[Congressional Record Volume 150, Number 130 (Monday, October 11, 2004)]
[Senate]
[Pages S11305-S11310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. LANDRIEU:

[[Page S11306]]

  S. 2977. A bill to establish the Office of Community Justice Services 
within the Department of Justice, and for other purposes; to the 
Committee on the Judiciary.
  Ms. LANDRIEU. Mr. President, everyday more than 1,600 prisoners are 
released from jail and head back to the streets of America's 
neighborhoods and communities. That is more than 600,000 each year. 
When they get out, they are often get sent back to same neighborhoods 
where they got into trouble in the first place and more than two-thirds 
of them return to a life of crime.
  This problem could get worse, if we don't take action. We have the 
largest prison population than at any other time in our history. Two 
million people are behind bars, the result of tougher penalties, 
particularly for drug offenses, and ``three-strikes and you're out 
laws'' in many States. While the worst offenders will stay behind bars 
indefinitely, 95 percent of people in jail will get out at some point 
in time, either on parole, or after completing their sentences.
  The challenge for us and our communities is clear: we must find a way 
to successfully integrate offenders back into society after they get 
out of prison. The task is daunting. Many offenders face a unique set 
of personal challenges, legal restrictions, and social barriers that 
make the transition to productive citizenship extremely difficult for 
them.
  Substance abuse is the most common problem. Eighty percent of all 
offenders abuse drugs and alcohol, or were under the influence of drugs 
and alcohol when they committed their crimes. Only about 13 percent of 
them receive treatment while they are in prison, according to the 
Office of National Drug Control Policy. Spending for in-prison 
substance abuse programs has been cut so that States and localities can 
devote more funding for housing the increased number of prisoners in 
their corrections systems.
  Drug addicted offenders face even bigger challenges when they get 
out. Corrections agencies are often required to return prisoners to the 
place where they were convicted. That means released offenders get sent 
back to economically distressed neighborhoods where drugs are 
plentiful, but hope is not. These men and women go back to face the 
same temptations and demons that led to their addictions and their 
criminal conduct. Resources for treatment in these communities are 
stretched thin and a lot of former inmates cannot get help.
  Another important barrier to success as a citizen is poor education. 
Offenders are more than twice as likely to have not graduated from high 
school than the general population. One study found that one-third of 
inmates could not find an intersection on a map; the same percentage 
could not explain a billing error or place information on an automobile 
maintenance form; and only one in 20 could figure out what bus to take 
from using a schedule.
  If you cannot use a map or read a bus schedule, you will not be able 
to find your way to an office in an unfamiliar part of town to 
interview for a entry level job as a file clerk. If you cannot explain 
a billing error to someone, you will not be able to get a job in 
customer service. There are basic-skilled jobs that do not require a 
college education available for ex-offenders. But too many of our 
offenders lack the basic skills to get these jobs and if people are not 
working, they are more likely to get into trouble.
  Studies have shown that unemployment contributes to criminal conduct. 
The New York State Department of Labor found that 80 percent of 
offenders who violated probation or parole were unemployed.
  To make matters worse, many States exclude felons from holding 
certain kinds of jobs and obtaining professional licenses. A felon 
might not be able to get a cosmetology license or certain kinds of 
drivers' licenses. They may also be denied housing assistance and 
certain kinds of welfare benefits; 15 to 27 percent of released inmates 
expect to go to homeless shelters when they get out.
  These statistics make it clear why so many of our ex-offenders end up 
back in trouble with the law. Untreated substance abuse problems, poor 
education and job skills, and homelessness work to sap offenders of 
their drive, ambition, and hope. Crime seems like the only option for 
ex-offenders and they return to a life of crime 67 percent of the time.
  Recidivism has its costs. Crime has devastating affects on the 
neighborhoods that see the most criminal activity. Housing an inmate 
for one year costs State prison systems $21,000 and costs the Federal 
system $25,000 per year. But the victims pay the biggest costs in pain, 
suffering, and fear.
  I believe that we can do better than a 67 percent recidivism rate and 
we can reduce the amount of pain inflicted on victims if we invest in 
programs that help offenders get over the barriers and the personal 
difficulties that keep them from becoming productive citizens. Research 
shows that these kinds of programs can help prepare offenders for life 
outside of prison. According to one U.S. Department of Education study, 
participation in correctional vocational and education programs reduces 
recidivism by 29 percent in State prisoners and 33 percent for Federal 
prisoners. Substance abuse treatment programs can cut drug use in half 
and reduce recidivism by 20 percent. In fact every dollar invested in 
substance abuse programs saves taxpayers $7.46 in other government and 
social costs according to the Bureau of Justice Statistics.
  Today, I am introducing the Protecting Our Communities by Making 
Returning Offenders Better Citizens Act of 2004. This legislation will 
establish a $1.5 billion grant program at the Department of Justice to 
help States and communities develop comprehensive reentry strategies to 
turn felons into productive citizens. Funding would be available to 
State and local corrections and offender supervision agencies to a 
range of services including substance abuse treatment, basic education 
programs, job skills training, civic education, mentoring services, and 
family counseling services. The bill encourages these governmental 
agencies to partner with local non-profits, community organizations, 
and faith-based organizations to deliver these services to offenders 
both in and out of jail.
  This legislation will also help the families of offenders when an 
offender returns home. Some 1.5 million children had a parent in a 
State or Federal prison in 1999 and 7 million children have a parent 
under some form of correctional supervision. These children are seven 
times more likely to end up in the criminal justice system. The return 
of an offender to the home can also produce a great deal of family 
strife. The adjustment can be very difficult. An unstable home 
environment only helps to foster criminal behavior.

