[Congressional Record Volume 153, Number 175 (Tuesday, November 13, 2007)]
[House]
[Pages H13564-H13582]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       SECOND CHANCE ACT OF 2007

  Mr. CONYERS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1593) to reauthorize the grant program for reentry of 
offenders into the community in the Omnibus Crime Control and Safe 
Streets Act of 1968, to

[[Page H13565]]

improve reentry planning and implementation, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1593

       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 ``Second Chance Act of 2007: 
     Community Safety Through Recidivism Prevention'' or the 
     ``Second Chance Act of 2007''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Purposes; findings.
Sec. 4. Definition of Indian tribe.
Sec. 5. Submission of reports to Congress.
Sec. 6. Rule of construction.

   TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE 
                          STREETS ACT OF 1968

             Subtitle A--Improvements to Existing Programs

Sec. 101. Reauthorization of adult and juvenile offender State and 
              local reentry demonstration projects.
Sec. 102. Improvement of the residential substance abuse treatment for 
              State offenders program.
Sec. 103. Definition of violent offender for drug court grant program.
Sec. 104. Use of violent offender truth-in-sentencing grant funding for 
              demonstration project activities.

  Subtitle B--New and Innovative Programs To Improve Offender Reentry 
                                Services

Sec. 111. State, tribal, and local reentry courts.
Sec. 112. Prosecution drug treatment alternative to prison programs.
Sec. 113. Grants for family-based substance abuse treatment.
Sec. 114. Grant to evaluate and improve education at prisons, jails, 
              and juvenile facilities.
Sec. 115. Technology Careers Training Demonstration Grants.

     TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS

                       Subtitle A--Drug Treatment

Sec. 201. Offender reentry substance abuse and criminal justice 
              collaboration program.

                         Subtitle B--Mentoring

Sec. 211. Mentoring grants to nonprofit organizations.
Sec. 212. Responsible reintegration of offenders.
Sec. 213. Bureau of prisons policy on mentoring contacts.
Sec. 214. Bureau of prisons policy on chapel library materials.

             Subtitle C--Administration of Justice Reforms

             Chapter 1--Improving Federal Offender Reentry

Sec. 231. Federal prisoner reentry initiative.
Sec. 232. Bureau of prisons policy on restraining of female prisoners.

                      Chapter 2--Reentry Research

Sec. 241. Offender reentry research.
Sec. 242. Grants to study parole or post-incarceration supervision 
              violations and revocations.
Sec. 243. Addressing the needs of children of incarcerated parents.
Sec. 244. Study of effectiveness of depot naltrexone for heroin 
              addiction.
Sec. 245. Authorization of appropriations for research.

            Chapter 3--Correctional Reforms to Existing Law

Sec. 251. Clarification of authority to place prisoner in community 
              corrections.
Sec. 252. Residential drug abuse program in Federal prisons.
Sec. 253. Contracting for services for post-conviction supervision 
              offenders.

                  Chapter 4--Miscellanuous Provisions

Sec. 261. Extension of national prison rape elimination commission.

     SEC. 3. PURPOSES; FINDINGS.

       (a) Purposes.--The purposes of the Act are--
       (1) to break the cycle of criminal recidivism, increase 
     public safety, and help States, local units of government, 
     and Indian Tribes, better address the growing population of 
     criminal offenders who return to their communities and commit 
     new crimes;
       (2) to rebuild ties between offenders and their families, 
     while the offenders are incarcerated and after reentry into 
     the community, to promote stable families and communities;
       (3) to encourage the development and support of, and to 
     expand the availability of, evidence-based programs that 
     enhance public safety and reduce recidivism, such as 
     substance abuse treatment, alternatives to incarceration, and 
     comprehensive reentry services;
       (4) to protect the public and promote law-abiding conduct 
     by providing necessary services to offenders, while the 
     offenders are incarcerated and after reentry into the 
     community, in a manner that does not confer luxuries or 
     privileges upon such offenders;
       (5) to assist offenders reentering the community from 
     incarceration to establish a self-sustaining and law-abiding 
     life by providing sufficient transitional services for as 
     short of a period as practicable, not to exceed one year, 
     unless a longer period is specifically determined to be 
     necessary by a medical or other appropriate treatment 
     professional; and
       (6) to provide offenders in prisons, jails or juvenile 
     facilities with educational, literacy, vocational, and job 
     placement services to facilitate re-entry into the community.
       (b) Findings.--Congress finds the following:
       (1) In 2002, over 7,000,000 people were incarcerated in 
     Federal or State prisons or in local jails. Nearly 650,000 
     people are released from Federal and State incarceration into 
     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 more than 
     10,000,000 people back into the community.
       (3) Recent studies indicate that over \2/3\ of released 
     State prisoners are expected to be rearrested for a felony or 
     serious misdemeanor within 3 years after release.
       (4) According to the Bureau of Justice Statistics, 
     expenditures on corrections alone increased from 
     $9,000,000,000 in 1982, to $59,600,000,000 in 2002. These 
     figures do not include the cost of arrest and prosecution, 
     nor do they take into account the cost to victims.
       (5) The Serious and Violent Offender Reentry Initiative 
     (SVORI) provided $139,000,000 in funding for State 
     governments to develop and implement education, job training, 
     mental health treatment, and substance abuse treatment for 
     serious and violent offenders. This Act seeks to build upon 
     the innovative and successful State reentry programs 
     developed under the SVORI, which terminated after fiscal year 
     2005.
       (6) 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.
       (7) Released prisoners cite family support as the most 
     important factor in helping them stay out of prison. Research 
     suggests that families are an often underutilized resource in 
     the reentry process.
       (8) Approximately 100,000 juveniles (ages 17 years and 
     under) leave juvenile correctional facilities, State prison, 
     or Federal prison each year. Juveniles released from secure 
     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.
       (9) Studies have shown that between 15 percent and 27 
     percent of prisoners expect to go to homeless shelters upon 
     release from prison.
       (10) Fifty-seven percent of Federal and 70 percent of State 
     inmates used drugs regularly before going to prison, and the 
     Bureau of Justice statistics report titled ``Trends in State 
     Parole, 1990-2000'' estimates the use of drugs or alcohol 
     around the time of the offense that resulted in the 
     incarceration of the inmate at as high as 84 percent.
       (11) Family-based treatment programs have proven results 
     for serving the special populations 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 6 months after such treatment, 60 percent 
     of the mothers remained alcohol and drug free, and drug-
     related offenses declined from 28 percent 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 remained 
     stabilized.
       (12) A Bureau of Justice Statistics analysis indicated that 
     only 33 percent of Federal inmates and 36 percent of State 
     inmates had participated in residential in-patient treatment 
     programs for alcohol and drug abuse 12 months before their 
     release. Further, over one-third 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.
       (13) State Substance Abuse Agency Directors, also known as 
     Single State Authorities, manage the publicly funded 
     substance abuse prevention and treatment system of the 
     Nation. Single State Authorities are responsible for planning 
     and implementing statewide systems of care that provide 
     clinically appropriate substance abuse services. Given the 
     high rate of substance use disorders among offenders 
     reentering our communities, successful reentry programs 
     require close interaction and collaboration with each Single 
     State Authority as the program is planned, implemented, and 
     evaluated.
       (14) According to the National Institute of Literacy, 70 
     percent of all prisoners function at the lowest literacy 
     levels.

[[Page H13566]]

       (15) Less than 32 percent of State prison inmates have a 
     high school diploma or a higher level of education, compared 
     to 82 percent of the general population.
       (16) Approximately 38 percent of inmates who completed 11 
     years or less of school were not working before entry into 
     prison.
       (17) The percentage of State prisoners participating in 
     educational programs decreased by more than 8 percent between 
     1991 and 1997, despite growing evidence of how educational 
     programming while incarcerated reduces recidivism.
       (18) The National Institute of Justice has found that 1 
     year after release, up to 60 percent of former inmates are 
     not employed.
       (19) Transitional jobs programs have proven to help people 
     with criminal records to successfully return to the workplace 
     and to the community, and therefore can reduce recidivism.

     SEC. 4. DEFINITION OF INDIAN TRIBE.

       In this Act, the term ``Indian Tribe'' has the meaning 
     given that term in section 901 of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3791).

     SEC. 5. SUBMISSION OF REPORTS TO CONGRESS.

       Not later than January 31 of each year, the Attorney 
     General shall submit to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives each report required by the Attorney General 
     under this Act or an amendment made by this Act during the 
     preceding year.

     SEC. 6. RULE OF CONSTRUCTION.

        Nothing in this Act or an amendment made by this Act shall 
     be construed as creating a right or entitlement to assistance 
     or services for any individual, program, or grant recipient. 
     Each grant made under this Act or an amendment made by this 
     Act shall--
       (1) be made as competitive grants to eligible entities for 
     a 12-month period, except that grants awarded under section 
     113, 201, 211, and 212 may be made for a 24-month period; and
       (2) require that services for participants, when necessary 
     and appropriate, be transferred from programs funded under 
     this Act or the amendment made by this Act, respectively, to 
     State and community-based programs not funded under this Act 
     or the amendment made by this Act, respectively, before the 
     expiration of the grant.

   TITLE I--AMENDMENTS RELATED TO THE OMNIBUS CRIME CONTROL AND SAFE 
                          STREETS ACT OF 1968

             Subtitle A--Improvements to Existing Programs

     SEC. 101. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER 
                   STATE AND LOCAL REENTRY DEMONSTRATION PROJECTS.

       (a) Adult and Juvenile 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) providing offenders in prisons, jails, or juvenile 
     facilities with educational, literacy, vocational, and job 
     placement services to facilitate re-entry into the community;
       ``(2) providing substance abuse treatment and services 
     (including providing a full continuum of substance abuse 
     treatment services that encompasses outpatient and 
     comprehensive residential services and recovery);
       ``(3) providing coordinated supervision and comprehensive 
     services for offenders upon release from prison, jail, or a 
     juvenile facility, including housing and mental and physical 
     health care to facilitate re-entry into the community, and 
     which, to the extent applicable, are provided by community-
     based entities (including coordinated reentry veteran-
     specific services for eligible veterans);
       ``(4) providing programs that--
       ``(A) encourage offenders to develop safe, healthy, and 
     responsible family relationships and parent-child 
     relationships; and
       ``(B) involve the entire family unit in comprehensive 
     reentry services (as appropriate to the safety, security, and 
     well-being of the family and child);
       ``(5) encouraging the involvement of prison, jail, or 
     juvenile facility mentors in the reentry process and enabling 
     those mentors to remain in contact with offenders while in 
     custody and after reentry into the community;
       ``(6) providing victim-appropriate services, encouraging 
     the timely and complete payment of restitution and fines by 
     offenders to victims, and providing services such as security 
     and counseling to victims upon release of offenders; and
       ``(7) protecting communities against dangerous offenders by 
     using validated assessment tools to assess the risk factors 
     of returning inmates and developing or adopting procedures to 
     ensure that dangerous felons are not released from prison 
     prematurely.''.
       (b) Juvenile Offender Demonstration Projects 
     Reauthorized.--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 described in subsection (b).''.
       (c) Applications; Requirements; 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, or combination thereof, desiring 
     a grant under this section shall submit an application to the 
     Attorney General that--
       ``(1) contains a reentry strategic plan, as described in 
     subsection (h), which describes the long-term strategy and 
     incorporates a detailed implementation schedule, including 
     the plans of the applicant to pay for the program after the 
     Federal funding is discontinued;
       ``(2) identifies the local government role and the role of 
     governmental agencies and nonprofit organizations that will 
     be coordinated by, and that will collaborate on, the offender 
     reentry strategy of the applicant, and certifies the 
     involvement of such agencies and organizations;
       ``(3) describes the evidence-based methodology and outcome 
     measures that will be used to evaluate the program funded 
     with a grant under this section, and specifically explains 
     how such measurements will provide valid measures of the 
     impact of that program; and
       ``(4) describes how the project could be broadly replicated 
     if demonstrated to be effective.
       ``(e) Requirements.--The Attorney General may make a grant 
     to an applicant under this section only if the application--
       ``(1) reflects explicit support of the chief executive 
     officer of the State, 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 offenders into their communities;
       ``(3) provides extensive evidence of collaboration with 
     State and local government agencies overseeing health, 
     housing, child welfare, education, substance abuse, victims 
     services, and employment services, and with local law 
     enforcement agencies;
       ``(4) provides a plan for analysis of the statutory, 
     regulatory, rules-based, and practice-based hurdles to 
     reintegration of offenders into the community; and
       ``(5) includes the use of a State, local, territorial, or 
     Tribal task force, described in subsection (i), to carry out 
     the activities funded under the grant.
       ``(f) Priority Considerations.--The Attorney General shall 
     give priority to grant applications under this section that 
     best--
       ``(1) focus initiative on geographic areas with a 
     disproportionate population of offenders released from 
     prisons, jails, and juvenile facilities;
       ``(2) include--
       ``(A) input from nonprofit organizations, in any case where 
     relevant input is available and appropriate to the grant 
     application;
       ``(B) consultation with crime victims and offenders who are 
     released from prisons, jails, and juvenile facilities; and
       ``(C) coordination with families of offenders;
       ``(3) demonstrate effective case assessment and management 
     abilities in order to provide comprehensive and continuous 
     reentry, including--
       ``(A) planning while offenders are in prison, jail, or a 
     juvenile facility, prerelease transition housing, and 
     community release;
       ``(B) establishing prerelease planning procedures to ensure 
     that the eligibility of an offender for Federal or State 
     benefits upon release is established prior to release, 
     subject to any limitations in law, and to ensure that 
     offenders obtain all necessary referrals for reentry 
     services; and
       ``(C) delivery of continuous and appropriate drug 
     treatment, medical care, job training and placement, 
     educational services, or any other service or support needed 
     for reentry;
       ``(4) review the process by which the applicant adjudicates 
     violations of parole, probation, or supervision following 
     release from prison, jail, or a juvenile facility, taking 
     into account public safety and the use of graduated, 
     community-based sanctions for minor and technical violations 
     of parole, probation, or supervision (specifically those 
     violations that are not otherwise, and independently, a 
     violation of law);
       ``(5) provide for an independent evaluation of reentry 
     programs that include, to the maximum extent possible, random 
     assignment and controlled studies to determine the 
     effectiveness of such programs; and
       ``(6) target high-risk offenders for reentry programs 
     through validated assessment tools.
       ``(g) Uses of Grant Funds.--
       ``(1) Federal share.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Federal share of a grant received under this section may 
     not exceed 50 percent of the project funded under such grant 
     in fiscal year 2009.
       ``(B) Waiver.--Subparagraph (A) shall not apply if the 
     Attorney General--
       ``(i) waives, in whole or in part, the requirement of this 
     paragraph; and
       ``(ii) publishes in the Federal Register the rationale for 
     such waiver.
       ``(C) In-kind contributions.--
       ``(i) In general.--Subject to clause (ii), the recipient of 
     a grant under this section may meet the matching requirement 
     under subparagraph (A) by making in-kind contributions of 
     goods or services that are directly

