[Congressional Record Volume 164, Number 197 (Thursday, December 13, 2018)]
[Senate]
[Pages S7600-S7620]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4106. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill S. 1862, to amend the Trafficking Victims Protection 
Act of 2000 to modify the criteria for determining whether countries 
are meeting the minimum standards for the elimination of human 
trafficking, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 28, line 12, strike ``unreasonable''.
       On page 28, strike lines 19 and 20 and insert the 
     following:
       ``(6) Credible information.--The term `credible 
     information' includes all of the following:
       On page 30, between lines 19 and 20, insert the following:

     SEC. 4. PROHIBITION ON PLACEMENT OR RECRUITMENT FEES.

       Section 106(g) of the Trafficking Victims Protection Act of 
     2000 (22 U.S.C. 7104(g)) is amended--
       (1) by redesignating clauses (i) through (iv) as paragraphs 
     (1) through (4), respectively, and moving such paragraphs 4 
     ems to the left; and
       (2) in paragraph (4), as redesignated--
       (A) by redesignating subclauses (I) through (V) as 
     subparagraphs (A) through (E), respectively, and moving such 
     subparagraphs 4 ems to the left;
       (B) in subparagraph (B), as redesignated, by redesignating 
     items (aa) and (bb) as clauses (i) and (ii), respectively, 
     and moving such clauses 4 ems to the left; and
       (C) in subparagraph (D), as redesignated, by striking 
     ``unreasonable placement or recruitment fees'' and all that 
     follows through the period at the end and inserting 
     ``placement or recruitment fees.''.
       On page 30, line 20, strike ``4'' and insert ``5''.
       On page 31, line 1, strike ``5'' and insert ``6''.
       On page 33, line 8, strike ``credible evidence'' and insert 
     ``credible information''.
       On page 35, line 24, strike ``credible evidence'' and 
     insert ``credible information''.
       On page 37, line 1, strike ``6'' and insert ``7''.
       On page 38, line 5, strike ``7'' and insert ``8''.
                                 ______
                                 
  SA 4107. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill H.R. 2200, to reauthorize the Trafficking Victims 
Protection Act of 2000, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 53, line 9, insert ``, in consultation with the 
     Secretary of Education and the Secretary of Labor,'' after 
     ``Services''.
       On page 57, line 16, insert ``the Secretary of Labor'' 
     after ``Administration,''.
       Beginning on page 58, strike line 14 and all that follows 
     through page 65, line 14.
       On page 71, strike lines 1 through 25.
                                 ______
                                 
  SA 4108.  Mr. McCONNELL (for Mr. Grassley) proposed an amendment to 
the bill S. 756, to reauthorize and amend the Marine Debris Act to 
promote international action to reduce marine debris, and for other 
purposes; as follows:

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                     TITLE I--RECIDIVISM REDUCTION

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

          TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

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

         TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

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

                      TITLE IV--SENTENCING REFORM

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

           TITLE V--SECOND CHANCE ACT OF 2007 REAUTHORIZATION

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

                TITLE VI--MISCELLANEOUS CRIMINAL JUSTICE

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

                     TITLE I--RECIDIVISM REDUCTION

     SEC. 101. RISK AND NEEDS ASSESSMENT SYSTEM.

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

            ``SUBCHAPTER D--RISK AND NEEDS ASSESSMENT SYSTEM

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

     ``Sec. 3631. Duties of the Attorney General

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

[[Page S7601]]

       ``(A) evidence-based recidivism reduction programs relating 
     to the use of prisoner risk and needs assessment tools;
       ``(B) the most effective and efficient uses of such 
     programs;
       ``(C) which evidence-based recidivism reduction programs 
     are the most effective at reducing recidivism, and the type, 
     amount, and intensity of programming that most effectively 
     reduces the risk of recidivism; and
       ``(D) products purchased by Federal agencies that are 
     manufactured overseas and could be manufactured by prisoners 
     participating in a prison work program without reducing job 
     opportunities for other workers in the United States;
       ``(4) on an annual basis, review, validate, and release 
     publicly on the Department of Justice website the risk and 
     needs assessment system, which review shall include--
       ``(A) any subsequent changes to the risk and needs 
     assessment system made after the date of enactment of this 
     subchapter;
       ``(B) the recommendations developed under paragraph (2), 
     using the research conducted under paragraph (3);
       ``(C) an evaluation to ensure that the risk and needs 
     assessment system bases the assessment of each prisoner's 
     risk of recidivism on indicators of progress and of 
     regression that are dynamic and that can reasonably be 
     expected to change while in prison;
       ``(D) statistical validation of any tools that the risk and 
     needs assessment system uses; and
       ``(E) an evaluation of the rates of recidivism among 
     similarly classified prisoners to identify any unwarranted 
     disparities, including disparities among similarly classified 
     prisoners of different demographic groups, in such rates;
       ``(5) make any revisions or updates to the risk and needs 
     assessment system that the Attorney General determines 
     appropriate pursuant to the review under paragraph (4), 
     including updates to ensure that any disparities identified 
     in paragraph (4)(E) are reduced to the greatest extent 
     possible; and
       ``(6) report to Congress in accordance with section 3634.

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

       ``(a) In General.--Not later than 210 days after the date 
     of enactment of this subchapter, the Attorney General, in 
     consultation with the Independent Review Committee authorized 
     by the First Step Act of 2018, shall develop and release 
     publicly on the Department of Justice website a risk and 
     needs assessment system (referred to in this subchapter as 
     the `System'), which shall be used to--
       ``(1) determine the recidivism risk of each prisoner as 
     part of the intake process, and classify each prisoner as 
     having minimum, low, medium, or high risk for recidivism;
       ``(2) assess and determine, to the extent practicable, the 
     risk of violent or serious misconduct of each prisoner;
       ``(3) determine the type and amount of evidence-based 
     recidivism reduction programming that is appropriate for each 
     prisoner and assign each prisoner to such programming 
     accordingly, and based on the prisoner's specific 
     criminogenic needs, and in accordance with subsection (b);
       ``(4) reassess the recidivism risk of each prisoner 
     periodically, based on factors including indicators of 
     progress, and of regression, that are dynamic and that can 
     reasonably be expected to change while in prison;
       ``(5) reassign the prisoner to appropriate evidence-based 
     recidivism reduction programs or productive activities based 
     on the revised determination to ensure that--
       ``(A) all prisoners at each risk level have a meaningful 
     opportunity to reduce their classification during the period 
     of incarceration;
       ``(B) to address the specific criminogenic needs of the 
     prisoner; and
       ``(C) all prisoners are able to successfully participate in 
     such programs;
       ``(6) determine when to provide incentives and rewards for 
     successful participation in evidence-based recidivism 
     reduction programs or productive activities in accordance 
     with subsection (e);
       ``(7) determine when a prisoner is ready to transfer into 
     prerelease custody or supervised release in accordance with 
     section 3624; and
       ``(8) determine the appropriate use of audio technology for 
     program course materials with an understanding of dyslexia.
     In carrying out this subsection, the Attorney General may use 
     existing risk and needs assessment tools, as appropriate.
       ``(b) Assignment of Evidence-based Recidivism Reduction 
     Programs.--The System shall provide guidance on the type, 
     amount, and intensity of evidence-based recidivism reduction 
     programming and productive activities that shall be assigned 
     for each prisoner, including--
       ``(1) programs in which the Bureau of Prisons shall assign 
     the prisoner to participate, according to the prisoner's 
     specific criminogenic needs; and
       ``(2) information on the best ways that the Bureau of 
     Prisons can tailor the programs to the specific criminogenic 
     needs of each prisoner so as to most effectively lower each 
     prisoner's risk of recidivism.
       ``(c) Housing and Assignment Decisions.--The System shall 
     provide guidance on program grouping and housing assignment 
     determinations and, after accounting for the safety of each 
     prisoner and other individuals at the prison, provide that 
     prisoners with a similar risk level be grouped together in 
     housing and assignment decisions to the extent practicable.
       ``(d) Evidence-Based Recidivism Reduction Program 
     Incentives and Productive Activities Rewards.--The System 
     shall provide incentives and rewards for prisoners to 
     participate in and complete evidence-based recidivism 
     reduction programs as follows:
       ``(1) Phone and visitation privileges.--A prisoner who is 
     successfully participating in an evidence-based recidivism 
     reduction program shall receive--
       ``(A) phone privileges, or, if available, video 
     conferencing privileges, for up to 30 minutes per day, and up 
     to 510 minutes per month; and
       ``(B) additional time for visitation at the prison, as 
     determined by the warden of the prison.
       ``(2) Transfer to institution closer to release 
     residence.--A prisoner who is successfully participating in 
     an evidence-based recidivism reduction program shall be 
     considered by the Bureau of Prisons for placement in a 
     facility closer to the prisoner's release residence upon 
     request from the prisoner and subject to--
       ``(A) bed availability at the transfer facility;
       ``(B) the prisoner's security designation; and
       ``(C) the recommendation from the warden of the prison at 
     which the prisoner is incarcerated at the time of making the 
     request.
       ``(3) Additional policies.--The Director of the Bureau of 
     Prisons shall develop additional policies to provide 
     appropriate incentives for successful participation and 
     completion of evidence-based recidivism reduction 
     programming. The incentives shall include not less than 2 of 
     the following:
       ``(A) Increased commissary spending limits and product 
     offerings.
       ``(B) Extended opportunities to access the email system.
       ``(C) Consideration of transfer to preferred housing units 
     (including transfer to different prison facilities).
       ``(D) Other incentives solicited from prisoners and 
     determined appropriate by the Director.
       ``(4) Time credits.--
       ``(A) In general.--A prisoner, except for an ineligible 
     prisoner under subparagraph (D), who successfully completes 
     evidence-based recidivism reduction programming or productive 
     activities, shall earn time credits as follows:
       ``(i) A prisoner shall earn 10 days of time credits for 
     every 30 days of successful participation in evidence-based 
     recidivism reduction programming or productive activities.
       ``(ii) A prisoner determined by the Bureau of Prisons to be 
     at a minimum or low risk for recidivating, who, over 2 
     consecutive assessments, has not increased their risk of 
     recidivism, shall earn an additional 5 days of time credits 
     for every 30 days of successful participation in evidence-
     based recidivism reduction programming or productive 
     activities.
       ``(B) Availability.--A prisoner may not earn time credits 
     under this paragraph for an evidence-based recidivism 
     reduction program that the prisoner successfully completed--
       ``(i) prior to the date of enactment of this subchapter; or
       ``(ii) during official detention prior to the date that the 
     prisoner's sentence commences under section 3585(a).
       ``(C) Application of time credits toward prerelease custody 
     or supervised release.--Time credits earned under this 
     paragraph by prisoners who successfully participate in 
     recidivism reduction programs or productive activities shall 
     be applied toward time in prerelease custody or supervised 
     release. The Director of the Bureau of Prisons shall transfer 
     eligible prisoners, as determined under section 3624(g), into 
     prerelease custody or supervised release.
       ``(D) Ineligible prisoners.--A prisoner is ineligible to 
     receive time credits under this paragraph if the prisoner is 
     serving a sentence for a conviction under any of the 
     following provisions of law:
       ``(i) Section 81, relating to arson within special maritime 
     and territorial jurisdiction.
       ``(ii) Section 111(b), relating to assaulting, resisting, 
     or impeding certain officers or employees using a deadly or 
     dangerous weapon or inflicting bodily injury.
       ``(iii) Paragraph (1), (7), or (8) of section 113(a), 
     relating to assault with intent to commit murder, assault 
     resulting in substantial bodily injury to a spouse or 
     intimate partner, a dating partner, or an individual who has 
     not attained the age of 16 years, or assault of a spouse, 
     intimate partner, or dating partner by strangling, 
     suffocating, or attempting to strangle or suffocate.
       ``(iv) Section 115, relating to influencing, impeding, or 
     retaliating against a Federal official by injuring a family 
     member, except for a threat made in violation of that 
     section.
       ``(v) Section 116, relating to female genital mutilation.
       ``(vi) Section 117, relating to domestic assault by a 
     habitual offender.
       ``(vii) Any section of chapter 10, relating to biological 
     weapons.
       ``(viii) Any section of chapter 11B, relating to chemical 
     weapons.
       ``(ix) Section 351, relating to Congressional, Cabinet, and 
     Supreme Court assassination, kidnapping, and assault.
       ``(x) Section 521, relating to criminal street gangs.
       ``(xi) Section 751, relating to prisoners in custody of an 
     institution or officer.

[[Page S7602]]

       ``(xii) Section 793, relating to gathering, transmitting, 
     or losing defense information.
       ``(xiii) Section 794, relating to gathering or delivering 
     defense information to aid a foreign government.
       ``(xiv) Any section of chapter 39, relating to explosives 
     and other dangerous articles, except for section 836 
     (relating to the transportation of fireworks into a State 
     prohibiting sale or use).
       ``(xv) Section 842(p), relating to distribution of 
     information relating to explosives, destructive devices, and 
     weapons of mass destruction, but only if the conviction 
     involved a weapon of mass destruction (as defined in section 
     2332a(c)).
       ``(xvi) Subsection (f)(3), (h), or (i) of section 844, 
     relating to the use of fire or an explosive.
       ``(xvii) Section 924(c), relating to unlawful possession or 
     use of a firearm during and in relation to any crime of 
     violence or drug trafficking crime.
       ``(xviii) Section 1030(a)(1), relating to fraud and related 
     activity in connection with computers.
       ``(xix) Any section of chapter 51, relating to homicide, 
     except for section 1112 (relating to manslaughter), 1113 
     (relating to attempt to commit murder or manslaughter, but 
     only if the conviction was for an attempt to commit 
     manslaughter), 1115 (relating to misconduct or neglect of 
     ship officers), or 1122 (relating to protection against the 
     human immunodeficiency virus).
       ``(xx) Any section of chapter 55, relating to kidnapping.
       ``(xxi) Any offense under chapter 77, relating to peonage, 
     slavery, and trafficking in persons, except for sections 1593 
     through 1596.
       ``(xxii) Section 1751, relating to Presidential and 
     Presidential staff assassination, kidnapping, and assault.
       ``(xxiii) Section 1791, relating to providing or possessing 
     contraband in prison.
       ``(xxiv) Section 1792, relating to mutiny and riots.
       ``(xxv) Section 1841(a)(2)(C), relating to intentionally 
     killing or attempting to kill an unborn child.
       ``(xxvi) Section 1992, relating to terrorist attacks and 
     other violence against railroad carriers and against mass 
     transportation systems on land, on water, or through the air.
       ``(xxvii) Section 2113(e), relating to bank robbery 
     resulting in death.
       ``(xxviii) Section 2118(c), relating to robberies and 
     burglaries involving controlled substances resulting in 
     assault, putting in jeopardy the life of any person by the 
     use of a dangerous weapon or device, or death.
       ``(xxix) Paragraph (2) or (3) of section 2119, relating to 
     taking a motor vehicle (commonly referred to as `carjacking') 
     that results in serious bodily injury or death.
       ``(xxx) Any section of chapter 105, relating to sabotage, 
     except for section 2152.
       ``(xxxi) Any section of chapter 109A, relating to sexual 
     abuse.
       ``(xxxii) Section 2250, relating to failure to register as 
     a sex offender.
       ``(xxxiii) Section 2251, relating to the sexual 
     exploitation of children.
       ``(xxxiv) Section 2251A, relating to the selling or buying 
     of children.
       ``(xxxv) Section 2252, relating to certain activities 
     relating to material involving the sexual exploitation of 
     minors.
       ``(xxxvi) Section 2252A, relating to certain activities 
     involving material constituting or containing child 
     pornography.
       ``(xxxvii) Section 2260, relating to the production of 
     sexually explicit depictions of a minor for importation into 
     the United States.
       ``(xxxviii) Section 2283, relating to the transportation of 
     explosive, biological, chemical, or radioactive or nuclear 
     materials.
       ``(xxxix) Section 2284, relating to the transportation of 
     terrorists.
       ``(xl) Section 2291, relating to the destruction of a 
     vessel or maritime facility, but only if the conduct that led 
     to the conviction involved a substantial risk of death or 
     serious bodily injury.
       ``(xli) Any section of chapter 113B, relating to terrorism.
       ``(xlii) Section 2340A, relating to torture.
       ``(xliii) Section 2381, relating to treason.
       ``(xliv) Section 2442, relating to the recruitment or use 
     of child soldiers.
       ``(xlv) An offense described in section 3559(c)(2)(F), for 
     which the offender was sentenced to a term of imprisonment of 
     more than 1 year, if the offender has a previous conviction, 
     for which the offender served a term of imprisonment of more 
     than 1 year, for a Federal or State offense, by whatever 
     designation and wherever committed, consisting of murder (as 
     described in section 1111), voluntary manslaughter (as 
     described in section 1112), assault with intent to commit 
     murder (as described in section 113(a)), aggravated sexual 
     abuse and sexual abuse (as described in sections 2241 and 
     2242), abusive sexual contact (as described in sections 
     2244(a)(1) and (a)(2)), kidnapping (as described in chapter 
     55), carjacking (as described in section 2119), arson (as 
     described in section 844(f)(3), (h), or (i)), or terrorism 
     (as described in chapter 113B).
       ``(xlvi) Section 57(b) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2077(b)), relating to the engagement or participation 
     in the development or production of special nuclear material.
       ``(xlvii) Section 92 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2122), relating to prohibitions governing atomic 
     weapons.
       ``(xlviii) Section 101 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2131), relating to the atomic energy license 
     requirement.
       ``(xlix) Section 224 or 225 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2274, 2275), relating to the communication or 
     receipt of restricted data.
       ``(l) Section 236 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2284), relating to the sabotage of nuclear facilities 
     or fuel.
       ``(li) Section 60123(b) of title 49, relating to damaging 
     or destroying a pipeline facility, but only if the conduct 
     which led to the conviction involved a substantial risk of 
     death or serious bodily injury.
       ``(lii) Section 401(a) of the Controlled Substances Act (21 
     U.S.C. 841), relating to manufacturing or distributing a 
     controlled substance in the case of a conviction for an 
     offense described in subparagraph (A), (B), or (C) of 
     subsection (b)(1) of that section for which death or serious 
     bodily injury resulted from the use of such substance.
       ``(liii) Section 276(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1326), relating to the reentry of a removed 
     alien, but only if the alien is described in paragraph (1) or 
     (2) of subsection (b) of that section.
       ``(liv) Section 277 of the Immigration and Nationality Act 
     (8 U.S.C. 1327), relating to aiding or assisting certain 
     aliens to enter the United States.
       ``(lv) Section 278 of the Immigration and Nationality Act 
     (8 U.S.C. 1328), relating to the importation of an alien into 
     the United States for an immoral purpose.
       ``(lvi) Any section of the Export Administration Act of 
     1979 (50 U.S.C. 4611 et seq.)
       ``(lvii) Section 206 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1705).
       ``(lviii) Section 601 of the National Security Act of 1947 
     (50 U.S.C. 3121), relating to the protection of identities of 
     certain United States undercover intelligence officers, 
     agents, informants, and sources.
       ``(lix) Subparagraph (A)(i) or (B)(i) of section 401(b)(1) 
     of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or 
     paragraph (1)(A) or (2)(A) of section 1010(b) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)), relating to manufacturing, distributing, dispensing, 
     or possessing with intent to manufacture, distribute, 
     dispense, or knowingly importing or exporting, a mixture or 
     substance containing a detectable amount of heroin if the 
     sentencing court finds that the offender was an organizer, 
     leader, manager, or supervisor of others in the offense, as 
     determined under the guidelines promulgated by the United 
     States Sentencing Commission.
       ``(lx) Subparagraph (A)(vi) or (B)(vi) of section 401(b)(1) 
     of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or 
     paragraph (1)(F) or (2)(F) of section 1010(b) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)), relating to manufacturing, distributing, dispensing, 
     or possessing with intent to manufacture, distribute, or 
     dispense, a mixture or substance containing a detectable 
     amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 
     propanamide, or any analogue thereof.
       ``(lxi) Subparagraph (A)(viii) or (B)(viii) of section 
     401(b)(1) of the Controlled Substances Act (21 U.S.C. 
     841(b)(1)) or paragraph (1)(H) or (2)(H) of section 1010(b) 
     the Controlled Substances Import and Export Act (21 U.S.C. 
     960(b)), relating to manufacturing, distributing, dispensing, 
     or possessing with intent to manufacture, distribute, or 
     dispense, or knowingly importing or exporting, a mixture of 
     substance containing a detectable amount of methamphetamine, 
     its salts, isomers, or salts of its isomers, if the 
     sentencing court finds that the offender was an organizer, 
     leader, manager, or supervisor of others in the offense, as 
     determined under the guidelines promulgated by the United 
     States Sentencing Commission.
       ``(lii) Subparagraph (A) or (B) of section 401(b)(1) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)) or paragraph 
     (1) or (2) of section 1010(b) of the Controlled Substances 
     Import and Export Act (21 U.S.C. 960(b)), relating to 
     manufacturing, distributing, dispensing, or possessing with 
     intent to manufacture, distribute, or dispense, a controlled 
     substance, or knowingly importing or exporting a controlled 
     substance, if the sentencing court finds that--

       ``(I) the offense involved a mixture or substance 
     containing a detectable amount of N-phenyl-N-[1-(2-
     phenylethyl)-4-piperidinyl] propanamide, or any analogue 
     thereof; and
       ``(II) the offender was an organizer, leader, manager, or 
     supervisor of others in the offense, as determined under the 
     guidelines promulgated by the United States Sentencing 
     Commission.

       ``(E) Deportable prisoners ineligible to apply time 
     credits.--
       ``(i) In general.--A prisoner is ineligible to apply time 
     credits under subparagraph (C) if the prisoner is the subject 
     of a final order of removal under any provision of the 
     immigration laws (as such term is defined in section 
     101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(17))).
       ``(ii) Proceedings.--The Attorney General, in consultation 
     with the Secretary of Homeland Security, shall ensure that 
     any alien described in section 212 or 237 of the Immigration 
     and Nationality Act (8 U.S.C. 1182, 1227) who seeks to earn 
     time credits are subject to proceedings described in section 
     238(a) of that Act (8 U.S.C. 1228(a)) at a date as early as 
     practicable during the prisoner's incarceration.