  My legislation will help corrections agencies institute family 
programs to help keep families close while a parent is incarcerated. 
Prisons and jails would be able to improve family visitation 
facilities, provide reduced cost phone service so that inmates can keep 
in touch with their families, or develop other innovative programs to 
keep family in the lives of offenders. Parole and probation agencies 
can work with family support agencies and other government agencies to 
provide a range of services so that families can successfully adjust to 
having an offender back home.
  The experts are just beginning to examine the important role family 
services can play in reducing recidivism. One study found that 
prisoners with no visitors were six times more likely to re-enter 
prison within the first year of parole than those with three or more 
visitors.
  A variety of family integration programs for offenders have also 
shown great promise. The La Bodega de la Familia program in New York 
City and the Michigan Department of Corrections's Project SEEK have 
produced terrific outcomes, reducing drug use and violent behavior by 
children. These programs offer an array of services to offenders in 
addition to family counseling. They serve as focal point for offenders 
to get substance abuse counseling, job training, and education. We need 
more programs like this and my legislation will make that possible.
  We also need to do more to make offenders understand not only the 
responsibilities of citizenship, but also its benefits. Certain 
offenders can be denied the right to vote, public housing benefits, 
some welfare benefits, and they are legally barred from certain kinds 
of employment. What they often

[[Page S11307]]

do not know, however, is that they can get these rights back under 
certain circumstances. While we make offenders well aware of what civic 
rights and benefits they are denied when they get released, they do not 
receive information on how they can get those rights back.
  In order to qualify for a grant, grantees must provide offenders with 
information on how they can restore their voting rights and any other 
rights or benefits denied them because of their criminal records. 
States will not have to change any laws to meet this requirement, they 
are only required to provide information to offenders. I believe that 
this will send a powerful message to released offenders that we want 
them to become full participants in our democracy despite their past 
mistakes. I believe providing information on how to restore their 
rights can help motivate offenders to follow a different path and 
underscores our willingness to give them another chance.
  Our communities have done a terrific job protecting the public. The 
crime rate has fallen 55 percent over the last decade, the lowest level 
in 30 years. They have succeeded through hard work and the investment 
of the Federal Government in local law enforcement. We passed tougher 
criminal penalties, provided funding for equipment and technology, and 
put 100,000 community policing officers on the streets.