[[Page H13567]]

     related to the purpose for which such grant was awarded.
       ``(ii) Maximum percentage.--Not more than 50 percent of the 
     amount provided by a recipient of a grant under this section 
     to meet the matching requirement under subparagraph (A) may 
     be provided through in-kind contributions under clause (i).
       ``(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-year performance outcomes, and that uses, to the 
     maximum extent possible, random assigned and controlled 
     studies to determine the effectiveness of the program funded 
     with a grant under this section. One goal of that plan shall 
     be to reduce the rate of recidivism (as defined by the 
     Attorney General, consistent with the research on offender 
     reentry undertaken by the Bureau of Justice Statistics) by 50 
     percent over a 5-year period for offenders released from 
     prison, jail, or a juvenile facility who are served with 
     funds made available under this section.
       ``(2) Coordination.--In developing a reentry plan under 
     this subsection, an applicant shall coordinate with 
     communities and stakeholders, including persons in the fields 
     of public safety, juvenile and adult corrections, housing, 
     health, education, substance abuse, children and families, 
     victims services, employment, and business and members of 
     nonprofit organizations that can provide reentry services.
       ``(3) Measurements of progress.--Each reentry plan 
     developed under this subsection shall measure the progress of 
     the applicant 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 applicant shall establish 
     or empower a Reentry Task Force, or other relevant convening 
     authority, to--
       ``(A) examine ways to pool resources and funding streams to 
     promote lower recidivism rates for returning offenders and 
     minimize the harmful effects of offenders' time in prison, 
     jail, or a juvenile facility on families and communities of 
     offenders by collecting data and best practices in offender 
     reentry from demonstration grantees and other agencies and 
     organizations; and
       ``(B) provide the analysis described in subsection (e)(4).
       ``(2) Membership.--The task force or other authority under 
     this subsection shall be comprised of--
       ``(A) relevant State, Tribal, territorial, or local 
     leaders; and
       ``(B) representatives of relevant--
       ``(i) agencies;
       ``(ii) service providers;
       ``(iii) nonprofit organizations; and
       ``(iv) stakeholders.
       ``(j) Strategic Performance Outcomes.--
       ``(1) In general.--Each applicant shall identify in the 
     reentry strategic plan developed under subsection (h), 
     specific performance outcomes relating 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) reduction in recidivism rates, which shall be 
     reported in accordance with the measure selected by the 
     Director of the Bureau of Justice Statistics under section 
     234(c)(2) of the Second Chance Act of 2007;
       ``(B) reduction in crime;
       ``(C) increased employment and education opportunities;
       ``(D) reduction in violations of conditions of supervised 
     release;
       ``(E) increased payment of child support;
       ``(F) increased housing opportunities;
       ``(G) reduction in drug and alcohol abuse; and
       ``(H) increased participation in substance abuse and mental 
     health services.
       ``(3) Other outcomes.--A grantee under this section may 
     include in the reentry strategic plan developed under 
     subsection (h) other performance outcomes that increase the 
     success rates of offenders who transition from prison, jails, 
     or juvenile facilities.
       ``(4) Coordination.--A grantee under this section shall 
     coordinate with communities and stakeholders about the 
     selection of performance outcomes identified by the 
     applicant, and shall consult with the Attorney General for 
     assistance with data collection and measurement activities as 
     provided for in the grant application materials.
       ``(5) Report.--Each grantee under this section shall submit 
     to the Attorney General an annual report that--
       ``(A) identifies the progress of the grantee toward 
     achieving its strategic performance outcomes; and
       ``(B) describes other activities conducted by the grantee 
     to increase the success rates of the reentry population, such 
     as programs that foster effective risk management and 
     treatment programming, offender accountability, and community 
     and victim participation.
       ``(k) Performance Measurement.--
       ``(1) In general.--The Attorney General, in consultation 
     with grantees under this section, 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) consult with the Substance Abuse and Mental Health 
     Services Administration and the National Institute on Drug 
     Abuse on strategic performance outcome measures and data 
     collection for purposes of this section relating to substance 
     abuse and mental health.
       ``(2) Coordination.--The Attorney General shall coordinate 
     with other Federal agencies to identify national and other 
     sources of information to support performance measurement of 
     grantees.
       ``(3) Standards for analysis.--Any statistical analysis of 
     population data conducted pursuant to this section shall be 
     conducted in accordance with the Federal Register Notice 
     dated October 30, 1997, relating to classification standards.
       ``(l) Future Eligibility.--To be eligible to receive a 
     grant under this section in any fiscal year after the fiscal 
     year in which a grantee receives a grant under this section, 
     a grantee shall submit to the Attorney General such 
     information as is necessary to demonstrate that--
       ``(1) the grantee has adopted a reentry plan that reflects 
     input from nonprofit organizations, in any case where 
     relevant input is available and appropriate to the grant 
     application;
       ``(2) the reentry plan of the grantee includes performance 
     measures to assess progress of the grantee toward a 10 
     percent reduction in the rate of recidivism over a 2-year 
     period;
       ``(3) the grantee will coordinate with the Attorney 
     General, nonprofit organizations (if relevant input from 
     nonprofit organizations is available and appropriate), and 
     other experts regarding the selection and implementation of 
     the performance measures described in subsection (k); and
       ``(4) the grantee has made adequate progress, as determined 
     by the Attorney General, toward reducing the rate of 
     recidivism by 10 percent over a 2-year period.
       ``(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 Interagency Task Force on 
     Federal Programs and Activities Relating to the Reentry of 
     Offenders Into the Community, that 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 a grant 
     under paragraph (1) shall establish a National Adult and 
     Juvenile Offender Reentry Resource Center to--
       ``(A) provide education, training, and technical assistance 
     for States, tribes, territories, local governments, service 
     providers, nonprofit 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 information 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, 
     parole, or supervision following release from prison, jail, 
     or a juvenile facility who should be returned to prisons, 
     jails, or juvenile facilities and those who should receive 
     other penalties based on defined, graduated sanctions;
       ``(G) collaborate with the Interagency Task Force on 
     Federal Programs and Activities Relating to the Reentry of 
     Offenders Into the Community, and the Federal Resource Center 
     for Children of Prisoners;
       ``(H) develop a national reentry research agenda; and
       ``(I) establish a database to enhance the availability of 
     information that will assist offenders in areas including 
     housing, employment, counseling, mentoring, medical and 
     mental health services, substance abuse treatment, 
     transportation, and daily living skills.
       ``(4) Limit.--Of amounts made available to carry out this 
     section, not more than 4 percent of the authorized level 
     shall be available to carry out this subsection.
       ``(n) Administration.--Of amounts made available to carry 
     out this section--

[[Page H13568]]

       ``(1) not more than 2 percent of the authorized level shall 
     be available for administrative expenses in carrying out this 
     section; and
       ``(2) not more than 2 percent of the authorized level shall 
     be made available to the National Institute of Justice to 
     evaluate the effectiveness of the demonstration projects 
     funded under this section, using a methodology that--
       ``(A) includes, to the maximum extent feasible, random 
     assignment of offenders (or entities working with such 
     persons) to program delivery and control groups; and
       ``(B) generates evidence on which reentry approaches and 
     strategies are most effective.''.
       (d) Grant Authorization.--Section 2976(a) of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3797w(a)) is amended by striking ``States, Territories'' and 
     all that follows through the period at the end and inserting 
     the following: ``States, local governments, territories, or 
     Indian Tribes, or any combination thereof, in partnership 
     with stakeholders, service providers, and nonprofit 
     organizations.''.
       (e) Authorization of Appropriations.--Section 2976(o) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3797w), as so redesignated by subsection (c) of this 
     section, is amended--
       (1) in paragraph (1), by striking ``$15,000,000 for fiscal 
     year 2003'' and all that follows and inserting ``$55,000,000 
     for each of fiscal years 2009 and 2010.''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Limitation; equitable distribution.--
       ``(A) Limitation.--Of the amount made available to carry 
     out this section for any fiscal year, not more than 3 percent 
     or less than 2 percent may be used for technical assistance 
     and training.
       ``(B) Equitable distribution.--The Attorney General shall 
     ensure that grants awarded under this section are equitably 
     distributed among the geographical regions and between urban 
     and rural populations, including Indian Tribes, consistent 
     with the objective of reducing recidivism among criminal 
     offenders.''.

     SEC. 102. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE ABUSE 
                   TREATMENT FOR STATE OFFENDERS PROGRAM.

       (a) Requirement for Aftercare Component.--Section 1902(c) 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796ff-1(c)), is amended--
       (1) by striking the subsection heading and inserting 
     ``Requirement for aftercare component''; and
       (2) by amending paragraph (1) to read as follows:
       ``(1) To be eligible for funding under this part, a State 
     shall ensure that individuals who participate in the 
     substance abuse treatment program established or implemented 
     with assistance provided under this part will be provided 
     with aftercare services, which may include case management 
     services and a full continuum of support services that ensure 
     providers furnishing services under that program are approved 
     by the appropriate State or local agency, and licensed, if 
     necessary, to provide medical treatment or other health 
     services.''.
       (b) Definition.--Section 1904(d) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-3(d)) 
     is amended to read as follows:
       ``(d) Residential Substance Abuse Treatment Program 
     Defined.--In this part, the term `residential substance abuse 
     treatment program' means a course of comprehensive individual 
     and group substance abuse treatment services, lasting a 
     period of at least 6 months, in residential treatment 
     facilities set apart from the general population of a prison 
     or jail (which may include the use of pharmacological 
     treatment, where appropriate, that may extend beyond such 
     period).''.
       (c) Requirement for Study and Report on Aftercare 
     Services.--The Attorney General, through the National 
     Institute of Justice, and in consultation with the National 
     Institute on Drug Abuse, shall conduct a study on the use and 
     effectiveness of funds used by the Department of Justice for 
     aftercare services under section 1902(c) of the Omnibus Crime 
     Control and Safe Streets Act of 1968, as amended by 
     subsection (a) of this section, for offenders who reenter the 
     community after completing a substance abuse program in 
     prison or jail.

     SEC. 103. DEFINITION OF VIOLENT OFFENDER FOR DRUG COURT GRANT 
                   PROGRAM.

       (a) Definition.--Section 2953(a)(1) of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3797u-
     2(a)(1)) is amended by inserting ``that is punishable by a 
     term of imprisonment exceeding one year'' after ``convicted 
     of an offense''.
       (b) Period for Compliance.--Notwithstanding Section 2952(2) 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3797u-1(2)), each grantee under part EE of such Act 
     shall have not more than 3 years from the date of the 
     enactment of this Act to adopt the definition of ``violent 
     offender'' under such part, as amended by subsection (a) of 
     this section.
       (c) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall revise any 
     regulations or guidelines described in section 2952 of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3797u-1) in accordance with the amendments made by subsection 
     (a). Such regulations shall specify that grant amounts under 
     part EE of such Act shall be reduced for any drug court that 
     does not adopt the definition of ``violent offender'' under 
     such part, as amended by subsection (a) of this section, 
     within 3 years after such date of enactment.

     SEC. 104. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT 
                   FUNDING FOR DEMONSTRATION PROJECT ACTIVITIES.

       (a) Permissible Uses.--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 new paragraph:
       ``(4) to carry out any activity referred to in section 
     2976(b) of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3797w(b)).''
       (b) Use of Funds Appropriated.--Section 20108(b)(4) of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 13708(b)(4)) is amended by adding at the end the 
     following: ``Funds obligated, but subsequently unspent and 
     deobligated, may remain available, to the extent as may 
     provided in appropriations Acts, for the purpose described in 
     section 20102(a)(4) for any subsequent fiscal year. The 
     further obligation of such funds by an official for such 
     purpose shall not be delayed, directly or indirectly, in any 
     manner by any officer or employee in the executive branch.''

  Subtitle B--New and Innovative Programs To Improve Offender Reentry 
                                Services

     SEC. 111. STATE, TRIBAL, AND LOCAL REENTRY COURTS.

       Part FF of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797w et seq.) is amended by 
     adding at the end the following:

     ``SEC. 2978. STATE, TRIBAL, AND LOCAL REENTRY COURTS.

       ``(a) Grants Authorized.--The Attorney General may award 
     grants, in accordance with this section, of not more than 
     $500,000 to--
       ``(1) State, Tribal, and local courts; and
       ``(2) State agencies, municipalities, public agencies, 
     nonprofit organizations, territories, and Indian Tribes that 
     have agreements with courts to take the lead in establishing 
     a reentry court (as described in section 2976(b)(19)).
       ``(b) Use of Grant Funds.--Grant funds awarded under this 
     section shall be administered in accordance with such 
     guidelines, regulations, and procedures as promulgated by the 
     Attorney General, and may be used to--
       ``(1) monitor juvenile and adult offenders reentering the 
     community;
       ``(2) provide juvenile and adult offenders reentering the 
     community with coordinated and comprehensive reentry services 
     and programs such as--
       ``(A) drug and alcohol testing and assessment for 
     treatment;
       ``(B) assessment for substance abuse from a substance abuse 
     professional who is approved by the State or Indian Tribe and 
     licensed by the appropriate entity to provide alcohol and 
     drug addiction treatment, as appropriate;
       ``(C) substance abuse treatment from a provider that is 
     approved by the State or Indian Tribe, and licensed, if 
     necessary, to provide medical and other health services;
       ``(D) health (including mental health) services and 
     assessment;
       ``(E) aftercare and case management services that--
       ``(i) facilitate access to clinical care and related health 
     services; and
       ``(ii) coordinate with such clinical care and related 
     health services; and
       ``(F) any other services needed for reentry;
       ``(3) convene community impact panels, victim impact 
     panels, or victim impact educational classes;
       ``(4) provide and coordinate the delivery of community 
     services to juvenile and adult offenders, including--
       ``(A) housing assistance;
       ``(B) education;
       ``(C) job training;
       ``(D) conflict resolution skills training;
       ``(E) batterer intervention programs; and
       ``(F) other appropriate social services; and
       ``(5) establish and implement graduated sanctions and 
     incentives.
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed as preventing a grantee that operates a drug 
     court under part EE at the time a grant is awarded under this 
     section from using funds from such grant to supplement such 
     drug court in accordance with paragraphs (1) through (5) of 
     subsection (b).
       ``(d) Application.--To be eligible for a grant under this 
     section, an entity described in subsection (a) shall, in 
     addition to any other requirements required by the Attorney 
     General, submit to the Attorney General an application that--
       ``(1) describes the program to be assisted under this 
     section and the need for such program;
       ``(2) describes a long-term strategy and detailed 
     implementation plan for such program, including how the 
     entity plans to pay for the program after the Federal funding 
     is discontinued;
       ``(3) identifies the governmental and community agencies 
     that will be coordinated by the project;
       ``(4) certifies that--

[[Page H13569]]

       ``(A) all agencies affected by the program, including 
     community corrections and parole entities, have been 
     appropriately consulted in the development of the program;
       ``(B) there will be appropriate coordination with all such 
     agencies in the implementation of the program; and
       ``(C) there will be appropriate coordination and 
     consultation with the Single State Authority for Substance 
     Abuse (as that term is defined in section 201(e) of the 
     Second Chance Act of 2007) of the State; and
       ``(5) describes the methodology and outcome measures that 
     will be used to evaluate the program.
       ``(e) Matching Requirements.--The Federal share of a grant 
     under this section may not exceed 75 percent of the costs of 
     the project assisted by such grant unless the Attorney 
     General--
       ``(1) waives, wholly or in part, the matching requirement 
     under this subsection; and
       ``(2) publicly delineates the rationale for the waiver.
       ``(f) Annual Report.--Each entity receiving a grant under 
     this section shall submit to the Attorney General, for each 
     fiscal year in which funds from the grant are expended, a 
     report, at such time and in such manner as the Attorney 
     General may reasonably require, that contains--
       ``(1) a summary of the activities carried out under the 
     program assisted by the grant;
       ``(2) an assessment of whether the activities are meeting 
     the need for the program identified in the application 
     submitted under subsection (d); and
       ``(3) such other information as the Attorney General may 
     require.
       ``(g) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     $10,000,000 for each of fiscal years 2009 and 2010 to carry 
     out this section.
       ``(2) Limitations; equitable distribution.--
       ``(A) Limitations.--Of the amount made available to carry 
     out this section in any fiscal year--
       ``(i) not more than 2 percent may be used by the Attorney 
     General for salaries and administrative expenses; and
       ``(ii) not more than 5 percent nor less than 2 percent may 
     be used for technical assistance and training.
       ``(B) Equitable distribution.--The Attorney General shall 
     ensure that grants awarded under this section are equitably 
     distributed among the geographical regions and between urban 
     and rural populations, including Indian Tribes, consistent 
     with the objective of reducing recidivism among criminal 
     offenders.''.

     SEC. 112. PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON 
                   PROGRAMS.

       (a) Authorization.--Title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 
     amended by inserting after part BB the following:

  ``PART CC--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAM

     ``SEC. 2901. GRANT AUTHORITY.

       ``(a) In General.--The Attorney General may make grants to 
     State, Tribal, and local prosecutors to develop, implement, 
     or expand qualified drug treatment programs that are 
     alternatives to imprisonment, in accordance with this part.
       ``(b) Qualified Drug Treatment Programs Described.--For 
     purposes of this part, a qualified drug treatment program is 
     a program--
       ``(1) that is administered by a State, Tribal, or local 
     prosecutor;
       ``(2) that requires an eligible offender who is sentenced 
     to participate in the program (instead of incarceration) to 
     participate in a comprehensive substance abuse treatment 
     program that is approved by the State or Indian Tribe and 
     licensed, if necessary, to provide medical and other health 
     services;
       ``(3) that requires an eligible offender to receive the 
     consent of the State, Tribal, or local prosecutor involved to 
     participate in such program;
       ``(4) that, in the case of an eligible offender who is 
     sentenced to participate in the program, requires the 
     offender to serve a sentence of imprisonment with respect to 
     the crime involved if the prosecutor, in conjunction with the 
     treatment provider, determines that the offender has not 
     successfully completed the relevant substance abuse treatment 
     program described in paragraph (2);
       ``(5) that provides for the dismissal of the criminal 
     charges involved in an eligible offender's participation in 
     the program if the offender is determined to have 
     successfully completed the program;
       ``(6) that requires each substance abuse provider treating 
     an eligible offender under the program to--
       ``(A) make periodic reports of the progress of the 
     treatment of that offender to the State, Tribal, or local 
     prosecutor involved and to the appropriate court in which the 
     eligible offender was convicted; and
       ``(B) notify such prosecutor and such court if the eligible 
     offender absconds from the facility of the treatment provider 
     or otherwise violates the terms and conditions of the 
     program, consistent with Federal and State confidentiality 
     requirements; and
       ``(7) that has an enforcement unit comprised of law 
     enforcement officers under the supervision of the State, 
     Tribal, or local prosecutor involved, the duties of which 
     shall include verifying an eligible offender's addresses and 
     other contacts, and, if necessary, locating, apprehending, 
     and arresting an eligible offender who has absconded from the 
     facility of a substance abuse treatment provider or otherwise 
     violated the terms and conditions of the program, consistent 
     with Federal and State confidentiality requirements, and 
     returning such eligible offender to court for sentencing for 
     the crime involved.

     ``SEC. 2902. USE OF GRANT FUNDS.

