[Congressional Record Volume 150, Number 126 (Thursday, October 7, 2004)]
[Senate]
[Pages S10717-S10725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. Specter, Mr. Bingaman, and Ms. 
        Landrieu):
  S. 2923. A bill to reauthorize the grant program of the Department of 
Justice for reentry of offenders into the community, to establish a 
task force on Federal programs and activities relating to the reentry 
of offenders into the community, and for other purposes; to the 
Committee on the Judiciary.
  Mr. BIDEN. Mr. President, Senator Specter and I introduce today the 
Enhanced Second Chance Act of 2004, which takes direct aim at reducing 
recidivism rates for our Nation's ex-offenders and improving the 
transition for these offenders from prison back into the community.
  All too often we think about today, but not tomorrow. We look to 
short-term solutions for long- term problems. We need to have a change 
in thinking and approach. It's time we face the dire situation of 
prisoners reentering our communities with insufficient monitoring, 
little or no job skills, inadequate drug treatment, insufficient 
housing, lack of positive influences, a paucity of basic physical and 
mental health services, and deficient basic life skills.
  The bill we introduce today is about providing a second chance for 
these ex-offenders, and the children and families that depend on them. 
It's about strengthening communities and ensuring safe neighborhoods.
  Since my 1994 Crime Bill passed, we've had great success in cutting 
down on crime rates in this country. Under the Community Oriented 
Policing Services (COPS) program, we've funded over 114,000 officers 
all across the country. And our crime rate has plummeted. Murder is 
down 37.8 percent, rape 19.1 percent, and aggravated assaults 28 
percent. The overall crime rate sharply declined by 28 percent.
  But now, we are seeing some troubling indicators that crime is back 
on the rise. Murder was up 2.5 percent in 2001, 1 percent in 2002, and 
1.3 percent in 2003. Forcible rape is up as is robbery. Car theft is up 
10 percent over the last four years.
  If we are going to ensure that these latest numbers are only a blip 
on the continued downward trend of crime rates, as opposed to the 
beginning of a comeback in crime, we simply have to make strong, 
concerted, and common-sense efforts now to help ex-prisoners 
successfully reenter and reintegrate into their communities.
  There's a record number of people currently serving time in our 
country--over two million. This translates into 1 out of every 143 U.S. 
residents. In its latest statistics on the matter, the Bureau of 
Justice Statistics found that the Nation's overall prison population 
increased by over 40,000 from midyear 2002 to midyear 2003, the largest 
increase in 4 years.
  Also vital to realize is that 95 percent of all these millions we 
lock up will eventually get out. That equals nearly 650,000 being 
released from Federal or State prisons to communities each year. In a 
State like Delaware, that's over 4,000 inmates per year. And here's the 
kicker--a staggering \2/3\ of these released state prisoners are 
expected to be rearrested for a felony or serious misdemeanor within 3 
years of release. Two out of every three! You're talking about hundreds 
of thousands of reoffending ex-offenders each year and hundreds of 
thousands of serious crimes being committed by people who have already 
served time in jail.
  And, unfortunately, it's not too difficult to see why such a huge 
portion of our released prisoners recommit serious crimes. Up to 60 
percent of former inmates are not employed; 15 to 27 percent of 
prisoners expect to go to homeless shelters upon release; and 57 
percent of Federal and 70 percent of State inmates used drugs regularly 
before prison, with some estimates of involvement with drugs or alcohol 
around the time of the offense as high as 84 percent.
  These huge numbers of released prisoners each year and the out-of-
control recidivism rates are a recipe for disaster--leading to untold 
damage, hardship, and death for victims; ruined futures and lost 
potential for re-offenders; and a huge drain on society at large. One 
particularly vulnerable group is the children of these offenders. We 
simply cannot be resigned to allowing generation after generation 
entering and reentering our prisons. This pernicious cycle must come to 
an end.
  My 1994 Crime Bill recognized these extraordinarily high rates of 
recidivism as a real problem. My bill, for example, created innovative 
drug treatment programs for State and Federal inmates to help them kick 
their habit.
  But this is only one piece of the puzzle. I introduced a bill in 2000 
that would have built on my 1994 Crime Bill--the ``Offender Reentry and 
Community Safety Act of 2000'', S. 2908. This bill would have created 
demonstration reentry programs for Federal, State, and local prisoners. 
These programs were designed to assist high-risk, high-need offenders 
who served their prison 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 health services they need 
to successfully reintegrate into society.
  Senator Specter has also been a dedicated and tireless leader on 
crime and public safety issues throughout his career and has, for many 
years, seen the serious public safety ramifications of high recidivism 
rates. For example, my colleague from Pennsylvania has been the leader 
on the effort to ensure that offenders who are being released back into 
our communities have adequate education and work training to become 
productive members of our society. I couldn't be more pleased than to 
join efforts with Senator Specter on the Enhanced Second Chance Act of 
2004.
  While we have made some progress on offender reentry efforts since 
1994, much more needs to be done. In the current session of Congress, I 
am pleased that colleagues of mine--from both sides of Capitol Hill and 
from both sides of the aisle--are also focusing their attention on this 
vital issue.
  I am proud to have worked with Representatives Rob Portman, Danny 
Davis, and John Conyers, just to name a few, in the House or 
Representatives. In the Senate, a number of my colleagues, in addition 
to Senator Specter, have shown strong interest in offender reentry 
issues, including Senators Brownback, DeWine, Leahy, Kennedy, Landrieu, 
Bingaman, Hatch, Grassley, and Santorum.

[[Page S10718]]

  The Second Chance Act of 2004 was introduced in the House and Senate 
recently, and I was proud to have worked extensively on that 
bipartisan, bicameral process. The bill Senator Specter and I introduce 
today builds on those efforts. Like the Second Chance Act, the central 
component of our bill provides a competitive grant program to promote 
innovative programs to test out a variety of methods aimed at reducing 
recidivism rates. Efforts would be focused on post-release housing, 
education and job training, substance abuse and mental health services, 
and mentoring programs, just to name a few.

  Because the scope of the problem is so large--with 650,000 prisoners 
being released from state and federal prisons each year--our bill 
provides more than three times as much funding than the House bill. 
While the House bill contains $40 million per year for the main grant 
program, our bill provides $130 million. This isn't being wasteful with 
our scarce federal resources, it's just an acknowledgment of the scope 
of the problem we're faced with.
  A relatively modest investment in offender reentry efforts compares 
very well with the alternative, building more and more prisons for 
these ex-offenders to return to if they are unable to successfully 
reenter their communities and instead are rearrested and reconvicted of 
more crimes. We must remember that the average cost of incarcerating 
each prisoner exceeds $20,000 per year. In Delaware, this translates 
into over $200 per resident just to pay for jail and prison operating 
expenses.
  In constant 2001 dollars, state prison costs in our country have 
increased from $11.7 billion per year in 1986 to $29.5 billion in 2001. 
And even with these kinds of resources being spent, by the end of 2002, 
25 States and the Federal prison system reported operating at 100 
percent or more of their highest capacity. My own home State of 
Delaware continues to see a prison system bulging at the seams. We have 
tried, but simply cannot build our way out of this problem. We need 
tough--but smart--strategies to stop the revolving door of prisoners 
being released from prison, only to re-offend and land right back 
behind bars. We simply can't be penny-wise but pound-foolish.
  The Enhanced Second Chance Act of 2004 also requires that Federal 
departments with a role in offender reentry efforts coordinate and work 
together; to make sure there aren't duplicative efforts or funding 
gaps; and to coordinate reentry research. Our bill would raise the 
profile of this issue within the executive branch and secure the 
sustained and coordinated federal attention offender reentry efforts 
deserve.
  We also need to examine existing Federal and state reentry barriers--
laws, regulations, rules, and practices that make it more difficult for 
former inmates to successfully reintegrate back into their communities; 
laws that confine ex-offenders to society's margins, making it even 
more likely that they will recommit serious crimes and return to 
prison.
  Turning over a new leaf and going from a life of crime to becoming a 
productive member of society is tough enough. We shouldn't have Federal 
and State laws on the books that make this even more challenging. 
That's not to say that we don't want to restrict former drug addicts 
from working in pharmacies, for example, or to bar sex offenders from 
working in day care centers. But many communities across the country 
currently exclude ex-prisoners from virtually every occupation 
requiring a state license, like chiropractic care, engineering, and 
real estate. Lifting these senselessly punitive bans would make it 
easier for ex-offenders to stay out of prison.
  Our bill provides for a robust analysis of these Federal and State 
barriers with recommendations on what next steps we need to take. And 
these reviews are mandated to take place out in the open under public 
scrutiny.
  The Enhanced Second Chance Act also spurs state-of-the-art research 
and study on offender reentry issues. We need to know who is most 
likely to recommit crimes when they are released, to better target our 
limited resources where they can do the most good. We need to study why 
some ex-offenders who seem to have the entire deck stacked against them 
are able to become successful and productive members of our society. We 
need to know what works and how we can replicate what works for others.
  Our bill also provides a whole slew of common-sense proposals in the 
areas of job training, employment, education, post-release housing, 
civic rights, substance abuse, and prisoner mentoring--efforts and 
changes in law that we can do now. Some of these important provisions 
are included in the House bill, others are in addition to those 
efforts, but all are common-sense efforts in the art of the possible. 
Our goal is to do as much as possible right now.
  Our Enhanced Second Chance Act is a next, natural step in our 
campaign against crime. Making a dent in recidivism rates is an 
enormous undertaking; one that requires action now and continued focus 
in the future. I commit to vigorously pushing this legislation as well 
as keeping an eye on what steps we need to take in the future. We need 
to realize that the problems facing ex-offenders are enormous and 
require sustained focus. The safety of our neighbors, our children, and 
our communities depends on it.
  I'm proud today to introduce the Enhanced Second Chance Act with 
Senator Specter and ask our colleagues to join with us in this vital 
effort.
  I ask unanimous consent to have the text of our bill printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2923

