I 

108TH CONGRESS 

2D SESSION H. R. 5075

To encourage successful re-entry of incarcerated persons into the community 

after release, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2004

Mr. CONYERS (for himself, Mr. SCOTT of Virginia, and Mr. RANGEL) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and the Workforce, Financial Services, Energy and Commerce, and 

Agriculture, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To encourage successful re-entry of incarcerated persons into 

the community after release, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Re-Entry Enhancement Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 
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TITLE I—GRANTS TO ENCOURAGE SUCCESSFUL PRISONER REENTRY 

Sec. 101. Reauthorization of adult and juvenile offender State and local reentry demonstration projects. 

Sec. 102. Improved re-entry procedures for Federal prisoners. 

Sec. 103. Task force on Federal programs and activities relating to reentry of 

offenders. 

Sec. 104. Offender re-entry research. 

Sec. 105. Use of violent offender truth-in-sentencing Grant funding for demonstration project activities. 

Sec. 106. State and local reentry courts. 

Sec. 107. Federal Enhanced In-Prison Vocational Assessment and Training 

Demonstration Project. 

TITLE II—REMOVING BARRIERS TO RE-ENTRY 

Sec. 201. Right to vote in Federal elections for nonincarcerated ex-offenders. 

Sec. 202. Prohibition on unwarranted employment discrimination. 

Sec. 203. Increase in Federal work opportunity tax credit. 

Sec. 204. Reform of student financial assistance. 

Sec. 205. Reform of ‘‘one strike’’ mandatory eviction. 

Sec. 206. Amendment to the Adult Education and Family Literacy Act to remove restriction on amount of funds available for corrections 

education programs. 

Sec. 207. Clarification of authority to place prisoner in community corrections. 

Sec. 208. Denial of tanf and food stamps for felony conviction for welfare 

fraud. 

Sec. 209. Reform of provisions that limit family reunification after prison. 

Sec. 210. State medicaid plan requirement to ensure restoration of coverage for 

eligible individuals upon release from confinement. 

Sec. 211. Reform of supervised release. 

Sec. 212. Grants to study parole violations and revocations. 

Sec. 213. Residential substance abuse treatment programs.

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Over 2,000,000 prisoners are now held in 

4 Federal and State prisons and local jails. Nearly 

5 925,000 Americans are convicted of felony offenses 

6 in the Nation’s courts each year, and some 600,000 

7 are incarcerated as a result. Over 5,600,000 Amer8 ican adults have spent time in a State or Federal 

9 prison. If incarceration rates remain unchanged, 6.6 

10 percent of Americans born in 2001 will go to prison 
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1 at some time during their lifetime. A total of 

2 6,700,000 Americans were under some form of 

3 criminal justice supervision by the end of 2002. Over 

4 4,700,000 adult men and women were under Fed5 eral, State, or local probation or parole by the end 

6 of 2002. Over 650,000 people a year return to their 

7 communities following a prison or jail sentence. 

8 (2) The successful reintegration of former pris9 oners is one of the most formidable challenges facing 

10 society today. The transition from prison life is in11 herently difficult, and especially so for individuals 

12 who have served a lengthy sentence and received lit13 tle preparation for life in law-abiding society. A 

14 former prisoner may find it difficult to find employ15 ment, housing, health care, and public assistance. 

16 He or she may be cut off from his or her family and 

17 community. 

18 (3) As a result of these challenges, nearly two19 thirds of released State prisoners are expected to be 

20 re-arrested for a felony or serious misdemeanor 

21 within three years after release. Such high recidi22 vism rates can be averted through improved prisoner 

23 re-entry efforts. 

24 (4) In recent years, a number of States and 

25 local governments have begun to establish improved 
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1 systems for reintegrating former prisoners. Under 

2 such systems, corrections officials begin to plan for 

3 a prisoner’s release while he or she is incarcerated 

4 and provide a transition to needed services in the 

5 community. 

6 (5) Successful re-entry protects those who 

7 might otherwise be crime victims. It also improves 

8 the likelihood that individuals released from prison 

9 or juvenile detention facilities can pay fines, fees, 

10 restitution, and family support. 

11 (6) According to the Bureau of Justice Statis12 tics, expenditures on corrections alone increased 

13 from $9,000,000,000 in 1982 to $44,000,000,000 in 

14 1997. These figures do not include the cost of arrest 

15 and prosecution, nor do they take into account the 

16 cost to victims. 

17 (7) Incarceration results in profound collateral 

18 consequences including, but not limited to, barriers 

19 to housing, public assistance, family reunification, 

20 employment, and voting rights, which results in pub21 lic health risks, homelessness, unemployment, and 

22 disenfranchisement. All of these negative outcomes 

23 contribute to increased recidivism. 

24 (8) The high prevalence of infectious disease, 

25 substance abuse, and mental health disorders that 
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1 has been found in incarcerated populations demands 

2 that a recovery model of treatment should be used 

3 for handling the more than two-thirds of all offend4 ers with such needs. 

5 (9) One of the most significant costs of prisoner 

6 re-entry is the impact on children, the weakened ties 

7 among family members, and destabilized commu8 nities. The long-term generational effects of a social 

9 structure in which imprisonment is the norm and 

10 law-abiding role models are absent are difficult to 

11 measure but undoubtedly exist. 

12 (10) According to the 2001 national data from 

13 the Bureau of Justice Statistics, 3,500,000 parents 

14 were supervised by the correctional system. Prior to 

15 incarceration, 64 percent of female prisoners and 44 

16 percent of male prisoners in State facilities lived 

17 with their children. 

18 (11) Between 1991 and 1999, the number of 

19 children with a parent in a Federal or State correc20 tional facility increased by more than 100 percent, 

21 from approximately 900,000 to approximately 

22 2,000,000. According to the Bureau of Prisons, 

23 there is evidence to suggest that inmates who are 

24 connected to their children and families are more 
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1 likely to avoid negative incidents and have reduced 

2 sentences. 

3 (12) Approximately 100,000 juveniles (ages 17 

4 and under) leave juvenile correctional facilities, State 

5 prison, or Federal prison each year. Juveniles re6 leased from confinement still have their likely prime 

7 crime years ahead of them. Juveniles released from 

8 secure confinement have a recidivism rate ranging 

9 from 55 to 75 percent. The chances that young peo10 ple will successfully transition into society improve 

11 with effective re-entry and aftercare programs. 

12 (13) Studies have shown that from 15 percent 

13 to 27 percent of prisoners expect to go to homeless 

14 shelters upon release from prison. 

15 (14) The National Institute of Justice has 

16 found that after one year of release, up to 60 per17 cent of former inmates are not employed. 

18 (15) Fifty-seven percent of Federal and 70 per19 cent of State inmates used drugs regularly before 

20 prison, with some estimates of involvement with 

21 drugs or alcohol around the time of the offense as 

22 high as 84 percent (BJS Trends in State Parole, 

23 1990–2000). 

24 (16) According to the Bureau of Justice Statis25 tics, 60 to 83 percent of the Nation’s correctional 
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1 population have used drugs at some point in their 

2 lives. This is twice the estimated drug use of the 

3 total United States population of 40 percent. 

4 (17) Family-based treatment programs have 

5 proven results for serving the special population of 

6 female offenders and substance abusers with chil7 dren. An evaluation by the Substance Abuse and 

8 Mental Health Services Administration of family9 based treatment for substance abusing mothers and 

10 children found that at six months post treatment, 60 

11 percent of the mothers remain alcohol and drug free, 

12 and drug related offenses declined from 28 to 7 per13 cent. Additionally, a 2003 evaluation of residential 

14 family based treatment programs revealed that 60 

15 percent of mothers remained clean and sober six 

16 months after treatment, criminal arrests declined by 

17 43 percent, and 88 percent of the children treated 

18 in the program with their mothers remain stabilized. 

19 (18) A Bureau of Justice Statistics analysis in20 dicated that only 33 percent of Federal and 36 per21 cent of State inmates had participated in residential 

22 inpatient treatment programs for alcohol and drug 

23 abuse 12 months before their release. Further, over 

24 one-third of all jail inmates have some physical or 

25 mental disability and 25 percent of jail inmates have 
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1 been treated at some time for a mental or emotional 

2 problem. 

3 (19) According to the National Institute of Lit4 eracy, 70 percent of all prisoners function at the two 

5 lowest literacy levels. 

6 (20) The Bureau of Justice Statistics has found 

7 that 27 percent of Federal inmates, 40 percent of 

8 State inmates, and 47 percent of local jail inmates 

9 have never completed high school or its equivalent. 

10 Furthermore, the Bureau of Justice Statistics has 

11 found that less educated inmates are more likely to 

12 be recidivists. Only 1 in 4 local jails offer basic adult 

13 education programs. 