[[Page S7603]]

       ``(5) Risk reassessments and level adjustment.--A prisoner 
     who successfully participates in evidence-based recidivism 
     reduction programming or productive activities shall receive 
     periodic risk reassessments not less often than annually, and 
     a prisoner determined to be at a medium or high risk of 
     recidivating and who has less than 5 years until his or her 
     projected release date shall receive more frequent risk 
     reassessments. If the reassessment shows that the prisoner's 
     risk of recidivating or specific needs have changed, the 
     Bureau of Prisons shall update the determination of the 
     prisoner's risk of recidivating or information regarding the 
     prisoner's specific needs and reassign the prisoner to 
     appropriate evidence-based recidivism reduction programming 
     or productive activities based on such changes.
       ``(6) Relation to other incentive programs.--The incentives 
     described in this subsection shall be in addition to any 
     other rewards or incentives for which a prisoner may be 
     eligible.
       ``(e) Penalties.--The Director of the Bureau of Prisons 
     shall develop guidelines for the reduction of rewards and 
     incentives earned under subsection (d) for prisoners who 
     violate prison rules or evidence-based recidivism reduction 
     program or productive activity rules, which shall provide--
       ``(1) general levels of violations and resulting 
     reductions;
       ``(2) that any reduction that includes the loss of time 
     credits shall require written notice to the prisoner, shall 
     be limited to time credits that a prisoner earned as of the 
     date of the prisoner's rule violation, and shall not include 
     any future time credits that the prisoner may earn; and
       ``(3) for a procedure to restore time credits that a 
     prisoner lost as a result of a rule violation, based on the 
     prisoner's individual progress after the date of the rule 
     violation.
       ``(f) Bureau of Prisons Training.--The Attorney General 
     shall develop and implement training programs for Bureau of 
     Prisons officers and employees responsible for administering 
     the System, which shall include--
       ``(1) initial training to educate officers and employees on 
     how to use the System in an appropriate and consistent 
     manner, as well as the reasons for using the System;
       ``(2) continuing education;
       ``(3) periodic training updates; and
       ``(4) a requirement that such officers and employees 
     demonstrate competence in administering the System, including 
     interrater reliability, on a biannual basis.
       ``(g) Quality Assurance.--In order to ensure that the 
     Bureau of Prisons is using the System in an appropriate and 
     consistent manner, the Attorney General shall monitor and 
     assess the use of the System, which shall include conducting 
     annual audits of the Bureau of Prisons regarding the use of 
     the System.
       ``(h) Dyslexia Screening.--
       ``(1) Screening.--The Attorney General shall incorporate a 
     dyslexia screening program into the System, including by 
     screening for dyslexia during--
       ``(A) the intake process; and
       ``(B) each periodic risk reassessment of a prisoner.
       ``(2) Treatment.--The Attorney General shall incorporate 
     programs designed to treat dyslexia into the evidence-based 
     recidivism reduction programs or productive activities 
     required to be implemented under this section. The Attorney 
     General may also incorporate programs designed to treat other 
     learning disabilities.

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

       ``(a) In General.--Prior to releasing the System, in 
     consultation with the Independent Review Committee authorized 
     by the First Step Act of 2018, the Attorney General shall--
       ``(1) review the effectiveness of evidence-based recidivism 
     reduction programs that exist as of the date of enactment of 
     this subchapter in prisons operated by the Bureau of Prisons;
       ``(2) review available information regarding the 
     effectiveness of evidence-based recidivism reduction programs 
     and productive activities that exist in State-operated 
     prisons throughout the United States;
       ``(3) identify the most effective evidence-based recidivism 
     reduction programs;
       ``(4) review the policies for entering into evidence-based 
     recidivism reduction partnerships described in section 
     3621(h)(5); and
       ``(5) direct the Bureau of Prisons regarding--
       ``(A) evidence-based recidivism reduction programs;
       ``(B) the ability for faith-based organizations to function 
     as a provider of educational evidence-based programs outside 
     of the religious classes and services provided through the 
     Chaplaincy; and
       ``(C) the addition of any new effective evidence-based 
     recidivism reduction programs that the Attorney General 
     finds.
       ``(b) Review and Recommendations Regarding Dyslexia 
     Mitigation.--In carrying out subsection (a), the Attorney 
     General shall consider the prevalence and mitigation of 
     dyslexia in prisons, including by--
       ``(1) reviewing statistics on the prevalence of dyslexia, 
     and the effectiveness of any programs implemented to mitigate 
     the effects of dyslexia, in prisons operated by the Bureau of 
     Prisons and State-operated prisons throughout the United 
     States; and
       ``(2) incorporating the findings of the Attorney General 
     under paragraph (1) of this subsection into any directives 
     given to the Bureau of Prisons under paragraph (5) of 
     subsection (a).

     ``Sec. 3634. Report

       ``Beginning on the date that is 2 years after the date of 
     enactment of this subchapter, and annually thereafter for a 
     period of 5 years, the Attorney General shall submit a report 
     to the Committees on the Judiciary of the Senate and the 
     House of Representatives and the Subcommittees on Commerce, 
     Justice, Science, and Related Agencies of the Committees on 
     Appropriations of the Senate and the House of Representatives 
     that contains the following:
       ``(1) A summary of the activities and accomplishments of 
     the Attorney General in carrying out this Act.
       ``(2) A summary and assessment of the types and 
     effectiveness of the evidence-based recidivism reduction 
     programs and productive activities in prisons operated by the 
     Bureau of Prisons, including--
       ``(A) evidence about which programs have been shown to 
     reduce recidivism;
       ``(B) the capacity of each program and activity at each 
     prison, including the number of prisoners along with the 
     recidivism risk of each prisoner enrolled in each program; 
     and
       ``(C) identification of any gaps or shortages in capacity 
     of such programs and activities.
       ``(3) Rates of recidivism among individuals who have been 
     released from Federal prison, based on the following 
     criteria:
       ``(A) The primary offense of conviction.
       ``(B) The length of the sentence imposed and served.
       ``(C) The Bureau of Prisons facility or facilities in which 
     the prisoner's sentence was served.
       ``(D) The evidence-based recidivism reduction programming 
     that the prisoner successfully completed, if any.
       ``(E) The prisoner's assessed and reassessed risk of 
     recidivism.
       ``(F) The productive activities that the prisoner 
     successfully completed, if any.
       ``(4) The status of prison work programs at facilities 
     operated by the Bureau of Prisons, including--
       ``(A) a strategy to expand the availability of such 
     programs without reducing job opportunities for workers in 
     the United States who are not in the custody of the Bureau of 
     Prisons, including the feasibility of prisoners manufacturing 
     products purchased by Federal agencies that are manufactured 
     overseas;
       ``(B) an assessment of the feasibility of expanding such 
     programs, consistent with the strategy required under 
     subparagraph (A), with the goal that 5 years after the date 
     of enactment of this subchapter, not less than 75 percent of 
     eligible minimum- and low-risk offenders have the opportunity 
     to participate in a prison work program for not less than 20 
     hours per week; and
       ``(C) a detailed discussion of legal authorities that would 
     be useful or necessary to achieve the goals described in 
     subparagraphs (A) and (B).
       ``(5) An assessment of the Bureau of Prisons' compliance 
     with section 3621(h).
       ``(6) An assessment of progress made toward carrying out 
     the purposes of this subchapter, including any savings 
     associated with--
       ``(A) the transfer of prisoners into prerelease custody or 
     supervised release under section 3624(g), including savings 
     resulting from the avoidance or deferral of future 
     construction, acquisition, and operations costs; and
       ``(B) any decrease in recidivism that may be attributed to 
     the System or the increase in evidence-based recidivism 
     reduction programs required under this subchapter.
       ``(7) An assessment of budgetary savings resulting from 
     this subchapter, including--
       ``(A) a summary of the amount of savings resulting from the 
     transfer of prisoners into prerelease custody under this 
     chapter, including savings resulting from the avoidance or 
     deferral of future construction, acquisition, or operations 
     costs;
       ``(B) a summary of the amount of savings resulting from any 
     decrease in recidivism that may be attributed to the 
     implementation of the risk and needs assessment system or the 
     increase in recidivism reduction programs and productive 
     activities required by this subchapter;
       ``(C) a strategy to reinvest the savings described in 
     subparagraphs (A) and (B) in other--
       ``(i) Federal, State, and local law enforcement activities; 
     and
       ``(ii) expansions of recidivism reduction programs and 
     productive activities in the Bureau of Prisons; and
       ``(D) a description of how the reduced expenditures on 
     Federal corrections and the budgetary savings resulting from 
     this subchapter are currently being used and will be used 
     to--
       ``(i) increase investment in law enforcement and crime 
     prevention to combat gangs of national significance and high-
     level drug traffickers through the High Intensity Drug 
     Trafficking Areas Program and other task forces;
       ``(ii) hire, train, and equip law enforcement officers and 
     prosecutors; and
       ``(iii) promote crime reduction programs using evidence-
     based practices and strategic planning to help reduce crime 
     and criminal recidivism.
       ``(8) Statistics on--
       ``(A) the prevalence of dyslexia among prisoners in prisons 
     operated by the Bureau of Prisons; and

[[Page S7604]]

       ``(B) any change in the effectiveness of dyslexia 
     mitigation programs among such prisoners that may be 
     attributed to the incorporation of dyslexia screening into 
     the System and of dyslexia treatment into the evidence-based 
     recidivism reduction programs, as required under this 
     chapter.

     ``Sec. 3635. Definitions

       ``In this subchapter the following definitions apply:
       ``(1) Dyslexia.--The term `dyslexia' means an unexpected 
     difficulty in reading for an individual who has the 
     intelligence to be a much better reader, most commonly caused 
     by a difficulty in the phonological processing (the 
     appreciation of the individual sounds of spoken language), 
     which affects the ability of an individual to speak, read, 
     and spell.
       ``(2) Dyslexia screening program.--The term `dyslexia 
     screening program' means a screening program for dyslexia 
     that is--
       ``(A) evidence-based (as defined in section 8101(21) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7801(21))) with proven psychometrics for validity;
       ``(B) efficient and low-cost; and
       ``(C) readily available.
       ``(3) Evidence-based recidivism reduction program.--The 
     term `evidence-based recidivism reduction program' means 
     either a group or individual activity that--
       ``(A) has been shown by empirical evidence to reduce 
     recidivism or is based on research indicating that it is 
     likely to be effective in reducing recidivism;
       ``(B) is designed to help prisoners succeed in their 
     communities upon release from prison; and
       ``(C) may include--
       ``(i) social learning and communication, interpersonal, 
     anti-bullying, rejection response, and other life skills;
       ``(ii) family relationship building, structured parent-
     child interaction, and parenting skills;
       ``(iii) classes on morals or ethics;
       ``(iv) academic classes;
       ``(v) cognitive behavioral treatment;
       ``(vi) mentoring;
       ``(vii) substance abuse treatment;
       ``(viii) vocational training;
       ``(ix) faith-based classes or services;
       ``(x) civic engagement and reintegrative community 
     services;
       ``(xi) a prison job, including through a prison work 
     program;
       ``(xii) victim impact classes or other restorative justice 
     programs; and
       ``(xiii) trauma counseling and trauma-informed support 
     programs.
       ``(4) Prisoner.--The term `prisoner' means a person who has 
     been sentenced to a term of imprisonment pursuant to a 
     conviction for a Federal criminal offense, or a person in the 
     custody of the Bureau of Prisons.
       ``(5) Productive activity.--The term `productive activity' 
     means either a group or individual activity that is designed 
     to allow prisoners determined as having a minimum or low risk 
     of recidivating to remain productive and thereby maintain a 
     minimum or low risk of recidivating, and may include the 
     delivery of the programs described in paragraph (1) to other 
     prisoners.
       ``(6) Risk and needs assessment tool.--The term `risk and 
     needs assessment tool' means an objective and statistically 
     validated method through which information is collected and 
     evaluated to determine--
       ``(A) as part of the intake process, the risk that a 
     prisoner will recidivate upon release from prison;
       ``(B) the recidivism reduction programs that will best 
     minimize the risk that the prisoner will recidivate upon 
     release from prison; and
       ``(C) the periodic reassessment of risk that a prisoner 
     will recidivate upon release from prison, based on factors 
     including indicators of progress and of regression, that are 
     dynamic and that can reasonably be expected to change while 
     in prison.''.
       (b) Clerical Amendment.--The table of subchapters for 
     chapter 229 of title 18, United States Code, is amended by 
     adding at the end the following:

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

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

       (a) Implementation of System Generally.--Section 3621 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(h) Implementation of Risk and Needs Assessment System.--
       ``(1) In general.--Not later than 180 days after the 
     Attorney General completes and releases the risk and needs 
     assessment system (referred to in this subsection as the 
     `System') developed under subchapter D, the Director of the 
     Bureau of Prisons shall, in accordance with that subchapter--
       ``(A) implement and complete the initial intake risk and 
     needs assessment for each prisoner (including for each 
     prisoner who was a prisoner prior to the effective date of 
     this subsection), regardless of the prisoner's length of 
     imposed term of imprisonment, and begin to assign prisoners 
     to appropriate evidence-based recidivism reduction programs 
     based on that determination;
       ``(B) begin to expand the effective evidence-based 
     recidivism reduction programs and productive activities it 
     offers and add any new evidence-based recidivism reduction 
     programs and productive activities necessary to effectively 
     implement the System; and
       ``(C) begin to implement the other risk and needs 
     assessment tools necessary to effectively implement the 
     System over time, while prisoners are participating in and 
     completing the effective evidence-based recidivism reduction 
     programs and productive activities.
       ``(2) Phase-in.--In order to carry out paragraph (1), so 
     that every prisoner has the opportunity to participate in and 
     complete the type and amount of evidence-based recidivism 
     reduction programs or productive activities they need, and be 
     reassessed for recidivism risk as necessary to effectively 
     implement the System, the Bureau of Prisons shall--
       ``(A) provide such evidence-based recidivism reduction 
     programs and productive activities for all prisoners before 
     the date that is 2 years after the date on which the Bureau 
     of Prisons completes a risk and needs assessment for each 
     prisoner under paragraph (1)(A); and
       ``(B) develop and validate the risk and needs assessment 
     tool to be used in the reassessments of risk of recidivism, 
     while prisoners are participating in and completing evidence-
     based recidivism reduction programs and productive 
     activities.
       ``(3) Priority during phase-in.--During the 2-year period 
     described in paragraph (2)(A), the priority for such programs 
     and activities shall be accorded based on a prisoner's 
     proximity to release date.
       ``(4) Preliminary expansion of evidence-based recidivism 
     reduction programs and authority to use incentives.--
     Beginning on the date of enactment of this subsection, the 
     Bureau of Prisons may begin to expand any evidence-based 
     recidivism reduction programs and productive activities that 
     exist at a prison as of such date, and may offer to prisoners 
     who successfully participate in such programs and activities 
     the incentives and rewards described in subchapter D.
       ``(5) Recidivism reduction partnerships.--In order to 
     expand evidence-based recidivism reduction programs and 
     productive activities, the Attorney General shall develop 
     policies for the warden of each prison of the Bureau of 
     Prisons to enter into partnerships, subject to the 
     availability of appropriations, with any of the following:
       ``(A) Nonprofit and other private organizations, including 
     faith-based, art, and community-based organizations that will 
     deliver recidivism reduction programming on a paid or 
     volunteer basis.
       ``(B) Institutions of higher education (as defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001)) that will deliver instruction on a paid or volunteer 
     basis.
       ``(C) Private entities that will--
       ``(i) deliver vocational training and certifications;
       ``(ii) provide equipment to facilitate vocational training 
     or employment opportunities for prisoners;
       ``(iii) employ prisoners; or
       ``(iv) assist prisoners in prerelease custody or supervised 
     release in finding employment.
       ``(D) Industry-sponsored organizations that will deliver 
     workforce development and training, on a paid or volunteer 
     basis.
       ``(6) Requirement to provide programs to all prisoners; 
     priority.--The Director of the Bureau of Prisons shall 
     provide all prisoners with the opportunity to actively 
     participate in evidence-based recidivism reduction programs 
     or productive activities, according to their specific 
     criminogenic needs, throughout their entire term of 
     incarceration. Priority for participation in recidivism 
     reduction programs shall be given to medium-risk and high-
     risk prisoners, with access to productive activities given to 
     minimum-risk and low-risk prisoners.
       ``(7) Definitions.--The terms in this subsection have the 
     meaning given those terms in section 3635.''.
       (b) Prerelease Custody.--
       (1) In general.--Section 3624 of title 18, United States 
     Code, is amended--
       (A) in subsection (b)(1)--
       (i) by striking ``, beyond the time served, of up to 54 
     days at the end of each year of the prisoner's term of 
     imprisonment, beginning at the end of the first year of the 
     term,'' and inserting ``of up to 54 days for each year of the 
     prisoner's sentence imposed by the court,''; and
       (ii) by striking ``credit for the last year or portion of a 
     year of the term of imprisonment shall be prorated and 
     credited within the last six weeks of the sentence'' and 
     inserting ``credit for the last year of a term of 
     imprisonment shall be credited on the first day of the last 
     year of the term of imprisonment''; and
       (B) by adding at the end the following:
       ``(g) Prerelease Custody or Supervised Release for Risk and 
     Needs Assessment System Participants.--
       ``(1) Eligible prisoners.--This subsection applies in the 
     case of a prisoner (as such term is defined in section 3635) 
     who--
       ``(A) has earned time credits under the risk and needs 
     assessment system developed under subchapter D (referred to 
     in this subsection as the `System') in an amount that is 
     equal to the remainder of the prisoner's imposed term of 
     imprisonment;
       ``(B) has shown through the periodic risk reassessments a 
     demonstrated recidivism risk reduction or has maintained a 
     minimum or low recidivism risk, during the prisoner's term of 
     imprisonment;
       ``(C) has had the remainder of the prisoner's imposed term 
     of imprisonment computed under applicable law; and
       ``(D)(i) in the case of a prisoner being placed in 
     prerelease custody, the prisoner--
       ``(I) has been determined under the System to be a minimum 
     or low risk to recidivate

[[Page S7605]]

     pursuant to the last 2 reassessments of the prisoner; or
       ``(II) has had a petition to be transferred to prerelease 
     custody or supervised release approved by the warden of the 
     prison, after the warden's determination that--

       ``(aa) the prisoner would not be a danger to society if 
     transferred to prerelease custody or supervised release;
       ``(bb) the prisoner has made a good faith effort to lower 
     their recidivism risk through participation in recidivism 
     reduction programs or productive activities; and
       ``(cc) the prisoner is unlikely to recidivate; or

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

       ``(I) be subject to 24-hour electronic monitoring that 
     enables the prompt identification of the prisoner, location, 
     and time, in the case of any violation of subclause (II);
       ``(II) remain in the prisoner's residence, except that the 
     prisoner may leave the prisoner's home in order to, subject 
     to the approval of the Director of the Bureau of Prisons--

       ``(aa) perform a job or job-related activities, including 
     an apprenticeship, or participate in job-seeking activities;
       ``(bb) participate in evidence-based recidivism reduction 
     programming or productive activities assigned by the System, 
     or similar activities;
       ``(cc) perform community service;
       ``(dd) participate in crime victim restoration activities;
       ``(ee) receive medical treatment;
       ``(ff) attend religious activities; or
       ``(gg) participate in other family-related activities that 
     facilitate the prisoner's successful reentry such as a family 
     funeral, a family wedding, or to visit a family member who is 
     seriously ill; and

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

       ``(ii) Alternate means of monitoring.--If the electronic 
     monitoring of a prisoner described in clause (i)(I) is 
     infeasible for technical or religious reasons, the Director 
     of the Bureau of Prisons may use alternative means of 
     monitoring a prisoner placed in home confinement that the 
     Director determines are as effective or more effective than 
     the electronic monitoring described in clause (i)(I).
       ``(iii) Modifications.--The Director of the Bureau of 
     Prisons may modify the conditions described in clause (i) if 
     the Director determines that a compelling reason exists to do 
     so, and that the prisoner has demonstrated exemplary 
     compliance with such conditions.
       ``(iv) Duration.--Except as provided in paragraph (4), a 
     prisoner who is placed in home confinement shall remain in 
     home confinement until the prisoner has served not less than 
     85 percent of the prisoner's imposed term of imprisonment.
       ``(B) Residential reentry center.--A prisoner placed in 
     prerelease custody pursuant to this subsection who is placed 
     at a residential reentry center shall be subject to such 
     conditions as the Director of the Bureau of Prisons 
     determines appropriate.
       ``(3) Supervised release.--If the sentencing court included 
     as a part of the prisoner's sentence a requirement that the 
     prisoner be placed on a term of supervised release after 
     imprisonment pursuant to section 3583, the Director of the 
     Bureau of Prisons may transfer the prisoner to begin any such 
     term of supervised release at an earlier date, not to exceed 
     12 months, based on the application of time credits under 
     section 3632.
       ``(4) Determination of conditions.--In determining 
     appropriate conditions for prisoners placed in prerelease 
     custody pursuant to this subsection, the Director of the 
     Bureau of Prisons shall, to the extent practicable, provide 
     that increasingly less restrictive conditions shall be 
     imposed on prisoners who demonstrate continued compliance 
     with the conditions of such prerelease custody, so as to most 
     effectively prepare such prisoners for reentry.
       ``(5) Violations of conditions.--If a prisoner violates a 
     condition of the prisoner's prerelease custody, the Director 
     of the Bureau of Prisons may impose such additional 
     conditions on the prisoner's prerelease custody as the 
     Director of the Bureau of Prisons determines appropriate, or 
     revoke the prisoner's prerelease custody and require the 
     prisoner to serve the remainder of the term of imprisonment 
     to which the prisoner was sentenced, or any portion thereof, 
     in prison. If the violation is nontechnical in nature, the 
     Director of the Bureau of Prisons shall revoke the prisoner's 
     prerelease custody.
       ``(6) Issuance of guidelines.--The Attorney General, in 
     consultation with the Assistant Director for the Office of 
     Probation and Pretrial Services, shall issue guidelines for 
     use by the Bureau of Prisons in determining--
       ``(A) the appropriate type of prerelease custody or 
     supervised release and level of supervision for a prisoner 
     placed on prerelease custody pursuant to this subsection; and
       ``(B) consequences for a violation of a condition of such 
     prerelease custody by such a prisoner, including a return to 
     prison and a reassessment of evidence-based recidivism risk 
     level under the System.
       ``(7) Agreements with united states probation and pretrial 
     services.--The Director of the Bureau of Prisons shall, to 
     the greatest extent practicable, enter into agreements with 
     United States Probation and Pretrial Services to supervise 
     prisoners placed in home confinement under this subsection. 
     Such agreements shall--
       ``(A) authorize United States Probation and Pretrial 
     Services to exercise the authority granted to the Director 
     pursuant to paragraphs (3) and (4); and
       ``(B) take into account the resource requirements of United 
     States Probation and Pretrial Services as a result of the 
     transfer of Bureau of Prisons prisoners to prerelease custody 
     or supervised release.
       ``(8) Assistance.--United States Probation and Pretrial 
     Services shall, to the greatest extent practicable, offer 
     assistance to any prisoner not under its supervision during 
     prerelease custody under this subsection.
       ``(9) Mentoring, reentry, and spiritual services.--Any 
     prerelease custody into which a prisoner is placed under this 
     subsection may not include a condition prohibiting the 
     prisoner from receiving mentoring, reentry, or spiritual 
     services from a person who provided such services to the 
     prisoner while the prisoner was incarcerated, except that the 
     warden of the facility at which the prisoner was incarcerated 
     may waive the requirement under this paragraph if the warden 
     finds that the provision of such services would pose a 
     significant security risk to the prisoner, persons who 
     provide such services, or any other person. The warden shall 
     provide written notice of any such waiver to the person 
     providing such services and to the prisoner.
       ``(10) Time limits inapplicable.--The time limits under 
     subsections (b) and (c) shall not apply to prerelease custody 
     under this subsection.
       ``(11) Prerelease custody capacity.--The Director of the 
     Bureau of Prisons shall ensure there is sufficient prerelease 
     custody capacity to accommodate all eligible prisoners.''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect beginning on the date that the Attorney 
     General completes and releases the risk and needs assessment 
     system under subchapter D of chapter 229 of title 18, United 
     States Code, as added by section 101(a) of this Act.
       (3) Applicability.--The amendments made by this subsection 
     shall apply with respect to offenses committed before, on, or 
     after the date of enactment of this Act, except that such 
     amendments shall not apply with respect to offenses committed 
     before November 1, 1987.