       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 ``Enhanced Second Chance Act 
     of 2004: Community Safety Through Recidivism Prevention'' or 
     the ``Enhanced Second Chance Act of 2004''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) In 2002, 2,000,000 people were incarcerated in Federal 
     or State prisons or in local jails. Nearly 650,000 people are 
     released from incarceration to communities nationwide each 
     year.
       (2) There are over 3,200 jails throughout the United 
     States, the vast majority of which are operated by county 
     governments. Each year, these jails will release in excess of 
     10,000,000 people back into the community.
       (3) Nearly \2/3\ of released State prisoners are expected 
     to be rearrested for a felony or serious misdemeanor within 3 
     years after release.
       (4) In recent years, a number of States and local 
     governments have begun to establish improved systems for 
     reintegrating former prisoners. Under such systems, 
     corrections officials begin to plan for a prisoner's release 
     while the prisoner is incarcerated and provide a transition 
     to needed services in the community.
       (5) Faith leaders and parishioners have a long history 
     helping ex-offenders transform their lives. Through prison 
     ministries and outreach in communities, churches and faith-
     based organizations have pioneered reentry services to 
     prisoners and their families.
       (6) Successful reentry protects those who might otherwise 
     be crime victims. It also improves the likelihood that 
     individuals released from prison or juvenile detention 
     facilities can pay fines, fees, restitution, and family 
     support.
       (7) According to the Bureau of Justice Statistics, 
     expenditures on corrections alone increased from 
     $9,000,000,000 in 1982 to $44,000,000,000 in 1997. These 
     figures do not include the cost of arrest and prosecution, 
     nor do they take into account the cost to victims.
       (8) Increased recidivism results in profound collateral 
     consequences, including public health risks, homelessness, 
     unemployment, and disenfranchisement.
       (9) The high prevalence of infectious disease, substance 
     abuse, and mental health disorders that has been found in 
     incarcerated populations demands that a recovery model of 
     treatment should be used for handling the more than \2/3\ of 
     all offenders with such needs.
       (10) One of the most significant costs of prisoner reentry 
     is the impact on children, the weakened ties among family 
     members, and destabilized communities. The long-term 
     generational effects of a social structure in which 
     imprisonment is the norm and law-abiding role models are 
     absent are difficult to measure but undoubtedly exist.
       (11) According to the 2001 national data from the Bureau of 
     Justice Statistics, 3,500,000 parents were supervised by the 
     correctional system. Prior to incarceration, 64 percent of 
     female prisoners and 44 percent of male prisoners in State 
     facilities lived with their children.
       (12) Between 1991 and 1999, the number of children with a 
     parent in a Federal or State correctional facility increased 
     by more than 100 percent, from approximately 900,000 to 
     approximately 2,000,000. According to the Bureau of Prisons, 
     there is evidence to suggest that inmates who are connected 
     to their children and families are more likely to avoid 
     negative incidents and have reduced sentences.

[[Page S10719]]

       (13) Approximately 100,000 juveniles (ages 17 and under) 
     leave juvenile correctional facilities, State prison, or 
     Federal prison each year. Juveniles released from confinement 
     still have their likely prime crime years ahead of them. 
     Juveniles released from secure confinement have a recidivism 
     rate ranging from 55 to 75 percent. The chances that young 
     people will successfully transition into society improve with 
     effective reentry and aftercare programs.
       (14) Studies have shown that from 15 percent to 27 percent 
     of prisoners expect to go to homeless shelters upon release 
     from prison.
       (15) The National Institute of Justice has found that after 
     1 year of release, up to 60 percent of former inmates are not 
     employed.
       (16) Fifty-seven percent of Federal and 70 percent of State 
     inmates used drugs regularly before prison, with some 
     estimates of involvement with drugs or alcohol around the 
     time of the offense as high as 84 percent (BJS Trends in 
     State Parole, 1990-2000).
       (17) According to the Bureau of Justice Statistics, 60 to 
     83 percent of the Nation's correctional population have used 
     drugs at some point in their lives. This is twice the 
     estimated drug use of the total United States population of 
     40 percent.
       (18) Family based treatment programs have proven results 
     for serving the special population of female offenders and 
     substance abusers with children. An evaluation by the 
     Substance Abuse and Mental Health Services Administration of 
     family based treatment for substance abusing mothers and 
     children found that at 6 months post treatment, 60 percent of 
     the mothers remain alcohol and drug free, and drug related 
     offenses declined from 28 to 7 percent. Additionally, a 2003 
     evaluation of residential family based treatment programs 
     revealed that 60 percent of mothers remained clean and sober 
     6 months after treatment, criminal arrests declined by 43 
     percent, and 88 percent of the children treated in the 
     program with their mothers remain stabilized.
       (19) A Bureau of Justice Statistics analysis indicated that 
     only 33 percent of Federal and 36 percent of State inmates 
     had participated in residential inpatient treatment programs 
     for alcohol and drug abuse 12 months before their release. 
     Further, over \1/3\ of all jail inmates have some physical or 
     mental disability and 25 percent of jail inmates have been 
     treated at some time for a mental or emotional problem.
       (20) According to the National Institute of Literacy, 70 
     percent of all prisoners function at the 2 lowest literacy 
     levels.
       (21) The Bureau of Justice Statistics has found that 27 
     percent of Federal inmates, 40 percent of State inmates, and 
     47 percent of local jail inmates have never completed high 
     school or its equivalent. Furthermore, the Bureau of Justice 
     Statistics has found that less educated inmates are more 
     likely to be recidivists. Only 1 in 4 local jails offer basic 
     adult education programs.
       (22) In his 2004 State of the Union Address, President Bush 
     correctly stated: ``We know from long experience that if 
     former prisoners can't find work, or a home, or help, they 
     are much more likely to commit more crimes and return to 
     prison America is the land of the second chance, and when the 
     gates of the prison open, the path ahead should lead to a 
     better life.''.
       (23) Participation in State correctional education programs 
     lowers the likelihood of reincarceration by 29 percent, 
     according to a recent United States Department of Education 
     study. A Federal Bureau of Prisons study found a 33 percent 
     drop in recidivism among Federal prisoners who participated 
     in vocational and apprenticeship training.

     SEC. 3. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER STATE 
                   AND LOCAL REENTRY DEMONSTRATION PROJECTS.

