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 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 
        which 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 subsection (c)(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 Act, 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) 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) The term `restraints' means any physical or 
        mechanical device used to control the movement of a prisoner's 
        body, limbs, or both.
            ``(3) 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
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--MISCELLANEOUS CRIMINAL JUSTICE

SEC. 401. PLACEMENT OF PRISONERS CLOSE TO FAMILIES.

    Subsection (b) of section 3621 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. 402. 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. 403. 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)--
                    (A) by striking ``at least one Bureau of Prisons 
                facility'' and inserting ``Bureau of Prisons 
                facilities''; and
                    (B) by striking ``and shall be carried out during 
                fiscal years 2009 and 2010'' and inserting ``and shall 
                be carried out during fiscal years 2019 through 2022'';
            (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)--
                                    (I) by striking ``the greater of 10 
                                years or''; and
                                    (II) 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 which 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 which 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. 404. 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
            (3) in paragraph (7) (as so redesignated), by redesignating 
        clauses (i) through (vii) as subparagraphs (A) through (G), 
        respectively.

SEC. 405. 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.--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 section 501(c)(3), 
        (c)(4), or (d) of the Internal Revenue Code of 1986 that is 
        exempt from taxation under section 501(a) of such Code.
    ``(b) Definitions.--In this section:
            ``(1) 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.
            ``(2) 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,''.

SEC. 406. DE-ESCALATION TRAINING.

    Beginning not later than 1 year after the date of the 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 
        106 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. 407. 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 the 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 the 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. 408. 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 106) 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. 409. 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. 410. DATA COLLECTION.

    (a) National Prisoner Statistics Program.--Beginning not later than 
one year after the date of the 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 106 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, still-birth, miscarriage, abortion, ectopic 
        pregnancy, maternal death, neonatal death, and preterm birth.
            (4) The numbers 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 numbers 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 one 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, 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 403 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 the 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 
Committees on the Judiciary of the House of Representatives and of the 
Senate.

SEC. 411. 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. 412. PRISON RAPE ELIMINATION STANDARDS AUDITORS.

    Section 8(e)(8) of the Prison Rape Elimination Act of 2003 (34 
U.S.C. 30307(e)(8)) is amended to read as follows:
            ``(8) Standards for auditors.--
                    ``(A) In general.--
                            ``(i) Background checks for auditors.--An 
                        individual seeking certification by the 
                        Department of Justice to serve as an auditor of 
                        prison compliance with the national standards 
                        described in subsection (a) shall, upon 
                        request, submit fingerprints in the manner 
                        determined by the Attorney General for criminal 
                        history record checks of the applicable State 
                        and Federal Bureau of Investigation 
                        repositories.
                            ``(ii) Certification agreements.--Each 
                        auditor certified under this paragraph shall 
                        sign a certification agreement that includes 
                        the provisions of, or provisions that are 
                        substantially similar to, the Bureau of Justice 
                        Assistance's Auditor Certification Agreement in 
                        use in April 2018.
                            ``(iii) Auditor evaluation.--The PREA 
                        Management Office of the Bureau of Justice 
                        Assistance shall evaluate all auditors based on 
                        the criteria contained in the certification 
                        agreement. In the case that an auditor fails to 
                        comply with a certification agreement or to 
                        conduct audits in accordance with the PREA 
                        Auditor Handbook, audit methodology, and 
                        instrument approved by the PREA Management 
                        Office, the Office may take remedial or 
                        disciplinary action, as appropriate, including 
                        decertifying the auditor in accordance with 
                        subparagraph (B).
                    ``(B) Auditor decertification.--
                            ``(i) In general.--The PREA Management 
                        Office may suspend an auditor's certification 
                        during an evaluation of an auditor's 
                        performance under subparagraph (A)(iii). The 
                        PREA Management Office shall promptly publish 
                        the names of auditors who have been 
                        decertified, and the reason for 
                        decertification. Auditors who have been 
                        decertified or are on suspension may not 
                        participate in audits described in subsection 
                        (a), including as an agent of a certified 
                        auditor.
                            ``(ii) Notification.--In the case that an 
                        auditor is decertified, the PREA Management 
                        Office shall inform each facility or agency at 
                        which the auditor performed an audit during the 
                        relevant 3-year audit cycle, and may recommend 
                        that the agency repeat any affected audits, if 
                        appropriate.
                    ``(C) Audit assignments.--The PREA Management 
                Office shall establish a system, to be administered by 
                the Office, for assigning certified auditors to 
                Federal, State, and local facilities.
                    ``(D) Disclosure of documentation.--The Director of 
                the Bureau of Prisons shall comply with each request 
                for documentation necessary to conduct an audit under 
                subsection (a), which is made by a certified auditor in 
                accordance with the provisions of the certification 
                agreement described in subparagraph (A)(ii). The 
                Director of the Bureau of Prisons may require an 
                auditor to sign a confidentiality agreement or other 
                agreement designed to address the auditor's use of 
                personally identifiable information, except that such 
                an agreement may not limit an auditor's ability to 
                provide all such documentation to the Department of 
                Justice, as required under section 115.401(j) of title 
                28, Code of Federal Regulations.''.

SEC. 413. 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) by striking subsection (b)(4)(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).''.

            Passed the House of Representatives May 22, 2018.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                               H. R. 5682

_______________________________________________________________________

                                 AN ACT

  To provide for programs to help reduce the risk that prisoners will 
      recidivate upon release from prison, and for other purposes.