  Keeping our streets safe is a constant battle that is far from over. 
These criminals are coming back. Some will be ready for the challenges 
of citizenship, many will not. The Federal Government can help again by 
providing the right resources to corrections and our parole and 
probation agencies. President Bush announced his support for a $300 
million initiative to help offenders with job training, transitional 
housing, and mentoring with faith-based organizations. The President's 
program was an excellent start. The Protecting Our Communities by 
Making Returning Offenders Better Citizens Act will build on this so 
that every offender gets a second chance to turn themselves from felons 
into fellow citizens. I urge my colleagues to support this legislation.
  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:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Protecting 
     Our Communities by Making Returning Offenders Better Citizens 
     Act of 2004''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

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

             TITLE I--OFFICE OF COMMUNITY JUSTICE SERVICES

Sec. 101. Establishment of Office of Community Justice Services.
Sec. 102. National Offender Reentry Initiative Clearinghouse.

                        TITLE II--GRANT PROGRAMS

Sec. 201. Reentry preparation grants.
Sec. 202. Transition to community grants.
Sec. 203. Community-based supervision and support grants.
Sec. 204. Administrative provisions.

      TITLE III--CIVIC EDUCATION FOR REENTERING FEDERAL PRISONERS

Sec. 301. Civic education for reentering Federal prisoners.

   TITLE IV--GRANTS FOR RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE

Sec. 401. Grants for research, training, and technical assistance.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) More than 2,000,000 people are incarcerated in Federal 
     or State prisons and local jails in the United States.
       (2) Of the individuals now in prison, 97 percent will 
     eventually be released back into American communities. More 
     than 630,000 of these inmates are released into the Nation's 
     communities every year.
       (3) The Bureau of Justice Statistics has found that 67.5 
     percent of prisoners released from incarceration in 1994 were 
     rearrested within 3 years.
       (4) Many of the men and women who will leave prison and 
     jail each year have a variety of substance abuse disorders, 
     low levels of education and job training, face significant 
     barriers to employment, and lack housing upon their release.
       (5) Felony convictions can also disqualify released 
     offenders from voting and other rights. Under some State 
     laws, these disqualifications can be permanent. While many 
     States allow for the restoration of voting and civic rights 
     to ex-offenders, this information is not routinely given to 
     ex-offenders upon their release.
       (6) Returning offenders have significant educational needs. 
     Fewer than one-half of released prisoners have a high school 
     education. Studies have found that approximately one-third of 
     prisoners cannot locate an intersection on a street map; one-
     third cannot explain in writing a billing error; and only 1 
     in 20 can determine which bus to take from a schedule.
       (7) State and local governments have not been able to 
     maintain prison education programs in the face of a prison 
     population that has doubled in the past decade. As a result, 
     according to the National Institute for Literacy, the 
     percentage of prisoners participating in correctional 
     education programs is declining.
       (8) The United States Department of Education found that 
     participation in correctional education programs lowers the 
     likelihood of reincarceration by 29 percent, and the Federal 
     Bureau of Prisons found a 33 percent drop in recidivism among 
     Federal prisoners who participate in vocational and 
     apprenticeship training.
       (9) According to the National Institute of Justice, 60 
     percent of formerly incarcerated individuals are unemployed 
     after 1 year of release. Unemployment can contribute to the 
     likelihood of repeating criminal conduct.
       (10) Formerly incarcerated individuals face unique barriers 
     in the job market. They may be legally disqualified from 
     certain types of employment and barred by law from obtaining 
     professional licenses in fields such as cosmetology, 
     transportation, and home health care.
       (11) Research has found that job training and placement 
     programs for ex-offenders increase the employment of 
     offenders and reduce recidivism.
       (12) Drug and alcohol abuse is a persistent concern at 
     every stage of the criminal justice process. Eighty-one 
     percent of State prisoners, 81 percent of Federal prisoners, 
     and 77 percent of local jail inmates have alcohol and drug 
     abuse problems, or were under the influence of alcohol or 
     drugs when they committed their offenses. However, only 13 
     percent of these inmates receive drug and alcohol treatment 
     while they are incarcerated according to the Office of 
     National Drug Control Policy.
       (13) Substance abuse treatment has been proven to reduce 
     drug use, recidivism, unemployment, and homelessness, 
     according to several studies, and every dollar invested in 
     substance abuse treatment saves taxpayers $7.46 in other 
     social costs.
       (14) Many offenders are released back into the community 
     without having a place to call home. Several studies have 
     found that many prisoners expect to go to homeless shelters 
     upon release.
       (15) A number of barriers exist to offenders getting 
     adequate shelter upon release. Most offenders do not have 
     enough money at the time of release to rent an apartment and 
     landlords typically are reluctant to rent to former 
     offenders. Some ex-offenders are prohibited from living in 
     public housing because of their criminal records.
       (16) The Bureau of Justice Statistics estimates that 
     1,500,000 children in the United States had a parent in a 
     Federal or State prison in 1999. In addition, over 7,000,000 
     children have a parent under some sort of correctional 
     supervision.
       (17) Children of incarcerated parents face social stigma 
     because of their parents' criminal status. This can cause 
     problems in school, low self-esteem, aggressive behavior, and 
     other emotional dysfunction.
       (18) The reunification of ex-offenders and their families 
     can cause family stress. In some cases, the ex-offender is 
     not welcome in the home and many ex-offenders have difficulty 
     readjusting to family life.
       (19) Studies show that ex-offenders adjust better to family 
     life when their families receive comprehensive support 
     services. These services can also reduce juvenile 
     delinquency, antisocial behavior, and recidivism rates.