       ``(a) In General.--A State, Tribal, or local prosecutor 
     that receives a grant under this part shall use such grant 
     for expenses of a qualified drug treatment program, including 
     for the following expenses:
       ``(1) Salaries, personnel costs, equipment costs, and other 
     costs directly related to the operation of the program, 
     including the enforcement unit.
       ``(2) Payments for substance abuse treatment providers that 
     are approved by the State or Indian Tribe and licensed, if 
     necessary, to provide alcohol and drug addiction treatment to 
     eligible offenders participating in the program, including 
     aftercare supervision, vocational training, education, and 
     job placement.
       ``(3) Payments to public and nonprofit private entities 
     that are approved by the State or Indian Tribe and licensed, 
     if necessary, to provide alcohol and drug addiction treatment 
     to offenders participating in the program.
       ``(b) Supplement and Not Supplant.--Grants made under this 
     part shall be used to supplement, and not supplant, non-
     Federal funds that would otherwise be available for programs 
     described in this part.

     ``SEC. 2903. APPLICATIONS.

       ``To request a grant under this part, a State, Tribal, or 
     local prosecutor shall submit an application to the Attorney 
     General in such form and containing such information as the 
     Attorney General may reasonably require. Each such 
     application shall contain the certification by the State, 
     Tribal, or local prosecutor that the program for which the 
     grant is requested is a qualified drug treatment program, in 
     accordance with this part.

     ``SEC. 2904. FEDERAL SHARE.

       ``The Federal share of a grant made under this part shall 
     not exceed 75 percent of the total costs of the qualified 
     drug treatment program funded by such grant for the fiscal 
     year for which the program receives assistance under this 
     part.

     ``SEC. 2905. GEOGRAPHIC DISTRIBUTION.

       ``The Attorney General shall ensure that, to the extent 
     practicable, the distribution of grants under this part is 
     equitable and includes State, Tribal, or local prosecutors--
       ``(1) in each State; and
       ``(2) in rural, suburban, Tribal, and urban jurisdictions.

     ``SEC. 2906. REPORTS AND EVALUATIONS.

       ``For each fiscal year, each recipient of a grant under 
     this part during that fiscal year shall submit to the 
     Attorney General a report with respect to the effectiveness 
     of activities carried out using that grant. Each report shall 
     include an evaluation in such form and containing such 
     information as the Attorney General may reasonably require. 
     The Attorney General shall specify the dates on which such 
     reports shall be submitted.

     ``SEC. 2907. DEFINITIONS.

       ``In this part:
       ``(1) State or local prosecutor.--The term `State, Tribal, 
     or local prosecutor' means any district attorney, State 
     attorney general, county attorney, tribal attorney, or 
     corporation counsel who has authority to prosecute criminal 
     offenses under State, Tribal, or local law.
       ``(2) Eligible offender.--The term `eligible offender' 
     means an individual who--
       ``(A) has been convicted, pled guilty, or admitted guilt 
     with respect to a crime for which a sentence of imprisonment 
     is required and has not completed such sentence;
       ``(B) has never been charged with or convicted of an 
     offense, during the course of which--
       ``(i) the individual carried, possessed, or used a firearm 
     or dangerous weapon; or
       ``(ii) there occurred the use of force against the person 
     of another, without regard to whether any of the behavior 
     described in clause (i) is an element of the offense or for 
     which the person is charged or convicted;
       ``(C) does not have 1 or more prior convictions for a 
     felony crime of violence involving the use or attempted use 
     of force against a person with the intent to cause death or 
     serious bodily harm; and
       ``(D)(i) has received an assessment for alcohol or drug 
     addiction from a substance abuse professional who is approved 
     by the State or Indian Tribe and licensed by the appropriate 
     entity to provide alcohol and drug addiction treatment, as 
     appropriate; and
       ``(ii) has been found to be in need of substance abuse 
     treatment because that individual has a history of substance 
     abuse that is a significant contributing factor to the 
     criminal conduct of that individual.''.
       (b) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793(a)) is amended by adding at the end the 
     following new paragraph:
       ``(26) There are authorized to be appropriated to carry out 
     part CC $10,000,000 for each of fiscal years 2009 and 
     2010.''.

     SEC. 113. GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting 
     after part CC, as added by this Act, the following:

[[Page H13570]]

      ``PART DD--GRANTS FOR FAMILY-BASED SUBSTANCE ABUSE TREATMENT

     ``SEC. 2921. GRANTS AUTHORIZED.

       ``The Attorney General may make grants to States, units of 
     local government, territories, and Indian Tribes to--
       ``(1) develop, implement, and expand comprehensive and 
     clinically-appropriate family-based substance abuse treatment 
     programs as alternatives to incarceration for nonviolent 
     parent drug offenders; and
       ``(2) to provide prison-based family treatment programs for 
     incarcerated parents of minor children.

     ``SEC. 2922. USE OF GRANT FUNDS.

       ``Grants made to an entity under section 2921 for a program 
     described in such section may be used for--
       ``(1) the development, implementation, and expansion of 
     prison-based family treatment programs in correctional 
     facilities for incarcerated parents with minor children 
     (except for any such parent who there is reasonable evidence 
     to believe engaged in domestic violence or child abuse);
       ``(2) the development, implementation, and expansion of 
     residential substance abuse treatment;
       ``(3) coordination between appropriate correctional 
     facility representatives and the appropriate governmental 
     agencies;
       ``(4) payments to public and nonprofit private entities to 
     provide substance abuse treatment to nonviolent parent drug 
     offenders participating in that program; and
       ``(5) salaries, personnel costs, facility costs, and other 
     costs directly related to the operation of that program.

     ``SEC. 2923. PROGRAM REQUIREMENTS.

       ``(a) In General.--A program for which a grant is made 
     under section 2921(1) shall comply with the following 
     requirements:
       ``(1) The program shall ensure that all providers of 
     substance abuse treatment are approved by the State or Indian 
     Tribe and are licensed, if necessary, to provide medical and 
     other health services.
       ``(2) The program shall ensure appropriate coordination and 
     consultation with the Single State Authority for Substance 
     Abuse of the State (as that term is defined in section 201(e) 
     of the Second Chance Act of 2007).
       ``(3) The program shall consist of clinically-appropriate, 
     comprehensive, and long-term family treatment, including the 
     treatment of the nonviolent parent drug offender, the child 
     of such offender, and any other appropriate member of the 
     family of the offender.
       ``(4) The program shall be provided in a residential 
     setting that is not a hospital setting or an intensive 
     outpatient setting.
       ``(5) The program shall provide that if a nonviolent parent 
     drug offender who participates in that program does not 
     successfully complete the program the offender shall serve an 
     appropriate sentence of imprisonment with respect to the 
     underlying crime involved.
       ``(6) The program shall ensure that a determination is made 
     as to whether a nonviolent drug offender has completed the 
     substance abuse treatment program.
       ``(7) The program shall include the implementation of a 
     system of graduated sanctions (including incentives) that are 
     applied based on the accountability of the nonviolent parent 
     drug offender involved throughout the course of that program 
     to encourage compliance with that program.
       ``(8) The program shall develop and implement a reentry 
     plan for each participant.
       ``(b) Prison-Based Programs.--A program for which a grant 
     is made under section 2921(2) shall comply with the following 
     requirements:
       ``(1) The program shall integrate techniques to assess the 
     strengths and needs of immediate and extended family of the 
     incarcerated parent to support a treatment plan of the 
     incarcerated parent.
       ``(2) The program shall ensure that each participant in 
     that program has access to consistent and uninterrupted care 
     if transferred to a different correctional facility within 
     the State or other relevant entity.
       ``(3) The program shall be located in an area separate from 
     the general population of the prison.

     ``SEC. 2924. APPLICATIONS.

       ``(a) In General.--An entity described in section 2921 
     desiring a grant under this part shall submit to the Attorney 
     General an application in such form and manner and at such 
     time as the Attorney General requires.
       ``(b) Contents.--An application under subsection (a) shall 
     include a description of the methods and measurements the 
     applicant will use for purposes of evaluating the program 
     involved.

     ``SEC. 2925. REPORTS.

       ``An entity that receives a grant under this part during a 
     fiscal year shall submit to the Attorney General, not later 
     than a date specified by the Attorney General, a report that 
     describes and evaluates the effectiveness of that program 
     during such fiscal year that--
       ``(1) is based on evidence-based data; and
       ``(2) uses the methods and measurements described in the 
     application of that entity for purposes of evaluating that 
     program.

     ``SEC. 2926. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part $10,000,000 for each of fiscal years 
     2009 and 2010.
       ``(b) Use of Amounts.--Of the amount made available to 
     carry out this part in any fiscal year, not less than 5 
     percent shall be used for grants to Indian Tribes.

     ``SEC. 2927. DEFINITIONS.

       ``In this part:
       ``(1) Nonviolent parent drug offender.--The term 
     `nonviolent parent drug offender' means an offender who is--
       ``(A) a parent of an individual under 18 years of age; and
       ``(B) convicted of a drug (or drug-related) felony that is 
     a nonviolent offense.
       ``(2) Nonviolent offense.--The term `nonviolent offense' 
     has the meaning given that term in section 2991(a).
       ``(3) Prison-based family treatment program.--The term 
     `prison-based family treatment program' means a program for 
     incarcerated parents in a correctional facility that provides 
     a comprehensive response to offender needs, including 
     substance abuse treatment, child early intervention services, 
     family counseling, legal services, medical care, mental 
     health services, nursery and preschool, parenting skills 
     training, pediatric care, physical therapy, prenatal care, 
     sexual abuse therapy, relapse prevention, transportation, and 
     vocational or GED training.''.

     SEC. 114. GRANT TO EVALUATE AND IMPROVE EDUCATION AT PRISONS, 
                   JAILS, AND JUVENILE FACILITIES.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3711 et seq.), is further amended--
       (1) by redesignating part X as part KK; and
       (2) by inserting after part II the following:

``PART JJ--GRANT PROGRAM TO EVALUATE AND IMPROVE EDUCATIONAL METHODS AT 
                PRISONS, JAILS, AND JUVENILE FACILITIES

     ``SEC. 3001. GRANT PROGRAM TO EVALUATE AND IMPROVE 
                   EDUCATIONAL METHODS AT PRISONS, JAILS, AND 
                   JUVENILE FACILITIES.

       ``(a) Grant Program Authorized.--The Attorney General may 
     carry out a grant program under which the Attorney General 
     may make grants to States, units of local government, 
     territories, Indian Tribes, and other public and private 
     entities to--
       ``(1) evaluate methods to improve academic and vocational 
     education for offenders in prisons, jails, and juvenile 
     facilities;
       ``(2) identify, and make recommendations to the Attorney 
     General regarding, best practices relating to academic and 
     vocational education for offenders in prisons, jails, and 
     juvenile facilities, based on the evaluation under paragraph 
     (1); and
       ``(3) improve the academic and vocational education 
     programs (including technology career training) available to 
     offenders in prisons, jails, and juvenile facilities.
       ``(b) Application.--To be eligible for a grant under this 
     part, a State or other entity described in subsection (a) 
     shall submit to the Attorney General an application in such 
     form and manner, at such time, and accompanied by such 
     information as the Attorney General specifies.
       ``(c) Report.--Not later than 90 days after the last day of 
     the final fiscal year of a grant under this part, each entity 
     described in subsection (a) receiving such a grant shall 
     submit to the Attorney General a detailed report of the 
     progress made by the entity using such grant, to permit the 
     Attorney General to evaluate and improve academic and 
     vocational education methods carried out with grants under 
     this part.

     ``SEC. 3002. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $5,000,000 to 
     carry out this part for each of fiscal years 2009 and 
     2010.''.

     SEC. 115. TECHNOLOGY CAREERS TRAINING DEMONSTRATION GRANTS.

       (a) Authority to Make Grants.--From amounts made available 
     to carry out this section, the Attorney General shall make 
     grants to States, units of local government, territories, and 
     Indian Tribes to provide technology career training to 
     prisoners.
       (b) Use of Funds.--Grants awarded under subsection (a) may 
     be used for establishing a technology careers training 
     program to train prisoners for technology-based jobs and 
     careers during the 3-year period before release from prison, 
     jail, or a juvenile facility.
       (c) Control of Internet Access.--An entity that receives a 
     grant under subsection (a) shall restrict access to the 
     Internet by prisoners, as appropriate, to ensure public 
     safety.
       (d) Reports.--Not later than the last day of each fiscal 
     year, an entity that receives a grant under subsection (a) 
     during the preceding fiscal year shall submit to the Attorney 
     General a report that describes and assesses the uses of such 
     grant during the preceding fiscal year.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2009 and 2010.

     TITLE II--ENHANCED DRUG TREATMENT AND MENTORING GRANT PROGRAMS

                       Subtitle A--Drug Treatment

     SEC. 201. OFFENDER REENTRY SUBSTANCE ABUSE AND CRIMINAL 
                   JUSTICE COLLABORATION PROGRAM.

       (a) Grant Program Authorized.--The Attorney General may 
     make competitive grants to States, units of local government, 
     territories, and Indian Tribes, in accordance with this 
     section, for the purposes of--
       (1) improving the provision of drug treatment to offenders 
     in prisons, jails, and juvenile facilities; and
       (2) reducing the use of alcohol and other drugs by long-
     term substance abusers during the period in which each such 
     long-term substance abuser is in prison, jail, or a juvenile

[[Page H13571]]

     facility, and through the completion of parole or court 
     supervision of such long-term substance abuser.
       (b) Use of Grant Funds.--A grant made under subsection (a) 
     may be used--
       (1) for continuing and improving drug treatment programs 
     provided at a prison, jail, or juvenile facility;
       (2) to develop and implement programs for supervised long-
     term substance abusers that include alcohol and drug abuse 
     assessments, coordinated and continuous delivery of drug 
     treatment, and case management services;
       (3) to strengthen rehabilitation efforts for offenders by 
     providing addiction recovery support services; and
       (4) to establish pharmacological drug treatment services as 
     part of any drug treatment program offered by a grantee to 
     offenders who are in a prison or jail.
       (c) Application.--
       (1) In general.--An entity described in subsection (a) 
     desiring a grant under that subsection shall submit to the 
     Attorney General an application in such form and manner and 
     at such time as the Attorney General requires.
       (2) Contents.--An application for a grant under subsection 
     (a) shall--
       (A) identify any agency, organization, or researcher that 
     will be involved in administering a drug treatment program 
     carried out with a grant under subsection (a);
       (B) certify that such drug treatment program has been 
     developed in consultation with the Single State Authority for 
     Substance Abuse;
       (C) certify that such drug treatment program shall--
       (i) be clinically-appropriate; and
       (ii) provide comprehensive treatment;
       (D) describe how evidence-based strategies have been 
     incorporated into such drug treatment program; and
       (E) describe how data will be collected and analyzed to 
     determine the effectiveness of such drug treatment program 
     and describe how randomized trials will be used where 
     practicable.
       (d) Reports to Congress.--
       (1) Interim report.--Not later than September 30, 2009, the 
     Attorney General shall submit to Congress a report that 
     identifies the best practices relating to--
       (A) substance abuse treatment in prisons, jails, and 
     juvenile facilities; and
       (B) the comprehensive and coordinated treatment of long-
     term substance abusers, including the best practices 
     identified through the activities funded under subsection 
     (b)(3).
       (2) Final report.--Not later than September 30, 2010, the 
     Attorney General shall submit to Congress a report on the 
     drug treatment programs funded under this section, including 
     on the matters specified in paragraph (1).
       (e) Definition of Single State Authority for Substance 
     Abuse.--The term ``Single State Authority for Substance 
     Abuse'' means an entity designated by the Governor or chief 
     executive officer of a State as the single State 
     administrative authority responsible for the planning, 
     development, implementation, monitoring, regulation, and 
     evaluation of substance abuse services.
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section $15,000,000 for each of fiscal years 
     2009 and 2010.
       (2) Equitable distribution of grant amounts.--Of the amount 
     made available to carry out this section in any fiscal year, 
     the Attorney General shall ensure that grants awarded under 
     this section are equitably distributed among geographical 
     regions and between urban and rural populations, including 
     Indian Tribes, consistent with the objective of reducing 
     recidivism among criminal offenders.

                         Subtitle B--Mentoring

     SEC. 211. MENTORING GRANTS TO NONPROFIT ORGANIZATIONS.