       (a) Adult Offender Demonstration Projects Authorized.--
     Section 2976(b) of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3797w(b)) is amended by striking 
     paragraphs (1) through (4) and inserting the following:
       ``(1) establishing or improving the system or systems under 
     which--
       ``(A) the correctional agency of the State or local 
     government develops and carries out plans to facilitate the 
     reentry into the community of each offender in State or local 
     custody;
       ``(B) the supervision and services provided to offenders in 
     State or local custody are coordinated with the supervision 
     and services provided to offenders after reentry into the 
     community;
       ``(C) the efforts of various public and private entities to 
     provide supervision and services to offenders after reentry 
     into the community, and to family members of such offenders, 
     are coordinated; and
       ``(D) offenders awaiting reentry into the community are 
     provided with documents (such as identification papers, 
     referrals to services, medical prescriptions, job training 
     certificates, apprenticeship papers, and information on 
     obtaining public assistance) useful in achieving a successful 
     transition from prison;
       ``(2) carrying out programs and initiatives by units of 
     local government to strengthen reentry services for 
     individuals released from local jails;
       ``(3) enabling prison mentors of offenders to remain in 
     contact with those offenders, including through the use of 
     such technology as videoconferencing, during incarceration 
     and after reentry into the community and encouraging the 
     involvement of prison mentors in the reentry process;
       ``(4) providing structured post-release housing and 
     transitional housing, including group homes for recovering 
     substance abusers, through which offenders are provided 
     supervision and services immediately following reentry into 
     the community;
       ``(5) assisting offenders in securing permanent housing 
     upon release or following a stay in transitional housing;
       ``(6) providing continuity of health services (including 
     mental health services, substance abuse treatment and 
     aftercare, and treatment for contagious diseases) to 
     offenders in custody and after reentry into the community;
       ``(7) providing offenders with education, job training, 
     English as a second language programs, work experience 
     programs, self-respect and life skills training, and other 
     skills useful in achieving a successful transition from 
     prison;
       ``(8) facilitating collaboration among corrections and 
     community corrections, technical schools, community colleges, 
     and the workforce development and employment service sectors 
     to--
       ``(A) promote, where appropriate, the employment of people 
     released from prison and jail, through efforts such as 
     educating employers about existing financial incentives and 
     facilitate the creation of job opportunities, including 
     transitional jobs, for this population that will benefit 
     communities;
       ``(B) connect inmates to employment, including supportive 
     employment and employment services, before their release to 
     the community;
       ``(C) address barriers to employment, including licensing; 
     and
       ``(D) identify labor market needs to ensure that education 
     and training are appropriate;
       ``(9) assessing the literacy and educational needs of 
     offenders in custody and identifying and providing services 
     appropriate to meet those needs, including followup 
     assessments and long-term services;
       ``(10) systems under which family members of offenders are 
     involved in facilitating the successful reentry of those 
     offenders into the community, including removing obstacles to 
     the maintenance of family relationships while the offender is 
     in custody, strengthening the family's capacity to function 
     as a stable living situation during reentry where appropriate 
     to the safety and well-being of any children involved, and 
     involving family members in the planning and implementation 
     of the reentry process;
       ``(11) programs under which victims are included, on a 
     voluntary basis, in the reentry process;
       ``(12) programs that facilitate visitation and maintenance 
     of family relationships with respect to offenders in custody 
     by addressing obstacles such as travel, telephone costs, mail 
     restrictions, and restrictive visitation policies;
       ``(13) identifying and addressing barriers to collaborating 
     with child welfare agencies in the provision of services 
     jointly to offenders in custody and to the children of such 
     offenders;
       ``(14) implementing programs in correctional agencies to 
     include the collection of information regarding any dependent 
     children of an incarcerated person as part of intake 
     procedures, including the number of children, age, and 
     location or jurisdiction, and connect identified children 
     with appropriate services;
       ``(15) addressing barriers to the visitation of children 
     with an incarcerated parent, and maintenance of the parent-
     child relationship, such as the location of facilities in 
     remote areas, telephone costs, mail restrictions, and 
     visitation policies;
       ``(16) creating, developing, or enhancing prisoner and 
     family assessments curricula, policies, procedures, or 
     programs (including mentoring programs) to help prisoners 
     with a history or identified risk of domestic violence, 
     dating violence, sexual assault, or stalking reconnect with 
     their families and communities, as appropriate (or when it is 
     safe to do so), and become mutually respectful, nonabusive 
     parents or partners, under which particular attention is paid 
     to the safety of children affected and the confidentiality 
     concerns of victims, and efforts are coordinated with 
     existing victim service providers;
       ``(17) developing programs and activities that support 
     parent-child relationships, as appropriate to the health and 
     well-being of the child, such as--
       ``(A) using telephone conferencing to permit incarcerated 
     parents to participate in parent-teacher conferences;
       ``(B) using videoconferencing to allow virtual visitation 
     when incarcerated persons are more than 100 miles from their 
     families;
       ``(C) the development of books on tape programs, through 
     which incarcerated parents read a book into a tape to be sent 
     to their children;
       ``(D) the establishment of family days, which provide for 
     longer visitation hours or family activities; or
       ``(E) the creation of children's areas in visitation rooms 
     with parent-child activities;
       ``(18) expanding family based treatment centers that offer 
     family based comprehensive treatment services for parents and 
     their children as a complete family unit;
       ``(19) conducting studies to determining who is returning 
     to prison or jail and which of those returning prisoners 
     represent the greatest risk to community safety;

[[Page S10720]]

