‘‘(1) waives, wholly or in part, this matching re-
quirement; and 
‘‘(2) publicly delineates the rationale for the 
waiver. 
‘‘(e) ANNUAL REPORT.—Each grantee under this 
section shall submit to the Attorney General, for each fis-
cal year in which funds from a grant received under this 
part is expended, a report, at such time and in such man-
ner as the Attorney General may reasonably require, that 
contains—
‘‘(1) a summary of the activities carried out 
under the grant; 
‘‘(2) an assessment of whether the activities 
summarized under paragraph (1) are meeting the 
needs identified in the application submitted under 
subsection (c); and 
‘‘(3) such other information as the Attorney 
General may require. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated $10,000,000 for each of the fiscal 
years 2005 through 2008 to carry out this section. 
‘‘(2) LIMITATIONS.—Of the amount made avail-
able to carry out this section in any fiscal year—
‘‘(A) not more than 2 percent may be used 
by the Attorney General for salaries and admin-
istrative expenses; and 
‘‘(B) not more than 5 percent nor less 
than 2 percent may be used for technical assist-
ance and training.’’. 
SEC. 107. FEDERAL ENHANCED IN-PRISON VOCATIONAL AS-
SESSMENT AND TRAINING DEMONSTRATION 
PROJECT. 
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Attorney General shall 
establish the Federal Enhanced In-Prison Vocational 
Assessment and Training Demonstration Project in 
selected institutions. 
(2) OBJECTIVES.—The project established pur-
suant to paragraph (1) shall provide—
(A) in-prison assessments of the vocational 
needs and aptitudes of prisoners; 
(B) enhanced work skills development; 
(C) enhanced release readiness program-
ming; and 
(D) other components, as appropriate, to 
prepare Federal prisoners for release and re-
entry into the community. 
(b) PROJECT DURATION.—
(1) IN GENERAL.—The project under this sec-
tion shall begin not later than 6 months after funds 
are made available to carry out this section, and 
shall continue for 3 years. 
(2) EXTENSION.—The Attorney General may 
extend the project for a period of not more than 6 
months to enable participating prisoners to complete 
their involvement in the project. 
(c) REPORTS.—
(1) PROGRESS
REPORT.—Not later than 2 
years after the date of enactment of this Act, the 
Attorney General shall submit a report, which de-
scribes the progress of the demonstration project es-
tablished pursuant to subsection (a), to the Com-
mittee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representa-
tives. 
(2) FINAL
REPORT.—Not later than 1 year 
after the end of the demonstration project estab-
lished pursuant to subsection (a), the Director of the 
Federal Bureau of Prisons shall submit a report, 
which describes the effectiveness of such project on 
post-release outcomes, including employment rates 
and re-arrest rates, for participants for a period of 
3 years following release from custody, to the Com-
mittee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representa-
tives. 
TITLE II—REMOVING BARRIERS 
TO RE-ENTRY 
SEC. 201. RIGHT TO VOTE IN FEDERAL ELECTIONS FOR 
NONINCARCERATED EX-OFFENDERS. 
(a) RIGHT TO VOTE.—The right of an individual who 
is a citizen of the United States to vote in any election 
for Federal office shall not be denied or abridged because 
that individual has been convicted of a criminal offense 
unless such individual is serving a felony sentence in a 
correctional institution or facility at the time of the elec-
tion. 
(b) ENFORCEMENT.—
(1) ATTORNEY GENERAL.—The Attorney Gen-
eral may, in a civil action, obtain such declaratory 
or injunctive relief as is necessary to remedy a viola-
tion of this section. 
(2) PRIVATE RIGHT OF ACTION.—
(A) A person who is aggrieved by a viola-
tion of this section may provide written notice 
of the violation to the chief election official of 
the State involved.
(B) Except as provided in subparagraph 
(C), if the violation is not corrected within 90 
days after receipt of a notice under subpara-
graph (A), or within 20 days after receipt of 
the notice if the violation occurred within 120 
days before the date of an election for Federal 
office, the aggrieved person may, in a civil ac-
tion obtain declaratory or injunctive relief with 
respect to the violation. 
(C) If the violation occurred within 30 
days before the date of an election for Federal 
office, the aggrieved person need not provide 
notice to the chief election official of the State 
under subparagraph (A) before bringing a civil 
action to obtain declaratory or injunctive relief 
with respect to the violation. 
(c) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘correctional institution or facil-
ity’’ means any prison, penitentiary, jail, or other in-
stitution or facility for the confinement of individ-
uals convicted of criminal offenses, whether publicly 
or privately operated, except that such term does not 
include any residential community treatment center 
(or similar public or private facility); and
(2) the terms ‘‘election’’ and ‘‘Federal office’’ 
have the meaning given such terms in section 301 
of the Federal Election Campaign Act of 1971 (2 
U.S.C. 431). 
(d) RELATION TO OTHER LAWS.—
(1) Nothing in this section shall be construed to 
prohibit the States from enacting any State law 
which affords the right to vote in any election for 
Federal office on terms less restrictive than those es-
tablished by this section. 
(2) The rights and remedies established by this 
section are in addition to all other rights and rem-
edies provided by law, and neither rights and rem-
edies established by this section shall supersede, re-
strict, or limit the application of the Voting Rights 
Act of 1965 (42 U.S.C. 1973 et seq.) or the Na-
tional Voter Registration Act (42 U.S.C. 1973–gg). 
SEC. 202. PROHIBITION ON UNWARRANTED EMPLOYMENT 
DISCRIMINATION. 
