[Congressional Record Volume 146, Number 97 (Monday, July 24, 2000)]
[Senate]
[Pages S7477-S7482]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BIDEN:
  S. 2908. A bill to authorize funding for successful reentry of 
criminal offenders into local communities; to the Committee on the 
Judiciary.


         THE OFFENDER REENTRY AND COMMUNITY SAFETY ACT OF 2000

  Mr. BIDEN. Mr. President, today I am proud to introduce the Offender 
Reentry and Community Safety Act of 2000. I am introducing this 
legislation because all too often we have short-term solutions for 
long-term problems. All too often we think about today, but not 
tomorrow. It's time that we start looking forward. It's time that we 
face the dire situation of prisoners re-entering our communities with 
insufficient monitoring, little or no job skills, inadequate drug 
treatment, insufficient housing and deficient basic life skills.
  According to the Department of Justice, 1.25 million offenders are 
now living in prisons and another 600,000 offenders are incarcerated in 
local jails. A record number of those inmates--approximately 585,400 
will return to communities this year. Historically, two-thirds of 
returning prisoners have been rearrested for new crimes within three 
years.
  The safety threat posed by this volume of prisoner returns has been 
exacerbated by the fact that states and communities can't possibly 
properly supervise all their returning offenders, parole systems have 
been abolished in thirteen states and policy shifts toward more 
determinate sentencing have reduced the courts' authority to impose 
supervisory conditions on offenders returning to their communities.
  State systems have also reduced the numbers of transitional support 
programs aimed at facilitating the return to productive community life 
styles. Recent studies indicate that many returning prisoners receive 
no help in finding employment upon release and most offenders have low 
literacy and other basic educational skills that can impede successful 
reentry.
  At least 55 percent of offenders are fathers of minor children, and 
therefore face a number of issues related to child support and other 
family responsibilities during incarceration and after release. 
Substance abuse and mental health problems also add to concerns over 
community safety. Approximately 70 percent of state prisoners and 57 
percent of federal prisoners have a history of drug use or abuse. 
Research by Justice indicates that between 60 and 75 percent of inmates 
with heroin or cocaine problems return to drugs within three months 
when untreated. An estimated 187,000 state and federal prison inmates 
have self-reported mental health problems. Mentally ill inmates are 
more likely than other offenders to have committed a violent offense 
and be violent recidivists. Few states connect mental health treatment 
in prisons with treatment in the return community. Finally, offenders 
with contagious diseases such as HIV/AIDS and tuberculosis are released 
with no viable plan to continue their medical treatment so they present 
a significant danger to public health. And while the federal prison 
population and reentry system differs from the state prison population 
and reentry systems, there are nonetheless significant reentry 
challenges at the federal level.
  We need to start thinking about what to do with these people. We need 
to start thinking in terms of helping these people make a transition to 
the community so that they don't go back to a life of crime and can be 
productive members of our society. We need to start thinking about the 
long-term impact of what we do after we send people to jail
  My legislation creates demonstration reentry programs for federal, 
state and local prisoners. The programs are designed to assist high-
risk, high-need offenders who have served their prison

[[Page S7478]]

sentences, but who pose the greatest risk of reoffending upon release 
because they lack the education, job skills, stable family or living 
arrangements, and the substance abuse treatment and other mental and 
medical health services they need to successfully reintegrate into 
society.
  Innovative strategies and emerging technologies present new 
opportunities to improve reentry systems. This legislation creates 
federal and state demonstration projects that utilize these strategies 
and technologies. The projects share many core components, including a 
more seamless reentry system, reentry officials who are more directly 
involved with the offender and who can swiftly impose intermediate 
sanctions if the offender does not follow the designated reentry plan, 
and the combination of enhanced service delivery and enhanced 
monitoring. The different projects are targeted at different prisoner 
populations and each has some unique features. The promise of the 
legislation is to establish the demonstration projects and then to 
rigorously evaluate them to determine which measures and strategies 
most successfully reintegrate prisoners into the community as well as 
which measures and strategies can be promoted nationally to address the 
growing national problem of released prisoners.
  There are currently 17 unfunded state pilot projects, including one 
in Delaware, which are being supported with technical assistance by the 
Department of Justice. My legislation will fund these pilot projects 
and will encourage states, territories, and Indian tribes to partner 
with units of local government and other non-profit organizations to 
establish adult offender reentry demonstration projects. The grants may 
be expended for implementing graduated sanctions and incentives, 
monitoring released prisoners, and providing, as appropriate, drug and 
alcohol abuse testing and treatment, mental and medical health 
services, victim impact educational classes, employment training, 
conflict resolution skills training, and other social services. My 
legislation also encourages state agencies, municipalities, public 
agencies, nonprofit organizations and tribes to make agreements with 
courts to establish ``reentry courts'' to monitor returning offenders, 
establish graduated sanctions and incentives, test and treat returning 
offenders for drug and alcohol abuse, and provide reentering offenders 
with mental and medical health services, victim impact educational 
classes, employment training, conflict resolution skills training, and 
other social services.