       (a) Authority to Make Grants.--From amounts made available 
     to carry out this section, the Attorney General shall make 
     grants to nonprofit organizations and Indian Tribes for the 
     purpose of providing mentoring and other transitional 
     services essential to reintegrating offenders into the 
     community.
       (b) Use of Funds.--A grant awarded under subsection (a) may 
     be used for--
       (1) mentoring adult and juvenile offenders during 
     incarceration, through transition back to the community, and 
     post-release;
       (2) transitional services to assist in the reintegration of 
     offenders into the community; and
       (3) training regarding offender and victims issues.
       (c) Application; Priority Consideration.--
       (1) In general.--To be eligible to receive a grant under 
     this section, a nonprofit organization or Indian Tribe shall 
     submit an application to the Attorney General at such time, 
     in such manner, and accompanied by such information as the 
     Attorney General may require.
       (2) Priority consideration.--Priority consideration shall 
     be given to any application under this section that--
       (A) includes a plan to implement activities that have been 
     demonstrated effective in facilitating the successful reentry 
     of offenders; and
       (B) provides for an independent evaluation that includes, 
     to the maximum extent feasible, random assignment of 
     offenders to program delivery and control groups.
       (d) Strategic Performance Outcomes.--The Attorney General 
     shall require each applicant under this section to identify 
     specific performance outcomes related to the long-term goal 
     of stabilizing communities by reducing recidivism (using a 
     measure that is consistent with the research undertaken by 
     the Bureau of Justice Statistics under section 241(b)(6)), 
     and reintegrating offenders into the community.
       (e) Reports.--An entity that receives a grant under 
     subsection (a) during a fiscal year shall, not later than the 
     last day of the following fiscal year, submit to the Attorney 
     General a report that describes and assesses the uses of that 
     grant during that fiscal year and that identifies the 
     progress of the grantee toward achieving its strategic 
     performance outcomes.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General to carry out this 
     section $15,000,000 for each of fiscal years 2009 and 2010.

     SEC. 212. RESPONSIBLE REINTEGRATION OF OFFENDERS.

       (a) Eligible Offenders.--
       (1) In general.--In this section, the term ``eligible 
     offender'' means an individual who--
       (A) is 18 years of age or older;
       (B) has been convicted as an adult and imprisoned under 
     Federal or State law;
       (C) has never been convicted of a violent or sex-related 
     offense; and
       (D) except as provided in paragraph (2), has been released 
     from a prison or jail for not more than 180 days before the 
     date on which the individual begins participating in a grant 
     program carried out under this section.
       (2) Exception.--Each grantee under this section may permit 
     not more than 10 percent of the individuals served with a 
     grant under this section to be individuals who--
       (A) meet the conditions of subparagraphs (A) through (C) of 
     paragraph (1); and
       (B) have been released from a prison or jail for more than 
     180 days before the date on which the individuals begin 
     participating in the grant program carried out under this 
     section.
       (3) Priority of service.--Grantees shall provide a priority 
     of service in projects funded under this section to 
     individuals meeting the requirements of paragraph (1) who 
     have been released from State correctional facilities.
       (b) Authority to Make Grants.--The Secretary of Labor may 
     make grants to nonprofit organizations for the purpose of 
     providing mentoring, job training and job placement services, 
     and other comprehensive transitional services to assist 
     eligible offenders in obtaining and retaining employment.
       (c) Use of Funds.--
       (1) In general.--A grant awarded under this section may be 
     used for--
       (A) mentoring eligible offenders, including the provision 
     of support, guidance, and assistance in the community and the 
     workplace to address the challenges faced by such offenders;
       (B) providing job training and job placement services to 
     eligible offenders, including work readiness activities, job 
     referrals, basic skills remediation, educational services, 
     occupational skills training, on-the-job training, work 
     experience, and post-placement support, in coordination with 
     the one-stop partners and one-stop operators (as such terms 
     are defined in section 101 of the Workforce Investment Act of 
     1998 (29 U.S.C. 2801)) that provide services at any center 
     operated under a one-stop delivery system established under 
     section 134(c) of the Workforce Investment Act of 1998 (29 
     U.S.C. 2864(c)), businesses, and educational institutions; 
     and
       (C) providing outreach, orientation, intake, assessments, 
     counseling, case management, and other transitional services 
     to eligible offenders, including prerelease outreach and 
     orientation.
       (2) Limitations.--
       (A) Certain services excluded.--A grant under this section 
     may not be used to provide substance abuse treatment 
     services, mental health treatment services, or housing 
     services, except that such a grant may be used to coordinate 
     with other programs and entities to arrange for such programs 
     and entities to provide substance abuse treatment services, 
     mental health treatment services, or housing services to 
     eligible offenders.--
       (B) Administrative cost limit.--Not more than 15 percent of 
     the amounts awarded to a grantee under this section may be 
     used for the costs of administration, as determined by the 
     Secretary of Labor.
       (d) Application.--
       (1) In general.--
       (A) Application required.--A nonprofit organization 
     desiring a grant under this section shall submit an 
     application to the Secretary of Labor at such time, in such 
     manner, and accompanied by such information as the Secretary 
     of Labor may require.
       (B) Contents.--At a minimum, an application for a grant 
     under this section shall include--
       (i) the identification of the eligible area that is to be 
     served and a description of the need for support in such 
     area;
       (ii) a description of the mentoring, job training and job 
     placement, and other services to be provided;
       (iii) a description of partnerships that have been 
     established with the criminal justice system (including 
     coordination with demonstration projects carried out under 
     section 2976 of the Omnibus Crime Control and Safe Streets 
     Act of 1968, as amended by this Act,

[[Page H13572]]

     where applicable), the local workforce investment boards 
     established under section 117 of the Workforce Investment Act 
     of 1998 (29 U.S.C. 2832)), and housing authorities that will 
     be used to assist in carrying out grant activities under this 
     section; and
       (iv) a description of how other Federal, State, local, or 
     private funding will be leveraged to provide support services 
     that are not directly funded under this section, such as 
     mental health and substance abuse treatment and housing.
       (2) Eligible area.--In this subsection, the term ``eligible 
     area'' means an area that--
       (A) is located within an urbanized area or urban cluster, 
     as determined by the Bureau of the Census in the most 
     recently available census;
       (B) has a large number of prisoners returning to the area 
     each year; and
       (C) has a high rate of recidivism among prisoners returning 
     to the area.
       (e) Performance Outcomes.--
       (1) Core indicators.--Each nonprofit organization receiving 
     a grant under this section shall report to the Secretary of 
     Labor on the results of services provided to eligible 
     offenders with that grant with respect to the following 
     indicators of performance:
       (A) Rates of recidivism.
       (B) Entry into employment.
       (C) Retention in employment.
       (D) Average earnings.
       (2) Additional indicators.--In addition to the indicators 
     described in paragraph (1), the Secretary of Labor may 
     require a nonprofit organization receiving a grant under this 
     section to report on additional indicators of performance.
       (f) Reports.--Each nonprofit organization receiving a grant 
     under this section shall maintain such records and submit 
     such reports, in such form and containing such information, 
     as the Secretary of Labor may require regarding the 
     activities carried out under this section.
       (g) Technical Assistance.--The Secretary of Labor may 
     reserve not more than 4 percent of the amounts appropriated 
     to carry out this section to provide technical assistance and 
     for management information systems to assist grantees under 
     this section.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Labor to carry out 
     this section $20,000,000 for each of fiscal years 2009 and 
     2010.

     SEC. 213. BUREAU OF PRISONS POLICY ON MENTORING CONTACTS.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Bureau of Prisons 
     shall, in order to promote stability and continued assistance 
     to offenders after release from prison, adopt and implement a 
     policy to ensure that any person who provides mentoring 
     services to an incarcerated offender is permitted to continue 
     such services after that offender is released from prison. 
     That policy shall permit the continuation of mentoring 
     services unless the Director demonstrates that such services 
     would be a significant security risk to the released 
     offender, incarcerated offenders, persons who provide such 
     services, or any other person.
       (b) Report.--Not later than September 30, 2009, the 
     Director of the Bureau of Prisons shall submit to Congress a 
     report on the extent to which the policy described in 
     subsection (a) has been implemented and followed.

     SEC. 214. BUREAU OF PRISONS POLICY ON CHAPEL LIBRARY 
                   MATERIALS.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Director of the Bureau of Prisons 
     shall discontinue the Standardized Chapel Library project, or 
     any other project by whatever designation that seeks to 
     compile, list, or otherwise restrict prisoners' access to 
     reading materials, audiotapes, videotapes, or any other 
     materials made available in a chapel library, except that the 
     Bureau of Prisons may restrict access to--
       (1) any materials in a chapel library that seek to incite, 
     promote, or otherwise suggest the commission of violence or 
     criminal activity; and
       (2) any other materials prohibited by any other law or 
     regulation.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to impact policies of the Bureau of Prisons related 
     to access by specific prisoners to materials for security, 
     safety, sanitation, or disciplinary reasons.

             Subtitle C--Administration of Justice Reforms

             CHAPTER 1--IMPROVING FEDERAL OFFENDER REENTRY

     SEC. 231. FEDERAL PRISONER REENTRY INITIATIVE.

       (a) In General.--The Attorney General, in coordination with 
     the Director of the Bureau of Prisons, shall, subject to the 
     availability of appropriations, conduct the following 
     activities to establish a Federal prisoner reentry 
     initiative:
       (1) The establishment of a Federal prisoner reentry 
     strategy to help prepare prisoners for release and successful 
     reintegration into the community, including, at a minimum, 
     that the Bureau of Prisons:
       (A) assess each prisoner's skill level (including academic, 
     vocational, health, cognitive, interpersonal, daily living, 
     and related reentry skills) at the beginning of the term of 
     imprisonment of that prisoner to identify any areas in need 
     of improvement prior to reentry;
       (B) generate a skills development plan for each prisoner to 
     monitor skills enhancement and reentry readiness throughout 
     incarceration;
       (C) determine program assignments for prisoners based on 
     the areas of need identified through the assessment described 
     in subparagraph (A);
       (D) ensure that priority is given to the reentry needs of 
     high-risk populations, such as sex offenders, career 
     criminals, and prisoners with mental health problems;
       (E) coordinate and collaborate with other Federal agencies 
     and with State, Tribal, and local criminal justice agencies, 
     community-based organizations, and faith-based organizations 
     to help effectuate a seamless reintegration of prisoners into 
     communities;
       (F) collect information about a prisoner's family 
     relationships, parental responsibilities, and contacts with 
     children to help prisoners maintain important familial 
     relationships and support systems during incarceration and 
     after release from custody; and
       (G) provide incentives for prisoner participation in skills 
     development programs.
       (2) Incentives for a prisoner who participates in reentry 
     and skills development programs which may, at the discretion 
     of the Director, include--
       (A) the maximum allowable period in a community confinement 
     facility; and
       (B) such other incentives as the Director considers 
     appropriate (not including a reduction of the term of 
     imprisonment).
       (b) Identification and Release Assistance for Federal 
     Prisoners.--
       (1) Obtaining identification.--The Director shall assist 
     prisoners in obtaining identification (including a social 
     security card, driver's license or other official photo 
     identification, or birth certificate) prior to release.
       (2) Assistance developing release plan.--At the request of 
     a direct-release prisoner, a representative of the United 
     States Probation System shall, prior to the release of that 
     prisoner, help that prisoner develop a release plan.
       (3) Direct-release prisoner defined.--In this section, the 
     term ``direct-release prisoner'' means a prisoner who is 
     scheduled for release and will not be placed in prerelease 
     custody.
       (c) Improved Reentry Procedures for Federal Prisoners.--The 
     Attorney General shall take such steps as are necessary to 
     modify the procedures and policies of the Department of 
     Justice with respect to the transition of offenders from the 
     custody of the Bureau of Prisons to the community--
       (1) to enhance case planning and implementation of reentry 
     programs, policies, and guidelines;
       (2) to improve such transition to the community, including 
     placement of such individuals in community corrections 
     facilities; and
       (3) to foster the development of collaborative partnerships 
     with stakeholders at the national, State, and local levels to 
     facilitate the exchange of information and the development of 
     resources to enhance opportunities for successful offender 
     reentry.
       (d) Duties of the Bureau of Prisons.--
       (1) Duties of the bureau of prisons expanded.--Section 
     4042(a) of title 18, United States Code, is amended--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period and inserting 
     a semicolon; and
       (C) by adding at the end the following:
       ``(D) establish prerelease planning procedures that help 
     prisoners--
       ``(i) apply for Federal and State benefits upon release 
     (including Social Security Cards, Social Security benefits, 
     and veterans' benefits); and
       ``(ii) secure such identification and benefits prior to 
     release, subject to any limitations in law; and
       ``(E) establish reentry planning procedures that include 
     providing Federal prisoners with information in the following 
     areas:
       ``(i) Health and nutrition.
       ``(ii) Employment.
       ``(iii) Literacy and education.
       ``(iv) Personal finance and consumer skills.
       ``(v) Community resources.
       ``(vi) Personal growth and development.
       ``(vii) Release requirements and procedures.''.
       (2) Measuring the removal of obstacles to reentry.--
       (A) Coding required.--The Director shall ensure that each 
     institution within the Bureau of Prisons codes the reentry 
     needs and deficits of prisoners, as identified by an 
     assessment tool that is used to produce an individualized 
     skills development plan for each inmate.
       (B) Tracking.--In carrying out this paragraph, the Director 
     shall quantitatively track the progress in responding to the 
     reentry needs and deficits of individual inmates.
       (C) Annual report.--On an annual basis, the Director shall 
     prepare and submit to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives a report that documents the progress of the 
     Bureau of Prisons in responding to the reentry needs and 
     deficits of inmates.
       (D) Evaluation.--The Director shall ensure that--
       (i) the performance of each institution within the Bureau 
     of Prisons in enhancing skills and resources to assist in 
     reentry is measured and evaluated using recognized 
     measurements; and
       (ii) plans for corrective action are developed and 
     implemented as necessary.

[[Page H13573]]

       (3) Measuring and improving recidivism outcomes.--
       (A) Annual report required.--
       (i) In general.--At the end of each fiscal year, the 
     Director shall submit to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives a report containing statistics demonstrating 
     the relative reduction in recidivism for inmates released by 
     the Bureau of Prisons within that fiscal year and the 2 prior 
     fiscal years, comparing inmates who participated in major 
     inmate programs (including residential drug treatment, 
     vocational training, and prison industries) with inmates who 
     did not participate in such programs. Such statistics shall 
     be compiled separately for each such fiscal year.
       (ii) Scope.--A report under this paragraph is not required 
     to include statistics for a fiscal year that begins before 
     the date of the enactment of this Act.
       (B) Measure used.--In preparing the reports required by 
     subparagraph (A), the Director shall, in consultation with 
     the Director of the Bureau of Justice Statistics, select a 
     measure for recidivism (such as rearrest, reincarceration, or 
     any other valid, evidence-based measure) that the Director 
     considers appropriate and that is consistent with the 
     research undertaken by the Bureau of Justice Statistics under 
     section 241(b)(6).
       (C) Goals.--
       (i) In general.--After the Director submits the first 
     report required by subparagraph (A), the Director shall 
     establish goals for reductions in recidivism rates and shall 
     work to attain those goals.
       (ii) Contents.--The goals established under clause (i) 
     shall use the relative reductions in recidivism measured for 
     the fiscal year covered by the first report required by 
     subparagraph (A) as a baseline rate, and shall include--

       (I) a 5-year goal to increase, at a minimum, the baseline 
     relative reduction rate of recidivism by 2 percent; and
       (II) a 10-year goal to increase, at a minimum, the baseline 
     relative reduction rate of recidivism by 5 percent within 10 
     fiscal years.