     SEC. 103. GAO REPORT.

       Not later than 2 years after the Director of the Bureau of 
     Prisons implements the risk and needs assessment system under 
     section 3621 of title 18, United States Code, and every 2 
     years thereafter, the Comptroller General of the United 
     States shall conduct an audit of the use of the risk and 
     needs assessment system at Bureau of Prisons facilities. The 
     audit shall include analysis of the following:
       (1) Whether inmates are being assessed under the risk and 
     needs assessment system with the frequency required under 
     such section 3621 of title 18, United States Code.
       (2) Whether the Bureau of Prisons is able to offer 
     recidivism reduction programs and productive activities (as 
     such terms are defined in section 3635 of title 18, United 
     States Code, as added by section 101(a) of this Act).
       (3) Whether the Bureau of Prisons is offering the type, 
     amount, and intensity of recidivism reduction programs and 
     productive activities for prisoners to earn the maximum 
     amount of time credits for which they are eligible.
       (4) Whether the Attorney General is carrying out the duties 
     under section 3631(b) of title 18, United States Code, as 
     added by section 101(a) of this Act.
       (5) Whether officers and employees of the Bureau of Prisons 
     are receiving the training described in section 3632(f) of 
     title 18, United States Code, as added by section 101(a) of 
     this Act.
       (6) Whether the Bureau of Prisons offers work assignments 
     to all prisoners who might benefit from such an assignment.
       (7) Whether the Bureau of Prisons transfers prisoners to 
     prerelease custody or supervised release as soon as they are 
     eligible for such a transfer under section 3624(g) of title 
     18, United States Code, as added by section 102(b) of this 
     Act.
       (8) The rates of recidivism among similarly classified 
     prisoners to identify any unwarranted disparities, including 
     disparities among similarly classified prisoners of different 
     demographic groups, in such rates.

     SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this title $75,000,000 for each of fiscal years 
     2019 through 2023. Of the amount appropriated under this 
     subsection, 80 percent shall be reserved for use by the 
     Director of the Bureau of Prisons to implement the system 
     under section 3621(h) of title 18, United States Code, as 
     added by section 102(a) of this Act.
       (b) Savings.--It is the sense of Congress that any savings 
     associated with reductions in recidivism that result from 
     this title should be reinvested--
       (1) to supplement funding for programs that increase public 
     safety by providing resources to State and local law 
     enforcement

[[Page S7606]]

     officials, including for the adoption of innovative 
     technologies and information sharing capabilities;
       (2) into evidence-based recidivism reduction programs 
     offered by the Bureau of Prisons; and
       (3) into ensuring eligible prisoners have access to such 
     programs and productive activities offered by the Bureau of 
     Prisons.

     SEC. 105. RULE OF CONSTRUCTION.

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

     SEC. 106. FAITH-BASED CONSIDERATIONS.

       (a) In General.--In considering any program, treatment, 
     regimen, group, company, charity, person, or entity of any 
     kind under any provision of this Act, or the amendments made 
     by this Act, the fact that it may be or is faith-based may 
     not be a basis for any discrimination against it in any 
     manner or for any purpose.
       (b) Eligibility for Earned Time Credit.--Participation in a 
     faith-based program, treatment, or regimen may qualify a 
     prisoner for earned time credit under subchapter D of chapter 
     229 of title 18, United States Code, as added by section 
     101(a) of this Act, however, the Director of the Bureau of 
     Prisons shall ensure that non-faith-based programs that 
     qualify for earned time credit are offered at each Bureau of 
     Prisons facility in addition to any such faith-based 
     programs.
       (c) Limitation on Activities.--A group, company, charity, 
     person, or entity may not engage in faith-based activities 
     using direct financial assistance made available under this 
     title or the amendments made by this title.
       (d) Rule of Construction.--Nothing in this Act, or the 
     amendments made by this Act, may be construed to amend any 
     requirement under Federal law or the Constitution of the 
     United States regarding funding for faith-based programs or 
     activities.

     SEC. 107. INDEPENDENT REVIEW COMMITTEE.

       (a) In General.--The Attorney General shall consult with an 
     Independent Review Committee in carrying out the Attorney 
     General's duties under sections 3631(b), 3632 and 3633 of 
     title 18, United States Code, as added by section 101(a) of 
     this Act.
       (b) Formation of Independent Review Committee.--The 
     National Institute of Justice shall select a nonpartisan and 
     nonprofit organization with expertise in the study and 
     development of risk and needs assessment tools to host the 
     Independent Review Committee. The Independent Review 
     Committee shall be established not later than 30 days after 
     the date of enactment of this Act.
       (c) Appointment of Independent Review Committee.--The 
     organization selected by the National Institute of Justice 
     shall appoint not fewer than 6 members to the Independent 
     Review Committee.
       (d) Composition of the Independent Review Committee.--The 
     members of the Independent Review Committee shall all have 
     expertise in risk and needs assessment systems and shall 
     include--
       (1) 2 individuals who have published peer-reviewed 
     scholarship about risk and needs assessments in both 
     corrections and community settings;
       (2) 2 corrections practitioners who have developed and 
     implemented a risk assessment tool in a corrections system or 
     in a community supervision setting, including 1 with prior 
     experience working within the Bureau of Prisons; and
       (3) 1 individual with expertise in assessing risk 
     assessment implementation.
       (e) Duties of the Independent Review Committee.--The 
     Independent Review Committee shall assist the Attorney 
     General in carrying out the Attorney General's duties under 
     sections 3631(b), 3632 and 3633 of title 18, United States 
     Code, as added by section 101(a) of this Act, including by 
     assisting in--
       (1) conducting a review of the existing prisoner risk and 
     needs assessment systems in operation on the date of 
     enactment of this Act;
       (2) developing recommendations regarding evidence-based 
     recidivism reduction programs and productive activities;
       (3) conducting research and data analysis on--
       (A) evidence-based recidivism reduction programs relating 
     to the use of prisoner risk and needs assessment tools;
       (B) the most effective and efficient uses of such programs; 
     and
       (C) which evidence-based recidivism reduction programs are 
     the most effective at reducing recidivism, and the type, 
     amount, and intensity of programming that most effectively 
     reduces the risk of recidivism; and
       (4) reviewing and validating the risk and needs assessment 
     system.
       (f) Bureau of Prisons Cooperation.--The Director of the 
     Bureau of Prisons shall assist the Independent Review 
     Committee in performing the Committee's duties and promptly 
     respond to requests from the Committee for access to Bureau 
     of Prisons facilities, personnel, and information.
       (g) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Independent Review Committee shall 
     submit to the Committee on the Judiciary and the Subcommittee 
     on Commerce, Justice, Science, and Related Agencies of the 
     Committee on Appropriations of the Senate and the Committee 
     on the Judiciary and the Subcommittee on Commerce, Justice, 
     Science, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives a report that 
     includes--
       (1) a list of all offenses of conviction for which 
     prisoners were ineligible to receive time credits under 
     section 3632(d)(4)(D) of title 18, United States Code, as 
     added by section 101(a) of this Act, and for each offense the 
     number of prisoners excluded, including demographic 
     percentages by age, race, and sex;
       (2) the criminal history categories of prisoners ineligible 
     to receive time credits under section 3632(d)(4)(D) of title 
     18, United States Code, as added by section 101(a) of this 
     Act, and for each category the number of prisoners excluded, 
     including demographic percentages by age, race, and sex;
       (3) the number of prisoners ineligible to apply time 
     credits under section 3632(d)(4)(D) of title 18, United 
     States Code, as added by section 101(a) of this Act, who do 
     not participate in recidivism reduction programming or 
     productive activities, including the demographic percentages 
     by age, race, and sex;
       (4) any recommendations for modifications to section 
     3632(d)(4)(D) of title 18, United States Code, as added by 
     section 101(a) of this Act, and any other recommendations 
     regarding recidivism reduction.
       (h) Termination.--The Independent Review Committee shall 
     terminate on the date that is 2 years after the date on which 
     the risk and needs assessment system authorized by sections 
     3632 and 3633 of title 18, United States Code, as added by 
     section 101(a) of this Act, is released.

          TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE

     SEC. 201. SHORT TITLE.

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

     SEC. 202. SECURE FIREARMS STORAGE.

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

     ``Sec. 4050. Secure firearms storage

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

``4050. Secure firearms storage.''.

         TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED

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

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

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

       ``(a) Prohibition.--Except as provided in subsection (b), 
     beginning on the date on which pregnancy is confirmed by a 
     healthcare professional, and ending at the conclusion of 
     postpartum recovery, a prisoner in the custody of the Bureau 
     of Prisons, or in the custody of the United States Marshals 
     Service pursuant to section 4086, shall not be placed in 
     restraints.
       ``(b) Exceptions.--
       ``(1) In general.--The prohibition under subsection (a) 
     shall not apply if--
       ``(A) an appropriate corrections official, or a United 
     States marshal, as applicable, makes a determination that the 
     prisoner--
       ``(i) is an immediate and credible flight risk that cannot 
     reasonably be prevented by other means; or
       ``(ii) poses an immediate and serious threat of harm to 
     herself or others that cannot reasonably be prevented by 
     other means; or
       ``(B) a healthcare professional responsible for the health 
     and safety of the prisoner determines that the use of 
     restraints is appropriate for the medical safety of the 
     prisoner.
       ``(2) Least restrictive restraints.--In the case that 
     restraints are used pursuant to an exception under paragraph 
     (1), only the least restrictive restraints necessary to 
     prevent the harm or risk of escape described in paragraph (1) 
     may be used.
       ``(3) Application.--
       ``(A) In general.--The exceptions under paragraph (1) may 
     not be applied--
       ``(i) to place restraints around the ankles, legs, or waist 
     of a prisoner;

[[Page S7607]]

       ``(ii) to restrain a prisoner's hands behind her back;
       ``(iii) to restrain a prisoner using 4-point restraints; or
       ``(iv) to attach a prisoner to another prisoner.
       ``(B) Medical request.--Notwithstanding paragraph (1), upon 
     the request of a healthcare professional who is responsible 
     for the health and safety of a prisoner, a corrections 
     official or United States marshal, as applicable, shall 
     refrain from using restraints on the prisoner or shall remove 
     restraints used on the prisoner.
       ``(c) Reports.--
       ``(1) Report to the director and healthcare professional.--
     If a corrections official or United States marshal uses 
     restraints on a prisoner under subsection (b)(1), that 
     official or marshal shall submit, not later than 30 days 
     after placing the prisoner in restraints, to the Director of 
     the Bureau of Prisons or the Director of the United States 
     Marshals Service, as applicable, and to the healthcare 
     professional responsible for the health and safety of the 
     prisoner, a written report that describes the facts and 
     circumstances surrounding the use of restraints, and 
     includes--
       ``(A) the reasoning upon which the determination to use 
     restraints was made;
       ``(B) the details of the use of restraints, including the 
     type of restraints used and length of time during which 
     restraints were used; and
       ``(C) any resulting physical effects on the prisoner 
     observed by or known to the corrections official or United 
     States marshal, as applicable.
       ``(2) Supplemental report to the director.--Upon receipt of 
     a report under paragraph (1), the healthcare professional 
     responsible for the health and safety of the prisoner may 
     submit to the Director such information as the healthcare 
     professional determines is relevant to the use of restraints 
     on the prisoner.
       ``(3) Report to judiciary committees.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this section, and annually thereafter, the 
     Director of the Bureau of Prisons and the Director of the 
     United States Marshals Service shall each submit to the 
     Judiciary Committee of the Senate and of the House of 
     Representatives a report that certifies compliance with this 
     section and includes the information required to be reported 
     under paragraph (1).
       ``(B) Personally identifiable information.--The report 
     under this paragraph shall not contain any personally 
     identifiable information of any prisoner.
       ``(d) Notice.--Not later than 48 hours after the 
     confirmation of a prisoner's pregnancy by a healthcare 
     professional, that prisoner shall be notified by an 
     appropriate healthcare professional, corrections official, or 
     United States marshal, as applicable, of the restrictions on 
     the use of restraints under this section.
       ``(e) Violation Reporting Process.--The Director of the 
     Bureau of Prisons, in consultation with the Director of the 
     United States Marshals Service, shall establish a process 
     through which a prisoner may report a violation of this 
     section.
       ``(f) Training.--
       ``(1) In general.--The Director of the Bureau of Prisons 
     and the Director of the United States Marshals Service shall 
     each develop training guidelines regarding the use of 
     restraints on female prisoners during the period of 
     pregnancy, labor, and postpartum recovery, and shall 
     incorporate such guidelines into appropriate training 
     programs. Such training guidelines shall include--
       ``(A) how to identify certain symptoms of pregnancy that 
     require immediate referral to a healthcare professional;
       ``(B) circumstances under which the exceptions under 
     subsection (b) would apply;
       ``(C) in the case that an exception under subsection (b) 
     applies, how to apply restraints in a way that does not harm 
     the prisoner, the fetus, or the neonate;
       ``(D) the information required to be reported under 
     subsection (c); and
       ``(E) the right of a healthcare professional to request 
     that restraints not be used, and the requirement under 
     subsection (b)(3)(B) to comply with such a request.
       ``(2) Development of guidelines.--In developing the 
     guidelines required by paragraph (1), the Directors shall 
     each consult with healthcare professionals with expertise in 
     caring for women during the period of pregnancy and 
     postpartum recovery.
       ``(g) Definitions.--For purposes of this section:
       ``(1) Postpartum recovery.--The term `postpartum recovery' 
     means the 12-week period, or longer as determined by the 
     healthcare professional responsible for the health and safety 
     of the prisoner, following delivery, and shall include the 
     entire period that the prisoner is in the hospital or 
     infirmary.
       ``(2) Prisoner.--The term `prisoner' means a person who has 
     been sentenced to a term of imprisonment pursuant to a 
     conviction for a Federal criminal offense, or a person in the 
     custody of the Bureau of Prisons, including a person in a 
     Bureau of Prisons contracted facility.
       ``(3) Restraints.--The term `restraints' means any physical 
     or mechanical device used to control the movement of a 
     prisoner's body, limbs, or both.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     317 of title 18, United States Code, is amended by adding 
     after the item relating to section 4321 the following:

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

                      TITLE IV--SENTENCING REFORM

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

       (a) Controlled Substances Act Amendments.--The Controlled 
     Substances Act (21 U.S.C. 801 et seq.) is amended--
       (1) in section 102 (21 U.S.C. 802), by adding at the end 
     the following:
       ``(57) The term `serious drug felony' means an offense 
     described in section 924(e)(2) of title 18, United States 
     Code, for which--
       ``(A) the offender served a term of imprisonment of more 
     than 12 months; and
       ``(B) the offender's release from any term of imprisonment 
     was within 15 years of the commencement of the instant 
     offense.
       ``(58) The term `serious violent felony' means--
       ``(A) an offense described in section 3559(c)(2) of title 
     18, United States Code, for which the offender served a term 
     of imprisonment of more than 12 months; and
       ``(B) any offense that would be a felony violation of 
     section 113 of title 18, United States Code, if the offense 
     were committed in the special maritime and territorial 
     jurisdiction of the United States, for which the offender 
     served a term of imprisonment of more than 12 months.''; and
       (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
       (A) in subparagraph (A), in the matter following clause 
     (viii)--
       (i) by striking ``If any person commits such a violation 
     after a prior conviction for a felony drug offense has become 
     final, such person shall be sentenced to a term of 
     imprisonment which may not be less than 20 years'' and 
     inserting the following: ``If any person commits such a 
     violation after a prior conviction for a serious drug felony 
     or serious violent felony has become final, such person shall 
     be sentenced to a term of imprisonment of not less than 15 
     years''; and
       (ii) by striking ``after two or more prior convictions for 
     a felony drug offense have become final, such person shall be 
     sentenced to a mandatory term of life imprisonment without 
     release'' and inserting the following: ``after 2 or more 
     prior convictions for a serious drug felony or serious 
     violent felony have become final, such person shall be 
     sentenced to a term of imprisonment of not less than 25 
     years''; and
       (B) in subparagraph (B), in the matter following clause 
     (viii), by striking ``If any person commits such a violation 
     after a prior conviction for a felony drug offense has become 
     final'' and inserting the following: ``If any person commits 
     such a violation after a prior conviction for a serious drug 
     felony or serious violent felony has become final''.
       (b) Controlled Substances Import and Export Act 
     Amendments.--Section 1010(b) of the Controlled Substances 
     Import and Export Act (21 U.S.C. 960(b)) is amended--
       (1) in paragraph (1), in the matter following subparagraph 
     (H), by striking ``If any person commits such a violation 
     after a prior conviction for a felony drug offense has become 
     final, such person shall be sentenced to a term of 
     imprisonment of not less than 20 years'' and inserting ``If 
     any person commits such a violation after a prior conviction 
     for a serious drug felony or serious violent felony has 
     become final, such person shall be sentenced to a term of 
     imprisonment of not less than 15 years''; and
       (2) in paragraph (2), in the matter following subparagraph 
     (H), by striking ``felony drug offense'' and inserting 
     ``serious drug felony or serious violent felony''.
       (c) Applicability to Pending Cases.--This section, and the 
     amendments made by this section, shall apply to any offense 
     that was committed before the date of enactment of this Act, 
     if a sentence for the offense has not been imposed as of such 
     date of enactment.

     SEC. 402. BROADENING OF EXISTING SAFETY VALVE.

       (a) Amendments.--Section 3553 of title 18, United States 
     Code, is amended--
       (1) in subsection (f)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``or section 1010'' and inserting ``, 
     section 1010''; and
       (ii) by inserting ``, or section 70503 or 70506 of title 
     46'' after ``963)'';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) the defendant does not have--
       ``(A) more than 4 criminal history points, excluding any 
     criminal history points resulting from a 1-point offense, as 
     determined under the sentencing guidelines;
       ``(B) a prior 3-point offense, as determined under the 
     sentencing guidelines; and
       ``(C) a prior 2-point violent offense, as determined under 
     the sentencing guidelines;''; and
       (C) by adding at the end the following:
     ``Information disclosed by a defendant under this subsection 
     may not be used to enhance the sentence of the defendant 
     unless the information relates to a violent offense.''; and
       (2) by adding at the end the following:
       ``(g) Definition of Violent Offense.--As used in this 
     section, the term `violent offense' means a crime of 
     violence, as defined in section 16, that is punishable by 
     imprisonment.''.
       (b) Applicability.--The amendments made by this section 
     shall apply only to a conviction entered on or after the date 
     of enactment of this Act.

[[Page S7608]]

  


     SEC. 403. CLARIFICATION OF SECTION 924(C) OF TITLE 18, UNITED 
                   STATES CODE.

       (a) In General.--Section 924(c)(1)(C) of title 18, United 
     States Code, is amended, in the matter preceding clause (i), 
     by striking ``second or subsequent conviction under this 
     subsection'' and inserting ``violation of this subsection 
     that occurs after a prior conviction under this subsection 
     has become final''.
       (b) Applicability to Pending Cases.--This section, and the 
     amendments made by this section, shall apply to any offense 
     that was committed before the date of enactment of this Act, 
     if a sentence for the offense has not been imposed as of such 
     date of enactment.

     SEC. 404. APPLICATION OF FAIR SENTENCING ACT.

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

           TITLE V--SECOND CHANCE ACT OF 2007 REAUTHORIZATION

     SEC. 501. SHORT TITLE.

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

     SEC. 502. IMPROVEMENTS TO EXISTING PROGRAMS.