  This legislation also re-authorizes the drug court program created by 
Congress in the 1994 Crime Law as a cost-effective, innovative way to 
deal with non-violent offenders in need of drug treatment. This is the 
same language as the Drug Court Reauthorization and Improvement Act 
that I introduced with Senator Specter last year.
  Rather than just churning people through the revolving door of the 
criminal justice system, drug courts help these folks to get their acts 
together so they won't be back. When they graduate from drug court 
programs they are clean and sober and more prepared to participate in 
society. In order to graduate, they are required to finish high school 
or obtain a GED, hold down a job, and keep up with financial 
obligations including drug court fees and child support payments. They 
are also required to have a sponsor who will keep them on track.
  This program works. And that is not just my opinion. Columbia 
University's National Center on Addiction and Substance Abuse (CASA) 
found that these courts are effective at taking offenders with little 
previous treatment history and keeping them in treatment; that they 
provide closer supervision than other community programs to which the 
offenders could be assigned; that they reduce crime; and that they are 
cost-effective.
  According to the Department of Justice, drug courts save at least 
$5,000 per offender each year in prison costs alone. That says nothing 
of the cost savings associated with future crime prevention. Just as 
important, scarce prison beds are freed up for violent criminals.
  I have saved what may be the most important statistic for last. Two-
thirds of drug court participants are parents of young children. After 
getting sober through the coerced treatment mandated by the court, many 
of these individuals are able to be real parents again. More than 500 
drug-free babies have been born to female drug court participants, a 
sizable victory for society and the budget alike.
  This bill reauthorizes programs to provide for drug treatment in 
state and federal prisons. According to CASA, 80 percent of the men and 
women behind bars in the United States today are there because of 
alcohol or drugs. They were either drunk or high when they committed 
their crime, broke an alcohol or drug law, stole to support their 
habit, or have a history of drug or alcohol abuse. The need for drug 
and alcohol treatment in our nations prisons and jails is clear.
  Providing treatment to criminal offenders is not ``soft.'' It is a 
smart crime prevention policy. If we do not treat addicted offenders 
before they are released, they will be turned back onto our streets 
with the same addiction problem that got them in trouble in the first 
place and they will reoffend. Inmates who are addicted to drugs and 
alcohol are more likely to be incarcerated repeatedly than those 
without a substance abuse problem. This is not my opinion, it is fact. 
According to CASA, 81 percent of inmates with five or more prior 
convictions have been habitual drug users compared to 41 percent of 
first-time offenders. Reauthorizing prison-based treatment programs is 
a good investment and is an important crime prevention initiative.
  This legislation is a first step. Someday, we will look back and 
wonder why we didn't think of this sooner. For now, we need to 
implement these pilot projects, help people make it in their 
communities and make our streets safer. I am certain that we will revel 
in the results.
  I ask unanimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2808

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Offender Reentry and 
     Community Safety Act of 2000''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) There are now nearly 1,900,000 individuals in our 
     country's prisons and jails, including over 140,000 
     individuals under the jurisdiction of the Federal Bureau of 
     Prisons.
       (2) Enforcement of offender violations of conditions of 
     releases has sharply increased the number of offenders who 
     return to prison--while revocations comprised 17 percent of 
     State prison admissions in 1980, they rose to 36 percent in 
     1998.
       (3) Although prisoners generally are serving longer 
     sentences than they did a decade ago, most eventually reenter 
     communities; for example, in 1999, approximately 538,000 
     State prisoners and over 50,000 Federal prisoners a record 
     number were returned to American communities. Approximately 
     100,000 State offenders return to communities and received no 
     supervision whatsoever.
       (4) Historically, two-thirds of returning State prisoners 
     have been rearrested for new crimes within three years, so 
     these individuals pose a significant public safety risk and a 
     continuing financial burden to society.
       (5) A key element to effective post-incarceration 
     supervision is an immediate, predetermined, and appropriate 
     response to violations of the conditions of supervision.
       (6) An estimated 187,000 State and Federal prison inmates 
     have been diagnosed with mental health problems; about 70 
     percent of State prisoners and 57 percent of Federal 
     prisoners have a history of drug use or abuse; and nearly 75 
     percent of released offenders with heroin or cocaine problems 
     return to using drugs within three months if untreated; 
     however, few States link prison mental health treatment 
     programs with those in the return community.
       (7) Between 1987 and 1997, the volume of juvenile 
     adjudicated cases resulting in court-ordered residential 
     placements rose 56 percent. In 1997 alone, there were a total 
     of 163,200 juvenile court-ordered residential placements. The 
     steady increase of youth exiting residential placement has 
     strained the juvenile justice aftercare system, however, 
     without adequate supervision and services, youth are likely 
     to relapse, recidivate, and return to confinement at the 
     public's expense.
       (8) Emerging technologies and multidisciplinary community-
     based strategies present new opportunities to alleviate the 
     public safety risk posed by released prisoners while helping 
     offenders to reenter their communities successfully.

      SEC. 3. PURPOSES.

       The purposes of this Act are to--
       (1) establish demonstration projects in several Federal 
     judicial districts, the District of

[[Page S7479]]

     Columbia, and in the Federal Bureau of Prisons, using new 
     strategies and emerging technologies that alleviate the 
     public safety risk posed by released prisoners by promoting 
     their successful reintegration into the community;
       (2) establish court-based programs to monitor the return of 
     offenders into communities, using court sanctions to promote 
     positive behavior;
       (3) establish offender reentry demonstration projects in 
     the states using government and community partnerships to 
     coordinate cost efficient strategies that ensure public 
     safety and enhance the successful reentry into communities of 
     offenders who have completed their prison sentences;
       (4) establish intensive aftercare demonstration projects 
     that address public safety and ensure the special reentry 
     needs of juvenile offenders by coordinating the resources of 
     juvenile correctional agencies, juvenile courts, juvenile 
     parole agencies, law enforcement agencies, social service 
     providers, and local Workforce Investment Boards; and
       (5) rigorously evaluate these reentry programs to determine 
     their effectiveness in reducing recidivism and promoting 
     successful offender reintegration.

            TITLE I--FEDERAL REENTRY DEMONSTRATION PROJECTS

     SEC. 101. FEDERAL REENTRY CENTER DEMONSTRATION.