       (4) Format.--Any written information that the Bureau of 
     Prisons provides to inmates for reentry planning purposes 
     shall use common terminology and language.
       (5) Medical care.--The Bureau of Prisons shall provide the 
     United States Probation and Pretrial Services System with 
     relevant information on the medical care needs and the mental 
     health treatment needs of inmates scheduled for release from 
     custody. The United States Probation and Pretrial Services 
     System shall take this information into account when 
     developing supervision plans in an effort to address the 
     medical care and mental health care needs of such 
     individuals. The Bureau of Prisons shall provide inmates with 
     a sufficient amount of all necessary medications (which will 
     normally consist of, at a minimum, a 2-week supply of such 
     medications) upon release from custody.
       (e) Encouragement of Employment of Former Prisoners.--The 
     Attorney General, in consultation with the Secretary of 
     Labor, shall take such steps as are necessary to educate 
     employers and the one-stop partners and one-stop operators 
     (as such terms are defined in section 101 of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2801)) that provide 
     services at any center operated under a one-stop delivery 
     system established under section 134(c) of the Workforce 
     Investment Act of 1998 (29 U.S.C. 2864(c)) regarding 
     incentives (including the Federal bonding program of the 
     Department of Labor and tax credits) for hiring former 
     Federal, State, or local prisoners.
       (f) Medical Care for Prisoners.--Section 3621 of title 18, 
     United States Code, is further amended by adding at the end 
     the following new subsection:
       ``(g) Continued Access to Medical Care.--
       ``(1) In general.--In order to ensure a minimum standard of 
     health and habitability, the Bureau of Prisons should ensure 
     that each prisoner in a community confinement facility has 
     access to necessary medical care, mental health care, and 
     medicine through partnerships with local health service 
     providers and transition planning.
       ``(2) Definition.--In this subsection, the term `community 
     confinement' has the meaning given that term in the 
     application notes under section 5F1.1 of the Federal 
     Sentencing Guidelines Manual, as in effect on the date of the 
     enactment of the Second Chance Act of 2007.''.
       (g) Elderly and Family Reunification for Certain Nonviolent 
     Offenders Pilot Program.--
       (1) Program authorized.--
       (A) In general.--The Attorney General shall conduct a pilot 
     program to determine the effectiveness of removing eligible 
     elderly offenders from a Bureau of Prisons facility and 
     placing such offenders on home detention until the expiration 
     of the prison term to which the offender was sentenced.
       (B) Placement in home detention.--In carrying out a pilot 
     program as described in subparagraph (A), the Attorney 
     General may release some or all eligible elderly offenders 
     from the Bureau of Prisons facility to home detention.
       (2) Violation of terms of home detention.--A violation by 
     an eligible elderly offender of the terms of home detention 
     (including the commission of another Federal, State, or local 
     crime) shall result in the removal of that offender from home 
     detention and the return of that offender to the designated 
     Bureau of Prisons institution in which that offender was 
     imprisoned immediately before placement on home detention 
     under paragraph (1), or to another appropriate Bureau of 
     Prisons institution, as determined by the Bureau of Prisons.
       (3) Scope of pilot program.--A pilot program under 
     paragraph (1) shall be conducted through a Bureau of Prisons 
     facility designated by the Attorney General as appropriate 
     for the pilot program and shall be carried out during fiscal 
     years 2009 and 2010.
       (4) Implementation and evaluation.--The Attorney General 
     shall monitor and evaluate each eligible elderly offender 
     placed on home detention under this section, and shall report 
     to Congress concerning the experience with the program at the 
     end of the period described in paragraph (3). The 
     Administrative Office of the United States Courts and the 
     United States probation offices shall provide such assistance 
     and carry out such functions as the Attorney General may 
     request in monitoring, supervising, providing services to, 
     and evaluating eligible elderly offenders released to home 
     detention under this section.
       (5) Definitions.--In this section:
       (A) Eligible elderly offender.--The term ``eligible elderly 
     offender'' means an offender in the custody of the Bureau of 
     Prisons who--
       (i) is not less than 65 years of age;
       (ii) is serving a term of imprisonment that is not life 
     imprisonment based on conviction for an offense or offenses 
     that do not include any crime of violence (as defined in 
     section 16 of title 18, United States Code), sex offense (as 
     defined in section 111(5) of the Sex Offender Registration 
     and Notification Act), offense described in section 
     2332b(g)(5)(B) of title 18, United States Code, or offense 
     under chapter 37 of title 18, United States Code, and has 
     served the greater of 10 years or 75 percent of the term of 
     imprisonment to which the offender was sentenced;
       (iii) has not been convicted in the past of any Federal or 
     State crime of violence, sex offense, or other offense 
     described in clause (ii);
       (iv) has not been determined by the Bureau of Prisons, on 
     the basis of information the Bureau uses to make custody 
     classifications, and in the sole discretion of the Bureau, to 
     have a history of violence, or of engaging in conduct 
     constituting a sex offense or other offense described in 
     clause (ii);
       (v) has not escaped, or attempted to escape, from a Bureau 
     of Prisons institution;
       (vi) satisfies the requirements for seeking a reduction of 
     the term of imprisonment under section 3582(c)(1)(A)(i) of 
     title 18, United States Code, as set forth in regulations 
     issued by the Attorney General or the Director of the Bureau 
     of Prisons;
       (vii) has been determined by the Bureau of Prisons to be a 
     person whose release to home detention under this section 
     will result in a substantial net reduction of costs to the 
     Federal Government; and
       (viii) has been determined by the Bureau of Prisons to be 
     at no substantial risk of engaging in criminal conduct or of 
     endangering any person or the public if released to home 
     detention.
       (B) Home detention.--The term ``home detention'' has the 
     same meaning given the term in the Federal Sentencing 
     Guidelines as of the date of the enactment of this Act, and 
     includes detention in a nursing home or other residential 
     long-term care facility.
       (C) Term of imprisonment.--The term ``term of 
     imprisonment'' includes multiple terms of imprisonment 
     ordered to run consecutively or concurrently, which shall be 
     treated as a single, aggregate term of imprisonment for 
     purposes of this section.
       (h) Federal Remote Satellite Tracking and Reentry Training 
     Program.--
       (1) Establishment of program.--The Director of the 
     Administrative Office of the United States Courts, in 
     consultation with the Attorney General, may establish the 
     Federal Remote Satellite Tracking and Reentry Training 
     (ReStart) program to promote the effective reentry into the 
     community of high risk individuals.
       (2) High risk individuals.--For purposes of this section, 
     the term ``high risk individual'' means--
       (A) an individual who is under supervised release, with 
     respect to a Federal offense, and who has previously violated 
     the terms of a release granted such individual following a 
     term of imprisonment; or
       (B) an individual convicted of a Federal offense who is at 
     a high risk for recidivism, as determined by the Director of 
     the Bureau of Prisons, and who is eligible for early release 
     pursuant to voluntary participation in a program of 
     residential substance abuse treatment under section 3621(e) 
     of title 18, United States Code, or a program described in 
     section 231.
       (3) Program elements.--The program authorized under 
     paragraph (1) shall include, with respect to high risk 
     individuals participating in such program, the following core 
     elements:
       (A) A system of graduated levels of supervision, that uses, 
     as appropriate and indicated--
       (i) satellite tracking, global positioning, remote 
     satellite, and other tracking or monitoring technologies to 
     monitor and supervise such individuals in the community; and
       (ii) community corrections facilities and home confinement.
       (B) Substance abuse treatment and aftercare related to such 
     treatment, mental and medical health treatment and aftercare 
     related to such treatment, vocational and

[[Page H13574]]

     educational training, life skills instruction, conflict 
     resolution skills training, batterer intervention programs, 
     and other programs to promote effective reentry into the 
     community as appropriate.
       (C) Involvement of the family of such an individual, a 
     victim advocate, and the victim of the offense committed by 
     such an individual, if such involvement is safe for such 
     victim (especially in a domestic violence case).
       (D) A methodology, including outcome measures, to evaluate 
     the program.
       (E) Notification to the victim of the offense committed by 
     such an individuals of the status and nature of such an 
     individual's reentry plan.
       (i) Authorization for Appropriations for Bureau of 
     Prisons.--There are authorized to be appropriated to the 
     Attorney General to carry out this section, $5,000,000 for 
     each of fiscal years 2009 and 2010.

     SEC. 232. BUREAU OF PRISONS POLICY ON RESTRAINING OF FEMALE 
                   PRISONERS.

       Not later than one year after the date of enactment of this 
     Act, the Attorney General shall submit to Congress a report 
     on the practices and policies of agencies within the 
     Department of Justice relating to the use of physical 
     restraints on pregnant female prisoners during pregnancy, 
     labor, delivery of a child, or post-delivery recuperation, 
     including the number of instances occurring after the date of 
     enactment of this Act in which physical restraints are used 
     on such prisoners, the reasons for the use of the physical 
     restraints, the length of time that the physical restraints 
     were used, and the security concerns that justified the use 
     of the physical restraints.

                      CHAPTER 2--REENTRY RESEARCH

     SEC. 241. OFFENDER REENTRY RESEARCH.

       (a) National Institute of Justice.--The National Institute 
     of Justice may conduct research on juvenile and adult 
     offender reentry, including--
       (1) a study identifying the number and characteristics of 
     minor children who have had a parent incarcerated, and the 
     likelihood of such minor children becoming adversely involved 
     in the criminal justice system some time in their lifetime;
       (2) a study identifying a mechanism to compare rates of 
     recidivism (including rearrest, violations of parole, 
     probation, post-incarceration supervision, and 
     reincarceration) among States; and
       (3) a study on the population of offenders 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.--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, offenders with limited English 
     proficiency, and the elderly) that present unique reentry 
     challenges;
       (2) studies to determine which offenders are returning to 
     prison, jail, or a juvenile facility and which of those 
     returning offenders represent the greatest risk to victims 
     and community safety;
       (3) annual reports on the demographic characteristics of 
     the population reentering society from prisons, jails, and 
     juvenile facilities;
       (4) a national recidivism study every 3 years;
       (5) a study of parole, probation, or post-incarceration 
     supervision violations and revocations; and
       (6) a study concerning the most appropriate measure to be 
     used when reporting recidivism rates (whether rearrest, 
     reincarceration, or any other valid, evidence-based measure).

     SEC. 242. 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 make 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 victims and 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 with 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) Analysis.--Any statistical analysis of population data 
     under this section shall be conducted in accordance with the 
     Federal Register Notice dated October 30, 1997, relating to 
     classification standards.

     SEC. 243. ADDRESSING THE NEEDS OF CHILDREN OF INCARCERATED 
                   PARENTS.

       (a) Best Practices.--
       (1) In general.--From amounts made available to carry out 
     this section, the Attorney General may collect data and 
     develop best practices of State corrections departments and 
     child protection agencies relating to the communication and 
     coordination between such State departments and agencies to 
     ensure the safety and support of children of incarcerated 
     parents (including those in foster care and kinship care), 
     and the support of parent-child relationships between 
     incarcerated (and formerly incarcerated) parents and their 
     children, as appropriate to the health and well-being of the 
     children.
       (2) Contents.--The best practices developed under paragraph 
     (1) shall include information related to policies, 
     procedures, and programs that may be used by States to 
     address--
       (A) maintenance of the parent-child bond during 
     incarceration;
       (B) parental self-improvement; and
       (C) parental involvement in planning for the future and 
     well-being of their children.
       (b) Dissemination to States.--Not later than 1 year after 
     the development of best practices described in subsection 
     (a), the Attorney General shall disseminate to States and 
     other relevant entities such best practices.
       (c) Sense of Congress.--It is the sense of Congress that 
     States and other relevant entities should use the best 
     practices developed and disseminated in accordance with this 
     section to evaluate and improve the communication and 
     coordination between State corrections departments and child 
     protection agencies to ensure the safety and support of 
     children of incarcerated parents (including those in foster 
     care and kinship care), and the support of parent-child 
     relationships between incarcerated (and formerly 
     incarcerated) parents and their children, as appropriate to 
     the health and well-being of the children.

     SEC. 244. STUDY OF EFFECTIVENESS OF DEPOT NALTREXONE FOR 
                   HEROIN ADDICTION.

       (a) Grant Program Authorized.--From amounts made available 
     to carry out this section, the Attorney General, through the 
     National Institute of Justice, and in consultation with the 
     National Institute on Drug Abuse, may make grants to public 
     and private research entities (including consortia, single 
     private research entities, and individual institutions of 
     higher education) to evaluate the effectiveness of depot 
     naltrexone for the treatment of heroin addiction.
       (b) Evaluation Program.--An entity described in subsection 
     (a) desiring a grant under this section shall submit to the 
     Attorney General an application that--
       (1) contains such information as the Attorney General 
     specifies, including information that demonstrates that--
       (A) the applicant conducts research at a private or public 
     institution of higher education, as that term is defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1101);
       (B) the applicant has a plan to work with parole officers 
     or probation officers for offenders who are under court 
     supervision; and
       (C) the evaluation described in subsection (a) will measure 
     the effectiveness of such treatments using randomized trials; 
     and
       (2) is in such form and manner and at such time as the 
     Attorney General specifies.
       (c) Reports.--An entity that receives a grant under 
     subsection (a) during a fiscal year shall, not later than the 
     last day of the following fiscal year, submit to the Attorney 
     General a report that describes and assesses the uses of that 
     grant.

     SEC. 245. AUTHORIZATION OF APPROPRIATIONS FOR RESEARCH.

       There are authorized to be appropriated to the Attorney 
     General to carry out sections 241, 242, 243, and 244 of this 
     chapter, $10,000,000 for each of the fiscal years 2009 and 
     2010.

            CHAPTER 3--CORRECTIONAL REFORMS TO EXISTING LAW

     SEC. 251. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN 
                   COMMUNITY CORRECTIONS.

       (a) Prerelease Custody.--Section 3624(c) of title 18, 
     United States Code, is amended to read as follows:
       ``(c) Prerelease Custody.--
       ``(1) In general.--The Director of the Bureau of Prisons 
     shall, to the extent practicable, ensure that a prisoner 
     serving a term of imprisonment spends a portion of the final 
     months of that term (not to exceed 12 months), under 
     conditions that will afford that prisoner a reasonable 
     opportunity to adjust to and prepare for the reentry of that 
     prisoner into the community. Such conditions may include a 
     community correctional facility.
       ``(2) Home confinement authority.--The authority under this 
     subsection may be used to place a prisoner in home 
     confinement for the shorter of 10 percent of the term of 
     imprisonment of that prisoner or 6 months.
       ``(3) Assistance.--The United States Probation System 
     shall, to the extent practicable, offer assistance to a 
     prisoner during prerelease custody under this subsection.
       ``(4) No limitations.--Nothing in this subsection shall be 
     construed to limit or restrict the authority of the Director 
     of the Bureau of Prisons under section 3621.
       ``(5) Reporting.--Not later than 1 year after the date of 
     the enactment of the Second Chance Act of 2007 (and every 
     year thereafter), the Director of the Bureau of Prisons shall 
     transmit to the Committee on the Judiciary of the Senate and 
     the Committee on

[[Page H13575]]

     the Judiciary of the House of Representatives a report 
     describing the Bureau's utilization of community corrections 
     facilities. Each report under this paragraph shall set forth 
     the number and percentage of Federal prisoners placed in 
     community corrections facilities during the preceding year, 
     the average length of such placements, trends in such 
     utilization, the reasons some prisoners are not placed in 
     community corrections facilities, and any other information 
     that may be useful to the committees in determining if the 
     Bureau is utilizing community corrections facilities in an 
     effective manner.
       ``(6) Issuance of regulations.--The Director of Bureau of 
     Prisons shall issue regulations pursuant to this subsection 
     not later than 90 days after the date of the enactment of the 
     Second Chance Act of 2007, which shall ensure that placement 
     in a community correctional facility by the Bureau of Prisons 
     is--
       ``(A) conducted in a manner consistent with section 3621(b) 
     of this title;
       ``(B) determined on an individual basis; and
       ``(C) of sufficient duration to provide the greatest 
     likelihood of successful reintegration into the community.''.
       (b) Courts May Not Require a Sentence of Imprisonment to Be 
     Served in a Community Corrections Facility.--Section 3621(b) 
     of title 18, United States Code, is amended by adding at the 
     end the following: ``Any order, recommendation, or request by 
     a sentencing court that a convicted person serve a term of 
     imprisonment in a community corrections facility shall have 
     no binding effect on the authority of the Bureau under this 
     section to determine or change the place of imprisonment of 
     that person.''.

     SEC. 252. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL PRISONS.

       Section 3621(e)(5)(A) of title 18, United States Code, is 
     amended by striking ``means a course of'' and all that 
     follows and inserting the following: ``means a course of 
     individual and group activities and treatment, lasting at 
     least 6 months, in residential treatment facilities set apart 
     from the general prison population (which may include the use 
     of pharmocotherapies, where appropriate, that may extend 
     beyond the 6-month period);''.

     SEC. 253. CONTRACTING FOR SERVICES FOR POST-CONVICTION 
                   SUPERVISION OFFENDERS.

       Section 3672 of title 18, United States Code, is amended by 
     inserting after the third sentence in the seventh 
     undesignated paragraph the following: ``He also shall have 
     the authority to contract with any appropriate public or 
     private agency or person to monitor and provide services to 
     any offender in the community authorized by this Act, 
     including treatment, equipment and emergency housing, 
     corrective and preventative guidance and training, and other 
     rehabilitative services designed to protect the public and 
     promote the successful reentry of the offender into the 
     community.''.

                  CHAPTER 4--MISCELLANUOUS PROVISIONS

     SEC. 261. EXTENSION OF NATIONAL PRISON RAPE ELIMINATION 
                   COMMISSION.