       (a) Reauthorization of Adult and Juvenile Offender State 
     and Local Demonstration Projects.--Section 2976 of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10631) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Grant Authorization.--The Attorney General shall make 
     grants to States, local governments, territories, or Indian 
     tribes, or any combination thereof (in this section referred 
     to as an `eligible entity'), in partnership with interested 
     persons (including Federal corrections and supervision 
     agencies), service providers, and nonprofit organizations for 
     the purpose of strategic planning and implementation of adult 
     and juvenile offender reentry projects.'';
       (2) in subsection (b)--
       (A) in paragraph (3), by inserting ``or reentry courts,'' 
     after ``community,'';
       (B) in paragraph (6), by striking ``and'' at the end;
       (C) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(8) promoting employment opportunities consistent with 
     the Transitional Jobs strategy (as defined in section 4 of 
     the Second Chance Act of 2007 (34 U.S.C. 60502)).''; and
       (3) by striking subsections (d), (e), and (f) and inserting 
     the following:
       ``(d) Combined Grant Application; Priority Consideration.--
       ``(1) In general.--The Attorney General shall develop a 
     procedure to allow applicants to submit a single application 
     for a planning grant under subsection (e) and an 
     implementation grant under subsection (f).
       ``(2) Priority consideration.--The Attorney General shall 
     give priority consideration to grant applications under 
     subsections (e) and (f) that include a commitment by the 
     applicant to partner with a local evaluator to identify and 
     analyze data that will--
       ``(A) enable the grantee to target the intended offender 
     population; and
       ``(B) serve as a baseline for purposes of the evaluation.
       ``(e) Planning Grants.--
       ``(1) In general.--Except as provided in paragraph (3), the 
     Attorney General may make a grant to an eligible entity of 
     not more than $75,000 to develop a strategic, collaborative 
     plan for an adult or juvenile offender reentry demonstration 
     project as described in subsection (h) that includes--
       ``(A) a budget and a budget justification;
       ``(B) a description of the outcome measures that will be 
     used to measure the effectiveness of the program in promoting 
     public safety and public health;
       ``(C) the activities proposed;
       ``(D) a schedule for completion of the activities described 
     in subparagraph (C); and
       ``(E) a description of the personnel necessary to complete 
     the activities described in subparagraph (C).
       ``(2) Maximum total grants and geographic diversity.--
       ``(A) Maximum amount.--The Attorney General may not make 
     initial planning grants and implementation grants to 1 
     eligible entity in a total amount that is more than a 
     $1,000,000.
       ``(B) Geographic diversity.--The Attorney General shall 
     make every effort to ensure equitable geographic distribution 
     of grants under this section and take into consideration the 
     needs of underserved populations, including rural and tribal 
     communities.
       ``(3) Period of grant.--A planning grant made under this 
     subsection shall be for a period of not longer than 1 year, 
     beginning on the first day of the month in which the planning 
     grant is made.
       ``(f) Implementation Grants.--
       ``(1) Applications.--An eligible entity desiring an 
     implementation grant under this subsection shall submit to 
     the Attorney General an application that--
       ``(A) contains a reentry strategic plan as described in 
     subsection (h), which describes the long-term strategy and 
     incorporates a detailed implementation schedule, including 
     the plans of the applicant to fund the program after Federal 
     funding is discontinued;
       ``(B) identifies the local government role and the role of 
     governmental agencies and nonprofit organizations that will 
     be coordinated by, and that will collaborate on, the offender 
     reentry strategy of the applicant, and certifies the 
     involvement of such agencies and organizations;
       ``(C) describes the evidence-based methodology and outcome 
     measures that will be used to evaluate the program funded 
     with a grant under this subsection, and specifically explains 
     how such measurements will provide valid measures of the 
     impact of that program; and
       ``(D) describes how the project could be broadly replicated 
     if demonstrated to be effective.
       ``(2) Requirements.--The Attorney General may make a grant 
     to an applicant under this subsection only if the 
     application--
       ``(A) reflects explicit support of the chief executive 
     officer, or their designee, of the State, unit of local 
     government, territory, or Indian tribe applying for a grant 
     under this subsection;
       ``(B) provides discussion of the role of Federal 
     corrections, State corrections departments, community 
     corrections agencies, juvenile justice systems, and tribal or 
     local jail systems in ensuring successful reentry of 
     offenders into their communities;
       ``(C) provides evidence of collaboration with State, local, 
     or tribal government agencies overseeing health, housing, 
     child welfare, education, substance abuse, victims services, 
     and employment services, and with local law enforcement 
     agencies;
       ``(D) provides a plan for analysis of the statutory, 
     regulatory, rules-based, and practice-based hurdles to 
     reintegration of offenders into the community;
       ``(E) includes the use of a State, local, territorial, or 
     tribal task force, described in subsection (i), to carry out 
     the activities funded under the grant;
       ``(F) provides a plan for continued collaboration with a 
     local evaluator as necessary to meeting the requirements 
     under subsection (h); and
       ``(G) demonstrates that the applicant participated in the 
     planning grant process or engaged in comparable planning for 
     the reentry project.
       ``(3) Priority considerations.--The Attorney General shall 
     give priority to grant applications under this subsection 
     that best--
       ``(A) focus initiative on geographic areas with a 
     disproportionate population of offenders released from 
     prisons, jails, and juvenile facilities;
       ``(B) include--
       ``(i) input from nonprofit organizations, in any case where 
     relevant input is available and appropriate to the grant 
     application;
       ``(ii) consultation with crime victims and offenders who 
     are released from prisons, jails, and juvenile facilities;
       ``(iii) coordination with families of offenders;
       ``(iv) input, where appropriate, from the juvenile justice 
     coordinating council of the region;
       ``(v) input, where appropriate, from the reentry 
     coordinating council of the region; or
       ``(vi) input, where appropriate, from other interested 
     persons;
       ``(C) demonstrate effective case assessment and management 
     abilities in order to provide comprehensive and continuous 
     reentry, including--
       ``(i) planning for prerelease transitional housing and 
     community release that begins upon admission for juveniles 
     and jail inmates, and, as appropriate, for prison inmates, 
     depending on the length of the sentence;
       ``(ii) establishing prerelease planning procedures to 
     ensure that the eligibility of an offender for Federal, 
     tribal, or State benefits upon release is established prior 
     to release, subject to any limitations in law, and to ensure 
     that offenders obtain all necessary referrals for reentry 
     services, including assistance identifying and securing 
     suitable housing; or
       ``(iii) delivery of continuous and appropriate mental 
     health services, drug treatment, medical care, job training 
     and placement, educational services, vocational services, and 
     any other service or support needed for reentry;
       ``(D) review the process by which the applicant adjudicates 
     violations of parole, probation, or supervision following 
     release from prison, jail, or a juvenile facility, taking 
     into account public safety and the use of graduated, 
     community-based sanctions for minor and technical violations 
     of parole,

[[Page S7609]]

     probation, or supervision (specifically those violations that 
     are not otherwise, and independently, a violation of law);
       ``(E) provide for an independent evaluation of reentry 
     programs that include, to the maximum extent possible, random 
     assignment and controlled studies to determine the 
     effectiveness of such programs;
       ``(F) target moderate and high-risk offenders for reentry 
     programs through validated assessment tools; or
       ``(G) target offenders with histories of homelessness, 
     substance abuse, or mental illness, including a prerelease 
     assessment of the housing status of the offender and 
     behavioral health needs of the offender with clear 
     coordination with mental health, substance abuse, and 
     homelessness services systems to achieve stable and permanent 
     housing outcomes with appropriate support service.
       ``(4) Period of grant.--A grant made under this subsection 
     shall be effective for a 2-year period--
       ``(A) beginning on the date on which the planning grant 
     awarded under subsection (e) concludes; or
       ``(B) in the case of an implementation grant awarded to an 
     eligible entity that did not receive a planning grant, 
     beginning on the date on which the implementation grant is 
     awarded.'';
       (4) in subsection (h)--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) In general.--As a condition of receiving financial 
     assistance under subsection (f), each application shall 
     develop a comprehensive reentry strategic plan that--
       ``(A) contains a plan to assess inmate reentry needs and 
     measurable annual and 3-year performance outcomes;
       ``(B) uses, to the maximum extent possible, randomly 
     assigned and controlled studies, or rigorous quasi-
     experimental studies with matched comparison groups, to 
     determine the effectiveness of the program funded with a 
     grant under subsection (f); and
       ``(C) includes as a goal of the plan to reduce the rate of 
     recidivism for offenders released from prison, jail or a 
     juvenile facility with funds made available under subsection 
     (f).
       ``(2) Local evaluator.--A partnership with a local 
     evaluator described in subsection (d)(2) shall require the 
     local evaluator to use the baseline data and target 
     population characteristics developed under a subsection (e) 
     planning grant to derive a target goal for recidivism 
     reduction during the 3-year period beginning on the date of 
     implementation of the program.'';
       (5) in subsection (i)(1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``under this section'' and inserting ``under subsection 
     (f)''; and
       (B) in subparagraph (B), by striking ``subsection (e)(4)'' 
     and inserting ``subsection (f)(2)(D)'';
       (6) in subsection (j)--
       (A) in paragraph (1), by inserting ``for an implementation 
     grant under subsection (f)'' after ``applicant'';
       (B) in paragraph (2)--
       (i) in subparagraph (E), by inserting ``, where 
     appropriate'' after ``support''; and
       (ii) by striking subparagraphs (F), (G), and (H), and 
     inserting the following:
       ``(F) increased number of staff trained to administer 
     reentry services;
       ``(G) increased proportion of individuals served by the 
     program among those eligible to receive services;
       ``(H) increased number of individuals receiving risk 
     screening needs assessment, and case planning services;
       ``(I) increased enrollment in, and completion of treatment 
     services, including substance abuse and mental health 
     services among those assessed as needing such services;
       ``(J) increased enrollment in and degrees earned from 
     educational programs, including high school, GED, vocational 
     training, and college education;
       ``(K) increased number of individuals obtaining and 
     retaining employment;
       ``(L) increased number of individuals obtaining and 
     maintaining housing;
       ``(M) increased self-reports of successful community 
     living, including stability of living situation and positive 
     family relationships;
       ``(N) reduction in drug and alcohol use; and
       ``(O) reduction in recidivism rates for individuals 
     receiving reentry services after release, as compared to 
     either baseline recidivism rates in the jurisdiction of the 
     grantee or recidivism rates of the control or comparison 
     group.'';
       (C) in paragraph (3), by striking ``facilities.'' and 
     inserting ``facilities, including a cost-benefit analysis to 
     determine the cost effectiveness of the reentry program.'';
       (D) in paragraph (4), by striking ``this section'' and 
     inserting ``subsection (f)''; and
       (E) in paragraph (5), by striking ``this section'' and 
     inserting ``subsection (f)'';
       (7) in subsection (k)(1), by striking ``this section'' each 
     place the term appears and inserting ``subsection (f)'';
       (8) in subsection (l)--
       (A) in paragraph (2), by inserting ``beginning on the date 
     on which the most recent implementation grant is made to the 
     grantee under subsection (f)'' after ``2-year period''; and
       (B) in paragraph (4), by striking ``over a 2-year period'' 
     and inserting ``during the 2-year period described in 
     paragraph (2)'';
       (9) in subsection (o)(1), by striking ``appropriated'' and 
     all that follows and inserting the following: ``appropriated 
     $35,000,000 for each of fiscal years 2019 through 2023.''; 
     and
       (10) by adding at the end the following:
       ``(p) Definition.--In this section, the term `reentry 
     court' means a program that--
       ``(1) monitors juvenile and adult eligible offenders 
     reentering the community;
       ``(2) provides continual judicial supervision;
       ``(3) provides juvenile and adult eligible offenders 
     reentering the community with coordinated and comprehensive 
     reentry services and programs, such as--
       ``(A) drug and alcohol testing and assessment for 
     treatment;
       ``(B) assessment for substance abuse from a substance abuse 
     professional who is approved by the State or Indian tribe and 
     licensed by the appropriate entity to provide alcohol and 
     drug addiction treatment, as appropriate;
       ``(C) substance abuse treatment, including medication-
     assisted treatment, from a provider that is approved by the 
     State or Indian tribe, and licensed, if necessary, to provide 
     medical and other health services;
       ``(D) health (including mental health) services and 
     assessment;
       ``(E) aftercare and case management services that--
       ``(i) facilitate access to clinical care and related health 
     services; and
       ``(ii) coordinate with such clinical care and related 
     health services; and
       ``(F) any other services needed for reentry;
       ``(4) convenes community impact panels, victim impact 
     panels, or victim impact educational classes;
       ``(5) provides and coordinates the delivery of community 
     services to juvenile and adult eligible offenders, 
     including--
       ``(A) housing assistance;
       ``(B) education;
       ``(C) job training;
       ``(D) conflict resolution skills training;
       ``(E) batterer intervention programs; and
       ``(F) other appropriate social services; and
       ``(6) establishes and implements graduated sanctions and 
     incentives.''.
       (b) Grants for Family-Based Substance Abuse Treatment.--
     Part DD of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (34 U.S.C. 10591 et seq.) is amended--
       (1) in section 2921 (34 U.S.C. 10591), in the matter 
     preceding paragraph (1), by inserting ``nonprofit 
     organizations,'' before ``and Indian'';
       (2) in section 2923 (34 U.S.C. 10593), by adding at the end 
     the following:
       ``(c) Priority Considerations.--The Attorney General shall 
     give priority consideration to grant applications for grants 
     under section 2921 that are submitted by a nonprofit 
     organization that demonstrates a relationship with State and 
     local criminal justice agencies, including--
       ``(1) within the judiciary and prosecutorial agencies; or
       ``(2) with the local corrections agencies, which shall be 
     documented by a written agreement that details the terms of 
     access to facilities and participants and provides 
     information on the history of the organization of working 
     with correctional populations.''; and
       (3) by striking section 2926(a) and inserting the 
     following:
       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part $10,000,000 for each of fiscal years 
     2019 through 2023.''.
       (c) Grant Program To Evaluate and Improve Educational 
     Methods at Prisons, Jails, and Juvenile Facilities.--Title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended--
       (1) by striking the second part designated as part JJ, as 
     added by the Second Chance Act of 2007 (Public Law 110-199; 
     122 Stat. 677), relating to grants to evaluate and improve 
     educational methods at prisons, jails, and juvenile 
     facilities;
       (2) by adding at the end the following:

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

     ``SEC. 3041. GRANT PROGRAM TO EVALUATE AND IMPROVE 
                   EDUCATIONAL METHODS AT PRISONS, JAILS, AND 
                   JUVENILE FACILITIES.

       ``(a) Grant Program Authorized.--The Attorney General may 
     carry out a grant program under which the Attorney General 
     may make grants to States, units of local government, 
     territories, Indian Tribes, and other public and private 
     entities to--
       ``(1) evaluate methods to improve academic and vocational 
     education for offenders in prisons, jails, and juvenile 
     facilities;
       ``(2) identify, and make recommendations to the Attorney 
     General regarding, best practices relating to academic and 
     vocational education for offenders in prisons, jails, and 
     juvenile facilities, based on the evaluation under paragraph 
     (1);
       ``(3) improve the academic and vocational education 
     programs (including technology career training) available to 
     offenders in prisons, jails, and juvenile facilities; and
       ``(4) implement methods to improve academic and vocational 
     education for offenders in prisons, jails, and juvenile 
     facilities consistent with the best practices identified in 
     subsection (c).
       ``(b) Application.--To be eligible for a grant under this 
     part, a State or other entity described in subsection (a) 
     shall submit to the Attorney General an application in such

[[Page S7610]]

     form and manner, at such time, and accompanied by such 
     information as the Attorney General specifies.
       ``(c) Best Practices.--Not later than 180 days after the 
     date of enactment of the Second Chance Reauthorization Act of 
     2018, the Attorney General shall identify and publish best 
     practices relating to academic and vocational education for 
     offenders in prisons, jails, and juvenile facilities. The 
     best practices shall consider the evaluations performed and 
     recommendations made under grants made under subsection (a) 
     before the date of enactment of the Second Chance 
     Reauthorization Act of 2018.
       ``(d) Report.--Not later than 90 days after the last day of 
     the final fiscal year of a grant under this part, each entity 
     described in subsection (a) receiving such a grant shall 
     submit to the Attorney General a detailed report of the 
     progress made by the entity using such grant, to permit the 
     Attorney General to evaluate and improve academic and 
     vocational education methods carried out with grants under 
     this part.''; and
       (3) in section 1001(a) of part J of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
     10261(a)), by adding at the end the following:
       ``(28) There are authorized to be appropriated to carry out 
     section 3031(a)(4) of part NN $5,000,000 for each of fiscal 
     years 2019, 2020, 2021, 2022, and 2023.''.
       (d) Careers Training Demonstration Grants.--Section 115 of 
     the Second Chance Act of 2007 (34 U.S.C. 60511) is amended--
       (1) in the heading, by striking ``technology careers'' and 
     inserting ``careers'';
       (2) in subsection (a)--
       (A) by striking ``and Indian'' and inserting ``nonprofit 
     organizations, and Indian''; and
       (B) by striking ``technology career training to prisoners'' 
     and inserting ``career training, including subsidized 
     employment, when part of a training program, to prisoners and 
     reentering youth and adults'';
       (3) in subsection (b)--
       (A) by striking ``technology careers training'';
       (B) by striking ``technology-based''; and
       (C) by inserting ``, as well as upon transition and reentry 
     into the community'' after ``facility'';
       (4) by striking subsection (e);
       (5) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively;
       (6) by inserting after subsection (b) the following:
       ``(c) Priority Consideration.--Priority consideration shall 
     be given to any application under this section that--
       ``(1) provides assessment of local demand for employees in 
     the geographic areas to which offenders are likely to return;
       ``(2) conducts individualized reentry career planning upon 
     the start of incarceration or post-release employment 
     planning for each offender served under the grant;
       ``(3) demonstrates connections to employers within the 
     local community; or
       ``(4) tracks and monitors employment outcomes.''; and
       (7) by adding at the end the following:
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for each of fiscal years 2019, 2020, 2021, 2022, 
     and 2023.''.
       (e) Offender Reentry Substance Abuse and Criminal Justice 
     Collaboration Program.--Section 201(f)(1) of the Second 
     Chance Act of 2007 (34 U.S.C. 60521(f)(1)) is amended to read 
     as follows:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $15,000,000 for each of fiscal 
     years 2019 through 2023.''.
       (f) Community-Based Mentoring and Transitional Service 
     Grants to Nonprofit Organizations.--
       (1) In general.--Section 211 of the Second Chance Act of 
     2007 (34 U.S.C. 60531) is amended--
       (A) in the header, by striking ``mentoring grants to 
     nonprofit organizations'' and inserting ``community-based 
     mentoring and transitional service grants to nonprofit 
     organizations'';
       (B) in subsection (a), by striking ``mentoring and other'';
       (C) in subsection (b), by striking paragraph (2) and 
     inserting the following:
       ``(2) transitional services to assist in the reintegration 
     of offenders into the community, including--
       ``(A) educational, literacy, and vocational, services and 
     the Transitional Jobs strategy;
       ``(B) substance abuse treatment and services;
       ``(C) coordinated supervision and services for offenders, 
     including physical health care and comprehensive housing and 
     mental health care;
       ``(D) family services; and
       ``(E) validated assessment tools to assess the risk factors 
     of returning inmates; and''; and
       (D) in subsection (f), by striking ``this section'' and all 
     that follows and inserting the following: ``this section 
     $15,000,000 for each of fiscal years 2019 through 2023.''.
       (2) Table of contents amendment.--The table of contents in 
     section 2 of the Second Chance Act of 2007 (Public Law 110-
     199; 122 Stat. 657) is amended by striking the item relating 
     to section 211 and inserting the following:

``Sec. 211. Community-based mentoring and transitional service 
              grants.''.
       (g) Definitions.--
       (1) In general.--Section 4 of the Second Chance Act of 2007 
     (34 U.S.C. 60502) is amended to read as follows:

     ``SEC. 4. DEFINITIONS.

       ``In this Act--
       ``(1) the term `exoneree' means an individual who--
       ``(A) has been convicted of a Federal, tribal, or State 
     offense that is punishable by a term of imprisonment of more 
     than 1 year;
       ``(B) has served a term of imprisonment for not less than 6 
     months in a Federal, tribal, or State prison or correctional 
     facility as a result of the conviction described in 
     subparagraph (A); and
       ``(C) has been determined to be factually innocent of the 
     offense described in subparagraph (A);
       ``(2) the term `Indian tribe' has the meaning given in 
     section 901 of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (34 U.S.C. 10251);
       ``(3) the term `offender' includes an exoneree; and
       ``(4) the term `Transitional Jobs strategy' means an 
     employment strategy for youth and adults who are chronically 
     unemployed or those that have barriers to employment that--
       ``(A) is conducted by State, tribal, and local governments, 
     State, tribal, and local workforce boards, and nonprofit 
     organizations;
       ``(B) provides time-limited employment using individual 
     placements, team placements, and social enterprise 
     placements, without displacing existing employees;
       ``(C) pays wages in accordance with applicable law, but in 
     no event less than the higher of the rate specified in 
     section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 206(a)(1)) or the applicable State or local minimum 
     wage law, which are subsidized, in whole or in part, by 
     public funds;
       ``(D) combines time-limited employment with activities that 
     promote skill development, remove barriers to employment, and 
     lead to unsubsidized employment such as a thorough 
     orientation and individual assessment, job readiness and life 
     skills training, case management and supportive services, 
     adult education and training, child support-related services, 
     job retention support and incentives, and other similar 
     activities;
       ``(E) places participants into unsubsidized employment; and
       ``(F) provides job retention, re-employment services, and 
     continuing and vocational education to ensure continuing 
     participation in unsubsidized employment and identification 
     of opportunities for advancement.''.
       (2) Table of contents amendment.--The table of contents in 
     section 2 of the Second Chance Act of 2007 (Public Law 110-
     199; 122 Stat. 657) is amended by striking the item relating 
     to section 4 and inserting the following:

``Sec. 4. Definitions.''.
       (h) Extension of the Length of Section 2976 Grants.--
     Section 6(1) of the Second Chance Act of 2007 (34 U.S.C. 
     60504(1)) is amended by inserting ``or under section 2976 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10631)'' after ``and 212''.