14 (21) Participation in State correctional edu15 cation programs lowers the likelihood of reincarcer16 ation by 29 percent, according to a recent United 

17 States Department of Education study. A Federal 

18 Bureau of Prisons study found a 33 percent drop in 

19 recidivism among federal prisoners who participated 

20 in vocational and apprenticeship training. 
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1 TITLE I—GRANTS TO ENCOUR2 AGE SUCCESSFUL PRISONER 

3 RE-ENTRY 

4 SEC. 101. REAUTHORIZATION OF ADULT AND JUVENILE OF5 FENDER STATE AND LOCAL RE-ENTRY DEM6 ONSTRATION PROJECTS. 

7 (a) ADULT AND JUVENILE OFFENDER DEMONSTRA8 TION PROJECTS AUTHORIZED.—Section 2976 of the Om9 nibus Crime Control and Safe Streets Act of 1968 (42 

10 U.S.C. 3797w) is amended in subsection (b) by striking 

11 paragraphs (1) through (4) and inserting the following 

12 new paragraphs: 

13 ‘‘(1) establishing or improving the system or 

14 systems under which—

15 ‘‘(A) the correctional agency of the State 

16 or local government develops and carries out 

17 plans to facilitate the re-entry into the commu18 nity of each offender in State or local custody; 

19 ‘‘(B) the supervision and services provided 

20 to offenders in State or local custody are co21 ordinated with the supervision and services pro22 vided to offenders after re-entry into the com23 munity; 

24 ‘‘(C) the efforts of various public and pri25 vate entities to provide supervision and services 
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1 to offenders after re-entry into the community, 

2 and to family members of such offenders, are 

3 coordinated; and 

4 ‘‘(D) offenders awaiting re-entry into the 

5 community are provided with documents (such 

6 as identification papers, referrals to services, 

7 medical prescriptions, job training certificates, 

8 apprenticeship papers, and information on ob9 taining public assistance) useful in achieving a 

10 successful transition from prison; 

11 ‘‘(2) carrying out programs and initiatives by 

12 units of local government to strengthen re-entry 

13 services for individuals released from local jails; 

14 ‘‘(3) enabling prison mentors of offenders to re15 main in contact with those offenders, including 

16 through the use of such technology as 

17 videoconferencing, during incarceration and after re18 entry into the community and encouraging the in19 volvement of prison mentors in the re-entry process; 

20 ‘‘(4) providing structured post-release housing 

21 and transitional housing, including group homes for 

22 recovering substance abusers, through which offend23 ers are provided supervision and services imme24 diately following re-entry into the community; 
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1 ‘‘(5) assisting offenders in securing permanent 

2 housing upon release or following a stay in transi3 tional housing; 

4 ‘‘(6) providing continuity of health services (in5 cluding mental health services, substance abuse 

6 treatment and aftercare, and treatment for con7 tagious diseases) to offenders in custody and after 

8 re-entry into the community; 

9 ‘‘(7) providing offenders with education, job 

10 training, English as a second language programs, 

11 work experience programs, self-respect and life skills 

12 training, and other skills useful in achieving a suc13 cessful transition from prison; 

14 ‘‘(8) facilitating collaboration among corrections 

15 and community corrections, technical schools, com16 munity colleges, and the workforce development and 

17 employment service sectors to—

18 ‘‘(A) promote, where appropriate, the em19 ployment of people released from prison and 

20 jail, through efforts such as educating employ21 ers about existing financial incentives and facili22 tate the creation of job opportunities, including 

23 transitional jobs, for this population that will 

24 benefit communities; 
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1 ‘‘(B) connect inmates to employment, in2 cluding supportive employment and employment 

3 services, before their release to the community; 

4 and 

5 ‘‘(C) addressing barriers to employment; 

6 ‘‘(9) assessing the literacy and educational 

7 needs of offenders in custody and identifying and 

8 providing services appropriate to meet those needs, 

9 including follow-up assessments and long-term serv10 ices; 

11 ‘‘(10) systems under which family members of 

12 offenders are involved in facilitating the successful 

13 re-entry of those offenders into the community, in14 cluding removing obstacles to the maintenance of 

15 family relationships while the offender is in custody, 

16 strengthening the family’s capacity as a stable living 

17 situation during re-entry where appropriate, and in18 volving family members in the planning and imple19 mentation of the re-entry process; 

20 ‘‘(11) programs under which victims are in21 cluded, on a voluntary basis, in the re-entry process; 

22 ‘‘(12) programs that facilitate visitation and 

23 maintenance of family relationships with respect to 

24 offenders in custody by addressing obstacles such as 
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1 travel, telephone costs, mail restrictions, and restric2 tive visitation policies; 

3 ‘‘(13) identifying and addressing barriers to col4 laborating with child welfare agencies in the provi5 sion of services jointly to offenders in custody and 

6 to the children of such offenders; 

7 ‘‘(14) implementing programs in correctional 

8 agencies to include the collection of information re9 garding any dependent children of an incarcerated 

10 person as part of intake procedures, including the 

11 number of children, age, and location or jurisdiction, 

12 and connect identified children with appropriate 

13 services; 

14 ‘‘(15) addressing barriers to the visitation of 

15 children with an incarcerated parent, and mainte16 nance of the parent-child relationship, such as the 

17 location of facilities in remote areas, telephone costs, 

18 mail restrictions, and visitation policies; 

19 ‘‘(16) creating, developing, or enhancing pris20 oner and family assessments curricula, policies, pro21 cedures, or programs (including mentoring pro22 grams) to help prisoners with a history or identified 

23 risk of domestic violence, dating violence, sexual as24 sault, or stalking reconnect with their families and 

25 communities as appropriate (or when it is safe to do 
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1 so) and become mutually respectful, nonabusive par2 ents or partners, under which particular attention is 

3 paid to the safety of children affected and the con4 fidentiality concerns of victims, and efforts are co5 ordinated with existing victim service providers; 

6 ‘‘(17) developing programs and activities that 

7 support parent-child relationships, such as—

8 ‘‘(A) using telephone conferencing to per9 mit incarcerated parents to participate in par10 ent-teacher conferences; 

11 ‘‘(B) using videoconferencing to allow vir12 tual visitation when incarcerated persons are 

13 more than 100 miles from their families; 

14 ‘‘(C) the development of books on tape 

15 programs, through which incarcerated parents 

16 read a book into a tape to be sent to their chil17 dren; 

18 ‘‘(D) the establishment of family days, 

19 which provide for longer visitation hours or 

20 family activities; or 

21 ‘‘(E) the creation of children’s areas in vis22 itation rooms with parent-child activities; 

23 ‘‘(18) expanding family-based treatment centers 

24 that offer family-based comprehensive treatment 
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1 services for parents and their children as a complete 

2 family unit; 

3 ‘‘(19) conducting studies to determine who is 

4 returning to prison or jail and which of those return5 ing prisoners represent the greatest risk to commu6 nity safety; 

7 ‘‘(20) developing or adopting procedures to en8 sure that dangerous felons are not released from 

9 prison prematurely; 

10 ‘‘(21) developing and implementing procedures 

11 to assist relevant authorities in determining when re12 lease is appropriate and in the use of data to inform 

13 the release decision; 

14 ‘‘(22) developing and implementing procedures 

15 to identify efficiently and effectively those violators 

16 of probation or parole who should be returned to 

17 prison; 

18 ‘‘(23) utilizing established assessment tools to 

19 assess the risk factors of returning inmates and 

20 prioritizing services based on risk; 

21 ‘‘(24) conducting studies to determine who is 

22 returning to prison or jail and which of those return23 ing prisoners represent the greatest risk to commu24 nity safety; 
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1 ‘‘(25) facilitating and encouraging timely and 

2 complete payment of restitution and fines by ex-of3 fenders to victims and the community; 

4 ‘‘(26) developing or adopting procedures to en5 sure that dangerous felons are not released from 

6 prison prematurely; 

7 ‘‘(27) establishing or expanding the use of re8 entry courts to—

9 ‘‘(A) monitor offenders returning to the 

10 community; 

11 ‘‘(B) provide returning offenders with—

12 ‘‘(i) drug and alcohol testing and 

13 treatment; and 

14 ‘‘(ii) mental and medical health as15 sessment and services; 

16 ‘‘(C) facilitate restorative justice practices 

17 and convene family or community impact pan18 els, family impact educational classes, victim 

19 impact panels, or victim impact educational 

20 classes; 

21 ‘‘(D) provide and coordinate the delivery of 

22 other community services to offenders, includ23 ing—

24 ‘‘(i) housing assistance; 

25 ‘‘(ii) education; 
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1 ‘‘(iii) employment training; 

2 ‘‘(iv) children and family support; 

3 ‘‘(v) conflict resolution skills training; 

4 ‘‘(vi) family violence intervention pro5 grams; and 

6 ‘‘(vii) other appropriate social serv7 ices; and 

8 ‘‘(E) establish and implement graduated 

9 sanctions and incentives; and 

10 ‘‘(28) providing technology to advance post re11 lease supervision.’’. 

12 (b) JUVENILE OFFENDER DEMONSTRATION

13 PROJECTS REAUTHORIZED.—Such section is further 

14 amended in subsection (c) by striking ‘‘may be expended 

15 for’’ and all that follows through the period at the end 

16 and inserting ‘‘may be expended for any activity referred 

17 to in subsection (b).’’. 