     SEC. 3. DEFINITIONS.

       In this Act, the following definitions shall apply:
       (1) Director.--The term ``Director'' means the Director of 
     the Office of Community Justice Services of the Department of 
     Justice, as established under section 101.
       (2) Nongovernmental entities.--The term ``nongovernmental 
     entities'' means any nonprofit organizations, community 
     corrections organizations, faith-based organizations, social 
     service organizations, behavioral healthcare agencies, 
     neighborhood or community-based organizations, and other 
     entities that are not part of a State or local government.
       (3) Proven effectiveness.--The term ``proven 
     effectiveness'' means that a program, project, approach, or 
     practice has been shown by a credible analysis of performance 
     and results to make a significant contribution to the 
     accomplishment of the objectives for which it is undertaken, 
     or to have a significant effect in improving the conditions 
     identified with the problem to which it is addressed.
       (4) State or local corrections agencies.--The term ``State 
     or local corrections agencies'' means the responsible 
     agencies for the imprisonment or incarceration of offenders, 
     or community corrections supervision, in any State of the 
     United States, the District of Columbia, the Commonwealth of

[[Page S11308]]

     Puerto Rico, the Virgin Islands, American Samoa, Guam, Indian 
     tribal governments, and the Northern Mariana Islands, or any 
     political subdivision thereof that performs corrections 
     functions, including any agency of the Federal Government 
     that performs corrections functions for the District of 
     Columbia, or any trust territory of the United States.
       (5) State or local parole or probation agencies.--The term 
     ``State or local parole or probation agencies'' means the 
     responsible agencies for determining or supervising early 
     release of reentering offenders or the supervision of 
     reentering offenders in any State of the United States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Virgin Islands, American Samoa, Guam, Indian tribal 
     governments, and the Northern Mariana Islands, or any 
     political subdivision thereof that performs parole or 
     probation functions, including any agency of the Federal 
     Government that performs these functions for the District of 
     Columbia, or any trust territory of the United States.

             TITLE I--OFFICE OF COMMUNITY JUSTICE SERVICES

     SEC. 101. ESTABLISHMENT OF OFFICE OF COMMUNITY JUSTICE 
                   SERVICES.

       (a) In General.--There is established within the Department 
     of Justice the Office of Community Justice Services, which 
     shall be headed by a Director appointed by the Attorney 
     General from among persons who have experience in 
     corrections, parole, probation, or related matters, or in 
     providing transitional services to offenders who are 
     returning to their home communities.
       (b) Duties.--The Director shall--
       (1) develop and administer programs for grants to State or 
     local corrections agencies, State or local parole and 
     probation agencies, community corrections agencies, and 
     nongovernmental entities in accordance with this Act, for the 
     purposes of preparing incarcerated persons for reentry into 
     the community, or to assist reentering offenders in their 
     transition back into the community; and
       (2) make grants to nongovernmental entities that have 
     experience and expertise in providing such services.