     SEC. 503. AUDIT AND ACCOUNTABILITY OF GRANTEES.

       (a) Definitions.--In this section--
       (1) the term ``covered grant program'' means grants awarded 
     under section 115, 201, or 211 of the Second Chance Act of 
     2007 (34 U.S.C. 60511, 60521, and 60531), as amended by this 
     title;
       (2) the term ``covered grantee'' means a recipient of a 
     grant from a covered grant program;
       (3) the term ``nonprofit'', when used with respect to an 
     organization, means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986, and 
     is exempt from taxation under section 501(a) of such Code; 
     and
       (4) the term ``unresolved audit finding'' means an audit 
     report finding in a final audit report of the Inspector 
     General of the Department of Justice that a covered grantee 
     has used grant funds awarded to that grantee under a covered 
     grant program for an unauthorized expenditure or otherwise 
     unallowable cost that is not closed or resolved during a 12-
     month period prior to the date on which the final audit 
     report is issued.
       (b) Audit Requirement.--Beginning in fiscal year 2019, and 
     annually thereafter, the Inspector General of the Department 
     of Justice shall conduct audits of covered grantees to 
     prevent waste, fraud, and abuse of funds awarded under 
     covered grant programs. The Inspector General shall determine 
     the appropriate number of covered grantees to be audited each 
     year.
       (c) Mandatory Exclusion.--A grantee that is found to have 
     an unresolved audit finding under an audit conducted under 
     subsection (b) may not receive grant funds under a covered 
     grant program in the fiscal year following the fiscal year to 
     which the finding relates.
       (d) Reimbursement.--If a covered grantee is awarded funds 
     under the covered grant program from which it received a 
     grant award during the 1-fiscal-year period during which the 
     covered grantee is ineligible for an allocation of grant 
     funds under subsection (c), the Attorney General shall--
       (1) deposit into the General Fund of the Treasury an amount 
     that is equal to the amount of the grant funds that were 
     improperly awarded to the covered grantee; and
       (2) seek to recoup the costs of the repayment to the Fund 
     from the covered grantee that was improperly awarded the 
     grant funds.

[[Page S7611]]

       (e) Priority of Grant Awards.--The Attorney General, in 
     awarding grants under a covered grant program shall give 
     priority to eligible entities that during the 2-year period 
     preceding the application for a grant have not been found to 
     have an unresolved audit finding.
       (f) Nonprofit Requirements.--
       (1) Prohibition.--A nonprofit organization that holds money 
     in offshore accounts for the purpose of avoiding the tax 
     described in section 511(a) of the Internal Revenue Code of 
     1986, shall not be eligible to receive, directly or 
     indirectly, any funds from a covered grant program.
       (2) Disclosure.--Each nonprofit organization that is a 
     covered grantee shall disclose in its application for such a 
     grant, as a condition of receipt of such a grant, the 
     compensation of its officers, directors, and trustees. Such 
     disclosure shall include a description of the criteria relied 
     on to determine such compensation.
       (g) Prohibition on Lobbying Activity.--
       (1) In general.--Amounts made available under a covered 
     grant program may not be used by any covered grantee to--
       (A) lobby any representative of the Department of Justice 
     regarding the award of grant funding; or
       (B) lobby any representative of the Federal Government or a 
     State, local, or tribal government regarding the award of 
     grant funding.
       (2) Penalty.--If the Attorney General determines that a 
     covered grantee has violated paragraph (1), the Attorney 
     General shall--
       (A) require the covered grantee to repay the grant in full; 
     and
       (B) prohibit the covered grantee from receiving a grant 
     under the covered grant program from which it received a 
     grant award during at least the 5-year period beginning on 
     the date of such violation.

     SEC. 504. FEDERAL REENTRY IMPROVEMENTS.

       (a) Responsible Reintegration of Offenders.--Section 212 of 
     the Second Chance Act of 2007 (34 U.S.C. 60532) is repealed.
       (b) Federal Prisoner Reentry Initiative.--Section 231 of 
     the Second Chance Act of 2007 (434 U.S.C. 60541) is amended--
       (1) in subsection (g)--
       (A) in paragraph (3), by striking ``carried out during 
     fiscal years 2009 and 2010'' and inserting ``carried out 
     during fiscal years 2019 through 2023''; and
       (B) in paragraph (5)(A)(ii), by striking ``the greater of 
     10 years or'';
       (2) by striking subsection (h);
       (3) by redesignating subsection (i) as subsection (h); and
       (4) in subsection (h), as so redesignated, by striking 
     ``2009 and 2010'' and inserting ``2019 through 2023''.
       (c) Enhancing Reporting Requirements Pertaining to 
     Community Corrections.--Section 3624(c) of title 18, United 
     States Code, is amended--
       (1) in paragraph (5), in the second sentence, by inserting 
     ``, and number of prisoners not being placed in community 
     corrections facilities for each reason set forth'' before ``, 
     and any other information''; and
       (2) in paragraph (6), by striking ``the Second Chance Act 
     of 2007'' and inserting ``the Second Chance Reauthorization 
     Act of 2018''.
       (d) Termination of Study on Effectiveness of Depot 
     Naltrexone for Heroin Addiction.--Section 244 of the Second 
     Chance Act of 2007 (34 U.S.C. 60554) is repealed.
       (e) Authorization of Appropriations for Research.--Section 
     245 of the Second Chance Act of 2007 (34 U.S.C. 60555) is 
     amended--
       (1) by striking ``243, and 244'' and inserting ``and 243''; 
     and
       (2) by striking ``$10,000,000 for each of the fiscal years 
     2009 and 2010'' and inserting ``$5,000,000 for each of the 
     fiscal years 2019, 2020, 2021, 2022, and 2023''.
       (f) Federal Prisoner Recidivism Reduction Programming 
     Enhancement.--
       (1) In general.--Section 3621 of title 18, United States 
     Code, as amended by section 102(a) of this Act, is amended--
       (A) by redesignating subsection (g) as subsection (i); and
       (B) by inserting after subsection (f) the following:
       ``(g) Partnerships To Expand Access to Reentry Programs 
     Proven To Reduce Recidivism.--
       ``(1) Definition.--The term `demonstrated to reduce 
     recidivism' means that the Director of Bureau of Prisons has 
     determined that appropriate research has been conducted and 
     has validated the effectiveness of the type of program on 
     recidivism.
       ``(2) Eligibility for recidivism reduction partnership.--A 
     faith-based or community-based nonprofit organization that 
     provides mentoring or other programs that have been 
     demonstrated to reduce recidivism is eligible to enter into a 
     recidivism reduction partnership with a prison or community-
     based facility operated by the Bureau of Prisons.
       ``(3) Recidivism reduction partnerships.--The Director of 
     the Bureau of Prisons shall develop policies to require 
     wardens of prisons and community-based facilities to enter 
     into recidivism reduction partnerships with faith-based and 
     community-based nonprofit organizations that are willing to 
     provide, on a volunteer basis, programs described in 
     paragraph (2).
       ``(4) Reporting requirement.--The Director of the Bureau of 
     Prisons shall submit to Congress an annual report on the last 
     day of each fiscal year that--
       ``(A) details, for each prison and community-based facility 
     for the fiscal year just ended--
       ``(i) the number of recidivism reduction partnerships under 
     this section that were in effect;
       ``(ii) the number of volunteers that provided recidivism 
     reduction programming; and
       ``(iii) the number of recidivism reduction programming 
     hours provided; and
       ``(B) explains any disparities between facilities in the 
     numbers reported under subparagraph (A).''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect 180 days after the date of enactment of 
     this Act.
       (g) Repeals.--
       (1) Section 2978 of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (34 U.S.C. 10633) is repealed.
       (2) Part CC of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10581 et seq.) is 
     repealed.

     SEC. 505. FEDERAL INTERAGENCY REENTRY COORDINATION.

       (a) Reentry Coordination.--The Attorney General, in 
     consultation with the Secretary of Housing and Urban 
     Development, the Secretary of Labor, the Secretary of 
     Education, the Secretary of Health and Human Services, the 
     Secretary of Veterans Affairs, the Secretary of Agriculture, 
     and the heads of such other agencies of the Federal 
     Government as the Attorney General considers appropriate, and 
     in collaboration with interested persons, service providers, 
     nonprofit organizations, and State, tribal, and local 
     governments, shall coordinate on Federal programs, policies, 
     and activities relating to the reentry of individuals 
     returning from incarceration to the community, with an 
     emphasis on evidence-based practices and protection against 
     duplication of services.
       (b) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Attorney General, in consultation 
     with the Secretaries listed in subsection (a), shall submit 
     to Congress a report summarizing the achievements under 
     subsection (a), and including recommendations for Congress 
     that would further reduce barriers to successful reentry.

     SEC. 506. CONFERENCE EXPENDITURES.

       (a) Limitation.--No amounts authorized to be appropriated 
     to the Department of Justice under this title, or any 
     amendments made by this title, may be used by the Attorney 
     General, or by any individual or organization awarded 
     discretionary funds under this title, or any amendments made 
     by this title, to host or support any expenditure for 
     conferences that uses more than $20,000 in Department funds, 
     unless the Deputy Attorney General or such Assistant Attorney 
     Generals, Directors, or principal deputies as the Deputy 
     Attorney General may designate, provides prior written 
     authorization that the funds may be expended to host a 
     conference. A conference that uses more than $20,000 in such 
     funds, but less than an average of $500 in such funds for 
     each attendee of the conference, shall not be subject to the 
     limitations of this section.
       (b) Written Approval.--Written approval under subsection 
     (a) shall include a written estimate of all costs associated 
     with the conference, including the cost of all food and 
     beverages, audiovisual equipment, honoraria for speakers, and 
     any entertainment.
       (c) Report.--The Deputy Attorney General shall submit an 
     annual report to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives on all approved conference expenditures 
     referenced in this section.

     SEC. 507. EVALUATION OF THE SECOND CHANCE ACT PROGRAM.

       (a) Evaluation of the Second Chance Act Grant Program.--Not 
     later than 5 years after the date of enactment of this Act, 
     the National Institute of Justice shall evaluate the 
     effectiveness of grants used by the Department of Justice to 
     support offender reentry and recidivism reduction programs at 
     the State, local, Tribal, and Federal levels. The National 
     Institute of Justice shall evaluate the following:
       (1) The effectiveness of such programs in relation to their 
     cost, including the extent to which the programs improve 
     reentry outcomes, including employment, education, housing, 
     reductions in recidivism, of participants in comparison to 
     comparably situated individuals who did not participate in 
     such programs and activities.
       (2) The effectiveness of program structures and mechanisms 
     for delivery of services.
       (3) The impact of such programs on the communities and 
     participants involved.
       (4) The impact of such programs on related programs and 
     activities.
       (5) The extent to which such programs meet the needs of 
     various demographic groups.
       (6) The quality and effectiveness of technical assistance 
     provided by the Department of Justice to grantees for 
     implementing such programs.
       (7) Such other factors as may be appropriate.
       (b) Authorization of Funds for Evaluation.--Not more than 1 
     percent of any amounts authorized to be appropriated to carry 
     out the Second Chance Act grant program shall be made 
     available to the National Institute of Justice each year to 
     evaluate the processes, implementation, outcomes, costs, and 
     effectiveness of the Second Chance Act grant program in 
     improving reentry and reducing recidivism. Such funding may 
     be used to provide support to grantees for supplemental data 
     collection, analysis, and coordination associated with 
     evaluation activities.

[[Page S7612]]

       (c) Techniques.--Evaluations conducted under this section 
     shall use appropriate methodology and research designs. 
     Impact evaluations conducted under this section shall include 
     the use of intervention and control groups chosen by random 
     assignment methods, to the extent possible.
       (d) Metrics and Outcomes for Evaluation.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the National Institute of Justice 
     shall consult with relevant stakeholders and identify outcome 
     measures, including employment, housing, education, and 
     public safety, that are to be achieved by programs authorized 
     under the Second Chance Act grant program and the metrics by 
     which the achievement of such outcomes shall be determined.
       (2) Publication.--Not later than 30 days after the date on 
     which the National Institute of Justice identifies metrics 
     and outcomes under paragraph (1), the Attorney General shall 
     publish such metrics and outcomes identified.
       (e) Data Collection.--As a condition of award under the 
     Second Chance Act grant program (including a subaward under 
     section 3021(b) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10701(b))), grantees 
     shall be required to collect and report to the Department of 
     Justice data based upon the metrics identified under 
     subsection (d). In accordance with applicable law, collection 
     of individual-level data under a pledge of confidentiality 
     shall be protected by the National Institute of Justice in 
     accordance with such pledge.
       (f) Data Accessibility.--Not later than 5 years after the 
     date of enactment of this Act, the National Institute of 
     Justice shall--
       (1) make data collected during the course of evaluation 
     under this section available in de-identified form in such a 
     manner that reasonably protects a pledge of confidentiality 
     to participants under subsection (e); and
       (2) make identifiable data collected during the course of 
     evaluation under this section available to qualified 
     researchers for future research and evaluation, in accordance 
     with applicable law.
       (g) Publication and Reporting of Evaluation Findings.--The 
     National Institute of Justice shall--
       (1) not later than 365 days after the date on which the 
     enrollment of participants in an impact evaluation is 
     completed, publish an interim report on such evaluation;
       (2) not later than 90 days after the date on which any 
     evaluation is completed, publish and make publicly available 
     such evaluation; and
       (3) not later than 60 days after the completion date 
     described in paragraph (2), submit a report to the Committee 
     on the Judiciary of the House of Representatives and the 
     Committee on the Judiciary of the Senate on such evaluation.
       (h) Second Chance Act Grant Program Defined.--In this 
     section, the term ``Second Chance Act grant program'' means 
     any grant program reauthorized under this title and the 
     amendments made by this title.

     SEC. 508. GAO REVIEW.

       Not later than 3 years after the date of enactment of the 
     First Step Act of 2018 the Comptroller General of the United 
     States shall conduct a review of all of the grant awards made 
     under this title and amendments made by this title that 
     includes--
       (1) an evaluation of the effectiveness of the reentry 
     programs funded by grant awards under this title and 
     amendments made by this title at reducing recidivism, 
     including a determination of which reentry programs were most 
     effective;
       (2) recommendations on how to improve the effectiveness of 
     reentry programs, including those for which prisoners may 
     earn time credits under the First Step Act of 2018; and
       (3) an evaluation of the effectiveness of mental health 
     services, drug treatment, medical care, job training and 
     placement, educational services, and vocational services 
     programs funded under this title and amendments made by this 
     title.

                TITLE VI--MISCELLANEOUS CRIMINAL JUSTICE

     SEC. 601. PLACEMENT OF PRISONERS CLOSE TO FAMILIES.

       Section 3621(b) of title 18, United States Code, is 
     amended--
       (1) by striking ``shall designate the place of the 
     prisoner's imprisonment.'' and inserting ``shall designate 
     the place of the prisoner's imprisonment, and shall, subject 
     to bed availability, the prisoner's security designation, the 
     prisoner's programmatic needs, the prisoner's mental and 
     medical health needs, any request made by the prisoner 
     related to faith-based needs, recommendations of the 
     sentencing court, and other security concerns of the Bureau 
     of Prisons, place the prisoner in a facility as close as 
     practicable to the prisoner's primary residence, and to the 
     extent practicable, in a facility within 500 driving miles of 
     that residence. The Bureau shall, subject to consideration of 
     the factors described in the preceding sentence and the 
     prisoner's preference for staying at his or her current 
     facility or being transferred, transfer prisoners to 
     facilities that are closer to the prisoner's primary 
     residence even if the prisoner is already in a facility 
     within 500 driving miles of that residence.''; and
       (2) by adding at the end the following: ``Notwithstanding 
     any other provision of law, a designation of a place of 
     imprisonment under this subsection is not reviewable by any 
     court.''.

     SEC. 602. HOME CONFINEMENT FOR LOW-RISK PRISONERS.

       Section 3624(c)(2) of title 18, United States Code, is 
     amended by adding at the end the following: ``The Bureau of 
     Prisons shall, to the extent practicable, place prisoners 
     with lower risk levels and lower needs on home confinement 
     for the maximum amount of time permitted under this 
     paragraph.''.

     SEC. 603. FEDERAL PRISONER REENTRY INITIATIVE 
                   REAUTHORIZATION; MODIFICATION OF IMPOSED TERM 
                   OF IMPRISONMENT.

       (a) Federal Prisoner Reentry Initiative Reauthorization.--
     Section 231(g) of the Second Chance Act of 2007 (34 U.S.C. 
     60541(g)) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``and eligible terminally ill offenders'' 
     after ``elderly offenders'' each place the term appears;
       (B) in subparagraph (A), by striking ``a Bureau of Prisons 
     facility'' and inserting ``Bureau of Prisons facilities'';
       (C) in subparagraph (B)--
       (i) by striking ``the Bureau of Prisons facility'' and 
     inserting ``Bureau of Prisons facilities''; and
       (ii) by inserting ``, upon written request from either the 
     Bureau of Prisons or an eligible elderly offender or eligible 
     terminally ill offender'' after ``to home detention''; and
       (D) in subparagraph (C), by striking ``the Bureau of 
     Prisons facility'' and inserting ``Bureau of Prisons 
     facilities'';
       (2) in paragraph (2), by inserting ``or eligible terminally 
     ill offender'' after ``elderly offender'';
       (3) in paragraph (3), as amended by section 504(b)(1)(A) of 
     this Act, by striking ``at least one Bureau of Prisons 
     facility'' and inserting ``Bureau of Prisons facilities''; 
     and
       (4) in paragraph (4)--
       (A) by inserting ``or eligible terminally ill offender'' 
     after ``each eligible elderly offender''; and
       (B) by inserting ``and eligible terminally ill offenders'' 
     after ``eligible elderly offenders''; and
       (5) in paragraph (5)--
       (A) in subparagraph (A)--
       (i) in clause (i), striking ``65 years of age'' and 
     inserting ``60 years of age''; and
       (ii) in clause (ii), as amended by section 504(b)(1)(B) of 
     this Act, by striking ``75 percent'' and inserting ``\2/3\''; 
     and
       (B) by adding at the end the following:
       ``(D) Eligible terminally ill offender.--The term `eligible 
     terminally ill offender' means an offender in the custody of 
     the Bureau of Prisons who--
       ``(i) is serving a term of imprisonment based on conviction 
     for an offense or offenses that do not include any crime of 
     violence (as defined in section 16(a) of title 18, United 
     States Code), sex offense (as defined in section 111(5) of 
     the Sex Offender Registration and Notification Act (34 U.S.C. 
     20911(5))), offense described in section 2332b(g)(5)(B) of 
     title 18, United States Code, or offense under chapter 37 of 
     title 18, United States Code;
       ``(ii) satisfies the criteria specified in clauses (iii) 
     through (vii) of subparagraph (A); and
       ``(iii) has been determined by a medical doctor approved by 
     the Bureau of Prisons to be--

       ``(I) in need of care at a nursing home, intermediate care 
     facility, or assisted living facility, as those terms are 
     defined in section 232 of the National Housing Act (12 U.S.C. 
     1715w); or
       ``(II) diagnosed with a terminal illness.''.

       (b) Increasing the Use and Transparency of Compassionate 
     Release.--Section 3582 of title 18, United States Code, is 
     amended--
       (1) in subsection (c)(1)(A), in the matter preceding clause 
     (i), by inserting after ``Bureau of Prisons,'' the following: 
     ``or upon motion of the defendant after the defendant has 
     fully exhausted all administrative rights to appeal a failure 
     of the Bureau of Prisons to bring a motion on the defendant's 
     behalf or the lapse of 30 days from the receipt of such a 
     request by the warden of the defendant's facility, whichever 
     is earlier,'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Notification Requirements.--
       ``(1) Terminal illness defined.--In this subsection, the 
     term `terminal illness' means a disease or condition with an 
     end-of-life trajectory.
       ``(2) Notification.--The Bureau of Prisons shall, subject 
     to any applicable confidentiality requirements--
       ``(A) in the case of a defendant diagnosed with a terminal 
     illness--
       ``(i) not later than 72 hours after the diagnosis notify 
     the defendant's attorney, partner, and family members of the 
     defendant's condition and inform the defendant's attorney, 
     partner, and family members that they may prepare and submit 
     on the defendant's behalf a request for a sentence reduction 
     pursuant to subsection (c)(1)(A);
       ``(ii) not later than 7 days after the date of the 
     diagnosis, provide the defendant's partner and family members 
     (including extended family) with an opportunity to visit the 
     defendant in person;
       ``(iii) upon request from the defendant or his attorney, 
     partner, or a family member, ensure that Bureau of Prisons 
     employees assist the defendant in the preparation, drafting, 
     and submission of a request for a sentence reduction pursuant 
     to subsection (c)(1)(A); and

[[Page S7613]]

       ``(iv) not later than 14 days of receipt of a request for a 
     sentence reduction submitted on the defendant's behalf by the 
     defendant or the defendant's attorney, partner, or family 
     member, process the request;
       ``(B) in the case of a defendant who is physically or 
     mentally unable to submit a request for a sentence reduction 
     pursuant to subsection (c)(1)(A)--
       ``(i) inform the defendant's attorney, partner, and family 
     members that they may prepare and submit on the defendant's 
     behalf a request for a sentence reduction pursuant to 
     subsection (c)(1)(A);
       ``(ii) accept and process a request for sentence reduction 
     that has been prepared and submitted on the defendant's 
     behalf by the defendant's attorney, partner, or family member 
     under clause (i); and
       ``(iii) upon request from the defendant or his attorney, 
     partner, or family member, ensure that Bureau of Prisons 
     employees assist the defendant in the preparation, drafting, 
     and submission of a request for a sentence reduction pursuant 
     to subsection (c)(1)(A); and
       ``(C) ensure that all Bureau of Prisons facilities 
     regularly and visibly post, including in prisoner handbooks, 
     staff training materials, and facility law libraries and 
     medical and hospice facilities, and make available to 
     prisoners upon demand, notice of--
       ``(i) a defendant's ability to request a sentence reduction 
     pursuant to subsection (c)(1)(A);
       ``(ii) the procedures and timelines for initiating and 
     resolving requests described in clause (i); and
       ``(iii) the right to appeal a denial of a request described 
     in clause (i) after all administrative rights to appeal 
     within the Bureau of Prisons have been exhausted.
       ``(3) Annual report.--Not later than 1 year after the date 
     of enactment of this subsection, and once every year 
     thereafter, the Director of the Bureau of Prisons shall 
     submit to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives a report on requests for sentence reductions 
     pursuant to subsection (c)(1)(A), which shall include a 
     description of, for the previous year--
       ``(A) the number of prisoners granted and denied sentence 
     reductions, categorized by the criteria relied on as the 
     grounds for a reduction in sentence;
       ``(B) the number of requests initiated by or on behalf of 
     prisoners, categorized by the criteria relied on as the 
     grounds for a reduction in sentence;
       ``(C) the number of requests that Bureau of Prisons 
     employees assisted prisoners in drafting, preparing, or 
     submitting, categorized by the criteria relied on as the 
     grounds for a reduction in sentence, and the final decision 
     made in each request;
       ``(D) the number of requests that attorneys, partners, or 
     family members submitted on a defendant's behalf, categorized 
     by the criteria relied on as the grounds for a reduction in 
     sentence, and the final decision made in each request;
       ``(E) the number of requests approved by the Director of 
     the Bureau of Prisons, categorized by the criteria relied on 
     as the grounds for a reduction in sentence;
       ``(F) the number of requests denied by the Director of the 
     Bureau of Prisons and the reasons given for each denial, 
     categorized by the criteria relied on as the grounds for a 
     reduction in sentence;
       ``(G) for each request, the time elapsed between the date 
     the request was received by the warden and the final 
     decision, categorized by the criteria relied on as the 
     grounds for a reduction in sentence;
       ``(H) for each request, the number of prisoners who died 
     while their request was pending and, for each, the amount of 
     time that had elapsed between the date the request was 
     received by the Bureau of Prisons, categorized by the 
     criteria relied on as the grounds for a reduction in 
     sentence;
       ``(I) the number of Bureau of Prisons notifications to 
     attorneys, partners, and family members of their right to 
     visit a terminally ill defendant as required under paragraph 
     (2)(A)(ii) and, for each, whether a visit occurred and how 
     much time elapsed between the notification and the visit;
       ``(J) the number of visits to terminally ill prisoners that 
     were denied by the Bureau of Prisons due to security or other 
     concerns, and the reasons given for each denial; and
       ``(K) the number of motions filed by defendants with the 
     court after all administrative rights to appeal a denial of a 
     sentence reduction had been exhausted, the outcome of each 
     motion, and the time that had elapsed between the date the 
     request was first received by the Bureau of Prisons and the 
     date the defendant filed the motion with the court.''.

