[Congressional Record Volume 164, Number 198 (Monday, December 17, 2018)]
[Senate]
[Pages S7689-S7694]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4131. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 4108 proposed by Mr. McConnell (for Mr. Grassley) to the
bill S. 756, to reauthorize and amend the Marine Debris Act to promote
international action to reduce marine debris, and for other purposes;
which was ordered to lie on the table; as follows:
Beginning on page 12, strike line 22 and all that follows
through page 57, line 8, and insert the following:
``(i) Section 32, relating to destruction of aircraft or
aircraft facilities.
``(ii) Section 33, relating to destruction of motor
vehicles or motor vehicle facilities.
``(iii) Section 36, relating to drive-by shootings.
``(iv) Section 81, relating to arson within special
maritime and territorial jurisdiction.
``(v) Section 111(b), relating to assaulting, resisting, or
impeding certain officers or employees using a deadly or
dangerous weapon or inflicting bodily injury.
``(vi) Paragraph (1), (7), or (8) of section 113(a),
relating to assault with intent to commit murder, assault
resulting in substantial bodily injury to a spouse or
intimate partner, a dating partner, or an individual who has
not attained the age of 16 years, or assault of a spouse,
intimate partner, or dating partner by strangling,
suffocating, or attempting to strangle or suffocate.
``(vii) Section 115, relating to influencing, impeding, or
retaliating against a Federal official by injuring a family
member, except for a threat made in violation of that
section.
``(viii) Section 116, relating to female genital
mutilation.
``(ix) Section 117, relating to domestic assault by a
habitual offender.
``(x) Any section of chapter 10, relating to biological
weapons.
``(xi) Any section of chapter 11B, relating to chemical
weapons.
``(xii) Section 351, relating to Congressional, Cabinet,
and Supreme Court assassination, kidnapping, and assault.
``(xiii) Section 521, relating to criminal street gangs.
``(xiv) Section 751, relating to prisoners in custody of an
institution or officer.
``(xv) Section 793, relating to gathering, transmitting, or
losing defense information.
``(xvi) Section 794, relating to gathering or delivering
defense information to aid a foreign government.
``(xvii) Any section of chapter 39, relating to explosives
and other dangerous articles, except for section 836
(relating to the transportation of fireworks into a State
prohibiting sale or use).
``(xviii) Section 842(p), relating to distribution of
information relating to explosives, destructive devices, and
weapons of mass destruction, but only if the conviction
involved a weapon of mass destruction (as defined in section
2332a(c)).
``(xix) Subsection (f)(3), (h), or (i) of section 844,
relating to the use of fire or an explosive.
``(xx) Section 871, relating to threats against the
President and successors to the Presidency.
``(xxi) Section 879, relating to threats against former
Presidents and certain other persons.
``(xxii) Section 924(c), relating to unlawful possession or
use of a firearm during and in relation to any crime of
violence or drug trafficking crime.
``(xxiii) Section 1030(a)(1), relating to fraud and related
activity in connection with computers.
``(xxiv) Section 1091, relating to genocide.
``(xxv) Any section of chapter 51, relating to homicide,
except for section 1112 (relating to manslaughter), 1113
(relating to attempt to commit murder or manslaughter, but
only if the conviction was for an attempt to commit
manslaughter), 1115 (relating to misconduct or neglect of
ship officers), or 1122 (relating to protection against the
human immunodeficiency virus).
[[Page S7690]]
``(xxvi) Any section of chapter 55, relating to kidnapping.
``(xxvii) Any offense under chapter 77, relating to
peonage, slavery, and trafficking in persons, except for
sections 1593 through 1596.
``(xxviii) Section 1751, relating to Presidential and
Presidential staff assassination, kidnapping, and assault.
``(xxix) Section 1791, relating to providing or possessing
contraband in prison.
``(xxx) Section 1792, relating to mutiny and riots.
``(xxxi) Section 1841(a)(2)(C), relating to intentionally
killing or attempting to kill an unborn child.
``(xxxii) Section 1992, relating to terrorist attacks and
other violence against railroad carriers and against mass
transportation systems on land, on water, or through the air.
``(xxxiii) Section 2113(e), relating to bank robbery
resulting in death.
``(xxxiv) Section 2118(c), relating to robberies and
burglaries involving controlled substances resulting in
assault, putting in jeopardy the life of any person by the
use of a dangerous weapon or device, or death.
``(xxxv) Section 2119, relating to taking a motor vehicle
(commonly referred to as `carjacking').
``(xxxvi) Any section of chapter 105, relating to sabotage,
except for section 2152.
``(xxxvii) Any section of chapter 109A, relating to sexual
abuse.
``(xxxviii) Section 2250, relating to failure to register
as a sex offender.
``(xxxix) Section 2251, relating to the sexual exploitation
of children.
``(xl) Section 2251A, relating to the selling or buying of
children.