       (a) Authority and Establishment of Demonstration Project.--
     From funds made available to carry out this Act, the Attorney 
     General, in consultation with the Director of the 
     Administrative Office of the United States Courts, shall 
     establish the Federal Reentry Center Demonstration project. 
     The project shall involve appropriate prisoners from the 
     Federal prison population and shall utilize community 
     corrections facilities, home confinement, and a coordinated 
     response by Federal agencies to assist participating 
     prisoners, under close monitoring and more seamless 
     supervision, in preparing for and adjusting to reentry into 
     the community.
       (b) Project Elements.--The project authorized by subsection 
     (a) shall include--
       (1) a Reentry Review Team for each prisoner, consisting of 
     representatives from the Bureau of Prisons, the United States 
     Probation System, and the relevant community corrections 
     facility, who shall initially meet with the prisoner to 
     develop a reentry plan tailored to the needs of the prisoner 
     and incorporating victim impact information, and will 
     thereafter meet regularly to monitor the prisoner's progress 
     toward reentry and coordinate access to appropriate reentry 
     measures and resources;
       (2) regular drug testing, as appropriate;
       (3) a system of graduated levels of supervision within the 
     community corrections facility to promote community safety, 
     provide incentives for prisoners to complete the reentry 
     plan, including victim restitution, and provide a reasonable 
     method for imposing immediate sanctions for a prisoner's 
     minor or technical violation of the conditions of 
     participation in the project;
       (4) substance abuse treatment and aftercare, mental and 
     medical health treatment and aftercare, vocational and 
     educational training, life skills instruction, conflict 
     resolution skills training, batterer intervention programs, 
     assistance obtaining suitable affordable housing, and other 
     programming to promote effective reintegration into the 
     community as needed;
       (5) to the extent practicable, the recruitment and 
     utilization of local citizen volunteers, including volunteers 
     from the faith-based and business communities, to serve as 
     advisers and mentors to prisoners being released into the 
     community;
       (6) a description of the methodology and outcome measures 
     that will be used to evaluate the program; and
       (7) notification to victims on the status and nature of 
     offenders' reentry plan.
       (c) Probation Officers.--From funds made available to carry 
     out this Act, the Director of the Administrative Office of 
     the United States Courts shall assign one or more probation 
     officers from each participating judicial district to the 
     Reentry Demonstration project. Such officers shall be 
     assigned to and stationed at the community corrections 
     facility and shall serve on the Reentry Review Teams.
       (d) Project Duration.--The Reentry Center Demonstration 
     project shall begin not later than 6 months following the 
     availability of funds to carry out this section, and shall 
     last 3 years. The Attorney General may extend the project for 
     a period of up to 6 months to enable participant prisoners to 
     complete their involvement in the project.
       (e) Selection of Districts.--The Attorney General, in 
     consultation with the Judicial Conference of the United 
     States, shall select an appropriate number of Federal 
     judicial districts in which to carry out the Reentry Center 
     Demonstration project.
       (f) Coordination of Projects.--The Attorney General, may, 
     if appropriate, include in the Reentry Center Demonstration 
     project offenders who participated in the Enhanced In-Prison 
     Vocational Assessment and Training Demonstration project 
     established by section 105 of this Act.

     SEC. 102. FEDERAL HIGH-RISK OFFENDER REENTRY DEMONSTRATION.

       (a) Authority and Establishment of Demonstration Project.--
     From funds made available to carry out this Act, the Director 
     of the Administrative Office of the United States Courts, in 
     consultation with the Attorney General, shall establish the 
     Federal High-Risk Offender Reentry Demonstration project. The 
     project shall involve Federal offenders under supervised 
     release who have previously violated the terms of their 
     release following a term of imprisonment and shall utilize, 
     as appropriate and indicated, community corrections 
     facilities, home confinement, appropriate monitoring 
     technologies, and treatment and programming to promote more 
     effective reentry into the community.
       (b) Project Elements.--The project authorized by subsection 
     (a) shall include--
       (1) participation by Federal prisoners who have previously 
     violated the terms of their release following a term of 
     imprisonment;
       (2) use of community corrections facilities and home 
     confinement that, together with the technology referenced in 
     paragraph (5), will be part of a system of graduated levels 
     of supervision;
       (3) substance abuse treatment and aftercare, mental and 
     medical health treatment and aftercare, vocational and 
     educational training, life skills instruction, conflict 
     resolution skills training, batterer intervention programs, 
     and other programming to promote effective reintegration into 
     the community as appropriate;
       (4) involvement of a victim advocate and the family of the 
     prisoner, if it is safe for the victim(s), especially in 
     domestic violence cases, to be involved;
       (5) the use of monitoring technologies, as appropriate and 
     indicated, to monitor and supervise participating offenders 
     in the community;
       (6) a description of the methodology and outcome measures 
     that will be used to evaluate the program; and
       (7) notification to victims on the status and nature of a 
     prisoner's reentry plan.
       (c) Mandatory Condition of Supervised Release.--In each of 
     the judicial districts in which the demonstration project is 
     in effect, appropriate offenders who are found to have 
     violated a previously imposed term of supervised release and 
     who will be subject to some additional term of supervised 
     release, shall be designated to participate in the 
     demonstration project. With respect to these offenders, the 
     court shall impose additional mandatory conditions of 
     supervised release that each offender shall, as directed by 
     the probation officer, reside at a community corrections 
     facility or participate in a program of home confinement, or 
     both, and submit to appropriate monitoring, and otherwise 
     participate in the project.
       (d) Project Duration.--The Federal High-Risk Offender 
     Reentry Demonstration shall begin not later than six months 
     following the availability of funds to carry out this 
     section, and shall last 3 years. The Director of the 
     Administrative Office of the United States Courts may extend 
     the project for a period of up to six months to enable 
     participating prisoners to complete their involvement in the 
     project.
       (e) Selection of Districts.--The Judicial Conference of the 
     United States, in consultation with the Attorney General, 
     shall select an appropriate number of Federal judicial 
     districts in which to carry out the Federal High-Risk 
     Offender Reentry Demonstration project.