     SEC. 604. IDENTIFICATION FOR RETURNING CITIZENS.

       (a) Identification and Release Assistance for Federal 
     Prisoners.--Section 231(b) of the Second Chance Act of 2007 
     (34 U.S.C. 60541(b)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``(including'' and inserting ``prior to 
     release from a term of imprisonment in a Federal prison or if 
     the individual was not sentenced to a term of imprisonment in 
     a Federal prison, prior to release from a sentence to a term 
     in community confinement, including''; and
       (B) by striking ``or birth certificate) prior to release'' 
     and inserting ``and a birth certificate''; and
       (2) by adding at the end the following:
       ``(4) Definition.--In this subsection, the term `community 
     confinement' means residence in a community treatment center, 
     halfway house, restitution center, mental health facility, 
     alcohol or drug rehabilitation center, or other community 
     facility.''.
       (b) Duties of the Bureau of Prisons.--Section 4042(a) of 
     title 18, United States Code, is amended--
       (1) by redesignating paragraphs (D) and (E) as paragraphs 
     (6) and (7), respectively;
       (2) in paragraph (6) (as so redesignated)--
       (A) in clause (i)--
       (i) by striking ``Social Security Cards,''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating clause (ii) as clause (iii);
       (C) by inserting after clause (i) the following:
       ``(ii) obtain identification, including a social security 
     card, driver's license or other official photo 
     identification, and a birth certificate; and'';
       (D) in clause (iii) (as so redesignated), by inserting 
     after ``prior to release'' the following: ``from a sentence 
     to a term of imprisonment in a Federal prison or if the 
     individual was not sentenced to a term of imprisonment in a 
     Federal prison, prior to release from a sentence to a term of 
     community confinement''; and
       (E) by redesignating clauses (i), (ii), and (iii) (as so 
     amended) as subparagraphs (A), (B), and (C), respectively, 
     and adjusting the margins accordingly; and
       (3) in paragraph (7) (as so redesignated), by redesignating 
     clauses (i) through (vii) as subparagraphs (A) through (G), 
     respectively, and adjusting the margins accordingly.

     SEC. 605. EXPANDING INMATE EMPLOYMENT THROUGH FEDERAL PRISON 
                   INDUSTRIES.

       (a) New Market Authorizations.--Chapter 307 of title 18, 
     United States Code, is amended by inserting after section 
     4129 the following:

     ``Sec. 4130. Additional markets

       ``(a) In General.--Except as provided in subsection (b), 
     notwithstanding any other provision of law, Federal Prison 
     Industries may sell products to--
       ``(1) public entities for use in penal or correctional 
     institutions;
       ``(2) public entities for use in disaster relief or 
     emergency response;
       ``(3) the government of the District of Columbia; and
       ``(4) any organization described in subsection (c)(3), 
     (c)(4), or (d) of section 501 of the Internal Revenue Code of 
     1986 that is exempt from taxation under section 501(a) of 
     such Code.
       ``(b) Office Furniture.--Federal Prison Industries may not 
     sell office furniture to the organizations described in 
     subsection (a)(4).
       ``(c) Definitions.--In this section:
       ``(1) The term `office furniture' means any product or 
     service offering intended to meet the furnishing needs of the 
     workplace, including office, healthcare, educational, and 
     hospitality environments.
       ``(2) The term `public entity' means a State, a subdivision 
     of a State, an Indian tribe, and an agency or governmental 
     corporation or business of any of the foregoing.
       ``(3) The term `State' means a State, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, American 
     Samoa, the Northern Mariana Islands, and the United States 
     Virgin Islands.''.
       (b) Technical Amendment.--The table of sections for chapter 
     307 of title 18, United States Code, is amended by inserting 
     after the item relating to section 4129 the following:

``4130. Additional markets.''.
       (c) Deferred Compensation.--Section 4126(c)(4) of title 18, 
     United States Code, is amended by inserting after 
     ``operations,'' the following: ``not less than 15 percent of 
     such compensation for any inmate shall be reserved in the 
     fund or a separate account and made available to assist the 
     inmate with costs associated with release from prison,''.
       (d) GAO Report.--Beginning not later than 90 days after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall conduct an audit of Federal Prison 
     Industries that includes the following:
       (1) An evaluation of Federal Prison Industries's 
     effectiveness in reducing recidivism compared to other 
     rehabilitative programs in the prison system.
       (2) An evaluation of the scope and size of the additional 
     markets made available to Federal Prison Industries under 
     this section and the total market value that would be opened 
     up to Federal Prison Industries for competition with private 
     sector providers of products and services.
       (3) An evaluation of whether the following factors create 
     an unfair competitive environment between Federal Prison 
     Industries and private sector providers of products and 
     services which would be exacerbated by further expansion:
       (A) Federal Prison Industries's status as a mandatory 
     source of supply for Federal agencies and the requirement 
     that the buying agency must obtain a waiver in order to make 
     a competitive purchase from the private sector if the item to 
     be acquired is listed on the schedule of products and 
     services published by Federal Prison Industries.
       (B) Federal Prison Industries's ability to determine that 
     the price to be paid by Federal Agencies is fair and 
     reasonable, rather than such a determination being made by 
     the buying agency.

[[Page S7614]]

       (C) An examination of the extent to which Federal Prison 
     Industries is bound by the requirements of the generally 
     applicable Federal Acquisition Regulation pertaining to the 
     conformity of the delivered product with the specified design 
     and performance specifications and adherence to the delivery 
     schedule required by the Federal agency, based on the 
     transactions being categorized as interagency transfers.
       (D) An examination of the extent to which Federal Prison 
     Industries avoids transactions that are little more than pass 
     through transactions where the work provided by inmates does 
     not create meaningful value or meaningful work opportunities 
     for inmates.
       (E) The extent to which Federal Prison Industries must 
     comply with the same worker protection, workplace safety and 
     similar regulations applicable to, and enforceable against, 
     Federal contractors.
       (F) The wages Federal Prison Industries pays to inmates, 
     taking into account inmate productivity and other factors 
     such as security concerns associated with having a facility 
     in a prison.
       (G) The effect of any additional cost advantages Federal 
     Prison Industries has over private sector providers of goods 
     and services, including--
       (i) the costs absorbed by the Bureau of Prisons such as 
     inmate medical care and infrastructure expenses including 
     real estate and utilities; and
       (ii) its exemption from Federal and State income taxes and 
     property taxes.
       (4) An evaluation of the extent to which the customers of 
     Federal Prison Industries are satisfied with quality, price, 
     and timely delivery of the products and services provided it 
     provides, including summaries of other independent 
     assessments such as reports of agency inspectors general, if 
     applicable.

     SEC. 606. DE-ESCALATION TRAINING.

       Beginning not later than 1 year after the date of enactment 
     of this Act, the Director of the Bureau of Prisons shall 
     incorporate into training programs provided to officers and 
     employees of the Bureau of Prisons (including officers and 
     employees of an organization with which the Bureau of Prisons 
     has a contract to provide services relating to imprisonment) 
     specialized and comprehensive training in procedures to--
       (1) de-escalate encounters between a law enforcement 
     officer or an officer or employee of the Bureau of Prisons, 
     and a civilian or a prisoner (as such term is defined in 
     section 3635 of title 18, United States Code, as added by 
     section 101(a) of this Act); and
       (2) identify and appropriately respond to incidents that 
     involve the unique needs of individuals who have a mental 
     illness or cognitive deficit.

     SEC. 607. EVIDENCE-BASED TREATMENT FOR OPIOID AND HEROIN 
                   ABUSE.

       (a) Report on Evidence-based Treatment for Opioid and 
     Heroin Abuse.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Bureau of Prisons 
     shall submit to the Committees on the Judiciary and the 
     Committees on Appropriations of the Senate and of the House 
     of Representatives a report assessing the availability of and 
     the capacity of the Bureau of Prisons to treat heroin and 
     opioid abuse through evidence-based programs, including 
     medication-assisted treatment where appropriate. In preparing 
     the report, the Director shall consider medication-assisted 
     treatment as a strategy to assist in treatment where 
     appropriate and not as a replacement for holistic and other 
     drug-free approaches. The report shall include a description 
     of plans to expand access to evidence-based treatment for 
     heroin and opioid abuse for prisoners, including access to 
     medication-assisted treatment in appropriate cases. Following 
     submission, the Director shall take steps to implement these 
     plans.
       (b) Report on the Availability of Medication-Assisted 
     Treatment for Opioid and Heroin Abuse, and Implementation 
     Thereof.--Not later than 120 days after the date of enactment 
     of this Act, the Director of the Administrative Office of the 
     United States Courts shall submit to the Committees on the 
     Judiciary and the Committees on Appropriations of the Senate 
     and of the House of Representatives a report assessing the 
     availability of and capacity for the provision of medication-
     assisted treatment for opioid and heroin abuse by treatment 
     service providers serving prisoners who are serving a term of 
     supervised release, and including a description of plans to 
     expand access to medication-assisted treatment for heroin and 
     opioid abuse whenever appropriate among prisoners under 
     supervised release. Following submission, the Director will 
     take steps to implement these plans.

     SEC. 608. PILOT PROGRAMS.

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

     SEC. 609. ENSURING SUPERVISION OF RELEASED SEXUALLY DANGEROUS 
                   PERSONS.

       (a) Probation Officers.--Section 3603 of title 18, United 
     States Code, is amended in paragraph (8)(A) by striking ``or 
     4246'' and inserting ``, 4246, or 4248''.
       (b) Pretrial Services Officers.--Section 3154 of title 18, 
     United States Code, is amended in paragraph (12)(A) by 
     striking ``or 4246'' and inserting ``, 4246, or 4248''.

     SEC. 610. DATA COLLECTION.

       (a) National Prisoner Statistics Program.--Beginning not 
     later than 1 year after the date of enactment of this Act, 
     and annually thereafter, pursuant to the authority under 
     section 302 of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3732), the Director of the Bureau of 
     Justice Statistics, with information that shall be provided 
     by the Director of the Bureau of Prisons, shall include in 
     the National Prisoner Statistics Program the following:
       (1) The number of prisoners (as such term is defined in 
     section 3635 of title 18, United States Code, as added by 
     section 101(a) of this Act) who are veterans of the Armed 
     Forces of the United States.
       (2) The number of prisoners who have been placed in 
     solitary confinement at any time during the previous year.
       (3) The number of female prisoners known by the Bureau of 
     Prisons to be pregnant, as well as the outcomes of such 
     pregnancies, including information on pregnancies that result 
     in live birth, stillbirth, miscarriage, abortion, ectopic 
     pregnancy, maternal death, neonatal death, and preterm birth.
       (4) The number of prisoners who volunteered to participate 
     in a substance abuse treatment program, and the number of 
     prisoners who have participated in such a program.
       (5) The number of prisoners provided medication-assisted 
     treatment with medication approved by the Food and Drug 
     Administration while in custody in order to treat substance 
     use disorder.
       (6) The number of prisoners who were receiving medication-
     assisted treatment with medication approved by the Food and 
     Drug Administration prior to the commencement of their term 
     of imprisonment.
       (7) The number of prisoners who are the parent or guardian 
     of a minor child.
       (8) The number of prisoners who are single, married, or 
     otherwise in a committed relationship.
       (9) The number of prisoners who have not achieved a GED, 
     high school diploma, or equivalent prior to entering prison.
       (10) The number of prisoners who, during the previous year, 
     received their GED or other equivalent certificate while 
     incarcerated.
       (11) The numbers of prisoners for whom English is a second 
     language.
       (12) The number of incidents, during the previous year, in 
     which restraints were used on a female prisoner during 
     pregnancy, labor, or postpartum recovery, as well as 
     information relating to the type of restraints used, and the 
     circumstances under which each incident occurred.
       (13) The vacancy rate for medical and healthcare staff 
     positions, and average length of such a vacancy.
       (14) The number of facilities that operated, at any time 
     during the previous year, without at least 1 clinical nurse, 
     certified paramedic, or licensed physician on site.
       (15) The number of facilities that during the previous year 
     were accredited by the American Correctional Association.
       (16) The number and type of recidivism reduction 
     partnerships described in section 3621(h)(5) of title 18, 
     United States Code, as added by section 102(a) of this Act, 
     entered into by each facility.
       (17) The number of facilities with remote learning 
     capabilities.
       (18) The number of facilities that offer prisoners video 
     conferencing.
       (19) Any changes in costs related to legal phone calls and 
     visits following implementation of section 3632(d)(1) of 
     title 18, United States Code, as added by section 101(a) of 
     this Act.
       (20) The number of aliens in prison during the previous 
     year.
       (21) For each Bureau of Prisons facility, the total number 
     of violations that resulted in reductions in rewards, 
     incentives, or time credits, the number of such violations 
     for each category of violation, and the demographic breakdown 
     of the prisoners who have received such reductions.
       (22) The number of assaults on Bureau of Prisons staff by 
     prisoners and the number of criminal prosecutions of 
     prisoners for assaulting Bureau of Prisons staff.

[[Page S7615]]

       (23) The capacity of each recidivism reduction program and 
     productive activity to accommodate eligible inmates at each 
     Bureau of Prisons facility.
       (24) The number of volunteers who were certified to 
     volunteer in a Bureau of Prisons facility, broken down by 
     level (level I and level II), and by each Bureau of Prisons 
     facility.
       (25) The number of prisoners enrolled in recidivism 
     reduction programs and productive activities at each Bureau 
     of Prisons facility, broken down by risk level and by 
     program, and the number of those enrolled prisoners who 
     successfully completed each program.
       (26) The breakdown of prisoners classified at each risk 
     level by demographic characteristics, including age, sex, 
     race, and the length of the sentence imposed.
       (b) Report to Judiciary Committees.--Beginning not later 
     than 1 year after the date of enactment of this Act, and 
     annually thereafter for a period of 7 years, the Director of 
     the Bureau of Justice Statistics shall submit a report 
     containing the information described in paragraphs (1) 
     through (26) of subsection (a) to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives.

     SEC. 611. HEALTHCARE PRODUCTS.

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

     SEC. 612. ADULT AND JUVENILE COLLABORATION PROGRAMS.

       Section 2991 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10651) is amended--
       (1) in subsection (b)(4)--
       (A) by striking subparagraph (D); and
       (B) by redesignating subparagraph (E) as subparagraph (D);
       (2) in subsection (e), by striking ``may use up to 3 
     percent'' and inserting ``shall use not less than 6 
     percent''; and
       (3) by amending subsection (g) to read as follows:
       ``(g) Collaboration Set-aside.--The Attorney General shall 
     use not less than 8 percent of funds appropriated to provide 
     technical assistance to State and local governments receiving 
     grants under this part to foster collaboration between such 
     governments in furtherance of the purposes set forth in 
     section 3 of the Mentally Ill Offender Treatment and Crime 
     Reduction Act of 2004 (34 U.S.C. 10651 note).''.

     SEC. 613. JUVENILE SOLITARY CONFINEMENT.

       (a) In General.--Chapter 403 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 5043. Juvenile solitary confinement

       ``(a) Definitions.--In this section--
       ``(1) the term `covered juvenile' means--
       ``(A) a juvenile who--
       ``(i) is being proceeded against under this chapter for an 
     alleged act of juvenile delinquency; or
       ``(ii) has been adjudicated delinquent under this chapter; 
     or
       ``(B) a juvenile who is being proceeded against as an adult 
     in a district court of the United States for an alleged 
     criminal offense;
       ``(2) the term `juvenile facility' means any facility where 
     covered juveniles are--
       ``(A) committed pursuant to an adjudication of delinquency 
     under this chapter; or
       ``(B) detained prior to disposition or conviction; and
       ``(3) the term `room confinement' means the involuntary 
     placement of a covered juvenile alone in a cell, room, or 
     other area for any reason.
       ``(b) Prohibition on Room Confinement in Juvenile 
     Facilities.--
       ``(1) In general.--The use of room confinement at a 
     juvenile facility for discipline, punishment, retaliation, or 
     any reason other than as a temporary response to a covered 
     juvenile's behavior that poses a serious and immediate risk 
     of physical harm to any individual, including the covered 
     juvenile, is prohibited.
       ``(2) Juveniles posing risk of harm.--
       ``(A) Requirement to use least restrictive techniques.--
       ``(i) In general.--Before a staff member of a juvenile 
     facility places a covered juvenile in room confinement, the 
     staff member shall attempt to use less restrictive 
     techniques, including--

       ``(I) talking with the covered juvenile in an attempt to 
     de-escalate the situation; and
       ``(II) permitting a qualified mental health professional to 
     talk to the covered juvenile.

       ``(ii) Explanation.--If, after attempting to use less 
     restrictive techniques as required under clause (i), a staff 
     member of a juvenile facility decides to place a covered 
     juvenile in room confinement, the staff member shall first--

       ``(I) explain to the covered juvenile the reasons for the 
     room confinement; and
       ``(II) inform the covered juvenile that release from room 
     confinement will occur--

       ``(aa) immediately when the covered juvenile regains self-
     control, as described in subparagraph (B)(i); or
       ``(bb) not later than after the expiration of the time 
     period described in subclause (I) or (II) of subparagraph 
     (B)(ii), as applicable.
       ``(B) Maximum period of confinement.--If a covered juvenile 
     is placed in room confinement because the covered juvenile 
     poses a serious and immediate risk of physical harm to 
     himself or herself, or to others, the covered juvenile shall 
     be released--
       ``(i) immediately when the covered juvenile has 
     sufficiently gained control so as to no longer engage in 
     behavior that threatens serious and immediate risk of 
     physical harm to himself or herself, or to others; or
       ``(ii) if a covered juvenile does not sufficiently gain 
     control as described in clause (i), not later than--

       ``(I) 3 hours after being placed in room confinement, in 
     the case of a covered juvenile who poses a serious and 
     immediate risk of physical harm to others; or
       ``(II) 30 minutes after being placed in room confinement, 
     in the case of a covered juvenile who poses a serious and 
     immediate risk of physical harm only to himself or herself.

       ``(C) Risk of harm after maximum period of confinement.--
     If, after the applicable maximum period of confinement under 
     subclause (I) or (II) of subparagraph (B)(ii) has expired, a 
     covered juvenile continues to pose a serious and immediate 
     risk of physical harm described in that subclause--
       ``(i) the covered juvenile shall be transferred to another 
     juvenile facility or internal location where services can be 
     provided to the covered juvenile without relying on room 
     confinement; or
       ``(ii) if a qualified mental health professional believes 
     the level of crisis service needed is not currently 
     available, a staff member of the juvenile facility shall 
     initiate a referral to a location that can meet the needs of 
     the covered juvenile.
       ``(D) Spirit and purpose.--The use of consecutive periods 
     of room confinement to evade the spirit and purpose of this 
     subsection shall be prohibited.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 403 of title 18, United States Code, is 
     amended by adding at the end the following:

``5043. Juvenile solitary confinement.''.

                                 ______
                                 
  SA 4109. Mr. McConnell (for Mr. Kennedy (for himself and Mr. Cotton)) 
proposed an amendment to amendment SA 4108 proposed by Mr. McConnell 
(for Mr. Grassley) to the bill S. 756, to reauthorize and amend the 
Marine Debris Act to promote international action to reduce marine 
debris, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Redesignate section 3635 of title 18, United States Code, 
     as added by section 101(a) of this Act, as section 3636.
       After section 3634 of title 18, United States Code, as 
     added by section 101(a) of this Act, insert the following:

     ``SEC. 3635. NOTIFICATION.