``(xli) Section 2252, relating to certain activities
relating to material involving the sexual exploitation of
minors.
``(xlii) Section 2252A, relating to certain activities
involving material constituting or containing child
pornography.
``(xliii) Section 2260, relating to the production of
sexually explicit depictions of a minor for importation into
the United States.
``(xliv) Section 2283, relating to the transportation of
explosive, biological, chemical, or radioactive or nuclear
materials.
``(xlv) Section 2284, relating to the transportation of
terrorists.
``(xlvi) Section 2291, relating to the destruction of a
vessel or maritime facility, but only if the conduct that led
to the conviction involved a substantial risk of death or
serious bodily injury.
``(xlvii) Any section of chapter 113B, relating to
terrorism.
``(xlviii) Section 2340A, relating to torture.
``(xlix) Section 2381, relating to treason.
``(l) Section 2442, relating to the recruitment or use of
child soldiers.
``(li) An offense described in section 3559(c)(2)(F), for
which the offender was sentenced to a term of imprisonment of
more than 1 year, if the offender has a previous conviction,
for which the offender served a term of imprisonment of more
than 1 year, for a Federal or State offense, by whatever
designation and wherever committed, consisting of murder (as
described in section 1111), voluntary manslaughter (as
described in section 1112), assault with intent to commit
murder (as described in section 113(a)), aggravated sexual
abuse and sexual abuse (as described in sections 2241 and
2242), abusive sexual contact (as described in sections
2244(a)(1) and (a)(2)), kidnapping (as described in chapter
55), carjacking (as described in section 2119), arson (as
described in section 844(f)(3), (h), or (i)), or terrorism
(as described in chapter 113B).
``(lii) Section 57(b) of the Atomic Energy Act of 1954 (42
U.S.C. 2077(b)), relating to the engagement or participation
in the development or production of special nuclear material.
``(liii) Section 92 of the Atomic Energy Act of 1954 (42
U.S.C. 2122), relating to prohibitions governing atomic
weapons.
``(liv) Section 101 of the Atomic Energy Act of 1954 (42
U.S.C. 2131), relating to the atomic energy license
requirement.
``(lv) Section 224 or 225 of the Atomic Energy Act of 1954
(42 U.S.C. 2274, 2275), relating to the communication or
receipt of restricted data.
``(lvi) Section 236 of the Atomic Energy Act of 1954 (42
U.S.C. 2284), relating to the sabotage of nuclear facilities
or fuel.
``(lvii) Section 60123(b) of title 49, relating to damaging
or destroying a pipeline facility, but only if the conduct
which led to the conviction involved a substantial risk of
death or serious bodily injury.
``(lviii) Section 401(a) of the Controlled Substances Act
(21 U.S.C. 841), relating to manufacturing or distributing a
controlled substance in the case of a conviction for an
offense described in subparagraph (A), (B), or (C) of
subsection (b)(1) of that section for which death or serious
bodily injury resulted from the use of such substance.
``(lix) Section 276(a) of the Immigration and Nationality
Act (8 U.S.C. 1326), relating to the reentry of a removed
alien, but only if the alien is described in paragraph (1) or
(2) of subsection (b) of that section.
``(lx) Section 277 of the Immigration and Nationality Act
(8 U.S.C. 1327), relating to aiding or assisting certain
aliens to enter the United States.
``(lxi) Section 278 of the Immigration and Nationality Act
(8 U.S.C. 1328), relating to the importation of an alien into
the United States for an immoral purpose.
``(lxii) Any section of the Export Administration Act of
1979 (50 U.S.C. 4611 et seq.)
``(lxiii) Section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705).
``(lxiv) Section 601 of the National Security Act of 1947
(50 U.S.C. 3121), relating to the protection of identities of
certain United States undercover intelligence officers,
agents, informants, and sources.
``(lxv) Subparagraph (A)(i) or (B)(i) of section 401(b)(1)
of the Controlled Substances Act (21 U.S.C. 841(b)(1)) or
paragraph (1)(A) or (2)(A) of section 1010(b) of the
Controlled Substances Import and Export Act (21 U.S.C.
960(b)), relating to manufacturing, distributing, dispensing,
or possessing with intent to manufacture, distribute,
dispense, or knowingly importing or exporting, a mixture or
substance containing a detectable amount of heroin if the
sentencing court finds that the offender was an organizer,
leader, manager, or supervisor of others in the offense, as
determined under the guidelines promulgated by the United
States Sentencing Commission.
``(lxvi) Subparagraph (A)(vi) or (B)(vi) of section
401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) or paragraph (1)(F) or (2)(F) of section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)), relating to manufacturing, distributing, dispensing,
or possessing with intent to manufacture, distribute, or
dispense, a mixture or substance containing a detectable
amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]
propanamide, or any analogue thereof.