18 (c) APPLICATIONS; PRIORITIES; PERFORMANCE

19 MEASUREMENTS.—Such section is further amended—

20 (1) by redesignating subsection (h) as sub21 section (o); and 

22 (2) by striking subsections (d) through (g) and 

23 inserting the following new subsections: 

24 ‘‘(d) APPLICATIONS.—A State, unit of local govern25 ment, territory, or Indian tribe desiring a grant under this 
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1 section shall submit an application to the Attorney Gen2 eral that—

3 ‘‘(1) contains a re-entry strategic plan, which 

4 describes the long-term strategy, and a detailed im5 plementation schedule, including the jurisdiction’s 

6 plans to pay for the program after the Federal fund7 ing is discontinued; 

8 ‘‘(2) identifies the governmental agencies and 

9 community and faith-based organizations that will 

10 be coordinated by, and collaborate on, the appli11 cant’s prisoner re-entry strategy and certifies their 

12 involvement; and 

13 ‘‘(3) describes the methodology and outcome 

14 measures that will be used in evaluating the pro15 gram. 

16 ‘‘(e) PRIORITY CONSIDERATION.—The Attorney Gen17 eral shall give priority to grant applications that best—

18 ‘‘(1) focus initiative on geographic areas with a 

19 substantiated high population of ex-offenders; 

20 ‘‘(2) include partnerships with community-based 

21 organizations, including faith-based organizations; 

22 ‘‘(3) provide consultations with crime victims 

23 and former incarcerated prisoners and their families; 

24 ‘‘(4) review the process by which the State ad25 judicates violations of parole or supervised release 
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1 and consider reforms to maximize the use of grad2 uated, community-based sanctions for minor and 

3 technical violations of parole or supervised release; 

4 ‘‘(5) establish pre-release planning procedures 

5 for prisoners to ensure that a prisoner’s eligibility 

6 for Federal or State benefits (including Medicaid, 

7 Medicare, Social Security, and Veterans benefits) 

8 upon release is established prior to release, subject 

9 to any limitations in law, and to ensure that pris10 oners are provided with referrals to appropriate so11 cial and health services or are linked to appropriate 

12 community-based organizations; and 

13 ‘‘(6) target high-risk offenders for re-entry pro14 grams through validated assessment tools. 

15 ‘‘(f) CONDITION OF FUNDING.—As a condition of re16 ceiving a grant under this section, a State must agree to—

17 ‘‘(1) establish a process to identify and review 

18 existing State laws, regulations, and rules that im19 pose restrictions or occupational disqualifications on 

20 people with criminal convictions and to consider 

21 modifications of such laws, regulations, and rules to 

22 ensure that each such restriction or disqualification 

23 bears a substantial relationship to the nature of the 

24 conduct that resulted in the criminal conviction; 
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1 ‘‘(2) afford members of the public an oppor2 tunity to participate in the process described in the 

3 preceding paragraph; 

4 ‘‘(3) establish a meaningful and accessible proc5 ess to enable people with criminal convictions to re6 gain their civil rights and privileges if they have led 

7 a law-abiding life following release from prison; 

8 ‘‘(4) review the process by which the State ad9 judicates violations of parole or supervised release 

10 and consider reforms to maximize the use of grad11 uated, community-based sanctions for minor and 

12 technical violations of parole or supervised release; 

13 ‘‘(5) review the State’s correctional policies and 

14 expenditures to maximize the use of community15 based corrections for non-violent offenders; 

16 ‘‘(6) establish pre-release planning procedures 

17 for State prisoners to ensure that a prisoner’s eligi18 bility for Federal or State benefits (including Med19 icaid, Medicare, Social Security, and Veterans bene20 fits) upon release is established prior to release, sub21 ject to any limitations in law; and 

22 ‘‘(7) maintain existing State funding for pris23 oner re-entry activities. 

24 ‘‘(g) USES OF GRANT FUNDS.—
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1 ‘‘(1) FEDERAL SHARE.—The Federal share of a 

2 grant received under this section may not exceed 75 

3 percent of the project funded under the grant, unless 

4 the Attorney General—

5 ‘‘(A) waives, in whole or in part, the re6 quirement of this paragraph; and 

7 ‘‘(B) publicly delineates the rationale for 

8 the waiver. 

9 ‘‘(2) SUPPLEMENT NOT SUPPLANT.—Federal 

10 funds received under this section shall be used to 

11 supplement, not supplant, non-Federal funds that 

12 would otherwise be available for the activities funded 

13 under this section. 

14 ‘‘(h) REENTRY STRATEGIC PLAN.—

15 ‘‘(1) As a condition of receiving financial assist16 ance under this section, each applicant shall develop 

17 a comprehensive strategic re-entry plan that con18 tains measurable annual and 5- to 10-year perform19 ance outcomes. The plan shall have as a goal to re20 duce significantly the rate of recidivism of formerly 

21 incarcerated persons within the State over a period 

22 of 5 years. 

23 ‘‘(2) In developing re-entry plans under this 

24 subsection, applicants shall coordinate with commu25 nities and stakeholders, including experts in the 
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1 fields of public safety, corrections, housing, health, 

2 education, employment, and members of community 

3 and faith-based organizations that provide re-entry 

4 services. 

5 ‘‘(3) Each re-entry plan developed under this 

6 subsection shall measure the applicant’s progress to7 ward increasing public safety by reducing rates of 

8 recidivism and enabling released offenders to transi9 tion successfully back into their communities. 

10 ‘‘(i) REENTRY TASK FORCE.—As a condition of re11 ceiving financial assistance under this section, each State 

12 or local government receiving a grant shall establish a Re13 entry Task Force or other relevant convening authority 

14 to examine ways to pool existing resources and funding 

15 streams to promote lower recidivism rates for returning 

16 prisoners and to minimize the harmful effects of incarcer17 ation on families and communities by collecting data and 

18 best practices in offender re-entry from demonstration 

19 grantees and other agencies and organizations. The task 

20 force or other authority shall be comprised of relevant 

21 State or local leaders, agencies, service providers, commu22 nity-based organizations, or stakeholders. 

23 ‘‘(j) STRATEGIC PERFORMANCE OUTCOMES.—
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1 ‘‘(1) Each applicant shall identify specific per2 formance outcomes related to the long-term goals of 

3 increasing public safety and reducing recidivism. 

4 ‘‘(2) The performance outcomes identified 

5 under paragraph (1) shall include, with respect to 

6 offenders released back into the community—

7 ‘‘(A) recommitment rates; 

8 ‘‘(B) reduction in crime; 

9 ‘‘(C) employment and education; 

10 ‘‘(D) violations of conditions of supervised 

11 release; 

12 ‘‘(E) child support; 

13 ‘‘(F) housing; 

14 ‘‘(G) drug and alcohol abuse; and 

15 ‘‘(H) participation in mental health serv16 ices. 

17 ‘‘(3) States may also report on other activities 

18 that increase the success rates of offenders who 

19 transition from prison, such as programs that foster 

20 effective risk management and treatment program21 ming, offender accountability, and community and 

22 victim participation. 

23 ‘‘(4) Applicants should coordinate with commu24 nities and stakeholders about the selection of per25 formance outcomes identified by the applicants and 
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1 with the Department of Justice for assistance with 

2 data collection and measurement activities. 

3 ‘‘(5) Each grantee shall submit an annual re4 port to the Department of Justice that—

5 ‘‘(A) identifies the grantee’s progress to6 ward achieving its strategic performance out7 comes; and 

8 ‘‘(B) describes other activities conducted 

9 by the grantee to increase the success rates of 

10 the re-entry population. 

11 ‘‘(k) PERFORMANCE MEASUREMENT.—

12 ‘‘(1) The Department of Justice shall, in con13 sultation with the States—

14 ‘‘(A) identify primary and secondary 

15 sources of information to support the measure16 ment of the performance indicators identified 

17 under this section; 

18 ‘‘(B) identify sources and methods of data 

19 collection in support of performance measure20 ment required under this section; 

21 ‘‘(C) provide to all grantees technical as22 sistance and training on performance measures 

23 and data collection for purposes of this section; 

24 and 
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1 ‘‘(D) coordinate with the Substance Abuse 

2 and Mental Health Services Administration on 

3 strategic performance outcome measures and 

4 data collection for purposes of this section relat5 ing to substance abuse and mental health. 

6 ‘‘(2) The Department of Justice shall coordi7 nate with other Federal agencies to identify national 

8 sources of information to support State performance 

9 measurement. 

10 ‘‘(l) FUTURE ELIGIBILITY.—To be eligible to receive 

11 a grant under this section for fiscal years after the first 

12 receipt of such a grant, a State shall submit to the Attor13 ney General such information as is necessary to dem14 onstrate that, with respect to the comprehensive strategic 

15 re-entry plan developed by the State pursuant to sub16 section (h)—

17 ‘‘(1) the public has been afforded an oppor18 tunity to provide input in the development of the 

19 plan; 

20 ‘‘(2) the plan includes performance measures to 

21 assess the State’s progress toward increasing public 

22 safety by reducing rates of recidivism and enabling 

23 released offenders to transition successfully into 

24 their communities; and 
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1 ‘‘(3) the State will coordinate with communities 

2 and stakeholders about the selection and implemen3 tation of performance outcome measures and with 

4 the Department of Justice for assistance with data 

5 collection and measurement activities. 

6 ‘‘(m) NATIONAL ADULT AND JUVENILE OFFENDER

7 REENTRY RESOURCE CENTER.—

8 ‘‘(1) The Attorney General may, using amounts 

9 made available to carry out this subsection, make a 

10 grant to an eligible organization to provide for the 

11 establishment of a National Adult and Juvenile Of12 fender Reentry Resource Center. 