       ``(20) developing or adopting procedures to ensure that 
     dangerous felons are not released from prison prematurely;
       ``(21) developing and implementing procedures to assist 
     relevant authorities in determining when release is 
     appropriate and in the use of data to inform the release 
     decision;
       ``(22) developing and implementing procedures to identify 
     efficiently and effectively those violators of probation or 
     parole who should be returned to prison;
       ``(23) utilizing validated assessment tools to assess the 
     risk factors of returning inmates and prioritizing services 
     based on risk;
       ``(24) conducting studies to determine who is returning to 
     prison or jail and which of those returning prisoners 
     represent the greatest risk to community safety;
       ``(25) facilitating and encouraging timely and complete 
     payment of restitution and fines by ex-offenders to victims 
     and the community;
       ``(26) establishing or expanding the use of reentry courts 
     to--
       ``(A) monitor offenders returning to the community;
       ``(B) provide returning offenders with--
       ``(i) drug and alcohol testing and treatment; and
       ``(ii) mental and medical health assessment and services;
       ``(C) facilitate restorative justice practices and convene 
     family or community impact panels, family impact educational 
     classes, victim impact panels, or victim impact educational 
     classes;
       ``(D) provide and coordinate the delivery of other 
     community services to offenders, including--
       ``(i) housing assistance;
       ``(ii) education;
       ``(iii) employment training;
       ``(iv) children and family support;
       ``(v) conflict resolution skills training;
       ``(vi) family violence intervention programs; and
       ``(vii) other appropriate social services; and
       ``(E) establish and implement graduated sanctions and 
     incentives; and
       ``(27) providing technology and other tools necessary to 
     advance post release supervision.''.
       (b) Juvenile Offender Demonstration Projects Authorized.--
     Section 2976(c) of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3797w(c)) is amended by striking ``may 
     be expended for'' and all that follows through the period at 
     the end and inserting ``may be expended for any activity 
     referred to in subsection (b).''.
       (c) Applications; Priorities; Performance Measurements.--
     Section 2976 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3797w) is amended--
       (1) by redesignating subsection (h) as subsection (o); and
       (2) by striking subsections (d) through (g) and inserting 
     the following:
       ``(d) Applications.--A State, unit of local government, 
     territory, or Indian tribe desiring a grant under this 
     section shall submit an application to the Attorney General 
     that--
       ``(1) contains a reentry strategic plan, which describes 
     the long-term strategy, and a detailed implementation 
     schedule, including the jurisdiction's plans to pay for the 
     program after the Federal funding is discontinued;
       ``(2) identifies the governmental agencies and community 
     and faith-based organizations that will be coordinated by, 
     and collaborate on, the applicant's prisoner reentry strategy 
     and certifies their involvement; and
       ``(3) describes the methodology and outcome measures that 
     will be used in evaluating the program.
       ``(e) Priority Consideration.--The Attorney General shall 
     give priority to grant applications that best--
       ``(1) focus initiatives on geographic areas with a 
     substantiated high population of ex-offenders;
       ``(2) include partnerships with community-based 
     organizations, including faith-based organizations;
       ``(3) provide consultations with crime victims and former 
     incarcerated prisoners and their families;
       ``(4) review the process by which the State adjudicates 
     violations of parole or supervised release and consider 
     reforms to maximize the use of graduated, community-based 
     sanctions for minor and technical violations of parole or 
     supervised release;
       ``(5) establish prerelease planning procedures for 
     prisoners to ensure that a prisoner's eligibility for Federal 
     or State benefits (including Medicaid, Medicare, Social 
     Security, and Veterans benefits) upon release is established 
     prior to release, subject to any limitations in law, and to 
     ensure that prisoners are provided with referrals to 
     appropriate social and health services or are linked to 
     appropriate community-based organizations;
       ``(6) target high-risk offenders for reentry programs 
     through validated assessment tools; and
       ``(7) provide returning offenders with information on how 
     they can restore their voting rights, and any other civil or 
     civic rights denied to them due to their offender status, 
     under the laws of the State where they are released.
       ``(f) Requirements.--The Attorney General may make a grant 
     to an applicant only if the application--
       ``(1) reflects explicit support of the chief executive 
     officer of the State or unit of local government, territory, 
     or Indian tribe applying for a grant under this section;
       ``(2) provides extensive discussion of the role of State 
     corrections departments, community corrections agencies, 
     juvenile justice systems, or local jail systems in ensuring 
     successful reentry of ex-offenders into their communities;
       ``(3) provides extensive evidence of collaboration with 
     State and local government agencies overseeing health, 
     housing, child welfare, education, and employment services, 
     and local law enforcement;
       ``(4) in the case of a State grantee, the State provides a 
     plan for the analysis of existing State statutory, 
     regulatory, rules-based, and practice-based hurdles to a 
     prisoner's reintegration into the community; in case of a 
     local grantee, the local grantee provides a plan for the 
     analysis of existing local statutory, regulatory, rules-
     based, and practice-based hurdles to a prisoner's 
     reintegration into the community; and in the case of a 
     territorial grantee, the territory provides a plan for the 
     analysis of existing territorial statutory, regulatory, 
     rules-based, and practice-based hurdles to a prisoner's 
     reintegration into the community that--
       ``(A) takes particular note of laws, regulations, rules, 
     and practices that disqualify former prisoners from obtaining 
     professional licenses or other requirements for certain types 
     of employment, and that hinder full civic participation;
       ``(B) identifies those laws, regulations, rules, or 
     practices that are not directly connected to the crime 
     committed and the risk that the ex-offender presents to the 
     community; and
       ``(C) affords members of the public an opportunity to 
     participate in the process described in this subsection; and
       ``(5) includes the use of a State or local task force to 
     carry out the activities funded under the grant.
       ``(g) Uses of Grant Funds.--
       ``(1) Federal share.--The Federal share of a grant received 
     under this section may not exceed 75 percent of the project 
     funded under the grant, unless the Attorney General--
       ``(A) waives, in whole or in part, the requirement of this 
     paragraph; and
       ``(B) publicly delineates the rationale for the waiver.
       ``(2) Supplement not supplant.--Federal funds received 
     under this section shall be used to supplement, not supplant, 
     non-Federal funds that would otherwise be available for the 
     activities funded under this section.
       ``(h) Reentry Strategic Plan.--
       ``(1) In general.--As a condition of receiving financial 
     assistance under this section, each applicant shall develop a 
     comprehensive strategic reentry plan that contains measurable 
     annual and 5- to 10-year performance outcomes. The plan shall 
     have as a goal to reduce the rate of recidivism of 
     incarcerated persons served with funds from this section 
     within the State by 50 percent over a period of 10 years.
       ``(2) Coordination.--In developing reentry plans under this 
     subsection, applicants shall coordinate with communities and 
     stakeholders, including experts in the fields of public 
     safety, corrections, housing, health, education, employment, 
     and members of community and faith-based organizations that 
     provide reentry services.
       ``(3) Measurements of progress.--Each reentry plan 
     developed under this subsection shall measure the applicant's 
     progress toward increasing public safety by reducing rates of 
     recidivism and enabling released offenders to transition 
     successfully back into their communities.
       ``(i) Reentry Task Force.--
       ``(1) In general.--As a condition of receiving financial 
     assistance under this section, each State or local government 
     receiving a grant shall establish or empower a Reentry Task 
     Force, or other relevant convening authority, to examine ways 
     to pool existing resources and funding streams to promote 
     lower recidivism rates for returning prisoners, and to 
     minimize the harmful effects of incarceration on families and 
     communities by collecting data and best practices in offender 
     reentry from demonstration grantees and other agencies and 
     organizations.
       ``(2) Membership.--The task force or other authority shall 
     be comprised of relevant State or local leaders, agencies, 
     service providers, community-based organizations, and 
     stakeholders.
       ``(j) Strategic Performance Outcomes.--
       ``(1) In general.--Each applicant shall identify specific 
     performance outcomes related to the long-term goals of 
     increasing public safety and reducing recidivism.
       ``(2) Performance outcomes.--The performance outcomes 
     identified under paragraph (1) shall include, with respect to 
     offenders released back into the community--
       ``(A) recommitment rates;
       ``(B) reduction in crime;
       ``(C) employment and education;
       ``(D) violations of conditions of supervised release;
       ``(E) child support;
       ``(F) housing;
       ``(G) drug and alcohol abuse; and
       ``(H) participation in mental health services.
       ``(3) Optional measures.--States may also report on other 
     activities that increase the success rates of offenders who 
     transition from prison, such as programs that foster 
     effective risk management and treatment programming, offender 
     accountability, and community and victim participation.

[[Page S10721]]