``(lxvii) Subparagraph (A)(viii) or (B)(viii) of section
401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)(1)) or paragraph (1)(H) or (2)(H) of section 1010(b)
the Controlled Substances Import and Export Act (21 U.S.C.
960(b)), relating to manufacturing, distributing, dispensing,
or possessing with intent to manufacture, distribute, or
dispense, or knowingly importing or exporting, a mixture of
substance containing a detectable amount of methamphetamine,
its salts, isomers, or salts of its isomers, if the
sentencing court finds that the offender was an organizer,
leader, manager, or supervisor of others in the offense, as
determined under the guidelines promulgated by the United
States Sentencing Commission.
``(lxviii) Subparagraph (A) or (B) of section 401(b)(1) of
the Controlled Substances Act (21 U.S.C. 841(b)(1)) or
paragraph (1) or (2) of section 1010(b) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)), relating
to manufacturing, distributing, dispensing, or possessing
with intent to manufacture, distribute, or dispense, a
controlled substance, or knowingly importing or exporting a
controlled substance, if the sentencing court finds that--
``(I) the offense involved a mixture or substance
containing a detectable amount of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide, or any analogue
thereof; and
``(II) the offender was an organizer, leader, manager, or
supervisor of others in the offense, as determined under the
guidelines promulgated by the United States Sentencing
Commission.
``(E) Deportable prisoners ineligible to apply time
credits.--
``(i) In general.--A prisoner is ineligible to apply time
credits under subparagraph (C) if the prisoner is the subject
of a final order of removal under any provision of the
immigration laws (as such term is defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))).
``(ii) Proceedings.--The Attorney General, in consultation
with the Secretary of Homeland Security, shall ensure that
any alien described in section 212 or 237 of the Immigration
and Nationality Act (8 U.S.C. 1182, 1227) who seeks to earn
time credits are subject to proceedings described in section
238(a) of that Act (8 U.S.C. 1228(a)) at a date as early as
practicable during the prisoner's incarceration.
``(5) Risk reassessments and level adjustment.--A prisoner
who successfully participates in evidence-based recidivism
reduction programming or productive activities shall receive
periodic risk reassessments not less often than annually, and
a prisoner determined to be at a medium or high risk of
recidivating and who has less than 5 years until his or her
projected release date shall receive more frequent risk
reassessments. If the reassessment shows that the prisoner's
risk of recidivating or specific needs have changed, the
Bureau of Prisons shall update the determination of the
prisoner's risk of recidivating or information regarding the
prisoner's specific needs and reassign the prisoner to
appropriate evidence-based recidivism reduction programming
or productive activities based on such changes.
``(6) Relation to other incentive programs.--The incentives
described in this subsection shall be in addition to any
other rewards or incentives for which a prisoner may be
eligible.
``(e) Penalties.--The Director of the Bureau of Prisons
shall develop guidelines for the reduction of rewards and
incentives earned under subsection (d) for prisoners who
violate prison rules or evidence-based recidivism reduction
program or productive activity rules, which shall provide--
``(1) general levels of violations and resulting
reductions;
``(2) that any reduction that includes the loss of time
credits shall require written notice to the prisoner, shall
be limited to time credits that a prisoner earned as of the
date of the prisoner's rule violation, and shall not
[[Page S7691]]
include any future time credits that the prisoner may earn;
and
``(3) for a procedure to restore time credits that a
prisoner lost as a result of a rule violation, based on the
prisoner's individual progress after the date of the rule
violation.
``(f) Bureau of Prisons Training.--The Attorney General
shall develop and implement training programs for Bureau of
Prisons officers and employees responsible for administering
the System, which shall include--
``(1) initial training to educate officers and employees on
how to use the System in an appropriate and consistent
manner, as well as the reasons for using the System;
``(2) continuing education;
``(3) periodic training updates; and
``(4) a requirement that such officers and employees
demonstrate competence in administering the System, including
interrater reliability, on a biannual basis.
``(g) Quality Assurance.--In order to ensure that the
Bureau of Prisons is using the System in an appropriate and
consistent manner, the Attorney General shall monitor and
assess the use of the System, which shall include conducting
annual audits of the Bureau of Prisons regarding the use of
the System.
``(h) Dyslexia Screening.--
``(1) Screening.--The Attorney General shall incorporate a
dyslexia screening program into the System, including by
screening for dyslexia during--
``(A) the intake process; and
``(B) each periodic risk reassessment of a prisoner.
``(2) Treatment.--The Attorney General shall incorporate
programs designed to treat dyslexia into the evidence-based
recidivism reduction programs or productive activities
required to be implemented under this section. The Attorney
General may also incorporate programs designed to treat other
learning disabilities.