13 ‘‘(2) An organization eligible for the grant 

14 under paragraph (1) is any national nonprofit orga15 nization approved by the Federal task force estab16 lished under the Second Chance Act of 2004 that 

17 represents, provides technical assistance and train18 ing to, and has special expertise and broad, national19 level experience in offender re-entry programs, train20 ing, and research. 

21 ‘‘(3) The organization receiving the grant shall 

22 establish a National Adult and Juvenile Offender 

23 Reentry Resource Center to—

24 ‘‘(A) provide education, training, and tech25 nical assistance for States, local governments, 
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1 service providers, faith based organizations, and 

2 corrections institutions; 

3 ‘‘(B) collect data and best practices in of4 fender re-entry from demonstration grantees 

5 and others agencies and organizations; 

6 ‘‘(C) develop and disseminate evaluation 

7 tools, mechanisms, and measures to better as8 sess and document coalition performance meas9 ures and outcomes; 

10 ‘‘(D) disseminate knowledge to States and 

11 other relevant entities about best practices, pol12 icy standards, and research findings; 

13 ‘‘(E) develop and implement procedures to 

14 assist relevant authorities in determining when 

15 release is appropriate and in the use of data to 

16 inform the release decision; 

17 ‘‘(F) develop and implement procedures to 

18 identify efficiently and effectively those violators 

19 of probation or parole who should be returned 

20 to prison and those who should receive other 

21 penalties based on defined, graduated sanctions; 

22 ‘‘(G) collaborate with the Federal task 

23 force established under the Second Chance Act 

24 of 2004 and the Federal Resource Center for 

25 Children of Prisoners; 
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1 ‘‘(H) develop a national research agenda; 

2 and 

3 ‘‘(I) bridge the gap between research and 

4 practice by translating knowledge from research 

5 into practical information. 

6 ‘‘(4) Of amounts made available to carry out 

7 this section, not more than 4 percent shall be avail8 able to carry out this subsection. 

9 ‘‘(n) ADMINISTRATION.—Of amounts made available 

10 to carry out this section, not more than 2 percent shall 

11 be available for administrative expenses in carrying out 

12 this section.’’. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—Such 

14 section is further amended in paragraph (1) of subsection 

15 (o) (as redesignated by subsection (c)) by striking ‘‘and 

16 $16,000,000 for fiscal year 2005’’ and inserting ‘‘and 

17 $75,000,000 for each of fiscal years 2005 through 2008’’. 

18 SEC. 102. IMPROVED RE-ENTRY PROCEDURES FOR FED19 ERAL PRISONERS. 

20 (a) GENERAL RE-ENTRY PROCEDURES.—The Attor21 ney General shall take such steps as are necessary to mod22 ify existing procedures and policies to enhance case plan23 ning and to improve the transition of persons from the 

24 custody of the Bureau of Prisons to the community, in-
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•HR 5075 IH 

1 cluding placement of such individuals in community cor2 rections facilities. 

3 (b) PROCEDURES REGARDING BENEFITS.—The Di4 rector of the Bureau of Prisons shall establish pre-release 

5 planning procedures for Federal prisoners to ensure that 

6 a prisoner’s eligibility for Federal or State benefits (in7 cluding Medicaid, Medicare, Social Security, and Veterans 

8 benefits) upon release is established prior to release, sub9 ject to any limitations in law. 

10 (c) PROCEDURES REGARDING CHILDREN OF INCAR11 CERATED PARENTS.—The Director of the Bureau of Pris12 oners shall—

13 (1) collect information regarding the dependent 

14 children of an incarcerated person as part of stand15 ard intake procedures, including the number, age, 

16 and residence of such children; 

17 (2) review all policies, practices, and facilities to 

18 ensure that they support the relationship between 

19 parent and child; and 

20 (3) identify the training needs of staff with re21 spect to the effect of incarceration on children, fami22 lies, and communities, age-appropriate interactions, 

23 and community resources for the families of incar24 cerated persons. 
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1 SEC. 103. TASK FORCE ON FEDERAL PROGRAMS AND AC2 TIVITIES RELATING TO REENTRY OF OF3 FENDERS. 

4 (a) TASK FORCE ESTABLISHED.—There is estab5 lished in the executive branch an interagency task force 

6 on Federal programs and activities related to the re-entry 

7 of former prisoners into the community. The Attorney 

8 General shall chair the task force, whose members shall 

9 consist of the Secretary of Labor, the Secretary of Health 

10 and Human Services, the Secretary of Housing and Urban 

11 Development, and the heads of such other government de12 partments or agencies as the Attorney General deems ap13 propriate. 

14 (b) DUTIES.—The task force required by subsection 

15 (a) shall—

16 (1) identify such programs and activities that 

17 may be resulting in overlapping or duplication of 

18 services, the scope of such overlapping or duplica19 tion, and the relationship of such overlapping and 

20 duplication to public safety, public health, and effec21 tiveness and efficiency; 

22 (2) identify methods to improve collaboration 

23 and coordination of such programs and activities; 

24 (3) identify areas of responsibility in which im25 proved collaboration and coordination of such pro-
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1 grams and activities would result in increased effec2 tiveness or efficiency; 

3 (4) develop innovative interagency or intergov4 ernmental programs, activities, or procedures that 

5 would improve outcomes of reentering offenders and 

6 children of offenders; 

7 (5) develop methods for increasing regular com8 munication that would increase interagency program 

9 effectiveness; 

10 (6) identify areas of research that can be co11 ordinated across agencies with an emphasis on ap12 plying science-based practices to support, treatment, 

13 and intervention programs for reentering offenders; 

14 (7) identify funding areas that should be co15 ordinated across agencies and any gaps in funding; 

16 and 

17 (8) identify successful programs currently oper18 ating and collect best practices in offender re-entry 

19 from demonstration grantees and other agencies and 

20 organizations, determine the extent to which such 

21 programs and practices can be replicated, and make 

22 information on such programs and practices avail23 able to States, localities, community-based organiza24 tions, and others. 
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1 (c) REPORT.—Not later than 1 year after the date 

2 of the enactment of this Act, the task force established 

3 by subsection (a) shall submit to Congress a report on 

4 legal barriers to successful prisoner re-entry. The task 

5 force shall provide for public input in preparing the report. 

6 The report shall identify all such barriers in Federal law 

7 and those that are common features of State law, analyze 

8 the effect of such barriers on prisoners and their families, 

9 and propose modifications to Federal law to ensure that 

10 such barriers are narrowly tailored and do not unneces11 sarily hinder successful prisoner re-entry. Among the 

12 issues the report shall address are the following: 

13 (1) Policies related to the admission and evic14 tion of former prisoners and their families in public 

15 housing programs. 

16 (2) Eligibility criteria for Federal benefit pro17 grams (including Medicaid, Medicare, Social Secu18 rity, and Veterans benefits) that limit the ability of 

19 former prisoners to obtain eligibility immediately 

20 upon release from prison. 

21 (3) Eligibility for welfare benefits. 

22 (4) The consideration of parental incarceration 

23 in terminating parental rights under the Adoption 

24 and Safe Families Act of 1997. 
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1 (5) The ineligibility of prisoners for education 

2 loans. 

3 (6) Felon disenfranchisement laws. 

4 (7) Federal statutory protections against em5 ployment discrimination based on criminal record. 

6 (d) ANNUAL REPORTS.—On an annual basis, the 

7 task force required by subsection (a) shall submit to Con8 gress a report on the activities of the task force, including 

9 specific recommendations of the task force on matters re10 ferred to in subsection (b). 

11 SEC. 104. OFFENDER RE-ENTRY RESEARCH. 

12 (a) NATIONAL INSTITUTE OF JUSTICE.—From 

13 amounts made available to carry out this Act, the National 

14 Institute of Justice shall conduct research on offender re15 entry, including—

16 (1) a study identifying the number and charac17 teristics of children who have had a parent incarcer18 ated and the likelihood of these minors becoming in19 volved in the criminal justice system some time in 

20 their lifetime; 

21 (2) a study identifying a mechanism to compare 

22 rates of recidivism (including re-arrest, violations of 

23 parole and probation, and re-incarceration) among 

24 States; and 
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•HR 5075 IH 

1 (3) a study on the population of individuals re2 leased from custody who do not engage in recidivism 

3 and the characteristics (housing, employment, treat4 ment, family connection) of that population. 

5 (b) BUREAU OF JUSTICE STATISTICS.—From 

6 amounts made available to carry out this Act, the Bureau 

7 of Justice Statistics may conduct research on offender re8 entry, including—

9 (1) an analysis of special populations, including 

10 prisoners with mental illness or substance abuse dis11 orders, female offenders, juvenile offenders, and the 

12 elderly, that present unique re-entry challenges; 

13 (2) studies to determine who is returning to 

14 prison or jail and which of those returning prisoners 

15 represent the greatest risk to community safety; 

16 (3) annual reports on the profile of the popu17 lation coming out of prisons, jails, and juvenile jus18 tice facilities; 

19 (4) a national recidivism study every three 

20 years; and 

21 (5) a study of parole violations and revocations. 
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•HR 5075 IH 

1 SEC. 105. USE OF VIOLENT OFFENDER TRUTH-IN-SEN2 TENCING GRANT FUNDING FOR DEMONSTRA3 TION PROJECT ACTIVITIES. 

4 Section 20102(a) of the Violent Crime Control and 

5 Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is 

6 amended—

7 (1) in paragraph (2) by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (3) by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) to carry out any activity referred to in sec14 tion 2976(b) of the Omnibus Crime Control and 

15 Safe Streets Act of 1968 (42 U.S.C. 3797w(b)).’’. 

16 SEC. 106. STATE AND LOCAL REENTRY COURTS. 

17 (a) IN GENERAL.—Part FF of title I of the Omnibus 

18 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

19 3797w et seq.) is amended by inserting at the end the 

20 following: 

21 ‘‘SEC. 2979. STATE AND LOCAL REENTRY COURTS. 