     SEC. 103. DISTRICT OF COLUMBIA INTENSIVE SUPERVISION, 
                   TRACKING, AND REENTRY TRAINING (DC ISTART) 
                   DEMONSTRATION.

       (a) Authority and Establishment of Demonstration Project.--
     From funds made available to carry out this Act, the Trustee 
     of the Court Services and Offender Supervision Agency of the 
     District of Columbia, as authorized by the National Capital 
     Revitalization and Self Government Improvement Act of 1997 
     (Public Law 105-33; 111 Stat. 712) shall establish the 
     District of Columbia Intensive Supervision, Tracking and 
     Reentry Training Demonstration (DC iSTART) project. The 
     project shall involve high risk District of Columbia parolees 
     who would otherwise be released into the community without a 
     period of confinement in a community corrections facility and 
     shall utilize intensive supervision, monitoring, and 
     programming to promote such parolees' successful reentry into 
     the community.
       (b) Project Elements.--The project authorized by subsection 
     (a) shall include--
       (1) participation by appropriate high risk parolees;
       (2) use of community corrections facilities and home 
     confinement;
       (3) a Reentry Review Team that includes a victim witness 
     professional for each parolee which shall meet with the 
     parolee--by video conference or other means as appropriate--
     before the parolee's release from the custody of the Federal 
     Bureau of Prisons to develop a reentry plan that incorporates 
     victim impact information and is tailored to the needs of the 
     parolee and which will thereafter meet regularly to monitor 
     the parolee's progress toward reentry and coordinate access 
     to appropriate reentry measures and resources;
       (4) regular drug testing, as appropriate;
       (5) a system of graduated levels of supervision within the 
     community corrections facility to promote community safety, 
     encourage victim restitution, provide incentives for 
     prisoners to complete the reentry plan, and provide a 
     reasonable method for immediately sanctioning a prisoner's 
     minor or technical violation of the conditions of 
     participation in the project;
       (6) substance abuse treatment and aftercare, mental and 
     medical health treatment and aftercare, vocational and 
     educational training, life skills instruction, conflict 
     resolution skills training, batterer

[[Page S7480]]

     intervention programs, assistance obtaining suitable 
     affordable housing, and other programming to promote 
     effective reintegration into the community as needed and 
     indicated;
       (7) the use of monitoring technologies, as appropriate;
       (8) to the extent practicable, the recruitment and 
     utilization of local citizen volunteers, including volunteers 
     from the faith-based communities, to serve as advisers and 
     mentors to prisoners being released into the community; and
       (9) notification to victims on the status and nature of a 
     prisoner's reentry plan.
       (c) Mandatory Condition of Parole.--For those offenders 
     eligible to participate in the demonstration project, the 
     United States Parole Commission shall impose additional 
     mandatory conditions of parole such that the offender when on 
     parole shall, as directed by the community supervision 
     officer, reside at a community corrections facility or 
     participate in a program of home confinement, or both, submit 
     to electronic and other remote monitoring, and otherwise 
     participate in the project.
       (d) Program Duration.--The District of Columbia Intensive 
     Supervision, Tracking and Reentry Training Demonstration 
     shall begin not later than 6 months following the 
     availability of funds to carry out this section, and shall 
     last 3 years. The Trustee of the Court Services and Offender 
     Supervision Agency of the District of Columbia may extend the 
     project for a period of up to 6 months to enable 
     participating prisoners to complete their involvement in the 
     project.

     SEC. 104. FEDERAL INTENSIVE SUPERVISION, TRACKING, AND 
                   REENTRY TRAINING (FED ISTART) DEMONSTRATION.

       (a) Authority and Establishment of Demonstration Project.--
     From funds made available to carry out this section, the 
     Director of the Administrative Office of the United States 
     Courts shall establish the Federal Intensive Supervision, 
     Tracking and Reentry Training Demonstration (FED iSTART) 
     project. The project shall involve appropriate high risk 
     Federal offenders who are being released into the community 
     without a period of confinement in a community corrections 
     facility.
       (b) Project Elements.--The project authorized by subsection 
     (a) shall include--
       (1) participation by appropriate high risk Federal 
     offenders;
       (2) significantly smaller caseloads for probation officers 
     participating in the demonstration project;
       (3) substance abuse treatment and aftercare, mental and 
     medical health treatment and aftercare, vocational and 
     educational training, life skills instruction, conflict 
     resolution skills training, batterer intervention programs, 
     assistance obtaining suitable affordable housing, and other 
     programming to promote effective reintegration into the 
     community as needed; and
       (4) notification to victims on the status and nature of a 
     prisoner's reentry plan.
       (c) Program Duration.--The Federal Intensive Supervision, 
     Tracking and Reentry Training Demonstration shall begin not 
     later than 6 months following the availability of funds to 
     carry out this section, and shall last 3 years. The Director 
     of the Administrative Office of the United States Courts may 
     extend the project for a period of up to six months to enable 
     participating prisoners to complete their involvement in the 
     project.
       (d) Selection of Districts.--The Judicial Conference of the 
     United States, in consultation with the Attorney General, 
     shall select an appropriate number of Federal judicial 
     districts in which to carry out the Federal Intensive 
     Supervision, Tracking and Reentry Training Demonstration 
     project.