``Sec. 3633. Evidence-based recidivism reduction program and
recommendations
``(a) In General.--Prior to releasing the System, in
consultation with the Independent Review Committee authorized
by the First Step Act of 2018, the Attorney General shall--
``(1) review the effectiveness of evidence-based recidivism
reduction programs that exist as of the date of enactment of
this subchapter in prisons operated by the Bureau of Prisons;
``(2) review available information regarding the
effectiveness of evidence-based recidivism reduction programs
and productive activities that exist in State-operated
prisons throughout the United States;
``(3) identify the most effective evidence-based recidivism
reduction programs;
``(4) review the policies for entering into evidence-based
recidivism reduction partnerships described in section
3621(h)(5); and
``(5) direct the Bureau of Prisons regarding--
``(A) evidence-based recidivism reduction programs;
``(B) the ability for faith-based organizations to function
as a provider of educational evidence-based programs outside
of the religious classes and services provided through the
Chaplaincy; and
``(C) the addition of any new effective evidence-based
recidivism reduction programs that the Attorney General
finds.
``(b) Review and Recommendations Regarding Dyslexia
Mitigation.--In carrying out subsection (a), the Attorney
General shall consider the prevalence and mitigation of
dyslexia in prisons, including by--
``(1) reviewing statistics on the prevalence of dyslexia,
and the effectiveness of any programs implemented to mitigate
the effects of dyslexia, in prisons operated by the Bureau of
Prisons and State-operated prisons throughout the United
States; and
``(2) incorporating the findings of the Attorney General
under paragraph (1) of this subsection into any directives
given to the Bureau of Prisons under paragraph (5) of
subsection (a).
``Sec. 3634. Report
``Beginning on the date that is 2 years after the date of
enactment of this subchapter, and annually thereafter for a
period of 5 years, the Attorney General shall submit a report
to the Committees on the Judiciary of the Senate and the
House of Representatives and the Subcommittees on Commerce,
Justice, Science, and Related Agencies of the Committees on
Appropriations of the Senate and the House of Representatives
that contains the following:
``(1) A summary of the activities and accomplishments of
the Attorney General in carrying out this Act.
``(2) A summary and assessment of the types and
effectiveness of the evidence-based recidivism reduction
programs and productive activities in prisons operated by the
Bureau of Prisons, including--
``(A) evidence about which programs have been shown to
reduce recidivism;
``(B) the capacity of each program and activity at each
prison, including the number of prisoners along with the
recidivism risk of each prisoner enrolled in each program;
and
``(C) identification of any gaps or shortages in capacity
of such programs and activities.
``(3) Rates of recidivism among individuals who have been
released from Federal prison, based on the following
criteria:
``(A) The primary offense of conviction.
``(B) The length of the sentence imposed and served.
``(C) The Bureau of Prisons facility or facilities in which
the prisoner's sentence was served.
``(D) The evidence-based recidivism reduction programming
that the prisoner successfully completed, if any.
``(E) The prisoner's assessed and reassessed risk of
recidivism.
``(F) The productive activities that the prisoner
successfully completed, if any.
``(4) The status of prison work programs at facilities
operated by the Bureau of Prisons, including--
``(A) a strategy to expand the availability of such
programs without reducing job opportunities for workers in
the United States who are not in the custody of the Bureau of
Prisons, including the feasibility of prisoners manufacturing
products purchased by Federal agencies that are manufactured
overseas;
``(B) an assessment of the feasibility of expanding such
programs, consistent with the strategy required under
subparagraph (A), with the goal that 5 years after the date
of enactment of this subchapter, not less than 75 percent of
eligible minimum- and low-risk offenders have the opportunity
to participate in a prison work program for not less than 20
hours per week; and
``(C) a detailed discussion of legal authorities that would
be useful or necessary to achieve the goals described in
subparagraphs (A) and (B).
``(5) An assessment of the Bureau of Prisons' compliance
with section 3621(h).
``(6) An assessment of progress made toward carrying out
the purposes of this subchapter, including any savings
associated with--
``(A) the transfer of prisoners into prerelease custody or
supervised release under section 3624(g), including savings
resulting from the avoidance or deferral of future
construction, acquisition, and operations costs; and
``(B) any decrease in recidivism that may be attributed to
the System or the increase in evidence-based recidivism
reduction programs required under this subchapter.
``(7) An assessment of budgetary savings resulting from
this subchapter, including--
``(A) a summary of the amount of savings resulting from the
transfer of prisoners into prerelease custody under this
chapter, including savings resulting from the avoidance or
deferral of future construction, acquisition, or operations
costs;
``(B) a summary of the amount of savings resulting from any
decrease in recidivism that may be attributed to the
implementation of the risk and needs assessment system or the
increase in recidivism reduction programs and productive
activities required by this subchapter;
``(C) a strategy to reinvest the savings described in
subparagraphs (A) and (B) in other--
``(i) Federal, State, and local law enforcement activities;
and
``(ii) expansions of recidivism reduction programs and
productive activities in the Bureau of Prisons; and
``(D) a description of how the reduced expenditures on
Federal corrections and the budgetary savings resulting from
this subchapter are currently being used and will be used
to--
``(i) increase investment in law enforcement and crime
prevention to combat gangs of national significance and high-
level drug traffickers through the High Intensity Drug
Trafficking Areas Program and other task forces;
``(ii) hire, train, and equip law enforcement officers and
prosecutors; and
``(iii) promote crime reduction programs using evidence-
based practices and strategic planning to help reduce crime
and criminal recidivism.