     SEC. 102. NATIONAL OFFENDER REENTRY INITIATIVE CLEARINGHOUSE.

       (a) Grant Authorized.--
       (1) In general.--The Director of the Office of Community 
     Justice Services may award a grant to an eligible 
     organization to establish a National Offender Reentry 
     Initiative Clearinghouse.
       (2) Duration.--The grant awarded under paragraph (1) shall 
     be for a period not to exceed 5 years.
       (b) Use of Funds.--The grant awarded under subsection (a) 
     may be used--
       (1) for education, training, and technical assistance on 
     offender reentry for States, units of local government, 
     corrections agencies, parole and probation agencies, and 
     nongovernmental entities;
       (2) to collect data on best practices from entities 
     receiving a grant under this Act, and from other agencies and 
     organizations;
       (3) to disseminate best practices to States, units of local 
     government, corrections agencies, parole and probation 
     agencies, and nongovernmental entities; and
       (4) to assist State and units of local government to 
     identify barriers to successful offender reentry.
       (c) Application.--Each eligible organization desiring the 
     grant under this section shall submit an application to the 
     Director at such time, in such manner, and containing such 
     information as the Director may reasonably require.
       (d) Eligible Organizations.--A national nonprofit 
     organization may apply for the grant under this section if 
     the organization has experience in providing technical 
     assistance, training, and research on offender reentry 
     programs for States, units of local government, corrections 
     agencies, and parole and probation agencies.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for fiscal 
     years 2005 through 2009 to carry out the provisions of this 
     section.

                        TITLE II--GRANT PROGRAMS

     SEC. 201. REENTRY PREPARATION GRANTS.

       (a) In General.--The Director shall award grants, for a 
     term of not more than 5 years, to State or local corrections 
     agencies to provide services to incarcerated persons, in 
     accordance with the requirements of this section.
       (b) Use of Funds.--Grant funds awarded under subsection (a) 
     may be used for--
       (1) education programs, such as high school equivalency 
     degrees, basic literacy training, civic education, and 
     educational diagnostic services for incarcerated persons;
       (2) mental health and substance abuse assessment and 
     treatment programs, including anger management programs, for 
     incarcerated persons;
       (3) job and vocational skills training for incarcerated 
     persons;
       (4) mentoring programs for incarcerated persons;
       (5) programs, services, and the construction of facilities 
     to promote healthy family bonds, such as family counseling 
     centers and services, telecommunications services for 
     incarcerated parents to communicate with their children, and 
     family friendly visiting areas;
       (6) information programs that meet the requirements of 
     subsection (e); and
       (7) any other program or service that is part of a 
     comprehensive offender reentry plan designed to prepare 
     incarcerated persons for their future return to the 
     community-at-large.
       (c) Partnership Applications.--Each State or local 
     corrections agency may apply for a grant in cooperation with, 
     or contract with upon receiving a grant under this section, 
     nonprofit organizations, faith-based organizations, and 
     nongovernmental entities to develop and provide innovative 
     approaches that will allow incarcerated persons access to the 
     services described under paragraphs (1) through (6) of 
     subsection (b).
       (d) Priority.--Priority in the award of grants shall be 
     given to those State or local correctional agencies that 
     propose partnership applications as described under 
     subsection (c) to develop innovative strategies, as 
     determined by the Director, to deliver the services described 
     under paragraphs (1) through (6) of subsection (b).
       (e) Information.--Each State corrections agency, or State 
     parole or probation agency, receiving a grant under this 
     section shall provide each incarcerated person with written 
     information, in plain and simple wording, on how that person 
     can restore--
       (1) voting rights within the State in which the person will 
     be released; and
       (2) any other civil or civic rights or public benefits 
     denied to the incarcerated person under the law of the State 
     due to their status as an offender.

     SEC. 202. TRANSITION TO COMMUNITY GRANTS.