       ``(4) Coordination.--Applicants should coordinate with 
     communities and stakeholders about the selection of 
     performance outcomes identified by the applicants and with 
     the Department of Justice for assistance with data collection 
     and measurement activities.
       ``(5) Report.--Each grantee shall submit an annual report 
     to the Department of Justice that--
       ``(A) identifies the grantee's progress toward achieving 
     its strategic performance outcomes; and
       ``(B) describes other activities conducted by the grantee 
     to increase the success rates of the reentry population.
       ``(k) Performance Measurement.--
       ``(1) In general.--The Department of Justice, in 
     consultation with the States, shall--
       ``(A) identify primary and secondary sources of information 
     to support the measurement of the performance indicators 
     identified under this section;
       ``(B) identify sources and methods of data collection in 
     support of performance measurement required under this 
     section;
       ``(C) provide to all grantees technical assistance and 
     training on performance measures and data collection for 
     purposes of this section; and
       ``(D) coordinate with the Substance Abuse and Mental Health 
     Services Administration on strategic performance outcome 
     measures and data collection for purposes of this section 
     relating to substance abuse and mental health.
       ``(2) Coordination.--The Department of Justice shall 
     coordinate with other Federal agencies to identify national 
     sources of information to support State performance 
     measurement.
       ``(l) Future Eligibility.--To be eligible to receive a 
     grant under this section for fiscal years after the first 
     receipt of such a grant, a State shall submit to the Attorney 
     General such information as is necessary to demonstrate 
     that--
       ``(1) the State has adopted a reentry plan that reflects 
     input from community-based and faith-based organizations;
       ``(2) the public has been afforded an opportunity to 
     provide input in the development of the plan;
       ``(3) the State's reentry plan includes performance 
     measures to assess the State's progress toward increasing 
     public safety by reducing by 10 percent over the 2-year 
     period the rate at which individuals released from prison who 
     participate in the reentry system supported by Federal funds 
     are recommitted to prison; and
       ``(4) the State will coordinate with the Department of 
     Justice, community-based and faith-based organizations, and 
     other experts regarding the selection and implementation of 
     the performance measures described in subsection (k).
       ``(m) National Adult and Juvenile Offender Reentry Resource 
     Center.--
       ``(1) Authority.--The Attorney General may, using amounts 
     made available to carry out this subsection, make a grant to 
     an eligible organization to provide for the establishment of 
     a National Adult and Juvenile Offender Reentry Resource 
     Center.
       ``(2) Eligible organization.--An organization eligible for 
     the grant under paragraph (1) is any national nonprofit 
     organization approved by the Federal task force established 
     under the Enhanced Second Chance Act of 2004 that represents, 
     provides technical assistance and training to, and has 
     special expertise and broad, national-level experience in 
     offender reentry programs, training, and research.
       ``(3) Use of funds.--The organization receiving the grant 
     shall establish a National Adult and Juvenile Offender 
     Reentry Resource Center to--
       ``(A) provide education, training, and technical assistance 
     for States, local governments, territories, Indian tribes, 
     service providers, faith based organizations, and corrections 
     institutions;
       ``(B) collect data and best practices in offender reentry 
     from demonstration grantees and others agencies and 
     organizations;
       ``(C) develop and disseminate evaluation tools, mechanisms, 
     and measures to better assess and document coalition 
     performance measures and outcomes;
       ``(D) disseminate knowledge to States and other relevant 
     entities about best practices, policy standards, and research 
     findings;
       ``(E) develop and implement procedures to assist relevant 
     authorities in determining when release is appropriate and in 
     the use of data to inform the release decision;
       ``(F) develop and implement procedures to identify 
     efficiently and effectively those violators of probation or 
     parole who should be returned to prison and those who should 
     receive other penalties based on defined, graduated 
     sanctions;
       ``(G) collaborate with the Federal task force established 
     under the Enhanced Second Chance Act of 2004 and the Federal 
     Resource Center for Children of Prisoners;
       ``(H) develop a national research agenda; and
       ``(I) bridge the gap between research and practice by 
     translating knowledge from research into practical 
     information.
       ``(4) Of amounts made available to carry out this section, 
     not more than 4 percent shall be available to carry out this 
     subsection.
       ``(n) Administration.--Of amounts made available to carry 
     out this section, not more than 2 percent shall be available 
     for administrative expenses in carrying out this section.''.
       (d) Authorization of Appropriations.--Section 2976 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3797w) is amended in subsection (o)(1), as redesignated by 
     subsection (c), by striking ``and $16,000,000 for fiscal year 
     2005'' and inserting ``$130,000,000 for fiscal year 2005, and 
     $130,000,000 for fiscal year 2006''.

     SEC. 4. TASK FORCE ON FEDERAL PROGRAMS AND ACTIVITIES 
                   RELATING TO REENTRY OF OFFENDERS.

       (a) Task Force Required.--The Attorney General, in 
     consultation with the Secretary of Housing and Urban 
     Development, the Secretary of Labor, the Secretary of 
     Education, the Secretary of Health and Human Services, the 
     Secretary of Agriculture, the Secretary of Veterans Affairs, 
     and the heads of such other elements of the Federal 
     Government as the Attorney General considers appropriate, and 
     in collaboration with stakeholders, service providers, 
     community-based organizations, States, territories, Indian 
     tribes, and local governments, shall establish an interagency 
     task force on programs and activities relating to the reentry 
     of offenders into the community.
       (b) Duties.--The task force established under subsection 
     (a) shall--
       (1) identify such programs and activities that may be 
     resulting in overlapping or duplication of services, the 
     scope of such overlapping or duplication, and the 
     relationship of such overlapping and duplication to public 
     safety, public health, and effectiveness and efficiency;
       (2) identify methods to improve collaboration and 
     coordination of such programs and activities;
       (3) identify areas of responsibility in which improved 
     collaboration and coordination of such programs and 
     activities would result in increased effectiveness or 
     efficiency;
       (4) develop innovative interagency or intergovernmental 
     programs, activities, or procedures that would improve 
     outcomes of reentering offenders and children of offenders;
       (5) develop methods for increasing regular communication 
     that would increase interagency program effectiveness;
       (6) identify areas of research that can be coordinated 
     across agencies with an emphasis on applying science-based 
     practices to support treatment and intervention programs for 
     reentering offenders;
       (7) identify funding areas that should be coordinated 
     across agencies and any gaps in funding; and
       (8) in conjunction with the National Adult and Juvenile 
     Offender Reentry Resource Center, identify successful 
     programs currently operating and collect best practices in 
     offender reentry from demonstration grantees and other 
     agencies and organizations, determine the extent to which 
     such programs and practices can be replicated, and make 
     information on such programs and practices available to 
     States, localities, community-based organizations, and 
     others.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the task force established under 
     subsection (a) shall submit a report, including 
     recommendations, to Congress on barriers to reentry. The task 
     force shall provide for public input in preparing the report. 
     The report shall identify Federal and other barriers to 
     successful reentry of offenders into the community and 
     analyze the effects of such barriers on offenders and on 
     children and other family members of offenders, including 
     barriers to--
       (1) parental incarceration as a consideration for purposes 
     of family reunification under the Adoption and Safe Families 
     Act of 1997;
       (2) admissions in and evictions from Federal housing 
     programs;
       (3) child support obligations and procedures;
       (4) Social Security benefits, veterans benefits, food 
     stamps, and other forms of Federal public assistance;
       (5) Medicaid and Medicare procedures, requirements, 
     regulations, and guidelines;
       (6) education programs, financial assistance, and full 
     civic participation;
       (7) TANF program funding criteria and other welfare 
     benefits;
       (8) employment;
       (9) laws, regulations, rules, and practices that restrict 
     Federal employment licensure and participation in Federal 
     contracting programs;
       (10) reentry procedures, case planning, and the transition 
     of persons from the custody of the Federal Bureau of Prisons 
     to a Federal parole or probation program or community 
     corrections;
       (11) laws, regulations, rules, and practices that may 
     require a parolee to return to the same county that the 
     parolee was living in prior to his or her arrest, and the 
     potential for changing such laws, regulations, rules, and 
     practices so that a parolee may change his or her setting 
     upon release, and not settle in the same location with 
     persons who may be a negative influence; and
       (12) pre-release planning procedures for prisoners to 
     ensure that a prisoner's eligibility for Federal or State 
     benefits (including Medicaid, Medicare, Social Security, and 
     veteran's benefits) upon release is established prior to 
     release, subject to any limitations under the law, and the 
     provision of referrals to appropriate social and health 
     services or are linked to appropriate community-based 
     organizations.
       (d) Annual Reports.--On an annual basis, the task force 
     required by subsection (a) shall submit to Congress a report 
     on the activities of the task force, including specific

[[Page S10722]]

     recommendations of the task force on matters referred to in 
     subsection (b).

     SEC. 5. OFFENDER REENTRY RESEARCH.

       (a) National Institute of Justice.--From amounts made 
     available to carry out this Act, the National Institute of 
     Justice may conduct research on offender reentry, including--
       (1) a study identifying the number and characteristics of 
     children who have had a parent incarcerated and the 
     likelihood of these minors becoming involved in the criminal 
     justice system some time in their lifetime;
       (2) a study identifying a mechanism to compare rates of 
     recidivism (including re-arrest, violations of parole and 
     probation, and re-incarceration) among States; and
       (3) a study on the population of individuals released from 
     custody who do not engage in recidivism and the 
     characteristics (housing, employment, treatment, family 
     connection) of that population.
       (b) Bureau of Justice Statistics.--From amounts made 
     available to carry out this Act, the Bureau of Justice 
     Statistics may conduct research on offender reentry, 
     including--
       (1) an analysis of special populations, including prisoners 
     with mental illness or substance abuse disorders, female 
     offenders, juvenile offenders, and the elderly, that present 
     unique reentry challenges;
       (2) studies to determine who is returning to prison or jail 
     and which of those returning prisoners represent the greatest 
     risk to community safety;
       (3) annual reports on the profile of the population coming 
     out of prisons, jails, and juvenile justice facilities;
       (4) a national recidivism study every 3 years; and
       (5) a study of parole violations and revocations.