       Section 7(d)(3)(A) of the Prison Rape Elimination Act of 
     2003 (42 U.S.C. 15606(d)(3)(A)) is amended by striking ``3 
     years'' and inserting ``5 years''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Conyers) and the gentleman from Virginia (Mr. Goodlatte) 
each will control 20 minutes.
  Mr. GOHMERT. Mr. Speaker, I ask to manage the time on behalf of the 
opposition since I am opposed to the bill in its current form.
  The SPEAKER pro tempore. Is the gentleman from Virginia (Mr. 
Goodlatte) opposed to the motion?
  Mr. GOODLATTE. Not in its current form.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XV, the 
gentleman from Texas (Mr. Gohmert) will control 20 minutes in 
opposition.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. CONYERS. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration and on H.R. 3461.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Members of the House, as the prison population has grown 
over the past two decades, so has the number of prisoners completing 
their sentencing and returning to the general population. More than 
half a million, some 650,000 men and women, are leaving the Federal and 
State prisons each year. While the vast majority of the prisoners are 
committed to abiding by the law and becoming productive members of 
society, they often encounter the same pressures, the same environment, 
the same temptations that they faced before prison, and with 
insufficient resources to assist them in dealing with those pressures 
and temptations, sometimes, despite their best intentions at the time 
of release, too many of them commit new crimes and end up back in 
prison. More than two-thirds of them are arrested for new crimes within 
3 years of their release. This exacts a terrible cost in financial 
terms as well as in human terms.
  Congress has been very active over the years in strengthening our 
criminal laws and our investigative and prosecutorial tools against 
crime. The bipartisan legislation we are considering today, aptly named 
the Second Chance Act, complements those efforts by helping give ex-
offenders the tools they need to stay out of trouble. It's a very 
commonsense piece of legislation and it recognizes that too many ex-
offenders lack the education, job skills and stable living 
arrangements, the substance abuse treatment and health services that 
they need to successfully reintegrate into our society.
  Many have trouble finding a job and some have trouble holding a job. 
Many move straight from their prison cell to a homeless shelter. Many 
entered prison with alcohol and drug habits, and the pull remains hard 
to resist once they reemerge in our society. Many are physically or 
mentally disabled. Some have chronic disease; others need psychological 
treatment. Many left spouses and young children behind when they 
entered prison. While these family relationships can be of tremendous 
value in helping an ex-
offender build a stable life outside prison, it can be very difficult 
to rekindle these ties after a long and painful absence.
  The Second Chance Act will help provide these men and women with the 
education, training, counseling and other support needed to help them 
obtain and hold steady jobs; to kick their drug and alcohol habits, if 
they have one; address medical and dental needs; rebuild their 
families; and deal with the many other challenges that they face in 
their efforts to successfully rejoin society. These kinds of programs 
have been tested on a smaller scale, to be sure, where they have 
already made a measurable difference in reducing recidivism. The Second 
Chance Act builds on these efforts in a measured but significant way to 
reduce recidivism, increase public safety, and help ex-offenders lead 
productive and law-abiding lives.
  We have the support of current and former chairmen and ranking 
members of the Judiciary Committee and the crime subcommittee, chaired 
by Bobby Scott of Virginia, as well as a wide range of national, State 
and local law enforcement and rehabilitative organizations.
  I submit for the Record a new section-by-section analysis reflecting 
some of the revisions to the bill reported in response to suggestions 
by members of the Committee on the Judiciary. I urge my colleagues to 
give careful consideration in their support of this measure.

 Changes to Second Chance Act of 2007 (Reported Version to Suspension 
                                Version)

       Added Rule of Construction to confirm Act does not create a 
     right or entitlement to assistance or services, and to 
     promote transfer of programs to programs not funded under 
     this Act.
       Reduced number of new Federal programs from 18 to 10 by 
     consolidating or eliminating programs.
       Reduce authorized spending from $427 million to $330 
     million over two fiscal years.
       Reduced permissible uses under reauthorized reentry 
     demonstration programs from 21 to 9.
       Added measurable goals for programs--reducing recidivism 
     rate by 50 percent over 5 years, and 10 percent over 2 years.
       Prohibited Bureau of Prisons from Preventing Access to 
     Chapel Library Materials.

  Mr. Speaker, I reserve the balance of my time.
  Mr. GOHMERT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am sure glad my friend, the chairman of Judiciary, 
sought time for people to revise and extend their remarks, because they 
are going to need it. This thing keeps changing. I mean, I reviewed 
this bill last week. I spent a long time going line by line, only to 
find yesterday there's still a new version, and today I was provided a 
98-page bill. I can't tell you the pages of the issues that I am most 
concerned about because the version keeps changing.

                              {time}  1530

  Now, this bill includes $330 million in authorizations. Normally, 
suspensions

[[Page H13576]]

are noncontroversial, but the fact that this bill keeps changing is 
absolute evidence that this is not noncontroversial. It keeps changing 
because people can't figure out what is the best thing to do.
  I would submit there is a good reason for that. The bill that this 
seeks to renew and programs that are sought to be renewed are ones we 
don't have information on how successful they were, and that was the 
original purpose of this bill. Back when it expired in 2005, we still 
did not have the information on what worked and what didn't.
  I can tell you from my days as a judge, there was some anecdotal 
evidence that it looked like faith-based programs did a better job of 
dramatically reducing recidivism. In one case I was shown results from 
a prison in Texas where it dropped down to about 8 percent from over 80 
percent because of faith-based programs and mentoring.
  This new version, I haven't even been through it. I haven't had time 
to go through it. But the one that I saw and reviewed on Friday, it 
included reentry programs allowing payment for housing and health care. 
I know our military members who are leaving after less than 20 years in 
the service with honorable discharges would love to have that kind of 
help reentering.
  There are some provisions that allow for too much administration, in 
my opinion; 11 percent at one point, 15 percent at another. That is not 
going to help people. That is going to build a bigger bureaucracy.
  Dismissing all charges if someone completes drug rehab under another 
provision I think is outrageous. You are going to remove the hammer 
that would allow you to keep people in line? It is one thing to say we 
are going to remove you and not have you go to prison and instead send 
you to drug rehab, and then if you get through there, before you have a 
chance to go out and do cocaine again, we are going to drop all charges 
so we have no hammer over your head. I don't know if this is in the 
final bill. It was in there last I saw on Friday.
  There is a provision that allows payments through the Department of 
Labor for support. There are military members, and I went to another 
funeral Saturday, a gentleman who was not killed in Iraq, he was killed 
during surgery, but I know his family would love to have the kind of 
support being provided in here for felons.
  We also have a provision in here, we are going to pay people through 
these grants to teach inmates how they can go about getting the most 
welfare before they leave prison and go out on their own. There is also 
a provision that moves inmates to home detention without approval of 
the judge who sentenced the individual.
  In this bill, the elderly, for purposes of moving to home detention, 
is defined as 65. I guess apparently under this bill, without any 
underlying evidence or research to support it, we have arbitrarily 
picked 65 as deciding that is when people are harmless. But I know from 
my own experience around this Chamber, there are people in Congress 
that are 65 or older that are certainly not harmless. In any event, I 
think that is a little bit too young to classify people as harmless.
  There is a provision that assistance will be provided by the United 
States probation system and it ``shall'' be done. I don't know, I can't 
find from the bill what kind of assistance that will be. But I think we 
have all got the same goal. I think one of the worst atrocities in the 
justice system has been our lack of rehabilitating and educating and 
preparing people to go out into the world and become productive 
citizens and finally reach the God-given potential that every one of 
them has. I couldn't agree more with the proposition, and I know that 
is the heart of my colleagues across the aisle. But we don't have the 
information on which programs are successful and which aren't.
  I want to work together on a program. I've kind of been cut out of 
this process. The National Summit on Prisoner Reentry is coming up in 
Los Angeles on November 27 and 28, but we are going to rush this 
through on a suspension bill for $330 million without even having a 
chance to really review the most recent document.
  Mrs. JONES of Ohio. Mr. Speaker, will the gentleman yield?
  Mr. GOHMERT. Yes, I will be glad to yield, and if you can show that 
we have gotten the recent version----
  Mrs. JONES of Ohio. Let me say for the record my name is Stephanie 
Tubbs Jones. I am the Congresswoman from Cleveland, Ohio. I served for 
10 years as a judge in Cuyahoga County, Ohio, 8 years as the elected 
prosecutor in Cuyahoga County. And, Mr. Gohmert, your remarks are just 
outrageous.
  Mr. GOHMERT. Claiming back my time, I am not yielding for you to 
criticize me.
  Mrs. JONES of Ohio. Very well. I will talk to you when I get my own.
  Mr. GOHMERT. I appreciate yielding to the gentlelady to come down and 
call me outrageous. But what is outrageous is this process, this 
process of taking something so important and rushing it in here without 
having the proper input and the proper information. The National 
Institute of Justice has got their biggest study program in its history 
ongoing, and we don't have the results, and yet my colleagues want to 
rush in and throw $330 million at a process that is unproven and 
untried.
  I just don't think that is the way to go. We have got honest people 
involved in the process, but the process itself here has not been 
honest.
  With that, I would reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, here we are the day after Veterans Day. We come back in 
comity and goodwill. We are trying to finish off the last week before 
the Thanksgiving recess. And I want Judge Louie Gohmert, my dear friend 
from Texas, to understand as much as I can explain to him about the 
reservations that he has raised thus far.
  I want him to know this is not a partisan bill at all and that the 
changes that have been made to the bill were made before Friday when 
you examined it. So if you were examining this measure on Friday, that 
is the last, that is all she wrote, because we haven't been in since 
then.
  So, please understand that, first of all, this is a bipartisan bill. 
We had the hearings. We had a markup in which you participated rather 
actively. We had a record vote. We went to the Rules Committee. 
Everything is working I think very smoothly, according to the chairman 
of the Subcommittee on Crime, Bobby Scott, and the author of this bill 
for three Congresses, Congressman Danny Davis of Illinois.
  Please know that we have been working on this bill. You are right, it 
has been through a lot of changes. The changes started before you 
graced us with your presence in the Judiciary Committee as a very 
important member of it. We have been working on this all the time. We 
think it is in an improved state.
  I would just like you to know that we have 212 organizations, and 
because we are on a rather fast schedule here this afternoon, I won't 
bother you with them, but none of them are political. They are all 
community organizations. They are all organizations concerned with the 
reentry of people who have served their time and are now coming out.
  We are trying to deal, Judge Gohmert, with this huge problem of 
people returning from their terms in prison. They come out and 
sometimes in my State, I hate to say this, they don't even have a bus 
ticket or a suit of new clothing to get to where they are supposed to 
be going. Many of them don't know where they are going. It is that 
dislocation that creates the situation of so many of them returning 
back.
  One of the most distressing things I ever heard when I was visiting 
one of these places is that the guard tells the exiting prisoner, 
former prisoner who serves his term, ``I'll see you when you get 
back.'' Nothing tells the story more than I know there is nothing for 
you out in society. You're not trained for anything, you're not fit for 
anything, there are no jobs for you, so you're going to go back into 
your old ways and we're going to get you back in our clutches again. 
What we are trying to do, Judge Gohmert, is to change that. I know in 
your court you have seen your share of this kind of process even in 
Texas.
  So I urge you to join with us in trying to be as constructive as you 
normally are, to help make everybody understand that we are trying to 
make

[[Page H13577]]

rehabilitation mean something besides just the phrase used in the 
criminal justice system.
  Mr. GOHMERT. Mr. Speaker, would the gentleman yield for a question?
  Mr. CONYERS. Of course.
  Mr. GOHMERT. Was there no version of the bill filed today? Was there 
no version of the Second Chance Act filed today?
  Mr. CONYERS. Absolutely, yes, it was.
  Mr. GOHMERT. Thank you.
  Mr. CONYERS. You're welcome.
  I reserve the balance of my time.
  Mr. GOHMERT. May I inquire how much time I've got.
  The SPEAKER pro tempore. The gentleman from Texas has 13 minutes.
  Mr. GOHMERT. Thank you, Mr. Speaker.
  Nothing would please me more than to be involved in the process of 
constructively working on these issues. When I think about the 
gentlelady saying that my comments were outrageous, everything that I 
have said is documented. Everything I have said comes from reading 
through this bill, as well as my own experience from my days of being a 
judge.
  I wholeheartedly agree, we should do a better job of rehabilitating 
and educating. In fact, I just get concerned when we get so anxious to 
try to do something good that we end up throwing money at a problem 
just so we can say we worked on it, something had to be done.
  But it was the National Institute of Justice Award to RTI 
International, a nonprofit research organization, to evaluate the 
programs funded by the Serious and Violent Offender Reentry Initiative. 
This is one of the largest evaluation studies funded by the NIJ, and it 
is doing this research. The Urban Institute, a nonpartisan economic and 
social policy research organization in D.C., is the collaborator on the 
project. I am really looking forward to getting that information. I am 
wondering why we throw more money at a situation before we get the 
information that tells me how and tells us how to be most effective?
  When my good friend the chairman, and I do think the world of him, 
talks about comity and goodwill, that is what I would love to have. But 
when we have such trouble getting copies of the latest versions, and 
then the chairman says, gee, I had the latest version on Friday, I was 
notified by the committee staff that there was a new version as of 
yesterday and then the new version was filed today. So, I didn't have 
everything Friday. That has been one of the problems here. This is too 
important of an issue to just be throwing good money after bad.
  I would also point out that in the interests of comity and goodwill, 
the bills that follow this, H.R. 3845, PROTECT Our Children Act of 
2007, I indicated before that sounded like something I would want to be 
part of and helping with, but we never did get a final version that we 
could say, yes, I want to cosponsor that.
  Keeping the Internet Devoid of Sexual Predators Act of 2007 sounds 
like another good bill, but we haven't seen it. And talking to the 
Judiciary staff, that and the Effective Child Pornography Prosecution 
Act, H.R. 4120, that follows that, we are still trying to get updated 
versions of those things. So that doesn't sound to me like comity and 
goodwill, when we are struggling over here to even get copies.
  We don't know what requests had been granted. There were things 
requested by the Department of Justice, in the interest of justice, 
please get these provisions put in this bill. We don't know what was 
put in and what wasn't. That, to me, does not indicate comity and 
goodwill. It creates all kinds of problems.
  Mr. CONYERS. Mr. Speaker, will the gentleman yield?
  Mr. GOHMERT. I yield to the gentleman from Michigan.
  Mr. CONYERS. I thank the gentleman for yielding.
  I am being told that we have been working with the minority in 
Judiciary on an ongoing basis, and I just wonder if you are aware that 
four of your changes in particular have been accepted and incorporated 
into the measure that is before us now?
  Mr. GOHMERT. I am not sure which four things the chairman is 
referring to.
  Mr. CONYERS. I will bring them out for you and be happy to show them 
to you.
  Mr. GOHMERT. I thank the chairman.
  Reclaiming my time, I have been over here in the 20 minutes or so 
before I came up to speak talking to Judiciary staff who, unless they 
are changing their story now, have not been able to get the latest 
information on this bill. Well, they have got it on this bill. We have 
the final copy. I haven't had a chance to review it since it has been 
filed today. Most of us were out doing what we should have been doing 
yesterday, paying tribute to veterans all over our districts. But these 
subsequent bills, these are still a problem that I have been having 
with the Second Chance Act, getting the latest information on this.

                              {time}  1545

  My dear friend, Mr. Coble, we serve together on the Judiciary, had 
asked for time, and at this time I yield 3 minutes to the gentleman 
from North Carolina.
  Mr. COBLE. I thank the gentleman from Texas for yielding.
  Mr. Speaker, I rise in support of the bill before us. The cost of 
maintaining our Federal, State and local prisons is ballooning out of 
control. We must continue to enforce our criminal laws, but we cannot 
ignore the fact that most of the people who are released from 
incarceration are likely to return. The Second Chance Act will support 
programs that help prisoners reenter society which is essential to 
reducing recidivism.
  We can expect, Mr. Speaker, over half of the adult prisoners who are 
to be released around the country this year will be rearrested again 
and likely will return to prison. This cycle is overwhelming our 
criminal system, it is overwhelming our prisons, and it is costing more 
than $90 billion every year, $50 billion as far as Federal institutions 
are concerned.
  I am in agreement that stiff sentences serve a good purpose. 
Criminals must know if they violate the law, they will be punished. But 
when we seeing growing numbers of ex-offenders returning to our 
prisons, something in the system is not working. Something, Mr. 
Speaker, is flawed.
  The Second Chance Act is endorsed by the Council of State 
Governments, the National Sheriffs Association, the American Bar 
Association, and countless religious organizations from around the 
Nation. For some time many of you have heard me express alarm and 
concern about the dangers of prison overcrowding. It is a ticking bomb 
waiting to explode.
  In my district, in fact, there is a county jail that is bursting at 
the seams. We can begin to defuse this bomb today by passing the Second 
Chance Act and supporting programs that reduce recidivism.
  Now, much has been said about the cost. And I will stipulate, I will 
say to my friend from Texas, it is costly. But if the Second Chance Act 
proves to be effective, I believe it is realistic for us to conclude it 
will result in saving taxpayer money because to house prisoners is a 
costly operation.
  Rarely do I disagree with my colleague from Texas, but on this 
occasion we are going to disagree agreeably. I think this is a good 
proposal. I heartily endorse it.
  Chairman Scott, you remember I chaired, along with you, two hearings 
in the last Congress, and I believe this is the third time it has 
passed the House Judiciary Committee, if the gentleman from Michigan 
will corroborate that.
  Mr. CONYERS. That is correct.
  Mr. COBLE. I thank Mr. Gohmert for yielding, and I urge passage of 
the Second Chance Act.
  Mr. CONYERS. Mr. Speaker, I am pleased to recognize the Chair of the 
Subcommittee on Crime of the House Judiciary Committee, the gentleman 
from Virginia (Mr. Scott) for 2 minutes.
  Mr. SCOTT of Virginia. Mr. Speaker, I rise in support of the Second 
Chance Act and would like to commend Mr. Davis from Illinois and the 
gentleman from Utah (Mr. Cannon) for their continued leadership on this 
bill and also acknowledge the dedication and tireless efforts of many 
members of the diverse coalition of national, State and local 
organizations referred to by Chairman Conyers.