       (a) In General.--The Director shall award grants, for a 
     term of not more than 5 years, to consortiums of State or 
     local correctional agencies, and State or local parole or 
     probation agencies, for the purposes of providing services to 
     incarcerated persons, who have not more than 1 year remaining 
     of their sentence, or released offenders, not later than 18 
     months after being released, that will facilitate the reentry 
     of such persons into the community, in accordance with the 
     requirements of this section.
       (b) Use of Funds.--Grants awarded under subsection (a) 
     shall be used for--
       (1) education programs, such as high school equivalency 
     degrees, basic literacy training, civic education, and 
     educational diagnostic services;
       (2) mentoring programs;
       (3) life skills training, including family support 
     services;
       (4) mental health and substance abuse assessment and 
     treatment programs, including aftercare programs, intensive 
     case management, and anger management programs;
       (5) job and vocational skills training, including paid work 
     experience programs;
       (6) information programs that meet the requirements of 
     subsection (e); and
       (7) such other services and programs that are part of a 
     comprehensive offender reentry plan designed to assist 
     incarcerated persons or reentering offenders in reentering 
     the community.
       (c) Partnership Applications.--Each applicant for a grant 
     under this section may apply for such grant in cooperation 
     with, or contract with upon receiving a grant, any 
     nongovernmental entities to develop or provide innovative 
     approaches to the services described under paragraphs (1) 
     through (5) of subsection (b).
       (d) Priority.--Priority in the award of grants shall be 
     given to those State or local correctional agencies, or State 
     or local parole or probation agencies that propose 
     partnership applications as described under subsection (c) to 
     develop innovative strategies, as determined by the Director, 
     to deliver the services described under paragraphs (1) 
     through (5) of subsection (b).
       (e) Information.--Each recipient of a grant under this 
     section shall provide each incarcerated person or reentering 
     offender with written information, in plain and simple 
     wording, on how that person can restore--
       (1) voting rights within the State in which the person will 
     be released; and
       (2) any other civil or civic rights or public benefits 
     denied to the incarcerated person under the law of the State 
     due to their status as an offender.

     SEC. 203. COMMUNITY-BASED SUPERVISION AND SUPPORT GRANTS.

       (a) In General.--The Director shall award grants, for a 
     term of not more than 5 years, to State or local parole and 
     probation agencies to provide reentering offenders with 
     services to help such reentering offenders with their 
     transition into the community.
       (b) Use of Funds.--Grant funds awarded under this section 
     may be used for--
       (1) the development or support of parole and probation 
     programs designed to increase coordination between parole 
     officers and social service providers;
       (2) the establishment of parole and probation offices 
     located within areas in which a substantial number of 
     incarcerated persons shall live;
       (3) the development of joint parole, probation, and local 
     law enforcement monitoring programs;
       (4) the provision of comprehensive family case management 
     services to assist families of reentering offenders;
       (5) the funding of research and analysis designed to allow 
     State parole and probation agencies to identify and determine 
     which locations and neighborhoods see the largest number of 
     reentering offenders establishing residency;
       (6) the development of programs that encourage 
     collaboration between parole and probation agencies, and job 
     training programs that serve people with criminal

[[Page S11309]]

     records, including transitional jobs programs;
       (7) the development of geographic-based caseload management 
     systems by State parole and probation agencies for monitoring 
     reentering offenders;
       (8) information programs that meet the requirements of 
     subsection (f); and
       (9) services and programs that have proven effectiveness in 
     helping reentering offenders transition back into life in the 
     community, including transitional housing and mental health 
     and substance abuse treatment services offered as part of a 
     comprehensive offender reentry plan.
       (c) Partnership Applications.--A State or local parole or 
     probation agency applying for a grant under this section may, 
     in order to carry out the purposes of this section, contract 
     or partner with--
       (1) nongovernmental entities with expertise in services 
     that can assist reentering offenders in relocating into a 
     community and their families; and
       (2) State and local government agencies that administer 
     programs or provide services to released offenders, such as 
     child welfare, workforce development agencies, and community 
     corrections agencies.
       (d) Priority.--Priority in the award of grants shall be 
     given to those State or local parole or probation agencies 
     that propose partnership applications as described under 
     subsection (c) to develop innovative strategies, as 
     determined by the Director, to deliver the services described 
     under paragraphs (1) through (7) of subsection (b).
       (e) Limitation.--To receive a grant under this section, 
     each State parole and probation agency shall demonstrate 
     coordination with Federal or State corrections officials in 
     determining where reentering offenders shall be released.
       (f) Information.--Each recipient of a grant under this 
     section shall provide each reentering offender with written 
     information, in plain and simple wording, on how that person 
     can restore--
       (1) voting rights within the State in which the person is 
     being released; and
       (2) any other civil or civic rights or public benefits 
     denied to the reentering offender under the law of the State 
     due to their status as an offender.