     SEC. 105. FEDERAL ENHANCED IN-PRISON VOCATIONAL ASSESSMENT 
                   AND TRAINING AND DEMONSTRATION.

       (a) Authority and Establishment of Demonstration Project.--
     From funds made available to carry out this section, the 
     Attorney General shall establish the Federal Enhanced In-
     Prison Vocational Assessment and Training Demonstration 
     project in selected institutions. The project shall provide 
     in-prison assessments of prisoners' vocational needs and 
     aptitudes, enhanced work skills development, enhanced release 
     readiness programming, and other components as appropriate to 
     prepare Federal prisoners for release and reentry into the 
     community.
       (b) Program Duration.--The Enhanced In-Prison Vocational 
     Assessment and Training Demonstration shall begin not later 
     than six months following the availability of funds to carry 
     out this section, and shall last 3 years. The Attorney 
     General may extend the project for a period of up to 6 months 
     to enable participating prisoners to complete their 
     involvement in the project.

     SEC. 106. RESEARCH AND REPORTS TO CONGRESS.

       (a) Attorney General.--Not later than 2 years after the 
     enactment of this Act, the Attorney General shall report to 
     Congress on the progress of the demonstration projects 
     authorized by sections 101 and 105 of this Act. Not later 
     than 1 year after the end of the demonstration projects 
     authorized by sections 101 and 105 of this Act, the Director 
     of the Federal Bureau of Prisons shall report to Congress on 
     the effectiveness of the reentry projects authorized by 
     sections 101 and 105 of this Act on post-release outcomes and 
     recidivism. The report shall address post-release outcomes 
     and recidivism for a period of 3 years following release from 
     custody. The reports submitted pursuant to this section shall 
     be submitted to the Committees on the Judiciary in the House 
     of Representatives and the Senate.
       (b) Administrative Office of the United States Courts.--Not 
     later than 2 years after the enactment of this Act, Director 
     of the Administrative Office of the United States Courts 
     shall report to Congress on the progress of the demonstration 
     projects authorized by sections 102 and 104 of this Act. Not 
     later than 180 days after the end of the demonstration 
     projects authorized by sections 102 and 104 of this Act, the 
     Director of the Administrative Office of the United States 
     Courts shall report to Congress on the effectiveness of the 
     reentry projects authorized by sections 102 and 104 of this 
     Act on post-release outcomes and recidivism. The report 
     should address post-release outcomes and recidivism for a 
     period of 3 years following release from custody. The reports 
     submitted pursuant to this section shall be submitted to the 
     Committees on the Judiciary in the House of Representatives 
     and the Senate.
       (c) DC ISTART.--Not later than 2 years after the enactment 
     of this Act, the Executive Director of the corporation or 
     institute authorized by section 11281(2) of the National 
     Capital Revitalization and Self-Government Improvement Act of 
     1997 (Pub. Law 105-33; 111 Stat. 712) shall report to 
     Congress on the progress of the demonstration project 
     authorized by section 6 of this Act. Not later than 1 year 
     after the end of the demonstration project authorized by 
     section 103 of this Act, the Executive Director of the 
     corporation or institute authorized by section 11281(2) of 
     the National Capital Revitalization and Self-Government 
     Improvement Act of 1997 (Pub. Law 105-33; 111 Stat. 712) 
     shall report to Congress on the effectiveness of the reentry 
     project authorized by section 103 of this Act on post-release 
     outcomes and recidivism. The report shall address post-
     release outcomes and recidivism for a period of three years 
     following release from custody. The reports submitted 
     pursuant to this section shall be submitted to the Committees 
     on the Judiciary in the House of Representatives and the 
     Senate. In the event that the corporation or institute 
     authorized by section 11281(2) of the National Capital 
     Revitalization and Self-Government Improvement Act of 1997 
     (Pub. Law 105-33; 111 Stat. 712) is not in operation 1 year 
     after the enactment of this Act, the Director of National 
     Institute of Justice shall prepare and submit the reports 
     required by this section and may do so from funds made 
     available to the Court Services and Offender Supervision 
     Agency of the District of Columbia, as authorized by the 
     National Capital Revitalization and Self-Government 
     Improvement Act of 1997 (Pub. Law 105-33; 111 Stat. 712) to 
     carry out this Act.

     SEC. 107. DEFINITIONS.

       In this title:
       (1) the term ``appropriate prisoner'' means a person who is 
     considered by prison authorities--
       (A) to pose a medium to high risk of committing a criminal 
     act upon reentering the community, and
       (B) to lack the skills and family support network that 
     facilitate successful reintegration into the community; and
       (2) the term ``appropriate high risk parolees'' means 
     parolees considered by prison authorities--
       (A) to pose a medium to high risk of committing a criminal 
     act upon reentering the community; and
       (B) to lack the skills and family support network that 
     facilitate successful reintegration into the community.

     SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

       To carry out this Act, there are authorized to be 
     appropriated, to remain available until expended, the 
     following amounts:
       (1) To the Federal Bureau of Prisons--
       (A) $1,375,000 for fiscal year 2001;
       (B) $1,110,000 for fiscal year 2002;
       (C) $1,130,000 for fiscal year 2003;
       (D) $1,155,000 for fiscal year 2004; and
       (E) $1,230,000 for fiscal year 2005.
       (2) To the Federal Judiciary--
       (A) $3,380,000 for fiscal year 2001;
       (B) $3,540,000 for fiscal year 2002;
       (C) $3,720,000 for fiscal year 2003;
       (D) $3,910,000 for fiscal year 2004; and
       (E) $4,100,000 for fiscal year 2005.
       (3) To the Court Services and Offender Supervision Agency 
     of the District of Columbia, as authorized by the National 
     Capital Revitalization and Self-Government Improvement Act of 
     1997 (Pub. Law 105-33; 111 Stat. 712)--
       (A) $4,860,000 for fiscal year 2001;
       (B) $4,510,000 for fiscal year 2002;
       (C) $4,620,000 for fiscal year 2003;
       (D) $4,740,000 for fiscal year 2004; and
       (E) $4,860,000 for fiscal year 2005.