[[Page H13578]]

  While our national crime rates may have fallen significantly over the 
last decade, we have seen an unprecedented explosion in our prison and 
jail populations. Today, over 2.2 million people are incarcerated in 
Federal and State jails and prisons, a 10-fold increase since 1980 and 
at a present cost of $65 billion.
  As a result of this focus on incarceration, the United States leads 
the world in per capita incarceration rates, over 700 per 100,000 
population. While most of the world locks up about 50 to 200 per 
100,000, the United States is first in the world at over 700 per 
100,000. And as a result, more than 650,000 people will be released 
from Federal and State prisons to communities nationwide, along with 9 
million people leaving local jails.
  Unfortunately, the Department of Justice's Bureau of Justice 
Statistics estimates that two-thirds of the offenders leave State and 
Federal prisons are rearrested in 3 years. If we are to reduce the 
number of inmates returning to prison, we need to provide our ex-
offenders with the education and training necessary for them to obtain 
and hold steady jobs. They also need drug treatment, and medical and 
mental health services to decrease the chances they will come back to 
prison.
  The Second Chance Act will provide these investments, and every study 
shows it will not only reduce crime but also save money in the process. 
Mr. Speaker, it is very infrequent that we have the opportunity to 
reduce crime and save money. I hope we will take that opportunity today 
and pass this bill.
  Mr. GOHMERT. Mr. Speaker, how much time remains?
  The SPEAKER pro tempore. The gentleman from Texas has 5 minutes 
remaining.
  Mr. GOHMERT. Thank you, Mr. Speaker.
  We heard moments ago that there are 212 organizations supporting the 
bill. I have talked to many of them over the course of our discussions 
on the Second Chance Act, great, noble, wonderful organizations. I 
couldn't find but one out of numerous ones that I talked to that 
actually read the bill. They all have the same goals. They all want to 
see adequate education and rehabilitation, cutting down on recidivism. 
We all want to see that. I want to see that. I think we have got to do 
that as a civilized society. There are many that support this goal. 
But, again, many haven't seen the bill.
  And I have checked with the staff in the interim. For example, H.R. 
719 is file-stamped November 13 at 1:11 today, and the Judiciary got it 
for the first time just before 3 p.m. so that you know.
  But if we really want to help the situation, doesn't it make sense to 
get the information on one of the biggest-funded programs NIJ has ever 
had so we put the money where it works and take it away from where it 
doesn't work?
  Mr. Speaker, in responding to the chairman's comment, I would have to 
say I noticed in reviewing the bill on Friday, it is a better bill than 
it was, in my opinion; but we still have a little ways to go. That is 
why I just think this is a bill in its present form, as it continues to 
morph, that should not be on the Suspension Calendar, but should come 
up under a regular rule where we have a chance to work on these other 
issues.
  Mr. Speaker, I reserve the balance of my time so the gentleman from 
Michigan has the time to respond.
  Mr. CONYERS. Mr. Speaker, I am glad that you find we are making 
progress; that is very encouraging. How much time do you think we would 
need to arrive at a point where your observations about the bill and 
the needed improvement and our position would intersect so we could get 
it before the body?
  I yield to the gentleman.
  Mr. GOHMERT. I appreciate the chairman yielding. I think we are 
getting closer, actually.
  Mr. CONYERS. How about tomorrow? If I gave you 24 hours, what would 
happen differently?
  Mr. GOHMERT. I would like to see the information that is being 
prepared to come forth on November 27 and 28, the newest information 
that is being brought to bear, all of these groups coming together. I 
would think then by December we ought to be able to have something.
  Mr. CONYERS. Mr. Speaker, I am going to recognize the distinguished 
whip of the majority, the gentleman from South Carolina (Mr. Clyburn), 
for 2 minutes, and maybe within his comments he can help us frame some 
kind of time line.
  Mr. CLYBURN. I thank the chairman for yielding me the time.
  I want to thank Chairman Scott and especially Congressman Danny Davis 
for not giving up on this legislation.
  We have been here for approximately 6 years now, Mr. Speaker; and if 
we are ever going to make progress in the crime that is crippling our 
communities, we cannot give up on any human being, because it is not 
enough to say we are just going to lock up every offender and throw 
away the key. Such narrow-mindedness does nothing to prevent our 
vulnerable youth from being indefinitely trapped in our Nation's 
correctional system.
  In order to stop crime, Mr. Speaker, we have to eliminate the 
criminal mindset. And we help to eliminate this mindset by offering 
alternatives for the offenders in their lives of crime. We do this by 
enrolling them in programs that provide them with an education, help 
them find employment, and remind them constantly of the consequences of 
antisocial behavior.
  I am happy to say that the Second Chance Act does all of this. It 
reaches out to offenders by increasing their access to vocational 
education. It also goes a long ways in helping many of our juvenile 
offenders understand the dangers associated with crime and providing 
them with counseling services.
  Many of the individuals currently incarcerated in this country are 
young, nonviolent, first-time offenders who made stupid mistakes. These 
kids should not be denied the opportunity to reposition their paths in 
a more stable and law-abiding direction.
  This bill makes tremendous strides in protecting the public and 
rehabilitating offenders, and I urge my colleagues to vote for its 
passage.
  Mr. GOHMERT. Might I inquire, I don't have any other speakers, if I 
can find out where the chairman is with regard to additional speakers.
  The SPEAKER pro tempore. The gentleman from Texas has 3 minutes and 
the gentleman from Michigan has 5 minutes.
  Mr. CONYERS. Mr. Speaker, I would like to recognize now the author of 
this bill, the gentleman from Illinois (Mr. Davis). We said it started 
three Congresses ago, but Danny Davis started it many years before 
three Congresses ago, and I am proud to yield 2 minutes to him.
  (Mr. DAVIS of Illinois asked and was given permission to revise and 
extend his remarks.)
  Mr. DAVIS of Illinois. Mr. Speaker, first of all, let me thank 
Chairman John Conyers and Ranking Member James Sensenbrenner of the 
Judiciary Committee for their unrelenting commitment to passing this 
landmark legislation. I also extend my appreciation to Senator Leahy 
and the Judiciary Committee in the Senate for their hard work, 
cooperation, and sensitivity.
  I also want to commend Congressman Chris Cannon of Utah who was the 
chief Republican sponsor on this legislation. I want to thank 
Congressmen Bobby Scott and Howard Coble and all of the cosponsors who 
signed on. I want to express appreciation to former Congressman Rob 
Portman, who was very instrumental in moving this legislation to this 
point.
  I want to thank Carolyn Cheeks Kilpatrick and all of the members of 
the Congressional Black Caucus, all of the organizations who have 
worked unceasingly to try and bring us to this point.
  I want to thank what we call the working group under the leadership 
of Gene Guerro. I don't know about them not reading this stuff. They 
have read it time and time and time again. As a matter of fact, they 
know it backwards, forwards, crossways, and sideways.
  I want to thank the staffs of all Members who have worked extremely 
hard, and thank especially the members of my advisory committee back in 
Chicago, Dennis Deer and George Williams and Tumia Romero, who helped 
orchestrate all of the activity. I thank Dr. Caleb Gilchrist, Bernard 
Moore, and Helen Mitchell in my office here.

                              {time}  1600

  I also want to thank, Mr. Chairman, Steny Hoyer, the majority leader, 
and

[[Page H13579]]

Mr. Blunt, the minority whip, who have been working on this now for 
months, bringing us to this point, and the President of the United 
States supported this when it was first introduced, and I want to thank 
him for his interest.
  Mr. GOHMERT. Mr. Speaker, I reserve the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield to the distinguished Member from 
Ohio, a former jurist and prosecutor herself, Stephanie Tubbs Jones, 
for 1 minute.
  Mrs. JONES of Ohio. I won't do all the thank-you's that Mr. Davis has 
already done.
  I want to say to you, Judge, if I offended you, I apologize. But you 
know as well as I do that it is so important for us to have programs 
for ex-offenders. In the time that I was a judge and prosecutor, it was 
those young people that we helped, that we gave a second chance to, 
that we said to them, all right, you made a mistake, let's make a 
difference in your life.
  I can't tell you how many times I have walked down the street, Judge 
Gohmert, and young people have walked up to me and said, ``Judge, you 
gave me a break and I thank you.'' ``Judge, you gave me an 
opportunity.'' And more than those young people need an opportunity. 
They need a second chance. This is the program.
  We can't study anymore. We have studied. There are all kinds of 
studies that have shown that community reentry works. There is all kind 
of programs that say diversion works. And there is a lot of young 
people out here who don't have a mother or father that is a judge or a 
prosecutor or a Congresswoman or a State Representative to call and say 
I am a good person. They need us to say in the world that young people, 
older people, whatever their age, who have been involved in the 
criminal justice system, paid their dues. They need a chance, and we 
ought to give them the second chance.
  Last week we were talking about reading the Bible, the week of the 
Bible and how important it was to follow God's word. What more 
important? God said you visited me when I was sick, when I was in jail. 
Second Chance can do that.
  And, Judge, all I am saying to you, and I didn't mean to offend you, 
but if I did I want you to know, your comments that fuel the fire make 
it hard for us to do a second chance.
  Mr. Speaker, I have been waiting nearly 30 years for Congress to 
enact meaningful reentry legislation, as I have been deeply involved in 
prisoner reentry issues since my days as a judge and county prosecutor 
in Cleveland, Ohio, before serving in Congress. While Cuyahoga County 
prosecutor, I helped establish the Pretrial Diversion Program, as well 
as the Municipal Drug Court. Both programs, I am proud to say, still 
exist and continue to help ex-offenders move on with their lives and 
become productive citizens of society.
  Prisoner reentry is not a Democratic or Republican issue. It is a 
common sense issue. The facts are clear--meaningful reentry programs 
significantly diminish the chances that ex-offenders will return to 
prison. That saves taxpayer dollars and increases public safety. So why 
not invest in enhancing reentry programs in order to end the cycle of 
recidivism? That is exactly what the Second Chance Act does.
  In 2002, 2 million people were incarcerated in all Federal and State 
prisons. Each year, nearly 650,000 people are released from prison to 
communities nationwide. Nearly two-thirds of released prisoners are 
expected to be re-arrested for a felony or serious misdemeanor within 
three years of their release.
  The State of Ohio has one of the largest populations of ex-offenders 
re-entering the community, with about 24,000 ex-offenders returning to 
their respective communities annually. Of those ex-offenders, about 
6,000 will return to Cuyahoga County and almost 5,000 will re-enter in 
the city of Cleveland. Statewide, about 40 percent of ex-offenders will 
return to prison. In Cuyahoga County, about 41 percent will return to 
prison. Such high recidivism rates translate into thousands of new 
crimes each year and wasted taxpayer dollars, which can be averted 
through improved prisoner reentry efforts.
  This legislation is critical to successful re-entry of offenders. The 
bill provides as a beginning the essential ingredients necessary to 
assure public safety and recovery. It will help begin the process of 
breaking down barriers to successful re-entry and allow offenders and 
their families the tools necessary to break the cycle of criminality.
  I would like to thank my colleague Danny Davis for all of his hard 
work on this issue as well as former Congressman Rob Portman who was 
the first to introduce the legislation. I encourage my colleagues to 
support this very important legislation.
  Mr. CONYERS. Mr. Speaker, I am proud now to yield to Gwen Moore, the 
gentlelady from Wisconsin, 1 minute.
  Ms. MOORE of Wisconsin. I thank you, Mr. Chairman. Mr. Speaker, I 
rise today in strong support of the Second Chance Act.
  According to the 2001 census, Wisconsin had the highest incarceration 
rate for African American males in the country, and I can tell you that 
this legislation represents a second chance for these convicted felons. 
You know, becoming a felon is akin to the civic death penalty. Ex-
offenders are often lacking a high school diploma, lacking vocational 
skills. They are drug and alcohol dependent. They are estranged from 
families. They are homeless. But this legislation not only is a second 
chance for those felons, but it is a second chance for our communities. 
Those communities, our States that are tethered to these billion dollar 
budgets for incarcerating particularly African American men and can't 
use those billions of dollars for more constructive and productive 
purposes like job creation and job training, educational and vocational 
training, and strengthening our families and communities.
  Please support this Second Chance Act.
  Mr. Speaker, I rise today In strong support of the Second Chance Act. 
I would like to thank Congressman Danny Davis for his hard work on this 
vitally important legislation. In my community, according to 2001, 
census data, Wisconsin had the highest incarceration rate of African 
Americans in the nation.
  In 2005, there were over 2 million people incarcerated in Federal or 
State prisons. Nearly 650,000 people are released from prison to our 
communities each year.
  Nearly two-thirds of released prisoners are expected to be rearrested 
for a felony or serious misdemeanor within three years of release.
  It is no secret that high recidivism rates translate into thousands 
of new crimes each year, many of which can be averted through improved 
prisoner reentry efforts.
  In my district alone, there were approximately 10,308 Milwaukee 
County Residents incarcerated as of June 2006.
  Since 1993 Milwaukee County has experienced nearly a four-fold 
increase in its recently released incarcerated population.
  In 1993 2,191 prisoners were released, compared to 8,147 in 2005.
  32 percent of offenders released to Milwaukee County are under the 
age of 25 at the time of release from prison.
  31 percent of the offenders released to Milwaukee County have less 
than a High School education.
  We are seeing an increased use of imprisonment to address the ``War 
on drugs'' :
  We are now incarcerating people at an alarming rate who have never 
been convicted of violent crimes and who have had no prior convictions.
  24 percent of the offenders released to Milwaukee County are in 
prison for Property crimes; 18 percent Drug crimes; 14 percent violent 
crimes; 4 percent Sex crimes and 3 percent Other Non-Violent crimes.
  Ex-offenders face an automatic uphill battle when released from 
prison. As a result of being incarcerated, they are denied:
  The right to vote:
  The U.S has the most restrictive felony voting rights in the World.
  In Wisconsin, those in prison, probation or parole are restricted 
from voting.
  Access to public assistance:
  Those with felony drug convictions are ineligible for food stamps and 
TANF services.
  Some are not eligible at all for subsidized housing, while all face 
significant barriers when applying for public housing and subsidies.
  Some can't apply for financial aid to get an education:
  Felons with drug-related convictions are denied financial aid to 
attend vocational education classes, college, and other postsecondary 
education programs.
  It is beneficial for an entire community when we provide proper 
resources and services to ex-offenders.
  The Second Chance Act will do just that by:
  Directing the Bureau of Prisons to create a Federal Re-Entry program 
to assist prisoners in successfully returning to their communities.
  Authorizing new grant programs to assist states and local governments 
with drug abuse treatment for those convicted of or facing criminal 
charges.
  Authorizing a new educational program that will improve vocational 
education programs in prisons, jails and juvenile detention facilities.
  Mr. Speaker, it is high time that we change our focus from catching 
ex-offenders violating

[[Page H13580]]

parole or probation to providing the adequate resources and programs to 
help them successfully integrate back into society.
  I urge my colleagues to vote for the Second Chance Act.
  Mr. GOHMERT. Mr. Speaker, I do appreciate Mrs. Tubbs Jones' comments. 
And I guess calling me or my comments outrageous was somewhat 
offensive, but as an old judge I was used to that. In fact, I have been 
called all kinds of names.
  And, yes, even 2 days ago when I was buying some potting soil back 
home, I had a guy come up to me with his father and said if it were not 
for me, he would never have straightened his life up.
  Those are not uncommon comments. And what it came from was being 
fair, but also having tough love. Because, as those who have been 
involved in dealing with people who have been addicted to drugs or 
alcohol, it does take tough love. And you do want to help them get out 
of the cycle rather than becoming an enabler. And that is my number one 
concern, is that we do not want to be enablers.
  And when we talk about Scripture, absolutely, there are all kinds of 
verses that apply to us for those that believe the teachings of Jesus 
as I do. They are entirely appropriate. Those are directed to 
individuals. If you get over to Romans 13, that is directed to the 
government. And where it says if you do evil, you need to be afraid, 
because God does not give the government the sword in vain, that is 
part of the role of government; if you do evil, then there are 
consequences.
  But it is a worthy goal to want to try to stop the cycle of 
recidivism. We all, I think, want that. No, I don't think; I know, we 
all want that same goal. But I am very concerned that we may be 
enabling by throwing money at a problem.
  One of the saddest words and lines I ever heard came at a hearing 
when the wealthiest people in my home county, they had the courtroom 
packed so that they were hoping that I would put her on probation yet 
again, and they knew she had had it too many times and it wasn't going 
to happen under me. And it didn't. And it turns out she had a huge 
trust fund every month. She never had to work, she never had to study, 
and she had spent all her money on drugs. And the last thing she said 
before I sentenced her was, ``I wish somebody had told me `no' before 
today and meant it.''
  She has now gotten out. Her mother, when I was walking neighborhoods, 
I went up to her door and her mother said, ``Come in and sit down.'' 
She said, ``You know, my husband and I just hated you at one point, but 
you saved our daughter's life.''
  Sometimes it is the tough love things that turn things around. We 
want the same goal. I don't want to throw good money after bad in 
renewed programs that shouldn't be. And I hope that if this fails on 
suspension, we can get the new data that is going to be forthcoming and 
work toward the same goal with additional, more helpful information.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CONYERS. Mr. Speaker, I yield to close the debate on our side to 
Eleanor Holmes Norton, who has been not just a trial lawyer but has 
been before the Supreme Court on numerous occasions.
  The SPEAKER pro tempore (Mr. Capuano). The gentlewoman from the 
District of Columbia is recognized for 1 minute.
  Ms. NORTON. I thank the gentleman for his important work. Two 
thousand five hundred ex-felons return to the District of Columbia 
every year. They are a microcosm of who is coming home to every 
community in this country.
  There is a special benefit and a special burden that has to be spoken 
of on this bill. Twelve percent of our population is African American; 
40 percent of those in Federal prison are African Americans. Most of 
these are nonviolent drug offenders. It is the sentencing guidelines, 
the mandatory minimums that have done this. All of us here have played 
a major role in destroying the African American family and their 
children, because these have been drug peddlers, not kingpins.
  The disparities have been recently relaxed. Justices, beginning with 
Justice Rehnquist, have spoken to the injustice. These inmates are now 
coming home. They have been in Federal prisons. Let's not make it any 
worse than it was in condemning them disproportionately under the crack 
cocaine guidelines. We owe it to their communities to help them return 
and become good citizens. That is all this bill aims to do.
  I thank the gentleman for all of his work on this bill, and 
particularly the sponsor, Mr. Davis.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in strong support of 
H.R. 1593, the Second Chance Act of 2007. I would like to thank my dear 
colleague Mr. Danny Davis  of Illinois for sponsoring this very 
important legislation that addresses the prison warehousing crisis in 
this country. H.R. 1593, a bill of which I am an original co-sponsor, 
addresses the very serious concerns about the compromised state of 
warehousing prisoners.
  Earlier this year, the Judiciary Subcommittee on Crime, Terrorism and 
Homeland Security of which I am a member, held hearings to address the 
state of certain conditions within the United States prison system. In 
one of those hearings, my colleagues and I considered the merits of The 
Second Chance Act, and my amendment which I offered in the last 
Congress was included in the base bill this year.
  The Second Chance Act is designed to reduce recidivism, increase 
public safety, and help State and local governments better address the 
growing population of ex-offenders returning to their communities. The 
bill focuses on four areas: development and support of programs that 
provide alternatives to incarceration, expansion of the availability of 
substance abuse treatment, strengthening families and the expansion of 
comprehensive re-entry services.
  Nearly two-thirds of released state prisoners are expected to be re-
arrested for a felony or serious misdemeanor within 3 years of their 
release. Such high recidivism rates translate into thousands of new 
crimes each year and wasted taxpayer dollars, which can be averted 
through improved prisoner reentry efforts.
  The ``Second Chance Act of 2007'' allocates funding towards a variety 
of reentry programs. One of the main components of the bill is the 
funding of demonstration projects that would provide ex-offenders with 
a coordinated continuum of housing, education, health, employment, and 
mentoring services. This broad array of services would provide 
stability and make the transition for ex-offenders easier, in turn 
reducing recidivism.