     SEC. 204. ADMINISTRATIVE PROVISIONS.

       (a) Apportionment of Grant Funding.--Of the amounts 
     appropriated to carry out the purposes of this Act--
       (1) not less than 70 percent shall be made available to 
     carry out the purposes of sections 201, 202, and 203; and
       (2) up to 30 percent shall be made available to carry out 
     the purposes of subsection (c).
       (b) Matching Funds.--
       (1) In general.--The Federal share of any program, project, 
     or activity funded by a grant made under section 201, 202, or 
     203 shall not exceed 75 percent of the total cost of such 
     program, project, or activity.
       (2) Waiver.--The Attorney General may, in the sole 
     discretion of the Attorney General, waive the requirements of 
     paragraph (1) in whole or in part.
       (c) Discretionary Grants.--
       (1) In general.--The Director shall award grants, for a 
     term of not more than 5 years, on a competitive basis, to 
     State or local correctional agencies, State or local parole 
     or probation agencies, and nongovernmental entities for 
     community protection programs.
       (2) Use of funds.--Grant funds awarded under paragraph (1) 
     shall be used to--
       (A) fund multiyear demonstration programs designed to 
     reduce recidivism and parole violations, and the recipients 
     of a grant may contract with organizations to conduct any 
     necessary research with respect to the program; and
       (B) allow State task forces to conduct an analysis of 
     existing State statutory, regulatory, and practice-based 
     hurdles to the reintegration of a prisoner into the community 
     that--
       (i) takes particular note of laws, regulations, rules, and 
     practices that disqualify people with criminal records from 
     obtaining drivers licenses, professional licenses, or other 
     requirements necessary for certain types of employment, and 
     that hinder full civic participation; and
       (ii) identifies and recommends for repeal or modification 
     those laws, regulations, rules, or practices that do not 
     demonstrate a rational connection between the existing 
     statutory or regulatory prohibition, the type of conviction, 
     and the risk that the individual may pose to the community.
       (3) Application.--Any State or local correctional agency or 
     State or local parole or probation agency wishing to receive 
     a grant under paragraph (1) shall submit to the Director an 
     application setting forth a description of the planned 
     demonstration program. The Director shall establish 
     guidelines for assessing such applications.
       (d) Submission of Information.--Prior to the distribution 
     of grant funds under section 201, 202, or 203, each State 
     shall submit to the Director a description of the activities 
     to be carried out using such grant funds.
       (e) Nonsupplanting Requirement.--Funds made available under 
     this title shall not be used to supplant State or local 
     funds, but shall be used to increase the amount of funds that 
     would, in the absence of Federal funds received under this 
     title, be made available from State or local sources.
       (f) Performance Evaluations.--Selected grant recipients 
     shall be evaluated pursuant to guidelines established by the 
     Director.
       (g) Revocation or Suspension of Funding.--If the Director 
     determines that a grant recipient under this title is not in 
     substantial compliance with the terms and requirements of an 
     approved grant application submitted under this title, the 
     Director may revoke or suspend funding of that grant, in 
     whole or in part.

      TITLE III--CIVIC EDUCATION FOR REENTERING FEDERAL PRISONERS

     SEC. 301. CIVIC EDUCATION FOR REENTERING FEDERAL PRISONERS.

       (a) In General.--Not later than 3 months after the date of 
     enactment of this Act, the Bureau of Prisons of the 
     Department of Justice shall provide each reentering 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.
       (b) Publication.--The information required under subsection 
     (a) shall be provided to each reentering offender in writing, 
     and in a language that the reentering offender can 
     understand.