22 ‘‘(a) GRANTS AUTHORIZED.—The Attorney General 

23 shall award grants of not more than $500,000 to—

24 ‘‘(1) State and local courts; or 

25 ‘‘(2) State agencies, municipalities, public agen26 cies, nonprofit organizations, and tribes that have 
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•HR 5075 IH 

1 agreements with courts to take the lead in estab2 lishing a re-entry court. 

3 ‘‘(b) USE OF FUNDS.—Grant funds awarded under 

4 this section shall be administered in accordance with the 

5 guidelines, regulations, and procedures promulgated by 

6 the Attorney General, and may be used to—

7 ‘‘(1) monitor offenders returning to the commu8 nity; 

9 ‘‘(2) provide returning offenders with—

10 ‘‘(A) drug and alcohol testing and treat11 ment; and 

12 ‘‘(B) mental and medical health assess13 ment and services; 

14 ‘‘(3) convene community impact panels, victim 

15 impact panels, or victim impact educational classes; 

16 ‘‘(4) provide and coordinate the delivery of 

17 other community services to offenders, including—

18 ‘‘(A) housing assistance; 

19 ‘‘(B) education; 

20 ‘‘(C) employment training; 

21 ‘‘(D) conflict resolution skills training; 

22 ‘‘(E) batterer intervention programs; and 

23 ‘‘(F) other appropriate social services; and 

24 ‘‘(5) establish and implement graduated sanc25 tions and incentives. 
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•HR 5075 IH 

1 ‘‘(c) APPLICATION.—Each eligible entity desiring a 

2 grant under this section shall, in addition to any other 

3 requirements required by the Attorney General, submit an 

4 application to the Attorney General that—

5 ‘‘(1) describes a long-term strategy and detailed 

6 implementation plan, including how the entity plans 

7 to pay for the program after the Federal funding 

8 ends; 

9 ‘‘(2) identifies the governmental and community 

10 agencies that will be coordinated by this project; 

11 ‘‘(3) certifies that—

12 ‘‘(A) there has been appropriate consulta13 tion with all affected agencies, including exist14 ing community corrections and parole entities; 

15 and 

16 ‘‘(B) there will be appropriate coordination 

17 with all affected agencies in the implementation 

18 of the program; and 

19 ‘‘(4) describes the methodology and outcome 

20 measures that will be used in evaluation of the pro21 gram. 

22 ‘‘(d) MATCHING REQUIREMENT.—The Federal share 

23 of a grant received under this section may not exceed 75 

24 percent of the costs of the project funded under this sec25 tion unless the Attorney General—
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1 ‘‘(1) waives, wholly or in part, this matching re2 quirement; and 

3 ‘‘(2) publicly delineates the rationale for the 

4 waiver. 

5 ‘‘(e) ANNUAL REPORT.—Each grantee under this 

6 section shall submit to the Attorney General, for each fis7 cal year in which funds from a grant received under this 

8 part is expended, a report, at such time and in such man9 ner as the Attorney General may reasonably require, that 

10 contains—

11 ‘‘(1) a summary of the activities carried out 

12 under the grant; 

13 ‘‘(2) an assessment of whether the activities 

14 summarized under paragraph (1) are meeting the 

15 needs identified in the application submitted under 

16 subsection (c); and 

17 ‘‘(3) such other information as the Attorney 

18 General may require. 

19 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

20 ‘‘(1) IN GENERAL.—There are authorized to be 

21 appropriated $10,000,000 for each of the fiscal 

22 years 2005 through 2008 to carry out this section. 

23 ‘‘(2) LIMITATIONS.—Of the amount made avail24 able to carry out this section in any fiscal year—
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•HR 5075 IH 

1 ‘‘(A) not more than 2 percent may be used 

2 by the Attorney General for salaries and admin3 istrative expenses; and 

4 ‘‘(B) not more than 5 percent nor less 

5 than 2 percent may be used for technical assist6 ance and training.’’. 

7 SEC. 107. FEDERAL ENHANCED IN-PRISON VOCATIONAL AS8 SESSMENT AND TRAINING DEMONSTRATION 

9 PROJECT. 

10 (a) ESTABLISHMENT.—

11 (1) IN GENERAL.—The Attorney General shall 

12 establish the Federal Enhanced In-Prison Vocational 

13 Assessment and Training Demonstration Project in 

14 selected institutions. 

15 (2) OBJECTIVES.—The project established pur16 suant to paragraph (1) shall provide—

17 (A) in-prison assessments of the vocational 

18 needs and aptitudes of prisoners; 

19 (B) enhanced work skills development; 

20 (C) enhanced release readiness program21 ming; and 

22 (D) other components, as appropriate, to 

23 prepare Federal prisoners for release and re24 entry into the community. 

25 (b) PROJECT DURATION.—
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•HR 5075 IH 

1 (1) IN GENERAL.—The project under this sec2 tion shall begin not later than 6 months after funds 

3 are made available to carry out this section, and 

4 shall continue for 3 years. 

5 (2) EXTENSION.—The Attorney General may 

6 extend the project for a period of not more than 6 

7 months to enable participating prisoners to complete 

8 their involvement in the project. 

9 (c) REPORTS.—

10 (1) PROGRESS REPORT.—Not later than 2 

11 years after the date of enactment of this Act, the 

12 Attorney General shall submit a report, which de13 scribes the progress of the demonstration project es14 tablished pursuant to subsection (a), to the Com15 mittee on the Judiciary of the Senate and the Com16 mittee on the Judiciary of the House of Representa17 tives. 

18 (2) FINAL REPORT.—Not later than 1 year 

19 after the end of the demonstration project estab20 lished pursuant to subsection (a), the Director of the 

21 Federal Bureau of Prisons shall submit a report, 

22 which describes the effectiveness of such project on 

23 post-release outcomes, including employment rates 

24 and re-arrest rates, for participants for a period of 

25 3 years following release from custody, to the Com-
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•HR 5075 IH 

1 mittee on the Judiciary of the Senate and the Com2 mittee on the Judiciary of the House of Representa3 tives. 

4 TITLE II—REMOVING BARRIERS 

5 TO RE-ENTRY 

6 SEC. 201. RIGHT TO VOTE IN FEDERAL ELECTIONS FOR 

7 NONINCARCERATED EX-OFFENDERS. 

8 (a) RIGHT TO VOTE.—The right of an individual who 

9 is a citizen of the United States to vote in any election 

10 for Federal office shall not be denied or abridged because 

11 that individual has been convicted of a criminal offense 

12 unless such individual is serving a felony sentence in a 

13 correctional institution or facility at the time of the elec14 tion. 

15 (b) ENFORCEMENT.—

16 (1) ATTORNEY GENERAL.—The Attorney Gen17 eral may, in a civil action, obtain such declaratory 

18 or injunctive relief as is necessary to remedy a viola19 tion of this section. 

20 (2) PRIVATE RIGHT OF ACTION.—

21 (A) A person who is aggrieved by a viola22 tion of this section may provide written notice 

23 of the violation to the chief election official of 

24 the State involved. 
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1 (B) Except as provided in subparagraph 

2 (C), if the violation is not corrected within 90 

3 days after receipt of a notice under subpara4 graph (A), or within 20 days after receipt of 

5 the notice if the violation occurred within 120 

6 days before the date of an election for Federal 

7 office, the aggrieved person may, in a civil ac8 tion obtain declaratory or injunctive relief with 

9 respect to the violation. 

10 (C) If the violation occurred within 30 

11 days before the date of an election for Federal 

12 office, the aggrieved person need not provide 

13 notice to the chief election official of the State 

14 under subparagraph (A) before bringing a civil 

15 action to obtain declaratory or injunctive relief 

16 with respect to the violation. 