       ``The Director of the Bureau of Prisons shall--
       ``(1) notify each victim of the offense for which the 
     prisoner is imprisoned the date on which the prisoner will be 
     released or if no victim can be notified due to death or 
     injury, next of kin of a victim; and
       ``(2) make publicly available the rearrest data of each 
     prisoner, the offense for which the prisoner is imprisoned, 
     and any prior offense for which the prisoner was imprisoned, 
     broken down by State, of any prisoner in prerelease custody 
     or supervised release under section 3624.''.
       In section 3624(g)(1) of title 18, as added by section 
     102(b)(1)(B) of this Act, add at the beginning of 
     subparagraph (B) the following:
       ``(B) has been certified by the warden that the prisoner 
     has been determined by the warden to have the programmatic, 
     security, and reentry needs of the prisoner best met by being 
     placed in prerelease custody or supervised release, after the 
     warden--
       ``(i) has notified each victim of the offense for which the 
     prisoner is imprisoned of such potential placement (or, if no 
     victim can be notified due to death or injury, the next of 
     kin of a victim); and
       ``(ii) has reviewed any statement regarding such placement 
     made by the victim or next of kin of the victim, as 
     applicable, after the notification described in clause (i); 
     and
       In section 3632(d)(4)(D) of title 18, United States Code, 
     as added by section 101 of this Act, add at the end the 
     following:
       ``(lxiii) Section 2422, relating to coercion and 
     enticement.
       ``(lxiv) Section 249, relating to hate crimes.
       ``(lxv) Section 752, relating to instigating or aiding 
     escape from Federal custody.
       ``(lxvi) Subsection (a) or (d) of section 2113, relating to 
     bank robbery involving violence or risk of death.
       ``(lxvii) Section 2119(1), relating to taking a motor 
     vehicle (commonly referred to as `carjacking').
       ``(lxviii) Section 111(a), relating to assaulting, 
     resisting, or impeding certain officers or employees.
       ``(lxix) Any of paragraphs (2) through (6) of section 
     113(a), relating to assault with intent to commit any felony 
     (except murder or a violation of section 2241 or 2242), 
     assault with a dangerous weapon, assault by striking, 
     beating, or wounding, assault against a child, or assault 
     resulting in serious bodily injury.
       ``(lxx) Any offense described in section 111(5) of the Sex 
     Offender Registration and Notification Act (34 U.S.C. 
     20911(5)) that is

[[Page S7616]]

     not otherwise listed in this subsection, relating to sex 
     offenses, for which the offender is sentenced to a term of 
     imprisonment of more than 1 year.
       ``(lxxi) Any offense that is not otherwise listed in this 
     subsection for which the offender is sentenced to a term of 
     imprisonment of more than 1 year, and--

       ``(I) has as an element the use, attempted use, or 
     threatened use of physical force against the person or 
     property of another, or
       ``(II) that, based on the facts of the offense, involved a 
     substantial risk that physical force against the person or 
     property of another may have been used in the course of 
     committing the offense.

                                 ______
                                 
  SA 4110. Mr. LANKFORD (for himself and Mr. Inhofe) proposed an 
amendment to the bill H.R. 2606, to amend the Act of August 4, 1947 
(commonly known as the Stigler Act), with respect to restrictions 
applicable to Indians of the Five Civilized Tribes of Oklahoma, and for 
other purposes; as follows:

       On page 3, line 9, strike ``, as of said date,'' and insert 
     ``, as of the date of enactment of the Stigler Act Amendments 
     of 2018,''.
       At the end of the bill, add the following:

     SEC. 5. RULE OF CONSTRUCTION PROVIDING FOR NO RETROACTIVITY.

       Nothing in this Act, or the amendments made by this Act, 
     shall be construed to revise or extend the restricted status 
     of any lands under the Act of August 4, 1947 (61 Stat. 731, 
     chapter 458) that lost restricted status under such Act 
     before the date of enactment of this Act.
                                 ______
                                 
  SA 4111. Mr. McConnell (for Mr. Schatz) proposed an amendment to the 
bill S. 3461, to amend the PROTECT Act to expand the national AMBER 
Alert system to territories of the United States, and for other 
purposes; as follows:

       On page 9, strike line 22 and all that follows through page 
     10, line 16.
                                 ______
                                 
  SA 4112. Mr. McConnell (for Mr. Barrasso) proposed an amendment to 
the bill S. 2827, to amend the Morris K. Udall and Stewart L. Udall 
Foundation Act; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. FINDINGS.

       Congress finds the following:
       (1) Since 1999, the Morris K. Udall and Stewart L. Udall 
     Foundation (referred to in this Act as the ``Foundation'') 
     has operated the Parks in Focus program to provide 
     opportunities for the youth of the United States to learn 
     about and experience the Nation's parks and wilderness, and 
     other outdoor areas.
       (2) Since 2001, the Foundation has conducted research and 
     provided education and training to Native American and Alaska 
     Native professionals and leaders on Native American and 
     Alaska Native health care issues and tribal public policy 
     through the Native Nations Institute for Leadership, 
     Management, and Policy.
       (3) The Foundation is committed to continuing to make a 
     substantial contribution toward public policy in the future 
     by--
       (A) playing a significant role in developing the next 
     generation of environmental, public health, public lands, 
     natural resource, and Native American leaders; and
       (B) working with current leaders to improve collaboration 
     and decision-making on challenging environmental, energy, 
     public health, and related economic problems and tribal 
     governance and economic development issues.

     SEC. 2. DEFINITIONS.

       (a) In General.--Section 4 of the Morris K. Udall and 
     Stewart L. Udall Foundation Act (20 U.S.C. 5602) is amended--
       (1) in paragraph (2), by striking ``the Udall Center for 
     Studies in Public Policy established at the University of 
     Arizona in 1987'' and inserting ``the Udall Center for 
     Studies in Public Policy established in 1987 at the 
     University of Arizona, and includes the Native Nations 
     Institute'';
       (2) by redesignating paragraphs (3) through (7), (8), and 
     (9) as paragraphs (4) through (8), (11), and (12), 
     respectively;
       (3) by inserting after paragraph (2) the following:
       ``(3) the term `collaboration' means to work in partnership 
     with other entities for the purpose of--
       ``(A) resolving disputes;
       ``(B) addressing issues that may cause or result in 
     disputes; or
       ``(C) streamlining and enhancing Federal, State, or tribal 
     environmental and natural resource decision-making processes 
     or procedures that may result in a dispute or conflict;'';
       (4) in paragraph (7), as redesignated by paragraph (2)--
       (A) by striking ``United States Institute for Environmental 
     Conflict Resolution'' and inserting ``John S. McCain III 
     United States Institute for Environmental Conflict 
     Resolution''; and
       (B) by striking ``section 7(a)(1)(D)'' and inserting 
     ``section 7(a)(1)(B)'';
       (5) in paragraph (8), as redesignated by paragraph (2), by 
     striking ``section 1201(a)'' and inserting ``section 
     101(a)''; and
       (6) by inserting after paragraph (8), as redesignated by 
     paragraph (2), the following:
       ``(9) the term `Nation's parks and wilderness' means units 
     of the National Park System and components of the National 
     Wilderness Preservation System;
       ``(10) the term `Native Nations Institute' means the Native 
     Nations Institute for Leadership, Management, and Policy 
     established at the University of Arizona in 2001;''.
       (b) Conforming Amendment.--Section 3(5)(B) of the Morris K. 
     Udall and Stewart L. Udall Foundation Act (20 U.S.C. 
     5601(5)(B)) is amended by striking ``the United States 
     Institute for Environmental Conflict Resolution'' and 
     inserting ``the Institute''.

     SEC. 3. ESTABLISHMENT OF MORRIS K. UDALL AND STEWART L. UDALL 
                   FOUNDATION.

       Section 5(e) of the Morris K. Udall and Stewart L. Udall 
     Foundation Act (20 U.S.C. 5603(e)) is amended by striking 
     ``Arizona.'' and inserting ``Arizona and the District of 
     Columbia.''.

     SEC. 4. PURPOSE OF THE FOUNDATION.

       Section 6 of the Morris K. Udall and Stewart L. Udall 
     Foundation Act (20 U.S.C. 5604) is amended--
       (1) in paragraph (4), by striking ``establish a Program for 
     Environmental Policy Research and Environmental Conflict 
     Resolution and Training at the Center'' and inserting 
     ``establish a program for environmental policy research at 
     the Center and a program for environmental conflict 
     resolution and training at the John S. McCain III United 
     States Institute for Environmental Conflict Resolution'';
       (2) in paragraph (5), by inserting ``, natural resource, 
     conflict resolution,'' after ``environmental'';
       (3) in paragraph (7)--
       (A) by inserting ``at the Native Nations Institute'' after 
     ``develop resources''; and
       (B) by inserting ``providing education to and'' after 
     ``policy, by''; and
       (4) in paragraph (8)--
       (A) by inserting ``John S. McCain III'' before ``United 
     States Institute for Environmental Conflict Resolution''; and
       (B) by striking ``resolve environmental'' and inserting 
     ``resolve environmental issues, conflicts, and''.

     SEC. 5. AUTHORITY OF THE FOUNDATION.

       Section 7 of the Morris K. Udall and Stewart L. Udall 
     Foundation Act (20 U.S.C. 5605) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking subparagraphs (A) through (C) and inserting 
     the following:
       ``(A) General programming authority.--The Foundation is 
     authorized to identify and conduct, directly or by contract, 
     such programs, activities, and services as the Foundation 
     considers appropriate to carry out the purposes described in 
     section 6, which may include--
       ``(i) awarding scholarships, fellowships, internships, and 
     grants, by national competition or other method, to eligible 
     individuals, as determined by the Foundation and in 
     accordance with paragraphs (2), (3), and (4), for study in 
     fields related to the environment or Native American and 
     Alaska Native health care and tribal policy;
       ``(ii) funding the Center to carry out and manage other 
     programs, activities, and services; and
       ``(iii) other education programs that the Board determines 
     are consistent with the purposes for which the Foundation is 
     established.'';
       (ii) by redesignating subparagraph (D) as subparagraph (B); 
     and
       (iii) in subparagraph (B), as redesignated--

       (I) in the subparagraph heading, by striking ``Institute 
     for environmental conflict resolution'' and inserting ``John 
     S. McCain III United States Institute for Environmental 
     Conflict Resolution'';
       (II) in clause (i)--

       (aa) in subclause (I), by inserting ``John S. McCain III'' 
     before ``United States Institute for Environmental Conflict 
     Resolution''; and
       (bb) in subclause (II)--
       (AA) by inserting ``collaboration,'' after ``mediation,''; 
     and
       (BB) by striking ``to resolve environmental disputes.'' and 
     inserting the following: ``to resolve--
       ``(aa) environmental disputes; and
       ``(bb) Federal, State, or tribal environmental or natural 
     resource decision-making processes or procedures that may 
     result in a dispute or conflict that may cause or result in 
     disputes.''; and

       (III) in clause (ii), by inserting ``collaboration,'' after 
     ``mediation,'';

       (B) by striking paragraph (5);
       (C) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively;
       (D) by inserting after paragraph (4) the following:
       ``(5) Parks in focus.--The Foundation shall--
       ``(A) identify and invite the participation of youth 
     throughout the United States to enjoy the Nation's parks and 
     wilderness and other outdoor areas, in an education program 
     intended to carry out the purpose of paragraphs (1) and (2) 
     of section 6; and
       ``(B) provide training and education programs and 
     activities to teach Federal employees, natural resource 
     professionals, elementary and secondary school educators, and 
     others to work with youth to promote the use and enjoyment of 
     the Nation's parks and wilderness and other outdoor areas.
       ``(6) Specific programs.--The Foundation shall assist in 
     the development and implementation of programs at the 
     Center--

[[Page S7617]]

       ``(A) to provide for an annual meeting of experts to 
     discuss contemporary environmental issues;
       ``(B) to conduct environmental policy research; and
       ``(C) to promote dialogue with visiting policymakers on 
     environmental, natural resource, and public lands issues.'';
       (E) in paragraph (7), as redesignated by subparagraph (C), 
     by striking ``Morris K. Udall's papers'' and inserting ``the 
     papers of Morris K. Udall and Stewart L. Udall''; and
       (F) by adding at the end the following:
       ``(9) Native nations institute.--The Foundation shall 
     provide direct or indirect assistance to the Native Nations 
     Institute from the annual appropriations to the Trust Fund in 
     such amounts as Congress may direct to conduct research and 
     provide education and training to Native American and Alaska 
     Native professionals and leaders on Native American and 
     Alaska Native health care issues and tribal public policy 
     issues as provided in section 6(7).'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Program Priorities.--
       ``(1) In general.--The Foundation shall determine the 
     priority of the programs to be carried out under this Act and 
     the amount of funds to be allocated for such programs from 
     the funds earned annually from the interest derived from the 
     investment of the Trust Fund, subject to paragraph (2).
       ``(2) Limitations.--In determining the amount of funds to 
     be allocated for programs carried out under this Act for a 
     year--
       ``(A) not less than 50 percent of such annual interest 
     earnings shall be utilized for the programs set forth in 
     paragraphs (2), (3), (4), and (5) of subsection (a);
       ``(B) not more than 17.5 percent of such annual interest 
     earnings shall be allocated for salaries and other 
     administrative purposes; and
       ``(C) not less than 20 percent of such annual interest 
     earnings shall be appropriated to the Center for activities 
     under paragraphs (7) and (8) of subsection (a).''; and
       (3) by adding at the end the following:
       ``(d) Donations.--Any funds received by the Foundation in 
     the form of donations or grants, as well as any unexpended 
     earnings on interest from the Trust Fund that is carried 
     forward from prior years--
       ``(1) shall not be included in the calculation of the funds 
     available for allocations pursuant to subsection (c); and
       ``(2) shall be available to carry out the provisions of 
     this Act as the Board determines to be necessary and 
     appropriate.''.

     SEC. 6. USE OF INSTITUTE BY FEDERAL AGENCY OR OTHER ENTITY.

       Section 11 of the Morris K. Udall and Stewart L. Udall 
     Foundation Act (20 U.S.C. 5607b) is amended--
       (1) in subsection (a)--
       (A) by inserting ``collaboration,'' after ``mediation,''; 
     and
       (B) by striking ``resources.'' and inserting ``resources, 
     or with a Federal, State, or tribal process or procedure that 
     may result in a dispute or conflict.''; and
       (2) in subsection (c)(2)(C), by inserting ``mediation, 
     collaboration, and'' after ``agree to''.

     SEC. 7. ADMINISTRATIVE PROVISIONS.

       Section 12 of the Morris K. Udall and Stewart L. Udall 
     Foundation Act (20 U.S.C. 5608) is amended--
       (1) in subsection (a)--
       (A) in paragraph (4), by striking ``accept, hold, 
     administer, and utilize gifts'' and inserting ``accept, hold, 
     solicit, administer, and utilize donations, grants, and 
     gifts''; and
       (B) in paragraph (7), by striking ``in the District of 
     Columbia or its environs'' and inserting ``in the District of 
     Columbia and Tucson, Arizona, or their environs''; and
       (2) in subsection (b), by striking ``, with the exception 
     of paragraph (4),''.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       Section 13(b) of the Morris K. Udall and Stewart L. Udall 
     Foundation Act (20 U.S.C. 5609(b)) is amended by striking 
     ``fiscal years 2004 through 2008'' and inserting ``fiscal 
     years 2019 through 2022''.

     SEC. 9. AUDIT OF THE FOUNDATION.

       Not later than 2 years after the date of enactment of this 
     Act, the Inspector General of the Department of the Interior 
     shall conduct an audit of the Morris K. Udall and Stewart L. 
     Udall Foundation.
                                 ______
                                 
  SA 4113. Mr. McCONNELL (for Mr. Johnson (for himself and Mr. Wyden)) 
proposed an amendment to the bill S. 2322, to amend the Federal Food, 
Drug, and Cosmetic Act to define the term natural cheese; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Codifying Useful Regulatory 
     Definitions Act'' or the ``CURD Act''.

     SEC. 2. FINDINGS.

       Congress finds as follows:
       (1) There is a need to define the term ``natural cheese'' 
     in order to maintain transparency and consistency for 
     consumers so that they may differentiate ``natural cheese'' 
     from ``process cheese''.
       (2) The term ``natural cheese'' has been used within the 
     cheese making industry for more than 50 years and is well-
     established.

     SEC. 3. DEFINITION OF NATURAL CHEESE.

       (a) Definition.--Section 201 of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 321) is amended by adding at the end 
     the following:
       ``(ss)(1) The term `natural cheese' means cheese that is a 
     ripened or unripened soft, semi-soft, or hard product, which 
     may be coated, that is produced--
       ``(A) by--
       ``(i) coagulating wholly or partly the protein of milk, 
     skimmed milk, partly skimmed milk, cream, whey cream, or 
     buttermilk, or any combination of such ingredients, through 
     the action of rennet or other suitable coagulating agents, 
     and by partially draining the whey resulting from the 
     coagulation, while respecting the principle that cheese-
     making results in a concentration of milk protein (in 
     particular, the casein portion), and that consequently, the 
     protein content of the cheese will be distinctly higher than 
     the protein level of the blend of the above milk materials 
     from which the cheese was made; or
       ``(ii) processing techniques involving coagulation of the 
     protein of milk or products obtained from milk to produce an 
     end-product with similar physical, chemical, and organoleptic 
     characteristics as the product described in subclause (i); 
     and
       ``(iii) including the addition of safe and suitable non-
     milk derived ingredients of the type permitted in the 
     standards of identity described in clause (B) as natural 
     cheese; or
       ``(B) in accordance with standards of identity under part 
     133 of title 21, Code of Federal Regulations (or any 
     successor regulations), other than the standards described in 
     subparagraph (2) or any future standards adopted by the 
     Secretary in accordance with subparagraph (2)(I).
       ``(2) Such term does not include--
       ``(A) pasteurized process cheeses as defined in section 
     133.169, 133.170, or 133.171 of title 21, Code of Federal 
     Regulations (or any successor regulations);
       ``(B) pasteurized process cheese foods as defined in 
     section 133.173 or 133.174 of title 21, Code of Federal 
     Regulations (or any successor regulations);
       ``(C) pasteurized cheese spreads as defined in section 
     133.175, 133.176, or 133.178 of title 21, Code of Federal 
     Regulations (or any successor regulations);
       ``(D) pasteurized process cheese spreads as defined in 
     section 133.179 or 133.180 of title 21, Code of Federal 
     Regulations (or any successor regulations);
       ``(E) pasteurized blended cheeses as defined in section 
     133.167 or 133.168 of title 21, Code of Federal Regulations 
     (or any successor regulations);
       ``(F) any products comparable to any product described in 
     any of clauses (A) through (E); or
       ``(G) cold pack cheeses as defined in section 133.123, 
     133.124, or 133.125 title 21, Code of Federal Regulations (or 
     any successor regulations)
       ``(H) grated American cheese food as defined in section 
     133.147 of title 21, Code of Federal Regulations (or any 
     successor regulations); or
       ``(I) any other product the Secretary may designate as a 
     process cheese.
       ``(3) For purposes of this paragraph, the term `milk' has 
     the meaning given such term in section 133.3 of title 21, 
     Code of Federal Regulations (or any successor regulations) 
     and includes the lacteal secretions from animals other than 
     cows.''.
       (b) Labeling.--Section 403 of the Federal Food Drug and 
     Cosmetic Act (21 U.S.C. 343) is amended by adding at the end 
     the following:
       ``(z) If its label or labeling includes the term `natural 
     cheese' as a factual descriptor of a category of cheese 
     unless the food meets the definition of natural cheese under 
     section 201(ss), except that nothing in this paragraph shall 
     prohibit the use of the term `natural' or `all-natural', or a 
     similar claim or statement with respect to a food in a manner 
     that is consistent with regulations, guidance, or policy 
     statements issued by the Secretary.''.
       (c) National Uniformity.--Section 403A(a)(2) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(2)) is 
     amended by striking ``or 403(w)'' and inserting ``403(w), or 
     403(z)''.
                                 ______
                                 
  SA 4114. Mr. McConnell (for Mr. Thune (for himself and Mr. Nelson)) 
proposed an amendment to the bill H.R. 6227, to provide for a 
coordinated Federal program to accelerate quantum research and 
development for the economic and national security of the United 
States; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Quantum Initiative Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

[[Page S7618]]

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

                  TITLE I--NATIONAL QUANTUM INITIATIVE

       Sec. 101. National Quantum Initiative Program.
       Sec. 102. National Quantum Coordination Office.
       Sec. 103. Subcommittee on Quantum Information Science.
       Sec. 104. National Quantum Initiative Advisory Committee.
       Sec. 105. Sunset.

   TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY QUANTUM 
                               ACTIVITIES

       Sec. 201. National Institute of Standards and Technology 
           activities and quantum consortium.

       TITLE III--NATIONAL SCIENCE FOUNDATION QUANTUM ACTIVITIES

       Sec. 301. Quantum information science research and 
           education program.
       Sec. 302. Multidisciplinary Centers for Quantum Research 
           and Education.

           TITLE IV--DEPARTMENT OF ENERGY QUANTUM ACTIVITIES

       Sec. 401. Quantum Information Science Research program.
       Sec. 402. National Quantum Information Science Research 
           Centers.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the National Quantum Initiative Advisory Committee 
     established under section 104(a).
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Energy and Natural Resources of the 
     Senate; and
       (C) the Committee on Science, Space, and Technology of the 
     House of Representatives.
       (3) Coordination office.--The term ``Coordination Office'' 
     means the National Quantum Coordination Office established 
     under section 102(a).
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (5) Program.--The term ``Program'' means the National 
     Quantum Initiative Program implemented under section 101(a).
       (6) Quantum information science.--The term ``quantum 
     information science'' means the use of the laws of quantum 
     physics for the storage, transmission, manipulation, 
     computing, or measurement of information.
       (7) Subcommittee.--The term ``Subcommittee'' means the 
     Subcommittee on Quantum Information Science of the National 
     Science and Technology Council established under section 
     103(a).