     SEC. 6. CHILDREN OF INCARCERATED PARENTS AND FAMILIES.

       (a) Intake Procedures and Education Programs.--
       (1) Pilot program.--The Federal Bureau of Prisons shall, 
     using amounts made available to carry out this subsection, 
     carry out a pilot program to--
       (A) collect information regarding the dependent children of 
     an incarcerated person as part of standard intake procedures, 
     including the number, age, and residence of such children;
       (B) review all policies, practices, and facilities to 
     ensure that, as appropriate to the health and well-being of 
     the child, they support the relationship between family and 
     child;
       (C) identify the training needs of staff with respect to 
     the impact of incarceration on children, families, and 
     communities, age-appropriate interactions, and community 
     resources for the families of incarcerated persons; and
       (D) take such steps as are necessary to encourage State 
     correctional agencies to implement the requirements of 
     subparagraphs (A) through (C).
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection $1,500,000 
     for each of fiscal years 2005 and 2006.
       (b) Duties of Secretary.--The Secretary of Health and Human 
     Services shall--
       (1) review, and make available to States a report on any 
     recommendations regarding, the role of State child protective 
     services at the time of the arrest of a person; and
       (2) by regulation, establish such services as the Secretary 
     determines necessary, as appropriate to the health and well-
     being of any child involved, for the preservation of families 
     that have been impacted by the incarceration of a family 
     member.

     SEC. 7. ENCOURAGEMENT OF EMPLOYMENT OF FORMER PRISONERS.

       The Secretary of Labor shall take such steps as are 
     necessary to implement a program, including but not limited 
     to the Employment and Training Administration, to educate 
     employers about existing incentives, including bonding, to 
     the hiring of former Federal, State, or county prisoners.

     SEC. 8. FEDERAL RESOURCE CENTER FOR CHILDREN OF PRISONERS.

       There are authorized to be appropriated to the Secretary of 
     Health and Human Services for each of fiscal years 2005 and 
     2006, such sums as may be necessary for the continuing 
     activities of the Federal Resource Center for Children of 
     Prisoners, including conducting a review of the policies and 
     practices of State and Federal corrections agencies to 
     support parent-child relationships, as appropriate for the 
     health and well-being of the child.

     SEC. 9. ELIMINATION OF AGE REQUIREMENT FOR RELATIVE CAREGIVER 
                   UNDER NATIONAL FAMILY CAREGIVER SUPPORT 
                   PROGRAM.

       Section 372 of the National Family Caregiver Support Act 
     (part E of title III of the Older Americans Act of 1965; 42 
     U.S.C. 3030s) is amended in paragraph (3) by striking ``who 
     is 60 years of age or older and--'' and inserting ``who--''.

     SEC. 10. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN 
                   COMMUNITY CORRECTIONS.

       Section 3624(c) of title 18, United States Code, is amended 
     to read as follows:
       ``(c) Pre-Release Custody.--
       ``(1) In general.--The Bureau of Prisons shall, to the 
     extent practicable, assure that a prisoner serving a term of 
     imprisonment spends a reasonable part of the final portion of 
     the term to be served, not to exceed 1 year, under conditions 
     that will afford the prisoner a reasonable opportunity to 
     adjust to and prepare for the prisoner's reentry into the 
     community. Such conditions may include a community 
     correctional facility.
       ``(2) Authority.--This subsection authorizes the Bureau of 
     Prisons to place a prisoner in home confinement for the last 
     10 per centum of the term to be served, not to exceed 6 
     months.
       ``(3) Assistance.--The United States Probation System 
     shall, to the extent practicable, offer assistance to a 
     prisoner during such pre-release custody.
       ``(4) No limitations.--Nothing in this subsection shall be 
     construed to limit or restrict the authority of the Bureau of 
     Prisons granted under section 3621 of this title.''.

     SEC. 11. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT 
                   FUNDING FOR DEMONSTRATION PROJECT ACTIVITIES.

       Section 20102(a) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 13702(a)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) to carry out any activity referred to in subsections 
     (b) and (c) of section 2976 of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797w(b)-(c)).''.

     SEC. 12. GRANTS TO STUDY PAROLE OR POST INCARCERATION 
                   SUPERVISION VIOLATIONS AND REVOCATIONS.

       (a) Grants Authorized.--From amounts made available to 
     carry out this section, the Attorney General may award grants 
     to States to study, and to improve the collection of data 
     with respect to, individuals whose parole or post 
     incarceration supervision is revoked and which such 
     individuals represent the greatest risk to community safety.
       (b) Application.--As a condition of receiving a grant under 
     this section, a State shall--
       (1) certify that the State has, or intends to establish, a 
     program that collects comprehensive and reliable data with 
     respect to individuals described in subsection (a), including 
     data on--
       (A) the number and type of parole or post incarceration 
     supervision violations that occur within the State;
       (B) the reasons for parole or post incarceration 
     supervision revocation;
       (C) the underlying behavior that led to the revocation; and
       (D) the term of imprisonment or other penalty that is 
     imposed for the violation; and
       (2) provide the data described in paragraph (1) to the 
     Bureau of Justice Statistics, in a form prescribed by the 
     Bureau.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each of fiscal years 2005 and 2006.

     SEC. 13. REAUTHORIZATION OF RESIDENTIAL SUBSTANCE ABUSE 
                   TREATMENT FOR STATE PRISONERS PROGRAM.

       (a) In General.--The Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3701 et seq.) is amended by inserting 
     after section 1905 the following:

     ``SEC. 1906. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out the purposes of this part for each of 
     fiscal years 2005 through 2010.''.
       (b) Improvements to Program.--Section 1902 of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-
     1) is amended--
       (1) in subsection (c)--
       (A) in the subsection heading, by striking ``Eligibility 
     for Preference With'' and inserting ``Requirement for'';
       (B) by striking paragraph (1) and inserting the following:
       ``(1) To be eligible for funding under this part, a State 
     shall ensure that individuals who participate in the 
     evidence-based substance abuse treatment program established 
     or implemented with assistance provided under this part will 
     be provided with aftercare services.''; and
       (C) by adding at the end the following:
       ``(4) Aftercare services required under paragraph (1) shall 
     be funded by amounts made available under this part.'';
       (2) by redesignating subsections (c) through (f) as (d) 
     through (g), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) Definition of Residential Substance Abuse 
     Treatment.--The term `residential substance abuse treatment' 
     means a course of evidence-based individual and group 
     activities and treatment, lasting not less than 6 months, in 
     residential treatment facilities set apart from the general 
     prison population. Such treatment can include the use of 
     pharmacotherapies, where appropriate, that may be 
     administered for more than 6 months.''.

     SEC. 14. REAUTHORIZATION OF SUBSTANCE ABUSE TREATMENT PROGRAM 
                   UNDER TITLE 18.

       Section 3621(e) of title 18, United States Code, is 
     amended--
       (1) by striking paragraph (4) and inserting the following:
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this subsection for each of fiscal years 2005 
     through 2010.''; and
       (2) in paragraph (5), by striking subparagraph (A) and 
     inserting the following:

[[Page S10723]]

       ``(A) the term `residential substance abuse treatment' 
     means a course of evidence-based individual and group 
     activities and treatment, lasting not less than 6 months, in 
     residential treatment facilities set apart from the general 
     prison population, and such treatment can include the use of 
     pharmacotherapies, where appropriate, that may be 
     administered for more than 6 months;''.

     SEC. 15. REMOVAL OF LIMITATION ON AMOUNT OF FUNDS AVAILABLE 
                   FOR CORRECTIONS EDUCATION PROGRAMS UNDER THE 
                   ADULT EDUCATION AND FAMILY LITERACY ACT.

       (a) In General.--Section 222(a)(1) of the Adult Education 
     and Family Literacy Act (20 U.S.C. 9222(a)(1)) is amended by 
     striking ``, of which not more than 10 percent'' and 
     inserting ``of which not less than 10 percent''.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Education shall 
     submit to Congress a report on the use of literacy funds to 
     correctional intuitions, as defined in section 225(d)(2) of 
     the Adult Education and Family Literacy Act (20 U.S.C. 
     9224(d)(2)).   The report shall specify the amount of 
     literacy funds that are provided to each category of 
     correctional institution in each State, and identify whether 
     funds are being sufficiently allocated among the various 
     types of institutions.