17 (c) DEFINITIONS.—For purposes of this section—

18 (1) the term ‘‘correctional institution or facil19 ity’’ means any prison, penitentiary, jail, or other in20 stitution or facility for the confinement of individ21 uals convicted of criminal offenses, whether publicly 

22 or privately operated, except that such term does not 

23 include any residential community treatment center 

24 (or similar public or private facility); and 
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•HR 5075 IH 

1 (2) the terms ‘‘election’’ and ‘‘Federal office’’ 

2 have the meaning given such terms in section 301 

3 of the Federal Election Campaign Act of 1971 (2 

4 U.S.C. 431). 

5 (d) RELATION TO OTHER LAWS.—

6 (1) Nothing in this section shall be construed to 

7 prohibit the States from enacting any State law 

8 which affords the right to vote in any election for 

9 Federal office on terms less restrictive than those es10 tablished by this section. 

11 (2) The rights and remedies established by this 

12 section are in addition to all other rights and rem13 edies provided by law, and neither rights and rem14 edies established by this section shall supersede, re15 strict, or limit the application of the Voting Rights 

16 Act of 1965 (42 U.S.C. 1973 et seq.) or the Na17 tional Voter Registration Act (42 U.S.C. 1973–gg). 

18 SEC. 202. PROHIBITION ON UNWARRANTED EMPLOYMENT 

19 DISCRIMINATION. 

20 Section 703(k) of the Civil Rights Act of 1965 (42 

21 U.S.C. 2000e–2(k)) is amended—

22 (1) by redesignating paragraphs (2) and (3) as 

23 paragraphs (3) and (4); and 

24 (2) by inserting after paragraph (1) the fol25 lowing: 
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•HR 5075 IH 

1 ‘‘(2)(A) Notwithstanding paragraph (1), an unlawful 

2 employment practice based on disparate impact is estab3 lished under this title if—

4 ‘‘(i) a complaining party demonstrates that a 

5 respondent uses a particular employment practice 

6 that—

7 ‘‘(I) excludes individuals from employment 

8 on the basis of their conviction records; and 

9 ‘‘(II) causes a disparate impact on the 

10 basis of race, color, religion, sex, or national or11 igin; and 

12 ‘‘(ii) the respondent fails to demonstrate that 

13 the challenged practice is consistent with business 

14 necessity. 

15 ‘‘(B) With respect to demonstrating that a challenged 

16 practice is consistent with business necessity as described 

17 in subparagraph (A)(ii), the respondent shall demonstrate 

18 that the respondent considered—

19 ‘‘(i) the nature and gravity of the offense for 

20 which the conviction occurred; 

21 ‘‘(ii) the period of time that has elapsed since 

22 the conviction or the completion of the sentence in23 volved; and 

24 ‘‘(iii) the nature of the employment position 

25 held or sought.’’. 
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•HR 5075 IH 

1 SEC. 203. INCREASE IN FEDERAL WORK OPPORTUNITY TAX 

2 CREDIT. 

3 Section 51(b)(3) of title 26, United States Code, is 

4 amended in the heading and in the text by striking 

5 ‘‘$6,000’’ and inserting ‘‘$20,000’’. 

6 SEC. 204. REFORM OF STUDENT FINANCIAL ASSISTANCE. 

7 (a) SUSPENSION OF STUDENT LOAN ELIGIBILITY

8 FOR DRUG-RELATED OFFENSE ONLY IF OFFENSE COM9 MITTED DURING PERIOD OF ENROLLMENT.—Section 

10 484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 

11 1091(r)(1)) is amended by striking ‘‘A student’’ and all 

12 that follows through ‘‘table:’’ and inserting the following: 

13 ‘‘A student who is convicted of any offense under any Fed14 eral or State law involving the possession or sale of a con15 trolled substance for conduct that occurred during a pe16 riod of enrollment for which the student was receiving any 

17 grant, loan, or work assistance under this title shall not 

18 be eligible to receive any grant, loan, or work assistance 

19 under this title from the date of that conviction for the 

20 period of time specified in the following table:’’. 

21 (b) PELL GRANTS FOR INCARCERATED INDIVID22 UALS.—Section 401(b)(8) of the Higher Education Act of 

23 1965 (20 U.S.C. 1070a(b)(8)) is amended to read as fol24 lows: 

25 ‘‘(8) INCARCERATED INDIVIDUALS.— 
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1 ‘‘(A) IN GENERAL.—Except as provided in sub2 paragraph (B), no Federal Pell Grant shall be 

3 awarded under this subpart to any individual who is 

4 incarcerated in any Federal or State penal institu5 tion. 

6 ‘‘(B) ELIGIBILITY FOR PELL GRANT.—

7 ‘‘(i) IN GENERAL.—Notwithstanding sub8 paragraph (A), an individual who is incarcer9 ated in a Federal or State penal institution 

10 shall be eligible to receive a Federal Pell Grant 

11 under this subpart if such individual—

12 ‘‘(I) is eligible to be considered for re13 lease from the penal institution into the 

14 general community not later than 9 years 

15 after the date of application for such 

16 Grant; and 

17 ‘‘(II) notwithstanding paragraph 

18 (2)(B), is enrolled on at least a half-time 

19 basis in a degree program. 

20 ‘‘(ii) LIMITATIONS ON ELIGIBILITY.—No 

21 Federal Pell Grant shall be awarded to an in22 carcerated individual pursuant to clause (i)—

23 ‘‘(I) that exceeds—

24 ‘‘(aa) the sum of the amount of 

25 tuition and fees normally assessed for 
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•HR 5075 IH 

1 the course of study by the institution 

2 of higher education offering classes to 

3 the individual for the course of study 

4 such individual is pursuing, plus an 

5 allowance for books associated with 

6 such course of study; or 

7 ‘‘(bb) the Federal Pell Grant 

8 level specified in the relevant appro9 priations Act for this subpart in any 

10 fiscal year; 

11 ‘‘(II) who is incarcerated in a State 

12 penal institution if the State in which such 

13 penal institution is located reduces its level 

14 of postsecondary assistance provided from 

15 State sources to incarcerated individuals 

16 after the date of enactment of the Offender 

17 Reentry and Community Safety Act of 

18 2004; and 

19 ‘‘(III) for use at an institution of 

20 higher education in which the percentage 

21 of full-time equivalent students at such in22 stitution who are incarcerated exceeds 10 

23 percent of such institution’s student body. 

24 ‘‘(iii) SPECIAL RULE.—Funds transmitted 

25 pursuant to this subparagraph shall be trans-
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1 ferred directly to the institution of higher edu2 cation in which the incarcerated individual is 

3 enrolled for payment of expenses provided 

4 under clause (ii)(I)(aa). Such institution shall 

5 not transmit such funds directly or indirectly to 

6 such individual.’’. 

7 SEC. 205. REFORM OF ‘‘ONE STRIKE’’ MANDATORY EVIC8 TION. 

9 (a) UNITED STATES HOUSING ACT OF 1937.—Sec10 tion 6(k) of the United States Housing Act of 1937 (42 

11 U.S.C. 1437d(k)) is amended—

12 (1) by striking ‘‘(k) The Secretary shall’’ and 

13 inserting the following: 

14 ‘‘(k) REVIEW OF EVICTION AND DENIALS OF TEN15 ANCY.—

16 ‘‘(1) IN GENERAL.—Subject to paragraph (3), 

17 the Secretary shall’’; 

18 (2) by redesignating paragraphs (1) through 

19 (6) as subparagraphs (A) through (F) and indenting 

20 accordingly; 

21 (3) by striking ‘‘For any grievance concerning’’ 

22 and inserting the following: 

23 ‘‘(2) EXPEDITED PROCEDURES.—Subject to 

24 paragraph (3), any grievance concerning’’; and 

25 (4) by adding at the end the following: 
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•HR 5075 IH 

1 ‘‘(3) MITIGATING CIRCUMSTANCES AND INNO2 CENT OWNER.—

3 ‘‘(A) MITIGATING CIRCUMSTANCES.—In 

4 determining whether to evict a tenant, termi5 nate a tenancy, or deny an application for ten6 ancy due to a criminal conviction of the person 

7 that is the subject of a grievance, and in any 

8 judicial review of such determination, the public 

9 housing agency or other reviewing body shall 

10 consider all mitigating circumstances and the 

11 impact of the eviction, termination, or denial 

12 upon the family and dependents of that person. 

13 ‘‘(B) INNOCENT TENANTS.—A tenant shall 

14 not be subject to eviction, denied a tenancy, or 

15 have a tenancy terminated based solely upon 

16 the familial relationship of the tenant to a per17 son who has been convicted of a criminal of18 fense.’’. 

19 (b) QUALITY HOUSING AND WORK RESPONSIBILITY

20 ACT OF 1998.—

21 (1) INELIGIBILITY.—Section 576 of the Quality 

22 Housing and Work Responsibility Act of 1998 (42 

23 U.S.C. 13661) is amended—

24 (A) in subsection (b)—
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1 (i) in paragraph (1), by striking ‘‘any 

2 household with a member’’ and inserting 

3 ‘‘any person’’; and 

4 (ii) in paragraph (2)—

5 (I) by striking ‘‘any household’’ 

6 and inserting ‘‘any person’’; and 

7 (II) by striking ‘‘household mem8 ber’’ each place that term appears and 

9 inserting ‘‘person’’; 

10 (B) in subsection (c)—

11 (i) in the matter preceding paragraph 

12 (1)—

13 (I) by striking ‘‘or any member 

14 of the applicant’s household’’; and 

15 (II) by striking ‘‘applicant house16 hold’’ and inserting ‘‘applicant’’; and 

17 (ii) in paragraph (2)—

18 (I) by striking ‘‘or individual in 

19 the applicant’s household’’; and 

20 (II) by striking ‘‘have not’’ and 

21 inserting ‘‘has not’’; 

22 (C) by redesignating subsection (d) as sub23 section (e); and 

24 (D) by adding at the end the following: 

25 ‘‘(d) REVIEW OF DENIAL OF APPLICATION.—
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1 ‘‘(1) REVIEW OF DENIAL.—The denial of an ap2 plication under this section shall be subject to review 

3 in accordance with the provisions of section 6(k) of 

4 the United States Housing Act of 1937 (42 U.S.C. 