                 TITLE II--STATE REENTRY GRANT PROGRAMS

     SEC. 201. AMENDMENTS TO THE OMNIBUS CRIME CONTROL AND SAFE 
                   STREETS ACT OF 1968.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) as amended, 
     is amended--
       (1) by redesignating part Z as part AA;
       (2) by redesignating section 2601 as section 2701; and
       (3) by inserting after part Y the following new part:
       ``PART Z OFFENDER REENTRY AND COMMUNITY SAFETY

     ``SEC. 2601. ADULT OFFENDER STATE AND LOCAL REENTRY 
                   PARTNERSHIPS.

       ``(a) Grant Authorization.--The Attorney General shall make 
     grants of up to $1,000,000

[[Page S7481]]

     to States, Territories, and Indian tribes, in partnership 
     with units of local government and nonprofit organizations, 
     for the purpose of establishing adult offender reentry 
     demonstration projects. Funds may be expended by the projects 
     for the following purposes:
       ``(1) oversight/monitoring of released offenders;
       ``(2) providing returning offenders with drug and alcohol 
     testing and treatment and mental health assessment and 
     services;
       ``(3) convening community impact panels, victim impact 
     panels or victim impact educational classes;
       ``(4) providing and coordinating the delivery of other 
     community services to offenders such as housing assistance, 
     education, employment training, conflict resolution skills 
     training, batterer intervention programs, and other social 
     services as appropriate; and
       ``(5) establishing and implementing graduated sanctions and 
     incentives.
       ``(b) Submission of Application.--In addition to any other 
     requirements that may be specified by the Attorney General, 
     an application for a grant under this subpart shall--
       ``(1) describe a long-term strategy and detailed 
     implementation plan, including how the jurisdiction plans to 
     pay for the program after the Federal funding ends;
       ``(2) identify the governmental and community agencies that 
     will be coordinated by this project;
       ``(3) certify that there has been appropriate consultation 
     with all affected agencies and there will be appropriate 
     coordination with all affected agencies in the implementation 
     of the program, including existing community corrections and 
     parole; and
       ``(4) describe the methodology and outcome measures that 
     will be used in evaluating the program.
       ``(c) Applicants.--The applicants as designated under 
     2601(a)--
       ``(1) shall prepare the application as required under 
     subsection 2601(b); and
       ``(2) shall administer grant funds in accordance with the 
     guidelines, regulations, and procedures promulgated by the 
     Attorney General, as necessary to carry out the purposes of 
     this part.
       ``(d) Matching Funds.--The Federal share of a grant 
     received under this title may not exceed 25 percent of the 
     costs of the project funded under this title unless the 
     Attorney General waives, wholly or in part, the requirements 
     of this section.
       ``(e) Reports.--Each entity that receives a grant under 
     this part shall submit to the Attorney General, for each year 
     in which funds from a grant received under this part is 
     expended, a report at such time and in such manner as the 
     Attorney General may reasonably require that contains:
       ``(1) a summary of the activities carried out under the 
     grant and an assessment of whether such activities are 
     meeting the needs identified in the application funded under 
     this part; and
       ``(2) such other information as the Attorney General may 
     require.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $40,000,000 in fiscal years 2001 
     and 2002; and such sums as may be necessary for each of the 
     fiscal years 2003, 2004, and 2005.
       ``(2) Limitations.--Of the amount made available to carry 
     out this section in any fiscal year--
       ``(A) not more than 2 percent or less than 1 percent may be 
     used by the Attorney General for salaries and administrative 
     expenses; and
       ``(B) not more than 3 percent or less than 2 percent may be 
     used for technical assistance and training.

     ``SEC. 2602. STATE AND LOCAL REENTRY COURTS.

       ``(a) Grant Authorization.--The Attorney General shall make 
     grants of up to $500,000 to State and local courts or state 
     agencies, municipalities, public agencies, nonprofit 
     organizations, and tribes that have agreements with courts to 
     take the lead in establishing a reentry court. Funds may be 
     expended by the projects for the following purposes:
       ``(1) monitoring offenders returning to the community;
       ``(2) providing returning offenders with drug and alcohol 
     testing and treatment and mental and medical health 
     assessment and services;
       ``(3) convening community impact panels, victim impact 
     panels, or victim impact educational classes;
       ``(4) providing and coordinating the delivery of other 
     community services to offenders, such as housing assistance, 
     education, employment training, conflict resolution skills 
     training, batterer intervention programs, and other social 
     services as appropriate; and
       ``(5) establishing and implementing graduated sanctions and 
     incentives.
       ``(b) Submission of Application.--In addition to any other 
     requirements that may be specified by the Attorney General, 
     an application for a grant under this subpart shall--
       ``(1) describe a long-term strategy and detailed 
     implementation plan, including how the jurisdiction plans to 
     pay for the program after the Federal funding ends;
       ``(2) identify the governmental and community agencies that 
     will be coordinated by this project;
       ``(3) certify that there has been appropriate consultation 
     with all affected agencies, including existing community 
     corrections and parole, and there will be appropriate 
     coordination with all affected agencies in the implementation 
     of the program;
       ``(4) describe the methodology and outcome measures that 
     will be used in evaluation the program.
       ``(c) Applicants.--The applicants as designated under 
     2602(a)--
       ``(1) shall prepare the application as required under 
     subsection 2602(b); and
       ``(2) shall administer grant funds in accordance with the 
     guidelines, regulations, and procedures promulgated by the 
     Attorney General, as necessary to carry out the purposes of 
     this part.
       ``(d) Matching Funds.--The Federal share of a grant 
     received under this title may not exceed 25 percent of the 
     costs of the project funded under this title unless the 
     Attorney General waives, wholly or in part, the requirements 
     of this section.
       ``(e) Reports.--Each entity that receives a grant under 
     this part shall submit to the Attorney General, for each year 
     in which funds from a grant received under this part is 
     expended, a report at such time and in such manner as the 
     Attorney General may reasonably require that contains:
       ``(1) a summary of the activities carried out under the 
     grant and an assessment of whether such activities are 
     meeting the needs identified in the application funded under 
     this part; and
       ``(2) such other information as the Attorney General may 
     require.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $10,000,000 in fiscal years 2001 
     and 2002, and such sums as may be necessary for each of the 
     fiscal years 2003, 2004, and 2005.
       ``(2) Limitations.--Of the amount made available to carry 
     out this section in any fiscal year--
       ``(A) not more than 2 percent or less than 1 percent may be 
     used by the Attorney General for salaries and administrative 
     expenses; and
       ``(B) not more than 3 percent or less than 2 percent may be 
     used for technical assistance and training.