  Another reason why I strongly support this legislation is because it 
includes a provision contained in an amendment I offered during the 
Judiciary Committee markup of this bill in the 109th Congress. That 
amendment, incorporated in H.R. 1593 as Section 243 of the bill, 
requires that the:
  Attorney General shall collect data and develop best practices of 
State corrections departments and child protection agencies relating to 
the communication and cordination between such State departments and 
agencies to ensure the safety and support of children of incarcerated 
parents, including those in foster care and kinship care, and the 
support of parent-child relationships between incarcerated, and 
formerly incarcerated, parents and their children, as appropriate to 
the health and well-being of the children.
  My amendment provides for a systematic means of ensuring the safety 
and support of children of incarcerated parents and the support of 
children of release for non-violent offenders who have attained the age 
of at least 45 years of age, have never been convicted of a violent 
crime, have never escaped or attempted to escape from incarceration, 
and have not engaged in any violation, involving violent conduct, of 
institutional disciplinary regulations.
  The Second Chance Act seeks to ensure that in affording offenders a 
second chance to turn around their lives and contribute to society, ex-
offenders are not too old to take advantage of a second chance to 
redeem themselves. A second benefit of the legislation is that it would 
relieve some of the strain on Federal, State, and local government 
budgets by reducing considerably government expenditures on warehousing 
prisoners.
  Mr. Speaker, some of those who are incarcerated face extremely long 
sentences, and this language would help to address this problem. 
Releasing rehabilitated, middle-aged, non-violent offenders from an 
already overcrowded prison population can be a win-win situation for 
society and the individual who, like the Jean Valjean made famous in 
Victor Hugo's Les Miserables, is redeemed by the grace of a second 
chance. The reentry of such individuals into the society will enable 
them to repay the community through community service and obtain or 
regain a sense of self-worth and accomplishment. It promises a 
reduction in burdens to the taxpayer, and an affirmation of the America 
value that no non-violent offender is beyond redemption.

[[Page H13581]]

  Mr. Speaker, the number of Federal inmates has grown from just over 
24,000 in 1980 to 173,739 in 2004. The cost to incarcerate these 
individuals has risen from $330 million to $4.6 billion since 2004. At 
a time when tight budgets have forced many States to consider the early 
release of hundreds of inmates to conserve tax revenue, early release 
is a common-sense option to raise capital.
  The rate of incarceration and the length of sentence for first-time 
non-violent offenders have become extreme. Over the past two decades, 
no area of State government expenditures has increased as rapidly as 
prisons and jails. According to data collected by the Justice 
Department, the number of prisoners in America has more than tripled 
over the last two decades from 500,000 to 1.8 million, with States like 
California and Texas experiencing eightfold prison population increases 
during that time. Mr. Chairman, there are more people in the prisons of 
America than there are residents in States of Alaska, North Dakota, and 
Wyoming combined.
  Over 1 million people have been warehoused for nonviolent, often 
petty crimes. The European Union, with a population of 370 million, has 
one-sixth the number of incarcerated persons as we do, and that 
includes violent and nonviolent offenders. This is one-third the number 
of prisoners which America, a country with 70 million fewer people, 
incarcerates for nonviolent offenses.
  The 1.1 million nonviolent offenders we currently lock up represents 
5 times the number of people held in India's entire prison system, even 
though its population is 4 times greater than the United States.
  As the number of individuals incarcerated for nonviolent offenses has 
steadily risen, African-Americans and Latinos have comprised a growing 
percentage of the overall number incarcerated. In the 1930s, 75 percent 
of the people entering State and Federal prison were white (roughly 
reflecting the demographics of the Nation). Today, minority communities 
represent 70 percent of all new admissions and more than half of all 
Americans behind bars.
  This is why for the last several years I have introduced the H.R. 
261, the Federal Prison Bureau Nonviolent Offender Relief Act. H.R. 261 
directs the Bureau of Prisons, pursuant to a good time policy, to 
release a prisoner who has served one-half or more of his or her term 
of imprisonment if that prisoner: (1) has attained age 45; (2) has 
never been convicted of a crime of violence; and (3) has not engaged in 
any violation, involving violent conduct, of institutional disciplinary 
regulations.
  Over 2 million offenders are incarcerated in the nation's prisons and 
jails. At midyear 2002, 665,475 inmates were held in the Nation's local 
jails, up from 631,240 at midyear 2001. Projections indicate that the 
inmate population will unfortunately continue to rise over the years to 
come.
  To illustrate the impact that The Second Chance Act will potentially 
have on Texas, the Federal prison population for the years 2000, 2001, 
and 2002 reached 39,679, 36,138 and 36,635 persons respectively; the 
State prison population for the same years reached 20,200, 20,898, and 
23,561 persons. These numbers have grown since 2002, so the impact is 
indeed significant and the State of Texas is an important stakeholder.
  I am also concerned about the rehabilitation and treatment of 
juvenile offenders in my home State of Texas as it appears that the 
administrators of TYC have neglected their duties. The April 10, 2007 
``Dallas Morning News'', reported that ``two former Texas Youth 
Commission administrators were indicted on charges that they sexually 
abused teenage inmates at the state juvenile prison in Pyote''. The 
same article also cited the 2005 investigative report by Texas Rangers' 
Sgt Burzynski which found that the two indicted TYC administrators, 
Brookins and Hernandez, had repeatedly molested inmates in the Pyote 
prison. The report is cited as saying that Mr. Brookins, who during 
some periods was the top official, had shown sex toys and pornography 
in his office, while Mr. Hernandez molested inmates in classrooms and 
closets.
  I hope that all of my colleagues would join me in supporting the 
Second Chance Act. Passage of H.R. 1593 would be the start of a long 
overdue process to eliminate unnecessary costs that result from 
warehousing prisoners.
  Ms. LEE. Mr. Speaker, I rise in strong support of H.R. 1593, The 
Second Chance Act. I thank Congressman Danny Davis for introducing this 
important legislation and thank him for his leadership in support of 
formerly incarcerated persons making a successful transition back into 
their communities.
  We must all begin to recognize the unique needs of those on the path 
of re-entry. I believe that there needs to be a comprehensive system of 
support to reduce the rates of recidivism and wasted tax dollars.
  Today, our prisons and jails are filled beyond capacity, mostly with 
non-violent drug offenders, at enormous cost to the taxpayer. The 
politics of locking people up are easy. Not enough lawmakers have given 
much thought to the hard part: the inconvenient fact that more than 95 
percent of the people who got to prison or jail will return at some 
point to our communities, with little or no preparation to succeed when 
they do.
  The reality is, recidivism rates continue to rise with nearly 70 
percent of those released from incarceration returning to prison within 
3 years. By releasing the formerly incarcerated back into our 
communities without arming them with the necessary tools for survival, 
we are condemning them to repeat their past mistakes. This does nothing 
to reduce the crime rate or provide for safer communities.
  We need to put the rehabilitation back into our penal system, to 
prepare people for reentry with job training and to send people with 
drug problems to treatment, not jail.
  Today, we can change the landscape of re-entry programs for the 
formerly incarcerated in this country. We need to make rehabilitation a 
reality not just an abstract proposal. By providing all formerly 
incarcerated individuals with greater access to education, health care, 
job placement, and drug treatment we will reduce recidivism rates 
across the board.
  Mr. Speaker, this legislation is especially important to me because 
over 14,000 formerly incarcerated persons return to our community every 
year. The State of California had over 500,000 adults on parole or 
probation in 2005.
  Comprehensive re-entry programs are critical to safely and 
productively returning the formerly incarcerated into the communities 
that they came from. Up to 60 percent are unemployed a year after 
release and up to 30 percent go directly to homeless shelters upon 
their release. The incidence of drug use among ex-offenders is over 80 
percent, twice the rate of the United States population. It's more than 
clear that something needs to be done.
  Following the lead of my colleague from Illinois, I host an annual 
Clean Slate Summit, which we held on November 3, to help those who 
qualify to legally clean up their records so that they can access the 
employment, education, housing and civic opportunities they need. We 
work to coordinate the efforts of community groups like the East Bay 
Community Law Center and All of Us or None, with local and county 
government leaders like Assemblymember Sandre Swanson and Alameda 
County Supervisor Keith Carson as well as local judges and the district 
attorney's office. It is only through this comprehensive and 
cooperative approach that we can successfully assist those who are so 
often completely cut off from their communities.
  We have a vested interest in making sure that people reentering our 
community do so successfully. Help with cleaning their records provides 
and opportunity for a second chance to read an application, get a job 
or go back to school.
  Booker T. Washington once said that ``Success is to be measured not 
so much by the position that one has reached in life as by the 
obstacles which he, or she, has overcome.''
  Mr. Speaker, we must end the cycle of injustice that is perpetuated 
by a system that continues to punish people, long after they have paid 
their debt to society. H.R. 1593, the Second Chance Act, is a critical 
step forward. No one condones criminal activity but once one serves 
their time, they should be free to feed their family and move on with 
their lives.
  Mr. SMITH of Texas. Mr. Speaker, I rise in support of the ``Second 
Chance Act of 2007.'' I commend Chairman Conyers, Crime Subcommittee 
Chairman Scott, along with Ranking Member Mr. Forbes, and 
Representatives Chris Cannon, Danny Davis, Howard Coble, and Stephanie 
Tubbs-Jones for their commitment to the issue of prisoner re-entry.
  I also want to thank Minority Whip Roy Blunt for his tireless 
dedication to this legislation. Congressman Blunt and his staff devoted 
countless hours to bicameral and bipartisan negotiations to reach a 
consensus on this important legislation. The new bill, which is modeled 
on prior versions, is an excellent example of bipartisan cooperation on 
important criminal justice matters.
  This bill represents a common sense approach to addressing the 
problems posed by prisoner reentry.
  President Bush stated in his 2004 State of the Union address: ``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.''
  The Second Chance Act of 2007 implements the President's initiative.
  I believe in tough enforcement of our criminal laws. Public safety is 
essential to a free society, and criminals must be aggressively 
prosecuted and incarcerated to protect our communities. However, once 
criminals are incarcerated, we have an obligation to make sure they are 
rehabilitated and treated humanely.

[[Page H13582]]

  The Second Chance Act creates a framework of strategic policy 
innovations to provide effective re-entry services.
  The demand for innovative solutions is obvious--it is conservatively 
estimated that approximately 650,000 inmates will be released from 
State prisons in the next year. In the absence of action, 67 percent of 
these individuals will be rearrested and over half will return to 
prison in the 3 years following their release from prison. States are 
being crushed by an overwhelming financial burden of correctional 
costs.
  We need to help State and local governments implement innovative 
programs to ease the transition for offenders, to bring families 
together once again, and to make sure that offenders get the necessary 
support so that they can truly have a second chance to live a law-
abiding life.
  Successful reentry protects those who might otherwise be crime 
victims. It also improve the likelihood that individuals released from 
prison, jail or juvenile detention facilities can pay fines, fees, 
restitution, and provide family support.
  The Second Chance Act expands existing demonstration programs to 
improve coordination among service providers, supervision services and 
re-entry task forces, and between State substance abuse agencies and 
criminal justice agencies. The Act also strengthens reentry services 
and authorizes grants to operate State and local reentry courts, and to 
establish local re-entry task forces to develop comprehensive reentry 
plans during each phase of transition--from incarceration, to 
transitional housing, to release in the community.
  I urge my colleagues to support the bill.
  Mr. CANNON. Mr. Speaker, I rise in support of the Second Chance Act. 
This is an important bill not only to ex-offenders but to our 
communities and families.
  This bill is a modest, commonsense response to the increasing number 
of offenders returning to our communities each year.
  The Second Chance Act is a bipartisan approach to prisoner reentry 
that will better coordinate Federal agencies and policies on prisoner 
reentry with an eye towards less crime and taxpayer savings.
  The Second Chance Act addresses important areas for offenders and 
communities, including: jobs, housing, substance abuse, mental health 
treatment, and support for families.
  This legislation brings together State and local governments to work 
together on the problem of prisoner reentry.
  A modest expenditure to help transition offenders back into their 
communities can save taxpayers millions of dollars in the long run 
because the cost of paying for inmates is a serious burden to our 
citizens.
  The average cost to house a Federal inmate is over $25,000 a year. If 
we can reduce recidivism we can save taxpayers millions of dollars.
  I supported the Second Chance Act when our former colleague 
Representative Rob Portman introduced the bill in 2004. He should be 
acknowledged for his diligent work on this important issue and paving 
the way for us to be here today.
  After Mr. Portman left Congress, I took over as the primary sponsor 
and this Congress I cosponsored this legislation for the reasons I have 
stated.
  I believe there are some fundamental ideas that we hold as Americans.
  The first is that there is a God and that we will all at some point 
face divine judgment.
  You don't have to believe in God to be an American, but most 
Americans, believers or not, when given a choice will support limiting 
government to promote the welfare of their fellow man.

  For believers like me, this legislation does that.
  It is part of our Judeo-Christian ethics that we have a 
responsibility to care for widows, orphans and those less fortunate, 
including, always and explicitly, prisoners.
  The issues addressed in the Second Chance Act are not only safety and 
cost savings but reflect a moral imperative.
  The President laid out in his State of the Union Address in 2004 the 
need for this bill, stating, ``America is the land of second chance and 
when the gates of prison open, the path should lead to a better life.''
  This bill will give those released from prison a better chance to 
improve their circumstances by turning away from crime and turning into 
productive contributing citizens.
  I want to thank Congressman Danny Davis, Chairman Conyers, Judiciary 
Ranking Member Lamar Smith and Congressman Sensenbrenner, Congressman 
Forbes, and Congressman Coble for their work and leadership on this 
legislation.
  I urge my colleagues to support the Second Chance Act of 2007.
  Mr. SHAYS. Mr. Speaker, as a cosponsor of H.R. 1593, I am pleased we 
are considering this legislation today.
  The fact is this bill will save taxpayers money by breaking the 
expensive cycle of sending people back to prison. This bill authorizes 
$65 million in fiscal year 2008 for Department of Justice, DoJ, grants 
to boost programs that provide newly released prisoners with housing, 
drug treatment, counseling, job training and literacy and education 
services.
  The bill would improve residential drug treatment programs and 
follow-up care, and would expand family-based treatment centers. It 
would also authorize the Bureau of justice Statistics to study 
substance abusers' re-entry into society.
  Our goal needs to be helping offenders successfully re-enter society. 
According to DoJ statistics, nearly two-thirds of those released from 
prison are likely to be re-arrested within 3 years. This is troubling, 
but the good news is Congress has recognized the problem and is 
implementing an innovative strategy to address it.
  Mr. Speaker, I urge support of this legislation.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Conyers) that the House suspend the rules 
and pass the bill, H.R. 1593, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GOHMERT. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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