5 1437d(k)). 

6 ‘‘(2) INNOCENT APPLICANTS.—Nothing in this 

7 section shall allow for the denial of an application 

8 based solely on the familial relationship of an appli9 cant to a person who has a criminal conviction or is 

10 otherwise in violation of this section.’’. 

11 (2) TERMINATION OF TENANCY AND ASSIST12 ANCE FOR ILLEGAL DRUG USERS AND ALCOHOL

13 ABUSERS IN FEDERALLY ASSISTED HOUSING.—Sec14 tion 577 of the Quality Housing and Work Respon15 sibility Act of 1998 (42 U.S.C. 13662) is amend16 ed—

17 (A) in subsection (a), by striking ‘‘house18 hold with a member’’ and inserting ‘‘person’’; 

19 (B) in subsection (b)—

20 (i) by striking ‘‘household based’’ and 

21 inserting ‘‘person based’’; 

22 (ii) by striking ‘‘by a household mem23 ber’’ and inserting ‘‘by that person’’; and 

24 (iii) by striking ‘‘such household mem25 ber’’ and inserting ‘‘such person’’; and 
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•HR 5075 IH 

1 (C) by adding at the end the following: 

2 ‘‘(c) REVIEW OF TERMINATION OF TENANCY.—The 

3 decision to terminate the tenancy or assistance of any per4 son shall be subject to review in accordance with the provi5 sions of section 6(k) of the United States Housing Act 

6 of 1937 (42 U.S.C. 1437d(k)). 

7 ‘‘(d) INNOCENT TENANTS.—Nothing in this section 

8 shall allow for the termination of a tenancy or assistance 

9 to any person based solely on the familial relationship of 

10 the tenant to a person who is in violation of this section.’’. 

11 (c) REQUIREMENT OF INTENT OR KNOWLEDGE OF

12 CRIME BEFORE EVICTION FROM OR DENIAL OF PUBLIC

13 AND PUBLICLY ASSISTED HOUSING.—Sections 6(l)(6) (42 

14 U.S.C. 1437d(l)(6)), 8(d)(1)(B)(iii) 42 U.S.C. 

15 1437f(d)(1)(B)(iii)), and 8(o)(7)(D) (42 U.S.C. 

16 1437f(o)(7)(D)) of the United States Housing Act of 1937 

17 are each amended by inserting before the semicolon at the 

18 end the following: ‘‘; except that such criminal or drug19 related activity, engaged in by a member of a tenant’s 

20 household or any guest or other person under the tenant’s 

21 control, shall not be cause for termination of tenancy of 

22 the tenant if the tenant did not know and should not have 

23 known of the activity, or if the tenant, member of the ten24 ant’s household, or any guest or other person under the 

25 tenant’s control was the victim of criminal activity’’. 
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1 SEC. 206. AMENDMENT TO THE ADULT EDUCATION AND 

2 FAMILY LITERACY ACT TO REMOVE RESTRIC3 TION ON AMOUNT OF FUNDS AVAILABLE FOR 

4 CORRECTIONS EDUCATION PROGRAMS. 

5 Section 222(a) of the Adult Education and Family 

6 Literacy Act (20 U.S.C. 9222(a)(1)) is amended by strik7 ing ‘‘, of which not more than 10 percent’’ and inserting 

8 ‘‘, of which not less than 10 percent’’. 

9 SEC. 207. CLARIFICATION OF AUTHORITY TO PLACE PRIS10 ONER IN COMMUNITY CORRECTIONS. 

11 (a) PLACE OF IMPRISONMENT.—Section 3621 of title 

12 18, United States Code, is amended by inserting after ‘‘or 

13 correctional facility’’ the following: ‘‘, including a commu14 nity corrections facility,’’. 

15 (b) PRE-RELEASE CUSTODY.—Section 3624(c) of 

16 title 18, United States Code, is amended by striking all 

17 after the subsection heading and inserting the following: 

18 ‘‘The Bureau of Prisons shall, to the extent practicable, 

19 ensure that a prisoner serving a term of imprisonment 

20 spends a reasonable part of the final portion of that term 

21 under conditions that will afford the prisoner a reasonable 

22 opportunity to adjust to and prepare for the prisoner’s re23 entry into the community. In addition, this subsection au24 thorizes the Bureau of Prisons to place a prisoner in home 

25 confinement during the last 10 percent of the term of im26 prisonment, not to exceed 6 months.’’. 
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1 SEC. 208. DENIAL OF TANF AND FOOD STAMPS FOR FELONY 

2 CONVICTION FOR WELFARE FRAUD. 

3 (a) IN GENERAL.—Section 115(a) of the Personal 

4 Responsibility and Work Opportunity Reconciliation Act 

5 of 1996 (21 U.S.C. 862a(a)) is amended—

6 (1) by amending the header to read as follows: 

7 ‘‘(a) DENIAL OF ASSISTANCE AND BENEFITS FOR

8 WELFARE FRAUD CONVICTIONS.—’’; and 

9 (2) in the matter preceding paragraph (1) by 

10 striking ‘‘the possession, use, or distribution of a 

11 controlled substance (as defined in section 102(6) of 

12 the Controlled Substances Act (21 U.S.C. 802(6)))’’ 

13 and inserting ‘‘fraud in connection with an applica14 tion for, or receipt of, welfare assistance or bene15 fits’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall take effect on December 31, 2004. 

18 SEC. 209. REFORM OF PROVISIONS THAT LIMIT FAMILY RE19 UNIFICATION AFTER PRISON. 

20 (a) CONSIDERATION OF PARENTAL INCARCER21 ATION.—

22 (1) IN GENERAL.—Section 475(5) of the Social 

23 Security Act (42 U.S.C. 675(5)) is amended—

24 (A) in subparagraph (F), by striking 

25 ‘‘and’’ at the end; 
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1 (B) in subparagraph (G), by striking the 

2 period and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(H)(i) the State may extend the time lim5 its otherwise applicable under subparagraph 

6 (E), with respect to filing or joining a petition 

7 to terminate the parental rights of the parents 

8 of a child who has been in foster care under the 

9 responsibility of the State for 15 of the most re10 cent 22 months, if 1 of the parents is incarcer11 ated in a Federal, State, or local correctional 

12 facility; and 

13 ‘‘(ii) the incarceration of 1 of the child’s 

14 parents in a Federal, State, or local correctional 

15 facility is a factor, but not the sole basis, for 

16 making a determination that it would be in the 

17 best interests of the child to terminate parental 

18 rights.’’. 

19 (2) EFFECTIVE DATE.—The amendments made 

20 by paragraph (1) shall take effect on December 31, 

21 2004. 

22 (b) REASONABLE EFFORT TO PRESERVE AND RE23 UNIFY FAMILIES.—
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1 (1) IN GENERAL.—Section 471(a)(15) of title 

2 IV of the Social Security Act (42 U.S.C. 671(a)(15)) 

3 is amended—

4 (A) in subparagraph (B), by striking ‘‘sub5 paragraph (D)’’ and inserting ‘‘subparagraph 

6 (E)’’; 

7 (B) by redesignating subparagraphs (C) 

8 through (F) as subparagraphs (D) through (G), 

9 respectively; 

10 (C) by inserting after subparagraph (B) 

11 the following new subparagraph (C): 

12 ‘‘(C) when applied to parents incarcerated 

13 for crimes unrelated to the abuse of a child, 

14 ‘reasonable efforts’ to preserve and unify fami15 lies includes—

16 ‘‘(i) coordinating visitation between 

17 the child, unless such contact is found by 

18 a court to be contrary to the child’s best 

19 interest, including transporting the child to 

20 visits where other means of transportation 

21 are unavailable; 

22 ‘‘(ii) giving preference to family mem23 bers when placing a child in foster care ab24 sent a finding of unfitness; 
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1 ‘‘(iii) coordinating the receipt of tran2 sitional services upon release from incar3 ceration when return of custody to the par4 ent will be impossible without such serv5 ices; 

6 ‘‘(iv) providing the incarcerated par7 ent with the opportunity to participate in 

8 planning meetings and hearings concerning 

9 the child, unless prohibited by the institu10 tion in which the parent is incarcerated; 

11 and 

12 ‘‘(v) providing a means of communica13 tion, such as acceptance of collect tele14 phone calls, between the incarcerated par15 ent and the agency, and between the incar16 cerated parent and child unless such con17 tact is found by a court to be contrary to 

18 the child’s best interest;’’; and 

19 (D) in subparagraph (F), as so redesig20 nated, by striking ‘‘subparagraph (D)’’ and in21 serting ‘‘subparagraph (E)’’. 

22 (2) CONFORMING AMENDMENT.—Section 

23 475(5)(E)(iii) of title IV of the Social Security Act 

24 (42 U.S.C. 675(5)(E)(iii)) is amended by striking 
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1 ‘‘section 471(a)(15)(B)(ii)’’ and inserting ‘‘subpara2 graphs (B)(ii) and (C) of section 471(a)(15)’’. 