     ``SEC. 2603. JUVENILE OFFENDER STATE AND LOCAL REENTRY 
                   PROGRAMS.

       ``(a) Grant Authorization.--The Attorney General shall make 
     grants of up to $250,000 to States, in partnership with local 
     units of governments or nonprofit organizations, for the 
     purpose of establishing juvenile offender reentry programs. 
     Funds may be expended by the projects for the following 
     purposes:
       ``(1) providing returning juvenile offenders with drug and 
     alcohol testing and treatment and mental and medical health 
     assessment and services;
       ``(2) convening victim impact panels, restorative justice 
     panels, or victim impact educational classes for juvenile 
     offenders;
       ``(3) oversight/monitoring of released juvenile offenders; 
     and
       ``(4) providing for the planning of reentry services when 
     the youth is initially incarcerated and coordinating the 
     delivery of community-based services, such as education, 
     conflict resolution skills training, batterer intervention 
     programs, employment training and placement, efforts to 
     identify suitable living arrangements, family involvement and 
     support, and other services.
       ``(b) Submission of Application.--In addition to any other 
     requirements that may be specified by the Attorney General, 
     an application for a grant under this subpart shall--
       ``(1) describe a long-term strategy and detailed 
     implementation plan, including how the jurisdiction plans to 
     pay for the program after the Federal funding ends;
       ``(2) identify the governmental and community agencies that 
     will be coordinated by this project;
       ``(3) certify that there has been appropriate consultation 
     with all affected agencies and there will be appropriate 
     coordination with all affected agencies, including existing 
     community corrections and parole, in the implementation of 
     the program;
       ``(4) describe the methodology and outcome measures that 
     will be used in evaluating the program.
       ``(c) Applicants.--The applicants as designated under 
     2603(a)--
       ``(1) shall prepare the application as required under 
     subsection 2603(b); and
       ``(2) shall administer grant funds in accordance with the 
     guidelines, regulations, and procedures promulgated by the 
     Attorney General, as necessary to carry out the purposes of 
     this part.
       ``(d) Matching Funds.--The Federal share of a grant 
     received under this title may not exceed 25 percent of the 
     costs of the project funded under this title unless the 
     Attorney General waives, wholly or in part, the requirements 
     of this section.
       ``(e) Reports.--Each entity that receives a grant under 
     this part shall submit to the Attorney General, for each year 
     in which funds from a grant received under this part is 
     expended, a report at such time and in such manner as the 
     Attorney General may reasonably require that contains:
       ``(1) a summary of the activities carried out under the 
     grant and an assessment of whether such activities are 
     meeting the needs identified in the application funded under 
     this part; and
       ``(2) such other information as the Attorney General may 
     require.
       ``(f) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $5,000,000 in fiscal years 2001 and 
     2002, and such sums as are necessary for each of the fiscal 
     years 2003, 2004, and 2005.
       ``(2) Limitations.--Of the amount made available to carry 
     out this section in any fiscal year--

[[Page S7482]]

       ``(A) not more than 2 percent or less than 1 percent may be 
     used by the Attorney General for salaries and administrative 
     expenses; and
       ``(B) not more than 3 percent or less than 2 percent may be 
     used for technical assistance and training.

     ``SEC. 2604. STATE REENTRY PROGRAM RESEARCH, DEVELOPMENT, AND 
                   EVALUATION.

       ``(a) Grant Authorization.--The Attorney General shall make 
     grants to conduct research on a range of issues pertinent to 
     reentry programs, the development and testing of new reentry 
     components and approaches, selected evaluation of projects 
     authorized in the preceding sections, and dissemination of 
     information to the field.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $5,000,000 in fiscal years 2001 and 2002, and such sums as 
     are necessary to carry out this section in fiscal years 2003, 
     2004, and 2005.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Street Act of 1968 (42 
     U.S.C. 3711 et seq.), as amended, is amended by striking the 
     matter relating to part Z and inserting the following:

           ``Part Z Offender Reentry and Community Safety Act

``Sec. 2601. Adult Offender State and Local Reentry Partnerships.
``Sec. 2602. State and Local Reentry Courts.
``Sec. 2603. Juvenile Offender State and Local Reentry Programs.
``Sec. 2604. State Reentry Program Research and Evaluation.