``(8) Statistics on--
``(A) the prevalence of dyslexia among prisoners in prisons
operated by the Bureau of Prisons; and
``(B) any change in the effectiveness of dyslexia
mitigation programs among such prisoners that may be
attributed to the incorporation of dyslexia screening into
the System and of dyslexia treatment into the evidence-based
recidivism reduction programs, as required under this
chapter.
``Sec. 3635. Definitions
``In this subchapter the following definitions apply:
``(1) Dyslexia.--The term `dyslexia' means an unexpected
difficulty in reading for an individual who has the
intelligence to be a much better reader, most commonly caused
by a difficulty in the phonological processing (the
appreciation of the individual sounds of spoken language),
which affects the ability of an individual to speak, read,
and spell.
``(2) Dyslexia screening program.--The term `dyslexia
screening program' means a screening program for dyslexia
that is--
``(A) evidence-based (as defined in section 8101(21) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(21))) with proven psychometrics for validity;
``(B) efficient and low-cost; and
``(C) readily available.
``(3) Evidence-based recidivism reduction program.--The
term `evidence-based recidivism reduction program' means
either a group or individual activity that--
``(A) has been shown by empirical evidence to reduce
recidivism or is based on research indicating that it is
likely to be effective in reducing recidivism;
``(B) is designed to help prisoners succeed in their
communities upon release from prison; and
``(C) may include--
[[Page S7692]]
``(i) social learning and communication, interpersonal,
anti-bullying, rejection response, and other life skills;
``(ii) family relationship building, structured parent-
child interaction, and parenting skills;
``(iii) classes on morals or ethics;
``(iv) academic classes;
``(v) cognitive behavioral treatment;
``(vi) mentoring;
``(vii) substance abuse treatment;
``(viii) vocational training;
``(ix) faith-based classes or services;
``(x) civic engagement and reintegrative community
services;
``(xi) a prison job, including through a prison work
program;
``(xii) victim impact classes or other restorative justice
programs; and
``(xiii) trauma counseling and trauma-informed support
programs.
``(4) Prisoner.--The term `prisoner' means a person who has
been sentenced to a term of imprisonment pursuant to a
conviction for a Federal criminal offense, or a person in the
custody of the Bureau of Prisons.
``(5) Productive activity.--The term `productive activity'
means either a group or individual activity that is designed
to allow prisoners determined as having a minimum or low risk
of recidivating to remain productive and thereby maintain a
minimum or low risk of recidivating, and may include the
delivery of the programs described in paragraph (1) to other
prisoners.
``(6) Risk and needs assessment tool.--The term `risk and
needs assessment tool' means an objective and statistically
validated method through which information is collected and
evaluated to determine--
``(A) as part of the intake process, the risk that a
prisoner will recidivate upon release from prison;
``(B) the recidivism reduction programs that will best
minimize the risk that the prisoner will recidivate upon
release from prison; and
``(C) the periodic reassessment of risk that a prisoner
will recidivate upon release from prison, based on factors
including indicators of progress and of regression, that are
dynamic and that can reasonably be expected to change while
in prison.''.
(b) Clerical Amendment.--The table of subchapters for
chapter 229 of title 18, United States Code, is amended by
adding at the end the following:
``D. Risk and Needs Assessment.............................3631''.....
SEC. 102. IMPLEMENTATION OF SYSTEM AND RECOMMENDATIONS BY
BUREAU OF PRISONS.
(a) Implementation of System Generally.--Section 3621 of
title 18, United States Code, is amended by adding at the end
the following:
``(h) Implementation of Risk and Needs Assessment System.--
``(1) In general.--Not later than 180 days after the
Attorney General completes and releases the risk and needs
assessment system (referred to in this subsection as the
`System') developed under subchapter D, the Director of the
Bureau of Prisons shall, in accordance with that subchapter--
``(A) implement and complete the initial intake risk and
needs assessment for each prisoner (including for each
prisoner who was a prisoner prior to the effective date of
this subsection), regardless of the prisoner's length of
imposed term of imprisonment, and begin to assign prisoners
to appropriate evidence-based recidivism reduction programs
based on that determination;
``(B) begin to expand the effective evidence-based
recidivism reduction programs and productive activities it
offers and add any new evidence-based recidivism reduction
programs and productive activities necessary to effectively
implement the System; and
``(C) begin to implement the other risk and needs
assessment tools necessary to effectively implement the
System over time, while prisoners are participating in and
completing the effective evidence-based recidivism reduction
programs and productive activities.