3 (c) PROTECTING THE PARENTAL RIGHTS OF INCAR4 CERATED PARENTS.—Section 475(5)(E) of title IV of the 

5 Social Security Act (42 U.S.C. 675(5)(E)) is amended—

6 (1) by striking ‘‘or’’ at the end of clause (ii); 

7 (2) by inserting ‘‘or’’ at the end of clause (iii); 

8 and 

9 (3) by adding at the end the following new 

10 clause: 

11 ‘‘(iv) the parent has been unable to 

12 retain custody of the child due to an incar13 ceration unrelated to the abuse of a child, 

14 has not evinced an intent to abandon the 

15 child prior to incarceration, and is sen16 tenced to, or will be eligible for parole in, 

17 five years or less;’’. 

18 (d) ELIMINATION OF AGE REQUIREMENT FOR REL19 ATIVE CAREGIVER UNDER NATIONAL FAMILY CAREGIVER

20 SUPPORT PROGRAM.—Section 372 of the National Family 

21 Caregiver Support Act (part E of title III of the Older 

22 Americans Act of 1965; 42 U.S.C. 3030s) is amended in 

23 paragraph (3) by striking ‘‘who is 60 years of age or older 

24 and—’’ and inserting ‘‘who—’’. 
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1 SEC. 210. STATE MEDICAID PLAN REQUIREMENT TO EN2 SURE RESTORATION OF COVERAGE FOR ELI3 GIBLE INDIVIDUALS UPON RELEASE FROM 

4 CONFINEMENT. 

5 (a) IN GENERAL.—Section 1902(a) of the Social Se6 curity Act (42 U.S.C. 1396a(a)), as amended by section 

7 236(b) of the Medicare Prescription Drug, Improvement, 

8 and Modernization Act of 2003 (Public Law 108–173), 

9 is amended—

10 (1) by striking ‘‘and’’ at the end of paragraph 

11 (66); 

12 (2) by striking the period at the end of para13 graph (67) and inserting ‘‘; and’’; and 

14 (3) by inserting after paragraph (67) the fol15 lowing new paragraph: 

16 ‘‘(68) provide for a process whereby an indi17 vidual confined to a jail, prison, penal institution, or 

18 correctional facility, or to any other State or local 

19 institution a purpose of which is to confine individ20 uals as described in section 202(x)(1)(A)(ii), may 

21 obtain and submit an application for medical assist22 ance within such time prior to the termination of the 

23 individual’s period of confinement as will allow, to 

24 the maximum extent possible, for the eligibility of an 

25 individual who would be determined to be eligible for 
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1 medical assistance to be effective upon the termi2 nation of such period of confinement.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall take effect on June 31, 2005. 

5 SEC. 211. REFORM OF SUPERVISED RELEASE. 

6 (a) NO MANDATORY REVOCATION FOR POSSESSION

7 OF CONTROLLED SUBSTANCE.—Subsection (g) of section 

8 3583 of title 18, United States Code, is amended—

9 (1) in the subsection heading, by striking ‘‘Con10 trolled Substance or’’; 

11 (2) by striking paragraph (1); and 

12 (3) by redesignating paragraphs (2) through 

13 (4) as paragraphs (1) through (3), respectively. 

14 (b) TECHNICAL VIOLATIONS.—Section 3583 of title 

15 18, United States Code, is further amended by adding at 

16 the end the following new subsection: 

17 ‘‘(l) TECHNICAL VIOLATIONS OF SUPERVISED RE18 LEASE.—

19 ‘‘(1) IN GENERAL.—Following revocation of su20 pervised release for a technical violation, the court 

21 shall impose a community-based sanction and shall 

22 not impose a term of imprisonment unless it finds 

23 that—
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1 ‘‘(A) the defendant was previously subject 

2 to more than one community-based sanction, 

3 graduated in severity; 

4 ‘‘(B) the defendant thereafter did not 

5 abide by the terms of supervised release; and 

6 ‘‘(C) no additional community-based sanc7 tion is likely to cause the defendant to abide by 

8 the terms of supervised release. 

9 ‘‘(2) INFORMAL PROCESS.—A defendant facing 

10 revocation of supervised release for a technical viola11 tion may temporarily waive the right to formal adju12 dication of the violation and agree to participate in 

13 an informal process under which a probation officer 

14 may impose graduated community-based sanctions 

15 for technical violations. If a defendant abides by the 

16 terms of supervised release for a six-month period 

17 following the commencement of such an informal 

18 process, the petition for revocation of supervised re19 lease shall be dismissed. 

20 ‘‘(3) DEFINITIONS.—In this subsection—

21 ‘‘(A) the term ‘technical violation’ means 

22 conduct that does not constitute a new crime, 

23 except that possession of a controlled substance 

24 shall be treated as a technical violation; and 
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1 ‘‘(B) the term ‘community-based sanction’ 

2 means a sanction other than imprisonment that 

3 permits the defendant to remain in the commu4 nity under continued supervised release, which 

5 may include commitment to a community cor6 rection facility, a requirement that the defend7 ant obtain drug treatment or other social serv8 ice, electronic monitoring, or other form of in9 tensive supervision. 

10 ‘‘(4) SENTENCING COMMISSION.—The United 

11 States Sentencing Commission shall amend its exist12 ing policy statements regarding revocation of super13 vised release so as to be consistent with this sub14 section. 

15 ‘‘(5) PROBATION SERVICE.—The Federal Pro16 bation Service shall publish annually an analysis of 

17 cases involving the revocation of supervised release, 

18 including the number of violations of supervised re19 lease that constitute technical violations, the number 

20 of technical violations that involve possession of a 

21 controlled substance, and the disposition of viola22 tions of supervised release by category.’’. 
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1 SEC. 212. GRANTS TO STUDY PAROLE VIOLATIONS AND 

2 REVOCATIONS. 

3 (a) GRANTS AUTHORIZED.—From amounts made 

4 available to carry out this section, the Attorney General 

5 may award grants to States to study, and to improve the 

6 collection of data with respect to, individuals whose parole 

7 is revoked and which such individuals represent the great8 est risk to community safety. 

9 (b) APPLICATION.—As a condition of receiving a 

10 grant under this section, a State shall—

11 (1) certify that the State has, or intends to es12 tablish, a program that collects comprehensive and 

13 reliable data with respect to individuals described in 

14 subsection (a), including data on—

15 (A) the number and type of parole viola16 tions that occur within the State; 

17 (B) the reasons for parole revocation; 

18 (C) the underlying behavior that led to the 

19 revocation; and 

20 (D) the term of imprisonment or other 

21 penalty that is imposed for the violation; and 

22 (2) provide the data described in paragraph (1) 

23 to the Bureau of Justice Statistics, in a form pre24 scribed by the Bureau. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $1,000,000 for each of fiscal years 2005 and 2006. 

4 SEC. 213. RESIDENTIAL SUBSTANCE ABUSE TREATMENT 

5 PROGRAMS. 

6 (a) IMPROVEMENT OF THE RESIDENTIAL SUB7 STANCE ABUSE TREATMENT FOR STATE PRISONERS PRO8 GRAM.—

9 (1) DEFINITION.—Section 1902 of the Omni10 bus Crime Control and Safe Streets Act of 1968 (42 

11 U.S.C. 3796ff–1) is amended by redesignating sub12 sections (c) through (f) as subsections (d) through 

13 (g), respectively, and by inserting after subsection 

14 (b) the following new subsection: 

15 ‘‘(c) RESIDENTIAL SUBSTANCE ABUSE TREAT16 MENT.—The term ‘residential substance abuse treatment’ 

17 means a course of individual and group activities and 

18 treatment, lasting at least 6 months, in residential treat19 ment facilities set apart from the general prison popu20 lation. This can include the use of pharmacotherapies, 

21 where appropriate, that may extend beyond the 6-month 

22 period.’’. 

23 (2) REQUIREMENT FOR AFTER CARE COMPO24 NENT.—Section 1902 of such Act is further amend-
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1 ed in subsection (d) (as redesignated by subsection 

2 (a)) is amended—

3 (A) in the subsection heading, by striking 

4 ‘‘Eligibility for Preference With After Care 

5 Component’’ and inserting ‘‘Requirement for 

6 After Care Component’’; 

7 (B) by amending paragraph (1) to read as 

8 follows: 

9 ‘‘(1) To be eligible for funding under this part, 

10 a State must ensure that individuals who participate 

11 in the substance abuse treatment program estab12 lished or implemented with assistance provided 

13 under this part will be provided with aftercare serv14 ices.’’; and 

15 (C) by adding at the end the following new 

16 paragraph: 

17 ‘‘(4) Aftercare services required by this sub18 section shall be funded by the funding provided in 

19 this part.’’. 

20 (b) RESIDENTIAL DRUG ABUSE PROGRAM IN FED21 ERAL PRISONS.—Section 3621(e)(5)(A) of title 18, United 

22 States Code, is amended by striking ‘‘means a course of’’ 

23 and all that follows through the semicolon at the end and 

24 inserting the following: ‘‘means a course of individual and 

25 group activities and treatment, lasting at least 6 months, 
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1 in residential treatment facilities set apart from the gen2 eral prison population, which may include the use of 

3 pharmacotherapies, where appropriate, that may extend 

4 beyond the 6-month period;’’.

Æ