   TITLE IV--GRANTS FOR RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE

     SEC. 401. GRANTS FOR RESEARCH, TRAINING, AND TECHNICAL 
                   ASSISTANCE.

       Up to 5 percent of the funds made available under this Act 
     may be used for research, technical assistance, and training 
     carried out or commissioned by the Attorney General in 
     furtherance of the purposes of this Act.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

     SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out the 
     purposes of titles II and III of this Act--
       (1) $75,000,000 for fiscal year 2005;
       (2) $150,000,000 for fiscal year 2006;
       (3) $325,000,000 for fiscal year 2007;
       (4) $450,000,000 for fiscal year 2008; and
       (5) $500,000,000 for fiscal year 2009.
                                 ______
                                 
      By Mr. REID (for himself, Mr. Nelson of Nebraska, Mr. Baucus, Mr. 
        Burns, Mr. Stevens, and Mr. Ensign):
  S. 2978. A bill relating to State regulation of access to hunting and 
fishing; to the Committee on the Judiciary.
  Mr. REID. Mr. President, the legislation I am introducing today 
explicitly reaffirms each State's right to regulate hunting and 
fishing.
  I am pleased that Senators Ben Nelson, Conrad Burns, and Ted Stevens 
are joining me in sponsoring this important bill.
  This is a Nevada issue, but it is also a national issue, as a recent 
Federal circuit court ruling undermines traditional hunting and fishing 
laws.
  In Conservation Force v. Dennis Manning, the Ninth Circuit Court of 
Appeals ruled that State laws that distinguish between State residents 
and non-residents for the purpose of affording hunting and related 
privileges are constitutionally suspect.
  This threatens the conservation of wildlife resources and 
recreational opportunities.
  Although the Ninth Circuit found the purposes of such regulation to 
be sound, the Court questioned the validity of tag limits for non-
resident hunters.
  I respect the authority of States to enact laws to protect their 
legitimate interests in conserving fish and game, as well as providing 
opportunities for State residents to hunt and fish.
  That's what this legislation says--we respect that State right.
  Sportsmen are ardent conservationists. They support wildlife 
conservation not only through the payment of State and local taxes and 
other fees, but also through local non-profit conservation efforts and 
by volunteering their time.
  For example, in Nevada there are great groups such as Nevada Bighorns 
Unlimited and the Fraternity of Desert Bighorn. These are dedicated 
sportsmen who spend countless hours, as well as money, building 
``guzzlers'' in the desert, which help provide a reliable source of 
water for Desert Bighorn Sheep.

  Without these efforts it would be extremely hard for the Bighorn 
Sheep to survive, because many areas of their natural habitat where 
they used to drink water have been developed.
  Today, Southern Nevada is in the 5th year of a 500 year drought, and 
the work of the groups I mentioned is saving the lives of hundreds of 
bighorns.
  The involvement of local sportsmen in protecting and conserving 
wildlife is one of the facts that justifies traditional resident/non-
resident distinctions, and provides the motivation for our legislation.
  The regulation of wildlife is traditionally within a State's purview, 
and

[[Page S11310]]

this legislation simply affirms the traditional role of States in the 
regulation of fish and game.
  This bill is time sensitive.
  This bill needs to pass before next year's hunting season begins.
  I look forward to working with my colleagues to expedite passage of 
this important legislation.
  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. 2978

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

     SECTION 1. STATE REGULATION OF ACCESS TO HUNTING AND FISHING.

       (a) Declaration of Policy.--Congress hereby declares that--
       (1) the continued regulation of access to hunting and 
     fishing by the several States is in the public interest; and
       (2) silence on the part of Congress shall not be construed 
     to impose any commerce clause barrier to the regulation of 
     such activities by the several States.
       (b) State Regulation of Access to Hunting and Fishing.--The 
     licensing of hunting and fishing, or of other access thereto, 
     and every person engaged in hunting or fishing, shall be 
     subject to the laws of the several States which relate to the 
     regulation of such activities.
       (c) Construction.--No Act of Congress shall be construed to 
     invalidate, impair, or supersede any law enacted by any State 
     for the purpose of regulating the access to hunting and 
     fishing unless such Act specifically so states.

                          ____________________