``(2) Phase-in.--In order to carry out paragraph (1), so
that every prisoner has the opportunity to participate in and
complete the type and amount of evidence-based recidivism
reduction programs or productive activities they need, and be
reassessed for recidivism risk as necessary to effectively
implement the System, the Bureau of Prisons shall--
``(A) provide such evidence-based recidivism reduction
programs and productive activities for all prisoners before
the date that is 2 years after the date on which the Bureau
of Prisons completes a risk and needs assessment for each
prisoner under paragraph (1)(A); and
``(B) develop and validate the risk and needs assessment
tool to be used in the reassessments of risk of recidivism,
while prisoners are participating in and completing evidence-
based recidivism reduction programs and productive
activities.
``(3) Priority during phase-in.--During the 2-year period
described in paragraph (2)(A), the priority for such programs
and activities shall be accorded based on a prisoner's
proximity to release date.
``(4) Preliminary expansion of evidence-based recidivism
reduction programs and authority to use incentives.--
Beginning on the date of enactment of this subsection, the
Bureau of Prisons may begin to expand any evidence-based
recidivism reduction programs and productive activities that
exist at a prison as of such date, and may offer to prisoners
who successfully participate in such programs and activities
the incentives and rewards described in subchapter D.
``(5) Recidivism reduction partnerships.--In order to
expand evidence-based recidivism reduction programs and
productive activities, the Attorney General shall develop
policies for the warden of each prison of the Bureau of
Prisons to enter into partnerships, subject to the
availability of appropriations, with any of the following:
``(A) Nonprofit and other private organizations, including
faith-based, art, and community-based organizations that will
deliver recidivism reduction programming on a paid or
volunteer basis.
``(B) Institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) that will deliver instruction on a paid or volunteer
basis.
``(C) Private entities that will--
``(i) deliver vocational training and certifications;
``(ii) provide equipment to facilitate vocational training
or employment opportunities for prisoners;
``(iii) employ prisoners; or
``(iv) assist prisoners in prerelease custody or supervised
release in finding employment.
``(D) Industry-sponsored organizations that will deliver
workforce development and training, on a paid or volunteer
basis.
``(6) Requirement to provide programs to all prisoners;
priority.--The Director of the Bureau of Prisons shall
provide all prisoners with the opportunity to actively
participate in evidence-based recidivism reduction programs
or productive activities, according to their specific
criminogenic needs, throughout their entire term of
incarceration. Priority for participation in recidivism
reduction programs shall be given to medium-risk and high-
risk prisoners, with access to productive activities given to
minimum-risk and low-risk prisoners.
``(7) Definitions.--The terms in this subsection have the
meaning given those terms in section 3635.''.
(b) Prerelease Custody.--
(1) In general.--Section 3624 of title 18, United States
Code, is amended--
(A) in subsection (b)(1)--
(i) by striking ``, beyond the time served, of up to 54
days at the end of each year of the prisoner's term of
imprisonment, beginning at the end of the first year of the
term,'' and inserting ``of up to 54 days for each year of the
prisoner's sentence imposed by the court,''; and
(ii) by striking ``credit for the last year or portion of a
year of the term of imprisonment shall be prorated and
credited within the last six weeks of the sentence'' and
inserting ``credit for the last year of a term of
imprisonment shall be credited on the first day of the last
year of the term of imprisonment''; and
(B) by adding at the end the following:
``(g) Prerelease Custody or Supervised Release for Risk and
Needs Assessment System Participants.--
``(1) Eligible prisoners.--This subsection applies in the
case of a prisoner (as such term is defined in section 3635)
who--
``(A) has earned time credits under the risk and needs
assessment system developed under subchapter D (referred to
in this subsection as the `System') in an amount that is
equal to the remainder of the prisoner's imposed term of
imprisonment;
``(B) has shown through the periodic risk reassessments a
demonstrated recidivism risk reduction or has maintained a
minimum or low recidivism risk, during the prisoner's term of
imprisonment;
``(C) has had the remainder of the prisoner's imposed term
of imprisonment computed under applicable law; and
``(D)(i) in the case of a prisoner being placed in
prerelease custody, the prisoner--
``(I) has been determined under the System to be a minimum
or low risk to recidivate pursuant to the last 2
reassessments of the prisoner; or
``(II) has had a petition to be transferred to prerelease
custody or supervised release approved by the warden of the
prison, after the warden's determination that--
``(aa) the prisoner would not be a danger to society if
transferred to prerelease custody or supervised release;
``(bb) the prisoner has made a good faith effort to lower
their recidivism risk through participation in recidivism
reduction programs or productive activities; and
``(cc) the prisoner is unlikely to recidivate; or
``(ii) in the case of a prisoner being placed in supervised
release, the prisoner has been determined under the System to
be a minimum or low risk to recidivate pursuant to the last
reassessment of the prisoner.