     SEC. 3. PURPOSES.

       The purpose of this Act is to ensure the continued 
     leadership of the United States in quantum information 
     science and its technology applications by--
       (1) supporting research, development, demonstration, and 
     application of quantum information science and technology--
       (A) to expand the number of researchers, educators, and 
     students with training in quantum information science and 
     technology to develop a workforce pipeline;
       (B) to promote the development and inclusion of 
     multidisciplinary curriculum and research opportunities for 
     quantum information science at the undergraduate, graduate, 
     and postdoctoral level;
       (C) to address basic research knowledge gaps, including 
     computational research gaps;
       (D) to promote the further development of facilities and 
     centers available for quantum information science and 
     technology research, testing and education; and
       (E) to stimulate research on and promote more rapid 
     development of quantum-based technologies;
       (2) improving the interagency planning and coordination of 
     Federal research and development of quantum information 
     science and technology;
       (3) maximizing the effectiveness of the Federal 
     Government's quantum information science and technology 
     research , development, and demonstration programs;
       (4) promoting collaboration among the Federal Government, 
     Federal laboratories, industry, and universities; and
       (5) promoting the development of international standards 
     for quantum information science and technology security--
       (A) to facilitate technology innovation and private sector 
     commercialization; and
       (B) to meet economic and national security goals.

                  TITLE I--NATIONAL QUANTUM INITIATIVE

     SEC. 101. NATIONAL QUANTUM INITIATIVE PROGRAM.

       (a) In General.--The President shall implement a National 
     Quantum Initiative Program.
       (b) Requirements.--In carrying out the Program, the 
     President, acting through Federal agencies, councils, working 
     groups, subcommittees, and the Coordination Office, as the 
     President considers appropriate, shall--
       (1) establish the goals, priorities, and metrics for a 10-
     year plan to accelerate development of quantum information 
     science and technology applications in the United States;
       (2) invest in fundamental Federal quantum information 
     science and technology research, development, demonstration, 
     and other activities to achieve the goals established under 
     paragraph (1);
       (3) invest in activities to develop a quantum information 
     science and technology workforce pipeline;
       (4) provide for interagency planning and coordination of 
     Federal quantum information science and technology research, 
     development, demonstration, standards engagement, and other 
     activities under the Program;
       (5) partner with industry and universities to leverage 
     knowledge and resources; and
       (6) leverage existing Federal investments efficiently to 
     advance Program goals and priorities established under 
     paragraph (1).

     SEC. 102. NATIONAL QUANTUM COORDINATION OFFICE.

       (a) Establishment.--
       (1) In general.--The President shall establish a National 
     Quantum Coordination Office.
       (2) Administration.--The Coordination Office shall have--
       (A) a Director appointed by the Director of the Office of 
     Science and Technology Policy, in consultation with the 
     Secretary of Commerce, the Director of the National Science 
     Foundation, and the Secretary of Energy; and
       (B) staff comprised of employees detailed from the Federal 
     departments and agencies described in section 103(b).
       (b) Responsibilities.--The Coordination Office shall--
       (1) provide technical and administrative support to--
       (A) the Subcommittee; and
       (B) the Advisory Committee;
       (2) oversee interagency coordination of the Program, 
     including by encouraging and supporting joint agency 
     solicitation and selection of applications for funding of 
     activities under the Program;
       (3) serve as the point of contact on Federal civilian 
     quantum information science and technology activities for 
     Federal departments and agencies, industry, universities 
     professional societies, State governments, and such other 
     persons as the Coordination Office considers appropriate to 
     exchange technical and programmatic information;
       (4) ensure coordination among the collaborative ventures or 
     consortia established under section 201(a), Multidisciplinary 
     Centers for Quantum Research and Education established under 
     section 302(a), and the National Quantum Information Science 
     Research Centers established under section 402(a);
       (5) conduct public outreach, including the dissemination of 
     findings and recommendations of the Advisory Committee, as 
     appropriate;
       (6) promote access to and early application of the 
     technologies, innovations, and expertise derived from Program 
     activities to agency missions and systems across the Federal 
     Government, and to industry, including startup companies; and
       (7) promote access, through appropriate Federal Government 
     agencies, and an open and competitive merit-reviewed process, 
     to existing quantum computing and communication systems 
     developed by industry, universities, and Federal laboratories 
     to the general user community in pursuit of discovery of the 
     new applications of such systems.
       (c) Funding.--Funds necessary to carry out the activities 
     of the Coordination Office shall be made available each 
     fiscal year by the Federal departments and agencies described 
     in section 103(b), as determined by the Director of the 
     Office of Science and Technology Policy.

     SEC. 103. SUBCOMMITTEE ON QUANTUM INFORMATION SCIENCE.

       (a) Establishment.--The President shall establish, through 
     the National Science and Technology Council, the Subcommittee 
     on Quantum Information Science.
       (b) Membership.--The Subcommittee shall include a 
     representative of--
       (1) the National Institute of Standards and Technology;
       (2) the National Science Foundation;
       (3) the Department of Energy;
       (4) the National Aeronautics and Space Administration;
       (5) the Department of Defense;
       (6) the Office of the Director of National Intelligence;
       (7) the Office of Management and Budget;
       (8) the Office of Science and Technology Policy; and
       (9) such other Federal department or agency as the 
     President considers appropriate.
       (c) Chairpersons.--The Subcommittee shall be jointly 
     chaired by the Director of the National Institute of 
     Standards and Technology, the Director of the National 
     Science Foundation, and the Secretary of Energy.
       (d) Responsibilities.--The Subcommittee shall--
       (1) coordinate the quantum information science and 
     technology research, information sharing about international 
     standards development and use, and education activities and 
     programs of the Federal agencies;
       (2) establish goals and priorities of the Program, based on 
     identified knowledge and workforce gaps and other national 
     needs;
       (3) assess and recommend Federal infrastructure needs to 
     support the Program;
       (4) assess the status, development, and diversity of the 
     United States quantum information science workforce;

[[Page S7619]]

       (5) assess the global outlook for quantum information 
     science research and development efforts;
       (6) evaluate opportunities for international cooperation 
     with strategic allies on research and development in quantum 
     information science and technology; and
       (7) propose a coordinated interagency budget for the 
     Program to the Office of Management and Budget to ensure the 
     maintenance of a balanced quantum information science 
     research portfolio and an appropriate level of research 
     effort.
       (e) Strategic Plans.--In order to guide the activities of 
     the Program and meet the goals, priorities, and anticipated 
     outcomes of the Federal departments and agencies described in 
     subsection (b), the Subcommittee shall--
       (1) not later than 1 year after the date of enactment of 
     this Act, develop a 5-year strategic plan;
       (2) not later than 6 years after the date of enactment of 
     this Act, develop a subsequent 5-year strategic plan; and
       (3) periodically update each plan, as necessary.
       (f) Submittal to Congress.--The chairpersons of the 
     Subcommittee shall submit to the President, the Advisory 
     Committee, and the appropriate committees of Congress each 
     strategic plan developed under subsection (e) and any updates 
     thereto.
       (g) Annual Program Budget Report.--
       (1) In general.--Each year, concurrent with the annual 
     budget request submitted by the President to Congress under 
     section 1105 of title 31, United States Code, the 
     chairpersons of the Subcommittee shall submit to the 
     appropriate committees of Congress and such other committees 
     of Congress as the chairpersons deem appropriate a report on 
     the budget for the Program.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) The budget of the Program for the current fiscal year, 
     for each Federal department and agency described in 
     subsection (b).
       (B) The budget proposed for the Program for the next fiscal 
     year, for each Federal department and agency described in 
     subsection (b).
       (C) An analysis of the progress made toward achieving the 
     goals and priorities established under subsection (d)(2).

     SEC. 104. NATIONAL QUANTUM INITIATIVE ADVISORY COMMITTEE.

       (a) In General.--The President shall establish a National 
     Quantum Initiative Advisory Committee.
       (b) Qualifications.--The Advisory Committee shall consist 
     of members, appointed by the President, who are 
     representative of industry, universities, and Federal 
     laboratories and are qualified to provide advice and 
     information on quantum information science and technology 
     research, development, demonstrations, standards, education, 
     technology transfer, commercial application, or national 
     security and economic concerns.
       (c) Membership Consideration.--In selecting the members of 
     the Advisory Committee, the President may seek and give 
     consideration to recommendations from the Congress, industry, 
     the scientific community (including the National Academy of 
     Sciences, scientific professional societies, and 
     universities), the defense community, and other appropriate 
     organizations.
       (d) Duties.--
       (1) In general.--The Advisory Committee shall advise the 
     President and the Subcommittee and make recommendations for 
     the President to consider when reviewing and revising the 
     Program.
       (2) Independent assessments.--The Advisory Committee shall 
     conduct periodic, independent assessments of--
       (A) any trends or developments in quantum information 
     science and technology;
       (B) the progress made in implementing the Program;
       (C) the management, coordination, implementation, and 
     activities of the Program;
       (D) whether the Program activities and the goals and 
     priorities established under section 103(d)(2) are helping to 
     maintain United States leadership in quantum information 
     science and technology;
       (E) whether a need exists to revise the Program;
       (F) whether opportunities exist for international 
     cooperation with strategic allies on research and development 
     in, and the development of open standards for, quantum 
     information science and technology; and
       (G) whether national security, societal, economic, legal, 
     and workforce concerns are adequately addressed by the 
     Program.
       (e) Reports.--Not later than 180 days after the date of 
     enactment of this Act, and at least biennially thereafter, 
     the Advisory Committee shall submit to the President, the 
     appropriate committees of Congress, and such other committees 
     of Congress as the Advisory Committee deems appropriate a 
     report on the findings of the independent assessment under 
     subsection (d), including any recommendations for 
     improvements to the Program.
       (f) Travel Expenses of Non-Federal Members.--Non-Federal 
     members of the Advisory Committee, while attending meetings 
     of the Advisory Committee or while otherwise serving at the 
     request of the head of the Advisory Committee away from their 
     homes or regular places of business, may be allowed travel 
     expenses, including per diem in lieu of subsistence, as 
     authorized by section 5703 of title 5, United States Code, 
     for individuals in the Government serving without pay. 
     Nothing in this subsection shall be construed to prohibit 
     members of the Advisory Committee who are officers or 
     employees of the United States from being allowed travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with existing law.
       (g) FACA Exemption.--The Advisory Committee shall be exempt 
     from section 14 of the Federal Advisory Committee Act (5 
     U.S.C. App.).

     SEC. 105. SUNSET.

       (a) In General.--Except as provided in subsection (b), the 
     authority to carry out sections 101, 102, 103, and 104 shall 
     terminate on the date that is 11 years after the date of 
     enactment of this Act.
       (b) Extension.--The President may continue the activities 
     under such sections if the President determines that such 
     activities are necessary to meet national economic or 
     national security needs.

   TITLE II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY QUANTUM 
                               ACTIVITIES

     SEC. 201. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
                   ACTIVITIES AND QUANTUM CONSORTIUM.

       (a) National Institute of Standards and Technology 
     Activities.--As part of the Program, the Director of the 
     National Institute of Standards and Technology--
       (1) shall continue to support and expand basic and applied 
     quantum information science and technology research and 
     development of measurement and standards infrastructure 
     necessary to advance commercial development of quantum 
     applications;
       (2) shall use the existing programs of the National 
     Institute of Standards and Technology, in collaboration with 
     other Federal departments and agencies, as appropriate, to 
     train scientists in quantum information science and 
     technology to increase participation in the quantum fields;
       (3) shall establish or expand collaborative ventures or 
     consortia with other public or private sector entities, 
     including industry, universities, and Federal laboratories 
     for the purpose of advancing the field of quantum information 
     science and engineering; and
       (4) may enter into and perform such contracts, including 
     cooperative research and development arrangements and grants 
     and cooperative agreements or other transactions, as may be 
     necessary in the conduct of the work of the National 
     Institute of Standards and Technology and on such terms as 
     the Director considers appropriate, in furtherance of the 
     purposes of this Act.
       (b) Quantum Consortium.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the National Institute 
     of Standards and Technology shall convene a consortium of 
     stakeholders to identify the future measurement, standards, 
     cybersecurity, and other appropriate needs for supporting the 
     development of a robust quantum information science and 
     technology industry in the United States.
       (2) Goals.--The goals of the consortium shall be--
       (A) to assess the current research on the needs identified 
     in paragraph (1);
       (B) to identify any gaps in the research necessary to meet 
     the needs identified in paragraph (1); and
       (C) to provide recommendations on how the National 
     Institute of Standards and Technology and the Program can 
     address the gaps in the necessary research identified in 
     subparagraph (B).
       (3) Report to congress.--Not later than 2 years after the 
     date of enactment of this Act, the Director of the National 
     Institute of Standards and Technology shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives a report summarizing the 
     findings of the consortium.
       (c) Funding.--The Director of the National Institute of 
     Standards and Technology shall allocate up to $80,000,000 to 
     carry out the activities under this section for each of 
     fiscal years 2019 through 2023, subject to the availability 
     of appropriations. Amounts made available to carry out this 
     section shall be derived from amounts appropriated or 
     otherwise made available to the National Institute of 
     Standards and Technology.

       TITLE III--NATIONAL SCIENCE FOUNDATION QUANTUM ACTIVITIES

     SEC. 301. QUANTUM INFORMATION SCIENCE RESEARCH AND EDUCATION 
                   PROGRAM.

       (a) In General.--The Director of the National Science 
     Foundation shall carry out a basic research and education 
     program on quantum information science and engineering, 
     including the competitive award of grants to institutions of 
     higher education or eligible nonprofit organizations (or 
     consortia thereof).
       (b) Program Components.--
       (1) In general.--In carrying out the program under 
     subsection (a), the Director of the National Science 
     Foundation shall carry out activities that--
       (A) support basic interdisciplinary quantum information 
     science and engineering research; and
       (B) support human resources development in all aspects of 
     quantum information science and engineering.
       (2) Requirements.--The activities described in paragraph 
     (1) shall include--
       (A) using the existing programs of the National Science 
     Foundation, in collaboration with other Federal departments 
     and agencies, as appropriate--

[[Page S7620]]

       (i) to improve the teaching and learning of quantum 
     information science and engineering at the undergraduate, 
     graduate, and postgraduate levels; and
       (ii) to increase participation in the quantum fields, 
     including by individuals identified in sections 33 and 34 of 
     the Science and Engineering Equal Opportunities Act (42 
     U.S.C. 1885a, 1885b);
       (B) formulating goals for quantum information science and 
     engineering research and education activities to be supported 
     by the National Science Foundation;
       (C) leveraging the collective body of knowledge from 
     existing quantum information science and engineering research 
     and education activities;
       (D) coordinating research efforts funded through existing 
     programs across the directorates of the National Science 
     Foundation; and
       (E) engaging with other Federal departments and agencies, 
     research communities, and potential users of information 
     produced under this section.
       (c) Graduate Traineeships.--The Director of the National 
     Science Foundation may establish a program to provide 
     traineeships to graduate students at institutions of higher 
     education within the United States who are citizens of the 
     United States and who choose to pursue masters or doctoral 
     degrees in quantum information science.

     SEC. 302. MULTIDISCIPLINARY CENTERS FOR QUANTUM RESEARCH AND 
                   EDUCATION.

       (a) In General.--The Director of the National Science 
     Foundation, in consultation with other Federal departments 
     and agencies, as appropriate, shall award grants to 
     institutions of higher education or eligible nonprofit 
     organizations (or consortia thereof) to establish at least 2, 
     but not more than 5, Multidisciplinary Centers for Quantum 
     Research and Education (referred to in this section as 
     ``Centers'').
       (b) Collaborations.--A collaboration receiving an award 
     under this subsection may include institutions of higher 
     education, nonprofit organizations, and private sector 
     entities.
       (c) Purpose.--The purpose of the Centers shall be to 
     conduct basic research and education activities in support of 
     the goals and priorities established under section 103(d)(2), 
     including by--
       (1) continuing to advance quantum information science and 
     engineering;
       (2) supporting curriculum and workforce development in 
     quantum information science and engineering; and
       (3) fostering innovation by bringing industry perspectives 
     to quantum research and workforce development, including by 
     leveraging industry knowledge and resources.
       (d) Requirements.--
       (1) In general.--An institution of higher education or an 
     eligible nonprofit organization (or a consortium thereof) 
     seeking funding under this section shall submit an 
     application to the Director of the National Science 
     Foundation at such time, in such manner, and containing such 
     information as the Director may require.
       (2) Applications.--Each application under paragraph (1) 
     shall include a description of--
       (A) how the Center will work with other research 
     institutions and industry partners to leverage expertise in 
     quantum science, education and curriculum development, and 
     technology transfer;
       (B) how the Center will promote active collaboration among 
     researchers in multiple disciplines involved in quantum 
     research, including physics, engineering, mathematics, 
     computer science, chemistry, and material science;
       (C) how the Center will support long-term and short-term 
     workforce development in the quantum field;
       (D) how the Center can support an innovation ecosystem to 
     work with industry to translate Center research into 
     applications; and
       (E) a long-term plan to become self-sustaining after the 
     expiration of funding under this section.
       (e) Selection and Duration.--
       (1) In general.--Each Center established under this section 
     is authorized to carry out activities for a period of 5 
     years.
       (2) Reapplication.--An awardee may reapply for additional, 
     subsequent periods of 5 years on a competitive, merit-
     reviewed basis.
       (3) Termination.--Consistent with the authorities of the 
     National Science Foundation, the Director of the National 
     Science Foundation may terminate an underperforming Center 
     for cause during the performance period.
       (f) Funding.--The Director of the National Science 
     Foundation shall allocate up to $10,000,000 for each Center 
     established under this section for each of fiscal years 2019 
     through 2023, subject to the availability of appropriations. 
     Amounts made available to carry out this section shall be 
     derived from amounts appropriated or otherwise made available 
     to the National Science Foundation.

           TITLE IV--DEPARTMENT OF ENERGY QUANTUM ACTIVITIES

     SEC. 401. QUANTUM INFORMATION SCIENCE RESEARCH PROGRAM.

       (a) In General.--The Secretary of Energy shall carry out a 
     basic research program on quantum information science.
       (b) Program Components.--In carrying out the program under 
     subsection (a), the Secretary of Energy shall--
       (1) formulate goals for quantum information science 
     research to be supported by the Department of Energy;
       (2) leverage the collective body of knowledge from existing 
     quantum information science research;
       (3) provide research experiences and training for 
     additional undergraduate and graduate students in quantum 
     information science, including in the fields of--
       (A) quantum information theory;
       (B) quantum physics;
       (C) quantum computational science;
       (D) applied mathematics and algorithm development;
       (E) quantum networking;
       (F) quantum sensing and detection; and
       (G) materials science and engineering;
       (4) coordinate research efforts funded through existing 
     programs across the Department of Energy, including--
       (A) the Nanoscale Science Research Centers;
       (B) the Energy Frontier Research Centers;
       (C) the Energy Innovation Hubs;
       (D) the National Laboratories;
       (E) the Advanced Research Projects Agency; and
       (F) the National Quantum Information Science Research 
     Centers; and
       (5) coordinate with other Federal departments and agencies, 
     research communities, and potential users of information 
     produced under this section.

     SEC. 402. NATIONAL QUANTUM INFORMATION SCIENCE RESEARCH 
                   CENTERS.

       (a) Establishment.--
       (1) In general.--The Secretary of Energy, acting through 
     the Director of the Office of Science (referred to in this 
     section as the ``Director''), shall ensure that the Office of 
     Science carries out a program, in consultation with other 
     Federal departments and agencies, as appropriate, to 
     establish and operate at least 2, but not more than 5, 
     National Quantum Information Science Research Centers 
     (referred to in this section as ``Centers'') to conduct basic 
     research to accelerate scientific breakthroughs in quantum 
     information science and technology and to support research 
     conducted under section 401.
       (2) Requirements.--
       (A) Competitive, merit-reviewed process.--The Centers shall 
     be established through a competitive, merit-reviewed process.
       (B) Applications.--An eligible applicant under this 
     subsection shall submit to the Director an application at 
     such time, in such manner, and containing such information as 
     the Director determines to be appropriate.
       (C) Eligible applicants.--The Director shall consider 
     applications from National Laboratories, institutions of 
     higher education, research centers, multi-institutional 
     collaborations, and any other entity that the Secretary of 
     Energy determines to be appropriate.
       (b) Collaborations.--A collaboration that receives an award 
     under this section may include multiple types of research 
     institutions and private sector entities.
       (c) Requirements.--To the maximum extent practicable, the 
     Centers developed, constructed, operated, or maintained under 
     this section shall serve the needs of the Department of 
     Energy, industry, the academic community, and other relevant 
     entities to create and develop processes for the purpose of 
     advancing basic research in quantum information science and 
     improving the competitiveness of the United States.
       (d) Coordination.--The Secretary of Energy shall ensure the 
     coordination, and avoid unnecessary duplication, of the 
     activities of each Center with the activities of--
       (1) other research entities of the Department of Energy, 
     including--
       (A) the Nanoscale Science Research Centers;
       (B) the Energy Frontier Research Centers;
       (C) the Energy Innovation Hubs; and
       (D) the National Laboratories;
       (2) institutions of higher education; and
       (3) industry.
       (e) Duration.--
       (1) In general.--Each Center established under this section 
     is authorized to carry out activities for a period of 5 
     years.
       (2) Reapplication.--An awardee may reapply for additional, 
     subsequent periods of 5 years. The Director shall approve or 
     disapprove of each reapplication on a competitive, merit-
     reviewed basis.
       (3) Termination.--Consistent with the authorities of the 
     Department of Energy, the Secretary of Energy may terminate 
     an underperforming Center for cause during the performance 
     period.
       (f) Funding.--The Secretary of Energy shall allocate up to 
     $25,000,000 for each Center established under this section 
     for each of fiscal years 2019 through 2023, subject to the 
     availability of appropriations. Amounts made available to 
     carry out this section shall be derived from amounts 
     appropriated or otherwise made available to the Department of 
     Energy.

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