            ``Part AA--Transition--Effective Date--Repealer

``Sec. 2701. Continuation of rules, authorities, and proceedings.''.

TITLE III--SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS REAUTHORIZATION

     SEC. 301. SUBSTANCE ABUSE TREATMENT IN FEDERAL PRISONS 
                   REAUTHORIZATION.

       Section 3621(e)(4) of title 18, United States Code, is 
     amended by striking subparagraph (E) and inserting the 
     following:
       ``(E) $31,000,000 for fiscal year 2000; and
       ``(F) $38,000,000 for fiscal year 2001.''.

  TITLE IV--RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS 
                            REAUTHORIZATION

     SEC. 401. REAUTHORIZATION.

       Paragraph (17) of section 1001(a) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(a)(17)) is amended to read as follows:
       ``(17) There are authorized to be appropriated to carry out 
     part S $100,000,000 for fiscal year 2001 and such sums as may 
     be necessary for fiscal years 2002 through 2006.''.

     SEC. 402. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS 
                   TO PROVIDE FOR SERVICES DURING AND AFTER 
                   INCARCERATION.

       Section 1901 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796ff) is amended by 
     adding at the end the following:
       ``(c) Additional Use of Funds.--States that demonstrate 
     that they have existing in-prison drug treatment programs 
     that are in compliance with Federal requirements may use 
     funds awarded under this part for treatment and sanctions 
     both during incarceration and after release.''.
                                 ______
                                 
      By Mr. FITZGERALD:
  S. 2909. A bill to permit landowners to assert otherwise-available 
state law defenses against property claims by Indian tribes; to the 
Committee on Indian Affairs.


     landowners defenses against property claims by Indian tribes 
                              legislation

  Mr. FITZGERALD. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2909

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
       Subchapter 1 of Chapter 6 of Title 25 is amended by 
     inserting as Sec. 210 the following:

     SECTION 1. DEFENSES TO INDIAN CLAIMS.

       Except as provided in Section 2, in any action, or claim by 
     or on behalf of an Indian tribe to enforce a real-property 
     right, or otherwise asserting a claim of Indian title or 
     right, the defendant may assert any affirmative defense that 
     would be available under state law to a defendant opposing an 
     analogous action or claim that does not involve an Indian 
     tribe.

     SEC. 2. EXCEPTION FOR GOVERNMENTAL DEFENDANTS.

       Section 1 shall not apply to any action or claim against a 
     governmental entity with respect to land that is located 
     within sovereign Indian country.

     SEC. 3. RULES OF CONSTRUCTION.

       (a) Excepts as provided in subsection (b), this Act shall 
     be construed and applied without regard to the interpretive 
     judicial canon that remaining ambiguities should be resolved 
     in favor of the Indians when standard tools of statutory 
     construction leave no indication as to the meaning of an 
     Indian treaty or statute.
       (b) Exception.--Subsection (a) shall not apply to judicial 
     interpretation of an Indian treaty with respect to a 
     determination of whether land was reserved or set aside by 
     the federal government for the use of an Indian tribe as 
     Indian land.

     SEC. 4. DEFINITIONS.

       (1) The term ``Indian tribe,'' as used in this Act, means 
     any tribe, band, nation, pueblo, village, or community that 
     is recognized by the Secretary of the Interior pursuant to 
     section 102 of the Federally Recognized Indian Tribe List Act 
     of 1994 (25 U.S.C. Sec. 479a).
       (2) The term ``sovereign Indian country'' means land--
       (A) that is rightfully owned by, or is held in trust by the 
     federal government for, an Indian tribe;
       (B) that was reserved or set aside for the use of the 
     Indian tribe as Indian land by the federal government, and is 
     either--
       (i) outside the exterior geographical limits of any State; 
     or
       (ii) within the exterior geographical limits of a State 
     that subsequently either--
       (A) acknowledged Indian title to the land involved when the 
     land was made a part of the State, if that State be one of 
     the original 13 States to form the United States; or
       (B) provided, either in the Act providing for the State's 
     admission to the United States or in the State's first 
     constitution, that all lands held by Indians within the State 
     shall remain under the jurisdiction and control of the United 
     States, in accordance with Article I, Section 8, clause 17 of 
     the Constitution of the United States, if that State were 
     admitted to the United States after 1790; and
       (C) for which the Indian title has not been extinguished or 
     the jurisdiction reservation revoked.

     SEC. 5. ATTORNEYS FEES.

       (a) Except as provided in subsection (b), in any action or 
     proceeding that is subject to this Act, the court shall allow 
     the prevailing party a reasonable attorney's fee with respect 
     to a claim presented by the opposing party that was 
     frivolous, unreasonable, or without foundation, or that the 
     opposing party continued to litigate after it clearly became 
     so.
       (1) A claim shall be deemed legally frivolous, 
     unreasonable, or without foundation only if it rests upon a 
     legal theory that was clearly unavailable under existing case 
     law.
       (2) A claim shall be deemed factually frivolous, 
     unreasonable, or without foundation only if its proponent 
     knew or should have know of those facts that would require 
     judgment for the opposing party as a matter of law.
       (b) Exception.--No attorney's fee shall be assessed under 
     subsection (a) against an Indian tribe seeking to enforce a 
     right to an interest in land if the court determines that the 
     land involved is located within sovereign Indian country.

     SEC. 6. TIMING OF APPLICATION.

       This Act shall apply to any action, claim, or right 
     described in Section 1 that is pending, filed, or continuing 
     on or after the date of the enactment of this Act, other than 
     a final money-damages judgment to which no one has a right to 
     raise a challenge by any available procedure.

                          ____________________