``(2) Types of prerelease custody.--A prisoner shall be
placed in prerelease custody as follows:
``(A) Home confinement.--
``(i) In general.--A prisoner placed in prerelease custody
pursuant to this subsection who is placed in home confinement
shall--
``(I) be subject to 24-hour electronic monitoring that
enables the prompt identification of the prisoner, location,
and time, in the case of any violation of subclause (II);
``(II) remain in the prisoner's residence, except that the
prisoner may leave the prisoner's home in order to, subject
to the approval of the Director of the Bureau of Prisons--
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``(aa) perform a job or job-related activities, including
an apprenticeship, or participate in job-seeking activities;
``(bb) participate in evidence-based recidivism reduction
programming or productive activities assigned by the System,
or similar activities;
``(cc) perform community service;
``(dd) participate in crime victim restoration activities;
``(ee) receive medical treatment;
``(ff) attend religious activities; or
``(gg) participate in other family-related activities that
facilitate the prisoner's successful reentry such as a family
funeral, a family wedding, or to visit a family member who is
seriously ill; and
``(III) comply with such other conditions as the Director
determines appropriate.
``(ii) Alternate means of monitoring.--If the electronic
monitoring of a prisoner described in clause (i)(I) is
infeasible for technical or religious reasons, the Director
of the Bureau of Prisons may use alternative means of
monitoring a prisoner placed in home confinement that the
Director determines are as effective or more effective than
the electronic monitoring described in clause (i)(I).
``(iii) Modifications.--The Director of the Bureau of
Prisons may modify the conditions described in clause (i) if
the Director determines that a compelling reason exists to do
so, and that the prisoner has demonstrated exemplary
compliance with such conditions.
``(iv) Duration.--Except as provided in paragraph (4), a
prisoner who is placed in home confinement shall remain in
home confinement until the prisoner has served not less than
85 percent of the prisoner's imposed term of imprisonment.
``(B) Residential reentry center.--A prisoner placed in
prerelease custody pursuant to this subsection who is placed
at a residential reentry center shall be subject to such
conditions as the Director of the Bureau of Prisons
determines appropriate.
``(3) Supervised release.--If the sentencing court included
as a part of the prisoner's sentence a requirement that the
prisoner be placed on a term of supervised release after
imprisonment pursuant to section 3583, the Director of the
Bureau of Prisons may transfer the prisoner to begin any such
term of supervised release at an earlier date, not to exceed
12 months, based on the application of time credits under
section 3632.
``(4) Determination of conditions.--In determining
appropriate conditions for prisoners placed in prerelease
custody pursuant to this subsection, the Director of the
Bureau of Prisons shall, to the extent practicable, provide
that increasingly less restrictive conditions shall be
imposed on prisoners who demonstrate continued compliance
with the conditions of such prerelease custody, so as to most
effectively prepare such prisoners for reentry.
``(5) Violations of conditions.--If a prisoner violates a
condition of the prisoner's prerelease custody, the Director
of the Bureau of Prisons may impose such additional
conditions on the prisoner's prerelease custody as the
Director of the Bureau of Prisons determines appropriate, or
revoke the prisoner's prerelease custody and require the
prisoner to serve the remainder of the term of imprisonment
to which the prisoner was sentenced, or any portion thereof,
in prison. If the violation is nontechnical in nature, the
Director of the Bureau of Prisons shall revoke the prisoner's
prerelease custody.
``(6) Issuance of guidelines.--The Attorney General, in
consultation with the Assistant Director for the Office of
Probation and Pretrial Services, shall issue guidelines for
use by the Bureau of Prisons in determining--
``(A) the appropriate type of prerelease custody or
supervised release and level of supervision for a prisoner
placed on prerelease custody pursuant to this subsection; and
``(B) consequences for a violation of a condition of such
prerelease custody by such a prisoner, including a return to
prison and a reassessment of evidence-based recidivism risk
level under the System.
``(7) Agreements with united states probation and pretrial
services.--The Director of the Bureau of Prisons shall, to
the greatest extent practicable, enter into agreements with
United States Probation and Pretrial Services to supervise
prisoners placed in home confinement under this subsection.
Such agreements shall--
``(A) authorize United States Probation and Pretrial
Services to exercise the authority granted to the Director
pursuant to paragraphs (3) and (4); and
``(B) take into account the resource requirements of United
States Probation and Pretrial Services as a result of the
transfer of Bureau of Prisons prisoners to prerelease custody
or supervised release.
``(8) Assistance.--United States Probation and Pretrial
Services shall, to the greatest extent practicable, offer
assistance to any prisoner not under its supervision during
prerelease custody under this subsection.
