[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.
____________________