     SEC. 16. TECHNICAL AMENDMENT TO DRUG-FREE STUDENT LOANS 
                   PROVISION TO ENSURE THAT IT APPLIES ONLY TO 
                   OFFENSES COMMITTED WHILE RECEIVING FEDERAL AID.

       Section 4840(r)(1) of the Higher Education Act of 1965 (20 
     U.S.C. 1091(r)(1)) is amended by striking ``A student'' and 
     all that follows through ``table:'' and inserting the 
     following: ``A student who is convicted of any offense under 
     any Federal or State law involving the possession or sale of 
     a controlled substance for conduct that occurred during a 
     period of enrollment for which the student was receiving any 
     grant, loan, or work assistance under this title shall not be 
     eligible to receive any grant, loan, or work assistance under 
     this title from the date of that conviction for the period of 
     time specified in the following table:''.

     SEC. 17. MENTORING GRANTS TO COMMUNITY-BASED ORGANIZATIONS.

       (a) Authority To Make Grants.--From amounts made available 
     under this section, the Secretary of Labor shall make grants 
     to community-based organizations for the purpose of providing 
     mentoring and other transitional services essential to 
     reintegrating ex-offenders and incarcerated persons into 
     society.
       (b) Use of Funds.--Grant funds awarded under subsection (a) 
     may be used for--
       (1) mentoring adult and juvenile offenders; and
       (2) transitional services to assist in the re-integration 
     of ex-offenders into the community.
       (c) Application.--To be eligible to receive a grant under 
     this section, a community-based organization shall submit an 
     application to the Secretary of Labor, based upon criteria 
     developed by the Secretary of Labor in consultation with the 
     Attorney General and the Secretary of Housing and Urban 
     Development.
       (d) Strategic Performance Outcomes.--The Secretary of Labor 
     may require each applicant to identify specific performance 
     outcomes related to the long-term goal of stabilizing 
     communities by reducing recidivism and re-integrating ex-
     offenders and incarcerated persons into society.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $15,000,000 for 
     each of fiscal years 2005 and 2006.

     SEC. 18. GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS.

       Section 1925 of the Public Health Service Act (42 U.S.C. 
     300x-25) is amended--
       (1) in subsection (a)(4), by striking ``$4,000'' and 
     inserting ``$6,000''; and
       (2) by adding at the end the following:
       ``(d) Recovery Home Outreach Workers.--
       ``(1) In general.--The Secretary shall award a grant to an 
     eligible entity to enable such entity to establish group 
     homes for recovering substance abusers in accordance with 
     this section.
       ``(2) Eligibility.--To be eligible to receive a grant under 
     paragraph (1), an entity shall--
       ``(A) be a national nonprofit organization that has 
     established at least 500 self-administered, self-supported 
     substance abuse recovery homes; and
       ``(B) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require.
       ``(3) Use of funds.--An entity shall use amounts received 
     under the grant under paragraph (1) to--
       ``(A) establish group homes for recovering substance 
     abusers that conform to the requirements of subparagraphs (A) 
     through (D) of subsection (a)(6), through activities 
     including--
       ``(i) locating a suitable facility to use as the group 
     home;
       ``(ii) the execution of a lease for the use of such home; 
     and
       ``(iii) obtaining a charter for the operation of such home 
     from a national non-profit organization;
       ``(B) recruit recovering substance abusers to reside in the 
     group home by working with criminal justice officials and 
     substance abuse treatment providers, including through 
     activities targeting individuals being released from 
     incarceration; and
       ``(C) carry out other activities related to establishing a 
     group home for recovering substance abusers.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection, 
     $1,000,000 for each of fiscal years 2005 through 2009. 
     Amounts appropriated under this paragraph shall be in 
     addition to amounts otherwise appropriated to carry out this 
     subpart.''.

     SEC. 19. IMPROVED REENTRY PROCEDURES FOR FEDERAL PRISONERS.

       (a) General Reentry Procedures.--The Department of Justice 
     shall take such steps as are necessary to modify existing 
     procedures and policies to enhance case planning and to 
     improve the transition of persons from the custody of the 
     Bureau of Prisons to the community, including placement of 
     such individuals in community corrections facilities.
       (b) Procedures Regarding Benefits.--The Bureau of Prisons 
     shall establish pre-release planning procedures for Federal 
     prisoners to ensure that a prisoner's eligibility for Federal 
     or State benefits (including Medicaid, Medicare, Social 
     Security and veterans benefits) upon release is established 
     prior to release, subject to any limitations in law. The 
     Bureau shall also coordinate with inmates to ensure that 
     inmates have medical appointments scheduled and have plans to 
     secure needed and sufficient medications, particularly with 
     regard to the treatment of mental illness. The Bureau shall 
     provide each ex-offender released from Federal prisons 
     information on how the reentering offender can restore voting 
     rights, and other civil or civic rights, denied to the 
     reentering offender based upon their offender status in the 
     State to which that reentering offender shall be returning. 
     This information shall be provided to each reentering 
     offender in writing, and in a language that the reentering 
     offender can understand.

     SEC. 20. FAMILY UNIFICATION IN PUBLIC HOUSING.

       Section 576 of the Quality Housing and Work Responsibility 
     Act of 1988 (Public Law 105-276; 42 U.S.C. 13661) is 
     amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Authority To Deny Admission to Criminal Offenders.--
       ``(1) In general.--Except as provided in subsections (a) 
     and (b) of this section and in addition to any other 
     authority to screen applicants, in selecting among applicants 
     for admission to the program or to federally assisted 
     housing, if the public housing agency or owner of such 
     housing, as applicable, determines that an applicant or any 
     member of the applicant's household is engaged in or was 
     convicted of, during a reasonable time preceding the date 
     when the applicant household would otherwise be selected for 
     admission, any drug-related or violent criminal activity or 
     other criminal activity which would adversely affect the 
     health, safety, or right to peaceful enjoyment of the 
     premises by other residents, the owner, or public housing 
     agency employees, the public housing agency or owner may--
       ``(A) deny such applicant admission to the program or to 
     federally assisted housing; and
       ``(B) after the expiration of the reasonable period 
     beginning upon such activity, require the applicant, as a 
     condition of admission to the program or to federally 
     assisted housing, to submit to the public housing agency or 
     owner evidence sufficient (as the Secretary shall by 
     regulation provide) to ensure that the individual or 
     individuals in the applicant's household who engaged in 
     criminal activity for which denial was made under paragraph 
     (1) have not engaged in any criminal activity during such 
     reasonable period.
       ``(2) Consideration of rehabilitation.--In determining 
     whether, pursuant to paragraph (1), to deny admission to the 
     program or federally assisted housing to any household, a 
     public housing agency or an owner shall, prior to an initial 
     denial of eligibility, consider the following factors:
       ``(A) The effect of denial on the applicant's family, 
     particularly minor children.
       ``(B) Whether such household member has successfully 
     completed a supervised drug or alcohol rehabilitation program 
     (as applicable) and is no longer engaging in the illegal use 
     of a controlled substance or abuse of alcohol (as applicable) 
     to the extent that such use would constitute a threat to the 
     health, safety, or well-being of other residents.
       ``(C) Whether such household member has otherwise been 
     rehabilitated successfully and is no longer engaging in the 
     illegal use of a controlled substance or abuse of alcohol (as 
     applicable) to the extent that such use would constitute a 
     threat to the health, safety, or well-being of other 
     residents.
       ``(D) Whether such household member is participating in a 
     supervised drug or alcohol rehabilitation program (as 
     applicable) and is no longer engaging in the illegal use of a 
     controlled substance or abuse of alcohol (as applicable) to 
     the extent that such use would constitute a threat to the 
     health, safety, or well-being of other residents.
       ``(E) Other mitigating circumstances such as--
       ``(i) the applicant's involvement in the community;
       ``(ii) the applicant's enrollment in or completion of a job 
     training program;
       ``(iii) the employment status of the applicant;
       ``(iv) any other circumstances which reflect the efforts 
     the applicant has made toward rehabilitation; and