``(9) Mentoring, reentry, and spiritual services.--Any
prerelease custody into which a prisoner is placed under this
subsection may not include a condition prohibiting the
prisoner from receiving mentoring, reentry, or spiritual
services from a person who provided such services to the
prisoner while the prisoner was incarcerated, except that the
warden of the facility at which the prisoner was incarcerated
may waive the requirement under this paragraph if the warden
finds that the provision of such services would pose a
significant security risk to the prisoner, persons who
provide such services, or any other person. The warden shall
provide written notice of any such waiver to the person
providing such services and to the prisoner.
``(10) Time limits inapplicable.--The time limits under
subsections (b) and (c) shall not apply to prerelease custody
under this subsection.
``(11) Prerelease custody capacity.--The Director of the
Bureau of Prisons shall ensure there is sufficient prerelease
custody capacity to accommodate all eligible prisoners.''.
(2) Effective date.--The amendments made by this subsection
shall take effect beginning on the date that the Attorney
General completes and releases the risk and needs assessment
system under subchapter D of chapter 229 of title 18, United
States Code, as added by section 101(a) of this Act.
(3) Applicability.--The amendments made by this subsection
shall apply with respect to offenses committed before, on, or
after the date of enactment of this Act, except that such
amendments shall not apply with respect to offenses committed
before November 1, 1987.
SEC. 103. GAO REPORT.
Not later than 2 years after the Director of the Bureau of
Prisons implements the risk and needs assessment system under
section 3621 of title 18, United States Code, and every 2
years thereafter, the Comptroller General of the United
States shall conduct an audit of the use of the risk and
needs assessment system at Bureau of Prisons facilities. The
audit shall include analysis of the following:
(1) Whether inmates are being assessed under the risk and
needs assessment system with the frequency required under
such section 3621 of title 18, United States Code.
(2) Whether the Bureau of Prisons is able to offer
recidivism reduction programs and productive activities (as
such terms are defined in section 3635 of title 18, United
States Code, as added by section 101(a) of this Act).
(3) Whether the Bureau of Prisons is offering the type,
amount, and intensity of recidivism reduction programs and
productive activities for prisoners to earn the maximum
amount of time credits for which they are eligible.
(4) Whether the Attorney General is carrying out the duties
under section 3631(b) of title 18, United States Code, as
added by section 101(a) of this Act.
(5) Whether officers and employees of the Bureau of Prisons
are receiving the training described in section 3632(f) of
title 18, United States Code, as added by section 101(a) of
this Act.
(6) Whether the Bureau of Prisons offers work assignments
to all prisoners who might benefit from such an assignment.
(7) Whether the Bureau of Prisons transfers prisoners to
prerelease custody or supervised release as soon as they are
eligible for such a transfer under section 3624(g) of title
18, United States Code, as added by section 102(b) of this
Act.
(8) The rates of recidivism among similarly classified
prisoners to identify any unwarranted disparities, including
disparities among similarly classified prisoners of different
demographic groups, in such rates.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this title $75,000,000 for each of fiscal years
2019 through 2023. Of the amount appropriated under this
subsection, 80 percent shall be reserved for use by the
Director of the Bureau of Prisons to implement the system
under section 3621(h) of title 18, United States Code, as
added by section 102(a) of this Act.
(b) Savings.--It is the sense of Congress that any savings
associated with reductions in recidivism that result from
this title should be reinvested--
(1) to supplement funding for programs that increase public
safety by providing resources to State and local law
enforcement officials, including for the adoption of
innovative technologies and information sharing capabilities;
(2) into evidence-based recidivism reduction programs
offered by the Bureau of Prisons; and
(3) into ensuring eligible prisoners have access to such
programs and productive activities offered by the Bureau of
Prisons.
SEC. 105. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act,
may be construed to provide authority to place a prisoner in
prerelease custody or supervised release who is serving a
term of imprisonment pursuant to a conviction for an offense
under the laws of one of the 50 States, or of a territory or
possession of the United States or to amend or affect the
enforcement of the immigration laws, as defined in section
101 of the Immigration and Nationality Act (8 U.S.C. 1101).
SEC. 106. FAITH-BASED CONSIDERATIONS.
(a) In General.--In considering any program, treatment,
regimen, group, company, charity, person, or entity of any
kind under any provision of this Act, or the amendments made
by this Act, the fact that it may be or is faith-based may
not be a basis for any discrimination against it in any
manner or for any purpose.
(b) Eligibility for Earned Time Credit.--Participation in a
faith-based program, treatment, or regimen may qualify a
prisoner for earned time credit under subchapter D of chapter
229 of title 18, United States Code, as added by section
101(a) of this Act, however, the Director of the Bureau of
Prisons shall ensure that non-faith-based programs that
qualify for earned time credit are
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offered at each Bureau of Prisons facility in addition to any
such faith-based programs.
(c) Limitation on Activities.--A group, company, charity,
person, or entity may not engage in explicitly religious
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