[Congressional Record Volume 164, Number 73 (Monday, May 7, 2018)]
[Senate]
[Pages S2518-S2527]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself and Mr. Whitehouse):
  S. 2795. A bill to provide for programs to help reduce the risk that 
prisoners will recidivate upon release from prison, and for other 
purposes; to the Committee on the Judiciary.

                                S. 2795

       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.

          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.

[[Page S2519]]

Sec. 404. Identification for returning citizens.
Sec. 405. Miscellaneous.
Sec. 406. Expanding inmate employment through Federal prison 
              industries.
Sec. 407. De-escalation training.
Sec. 408. Evidence-based treatment for opioid and heroin abuse.
Sec. 409. Pilot programs.
Sec. 410. Ensuring supervision of released sexually dangerous persons.
Sec. 411. Data collection.
Sec. 412. Healthcare products.
Sec. 413. Prison rape elimination standards auditors.
Sec. 414. 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

       ``(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 reduce 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 ensurse 
     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

[[Page S2520]]

     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 
     service 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 3 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).
       ``(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.
       ``(xx) Section 2118(c)(2) of title 18, United States Code, 
     relating to robberies and burglaries involving controlled 
     substances resulting in death.
       ``(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

[[Page S2521]]

       ``(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 two 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 low or no 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 sections for chapter 
     229 of title 18, United States Code, is amended by adding at 
     the end the following:

            ``subchapter d-- risk and needs assessment system

``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. 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 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

[[Page S2522]]

       ``(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 Prison Reform 
     and Redemption 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 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 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

[[Page S2523]]

     apply to prerelease custody under this subsection.
       ``(h) Alien Prisoners Subject to Deportation.--If a 
     prisoner who is placed in prerelease custody is an alien 
     whose deportation was ordered as a condition of such 
     prerelease custody or who is subject to a detainer filed by 
     United States Immigration and Customs Enforcement for the 
     purposes of determining the alien's deportability, United 
     States Immigration and Customs Enforcement shall take custody 
     of the alien upon the alien's transfer to prerelease 
     custody.''.
       (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.

     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 recidvism 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.--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) 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 custFody 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.

          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 health care 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 health care 
     professional, that prisoner shall be notified by an 
     appropriate health care 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

[[Page S2524]]

     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 health care 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 health care 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 health care 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 twelve-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 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, and the 
     prisoner's mental and medical health needs, place the 
     prisoner in a facility as close as practicable to the 
     prisoner's primary residence, but, in any case, not more than 
     500 driving miles from the prisoner's primary residence. 
     Subject to bed availability and the prisoner's security 
     designation, the Bureau shall 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, unless the 
     prisoner chooses to remain at his or her current facility.''.

     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; and
       (B) in subparagraph (B), 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'';
       (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'';
       (ii) in clause (ii)--

       (I) by striking ``the greater of 10 years or''; and
       (II) by striking ``75 percent'' and inserting ``\2/3\''; 
     and

       (iii) in clause (vii), by inserting before the period at 
     the end the following: ``, and beginning on the date that is 
     2 years after the date on which the Bureau of Prisons has 
     completed the initial intake risk and needs assessment for 
     each prisoner under section 3621(h)(1)(A) of title 18, United 
     States Code, has been determined to have a minimum or low 
     risk of recidivism based on 2 consecutive assessments 
     described in such section 3621''; 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 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 
     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
       ``(D) a defendant's ability to request a sentence reduction 
     pursuant to subsection (c)(1)(A);
       ``(E) the procedures and timelines for initiating and 
     resolving requests described in clause (i); and
       ``(F) 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

[[Page S2525]]

     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'';
       (B) by striking ``or a 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 of the United States Code, is amended--
       (1) by redesignating paragraph (D) as paragraph (6);
       (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); and
       (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;''.
       (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''.

     SEC. 405. MISCELLANEOUS.

       (a) Repeal.--Section 4351 of title 18, United States Code, 
     is repealed.
       (b) Conforming Amendment.--Section 4352 of title 18, United 
     States Code, is amended in subsection (a), by striking 
     ``National Institution of Corrections'' and inserting 
     ``National Institute of Justice''.
       (c) Strike Related to Functions of the National Institute 
     of Corrections.--The Department of Justice Appropriations 
     Act, 1997 (Title I, Div. A, Public Law 104-208, 110 Stat. 
     3009-11) is amended under the heading ``Federal Prison 
     System, Salaries and Expenses'' by striking the eighth 
     proviso (pertaining to the budget and functions of the 
     National Institute of Corrections).

     SEC. 406. 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;
       ``(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 that 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 related 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. 407. 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. 408. 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. 409. PILOT PROGRAMS.

       (a) In General.--The Bureau of Prisons shall establish each 
     of the following pilot programs for 2 years, in at least 10 
     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

[[Page S2526]]

     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 one 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. 410. 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. 411. 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 methadone or 
     buprenorphine while in custody in order to manage withdrawal 
     or to continually treat substance dependence and abuse.
       (6) The number of prisoners who were receiving methadone or 
     buprenorphine therapy 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 health care 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 Prison staff by 
     prisoners and the number of criminal prosecutions of 
     prisoners for assaulting Bureau of Prison 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 one 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. 412. 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. 413. 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 three-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. 414. 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

[[Page S2527]]

     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).''.

                          ____________________