[[Page S10724]]

       ``(v) the availability of other housing options.''; and
       (2) by adding at the end the following:
       ``(d) Conditional Eligibility.--A public housing agency or 
     owner of such housing may condition an applicant's or a 
     household's eligibility for federally assisted housing on the 
     participation of the applicant, or a member of the 
     applicant's household, in a supervised rehabilitation 
     program, or other appropriate social services.''.
  Mr. SPECTER. Mr. President, I have sought recognition to speak in 
support of legislation which I am sponsoring with the Senator from 
Delaware, Mr. Biden--the Enhanced Second Chance Act of 2004. This year, 
more than 650,000 inmates will be released from the United States' 
prisons. Nearly two-thirds of released prisoners are re-arrested for 
either a felony or a serious misdemeanor within 3 years of release. 
This ``revolving door'' of criminals endangers our communities. Yet, it 
should really come as no surprise that an individual who is released 
and who is illiterate or lacks the necessary skills to get a job 
returns to a life of crime. The need to address the issue of recidivism 
to protect the public is apparent and the Enhanced Second Chance Act is 
designed to address that need and stop the ``revolving door'' at our 
Nation's correctional facilities. This bill gives criminal offenders a 
second chance at rehabilitation and gainful employment by creating 
successful reentry programs focused on education and job training.
  There are two categories of individuals that we must focus our 
concern on in our fight to reduce recidivism--the career criminal and 
the person who will one day return back to his or her community. As for 
the career criminal, I wrote the Armed Career Criminal Bill that was 
adopted in 1984, which provides for life sentences for career 
criminals. These individuals, who have committed three or more major 
offenses and caught in possession of a firearm, receive mandatory 
sentences up to life.
  The second category of individuals--individuals who will one day be 
released--are a special circumstance because this is not about locking 
them up forever but about making sure they have an opportunity to turn 
their life around. It is about focusing on literacy and job training in 
order to reduce recidivism and prevent those individuals from becoming 
career criminals.
  The Enhanced Second Chance Act is aimed at better equipping the 
community, increasing public safety, and helping States and communities 
address the growing population of ex-offenders returning to 
communities. The act authorizes a $130 million a year grant program for 
State and local governments aimed at creating programs to help reduce 
recidivism rates and to create procedures to ensure that dangerous 
felons are not released from prison prematurely. It also calls for 
either establishing or expanding the use of State reentry courts to 
monitor ex-offenders returning to the community and to provide them 
with drug and alcohol treatment as well as necessary mental and medical 
services.
  One of the most significant concerns that our communities face with 
regards to prisoners is the impact on their children and communities. 
Between 1991 and 1999, the number of children with a parent in a 
Federal or State correction facility increased by more than 100 percent 
from approximately 900,000 to approximately 2 million. This legislation 
deals with the issues and obstacles that these children face. The 
Enhanced Second Chance Act of 2004 creates a new program designed to 
support the relationship between parent and child while the parent is 
incarcerated and to help with family unification when the parent is 
released. It also instructs the Secretary of Health and Human Services 
to re-examine the current programs that are in place to help support 
the parent-child relationship while the parent is incarcerated and to 
establish the necessary services to help preserve the family 
relationship.
  Another major concern is incarcerated juveniles. Juveniles have a 
recidivism rate ranging from 55 to 75 percent. These figures are 
staggering and that is why I have pushed for so many years for 
legislation aimed at educating these young offenders prior to their 
release. I have consistently sponsored legislation that would provide 
for workplace and community transition training for incarcerated youth 
offenders while in prison and would provide employment counseling and 
other services that would continue while the individual was on parole. 
The Enhanced Second Chance Act of 2004 builds upon my earlier efforts 
and provides effective reentry and aftercare programs so that these 
young individuals will have a chance at a successful transition back 
into the community. This bill encourages State and local governments to 
assess the literacy and educational needs of incarcerated individuals 
and to identify appropriate services to meet those needs while they are 
incarcerated. Moreover, this bill provides for collaboration with 
community colleges and employment services to connect inmates with 
employment opportunities before they are released back into the 
community.
  The New York Times recently reported that 5 million people, or 
roughly 2.3 percent of the electorate, will be barred from voting in 
November by State laws that strip felons of voting rights. However many 
ex-felons are in fact eligible to vote but do not do so simply because 
they are not aware that they have this right. The Enhanced Second 
Chance Act helps remove the confusion and mandates that prison 
officials provide each ex-offender released from Federal prison 
information on how the reentering offender can restore his or her 
voting rights. Information must be provided to each ex-offender in 
writing and in a language that he or she can understand. This will 
allow ex-offenders to feel more connected to their communities and is 
another important tool in the fight to reduce recidivism.
  I am pleased to join the distinguished Senator from Delaware in 
introducing this important and much-needed legislation. The Enhanced 
Second Chance Act of 2004 is a very positive step forward in providing 
realistic rehabilitation to individuals needing a second chance. I 
wholeheartedly agree with President Bush's statement that ``America is 
the land of second chance, and when the gates of the prison open, the 
path ahead should lead to a better life.'' The President urged us to 
work in a bipartisan fashion and I believe that this bill is the first 
step in the right direction.
  Mr. BINGAMAN. Mr. President, I rise today, along with Senators Biden, 
Specter, and Landrieu, to introduce the Enhanced Second Chance Act of 
2004.
  I believe this is an important bill that will significantly improve 
public safety by providing $130 million a year for a competitive grant 
program to State, local, and tribal governments to reduce recidivism 
rates and improve the transition of offenders back into society. In 
addition to the adult and juvenile demonstration projects, the bill 
would create a Federal reentry task force, reauthorize funding for drug 
treatment programs in State and Federal correctional facilities, 
establish a program within the Bureau of Prisons to promote family 
reunification, bring additional literacy funds to correctional 
institutions, and establish a mentoring grant program for community-
based organizations to assist inmates with their reentry back into the 
community.
  We as a society have an interest in ensuring that when prisoners are 
released that they be reintegrated back into the community in a manner 
that reduces the likelihood of them committing additional crimes. 
Providing assistance to these individuals is not a charity, it is a 
matter of good public policy. Without employment, without housing, 
without basic life skills, without help in treating drug addiction or 
mental illness, offenders are likely to relapse into criminal behavior. 
It is insufficient to just punish offenders; we also need to look for 
ways that we can rehabilitate offenders and create an environment that 
fosters their ability to make a positive contribution to society.
  There are programs in State and Federal detention facilities that are 
beginning to address some of these issues, but frankly, I believe we 
need to be doing more--especially with regard to jails across the 
country. By neglecting to focus on inmates in local jails we are also 
losing out on targeting the largest population of offenders that is 
returning to the community--it is estimated that jails return 10 to 20 
times the number of people into the community as do Federal and State 
prisons,

[[Page S10725]]

approximately 10 million releases a year. I am very pleased that my 
suggestions regarding recognizing the role of local jails in the 
reentry process were incorporated into this bill.
  I also believe we need to pay more attention to the issue of 
illiteracy among inmates. According to the National Institute of 
Literacy, 70 percent of all prisoners function at the two lowest 
literacy levels. Considering that studies have consistently 
demonstrated that correctional educational programs reduce recidivism 
rates by up to 30 percent, I strongly believe this is an area which 
deserves attention, and I am happy that this bill will bring additional 
resources for literacy programs.
  If we are going to reduce the recidivism rate, we can't overlook the 
importance of getting these offenders the tools necessary to succeed in 
the community without recourse to crime. With over 2 million people 
incarcerated in the United States, if punishment is all we do, without 
any effort to rehabilitate and reintegrate offenders into the 
community, society will bear a heavy burden. Over 650,000 offenders are 
released from State and Federal facilities each year, in addition to 
100,000 juveniles and the numerous individuals coming in and out of 
local jails that I previously mentioned. It makes sense to do all we 
can to ensure that these people are rehabilitated and have the skills 
necessary to successfully change course.
  In recent years, many States and localities have begun to improve 
ways to transition offenders back into communities, and I believe that 
this bill provides the resources necessary to continue this effort.
                                 ______