Section 703(k) of the Civil Rights Act of 1965 (42 
U.S.C. 2000e–2(k)) is amended—
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4); and 
(2) by inserting after paragraph (1) the fol-
lowing:
‘‘(2)(A) Notwithstanding paragraph (1), an unlawful 
employment practice based on disparate impact is estab-
lished under this title if—
‘‘(i) a complaining party demonstrates that a 
respondent uses a particular employment practice 
that—
‘‘(I) excludes individuals from employment 
on the basis of their conviction records; and 
‘‘(II) causes a disparate impact on the 
basis of race, color, religion, sex, or national or-
igin; and 
‘‘(ii) the respondent fails to demonstrate that 
the challenged practice is consistent with business 
necessity. 
‘‘(B) With respect to demonstrating that a challenged 
practice is consistent with business necessity as described 
in subparagraph (A)(ii), the respondent shall demonstrate 
that the respondent considered—
‘‘(i) the nature and gravity of the offense for 
which the conviction occurred; 
‘‘(ii) the period of time that has elapsed since 
the conviction or the completion of the sentence in-
volved; and 
‘‘(iii) the nature of the employment position 
held or sought.’’.
SEC. 203. INCREASE IN FEDERAL WORK OPPORTUNITY TAX 
CREDIT. 
Section 51(b)(3) of title 26, United States Code, is 
amended in the heading and in the text by striking 
‘‘$6,000’’ and inserting ‘‘$20,000’’. 
SEC. 204. REFORM OF STUDENT FINANCIAL ASSISTANCE. 
(a) SUSPENSION OF STUDENT LOAN ELIGIBILITY 
FOR DRUG-RELATED OFFENSE ONLY IF OFFENSE COM-
MITTED DURING PERIOD
OF ENROLLMENT.—Section 
484(r)(1) of the Higher Education Act of 1965 (20 U.S.C. 
1091(r)(1)) is amended by striking ‘‘A student’’ and all 
that follows through ‘‘table:’’ and inserting the following: 
‘‘A student who is convicted of any offense under any Fed-
eral or State law involving the possession or sale of a con-
trolled substance for conduct that occurred during a pe-
riod of enrollment for which the student was receiving any 
grant, loan, or work assistance under this title shall not 
be eligible to receive any grant, loan, or work assistance 
under this title from the date of that conviction for the 
period of time specified in the following table:’’. 
(b) PELL GRANTS
FOR INCARCERATED INDIVID-
UALS.—Section 401(b)(8) of the Higher Education Act of 
1965 (20 U.S.C. 1070a(b)(8)) is amended to read as fol-
lows: 
‘‘(8) INCARCERATED INDIVIDUALS.—
‘‘(A) IN GENERAL.—Except as provided in sub-
paragraph (B), no Federal Pell Grant shall be 
awarded under this subpart to any individual who is 
incarcerated in any Federal or State penal institu-
tion. 
‘‘(B) ELIGIBILITY FOR PELL GRANT.—
‘‘(i) IN GENERAL.—Notwithstanding sub-
paragraph (A), an individual who is incarcer-
ated in a Federal or State penal institution 
shall be eligible to receive a Federal Pell Grant 
under this subpart if such individual—
‘‘(I) is eligible to be considered for re-
lease from the penal institution into the 
general community not later than 9 years 
after the date of application for such 
Grant; and 
‘‘(II) 
notwithstanding 
paragraph 
(2)(B), is enrolled on at least a half-time 
basis in a degree program. 
‘‘(ii) LIMITATIONS
ON
ELIGIBILITY.—No 
Federal Pell Grant shall be awarded to an in-
carcerated individual pursuant to clause (i)—
‘‘(I) that exceeds—
‘‘(aa) the sum of the amount of 
tuition and fees normally assessed for
the course of study by the institution 
of higher education offering classes to 
the individual for the course of study 
such individual is pursuing, plus an 
allowance for books associated with 
such course of study; or 
‘‘(bb) the Federal Pell Grant 
level specified in the relevant appro-
priations Act for this subpart in any 
fiscal year; 
‘‘(II) who is incarcerated in a State 
penal institution if the State in which such 
penal institution is located reduces its level 
of postsecondary assistance provided from 
State sources to incarcerated individuals 
after the date of enactment of the Offender 
Reentry and Community Safety Act of 
2004; and 
‘‘(III) for use at an institution of 
higher education in which the percentage 
of full-time equivalent students at such in-
stitution who are incarcerated exceeds 10 
percent of such institution’s student body. 
‘‘(iii) SPECIAL RULE.—Funds transmitted 
pursuant to this subparagraph shall be trans-
ferred directly to the institution of higher edu-
cation in which the incarcerated individual is 
enrolled for payment of expenses provided 
under clause (ii)(I)(aa). Such institution shall 
not transmit such funds directly or indirectly to 
such individual.’’. 
SEC. 205. REFORM OF ‘‘ONE STRIKE’’ MANDATORY EVIC-
TION. 
(a) UNITED STATES HOUSING ACT OF 1937.—Sec-
tion 6(k) of the United States Housing Act of 1937 (42 
U.S.C. 1437d(k)) is amended—
(1) by striking ‘‘(k) The Secretary shall’’ and 
inserting the following: 
‘‘(k) REVIEW OF EVICTION AND DENIALS OF TEN-
ANCY.—
‘‘(1) IN GENERAL.—Subject to paragraph (3), 
the Secretary shall’’; 
(2) by redesignating paragraphs (1) through 
(6) as subparagraphs (A) through (F) and indenting 
accordingly; 
(3) by striking ‘‘For any grievance concerning’’ 
and inserting the following: 
‘‘(2) EXPEDITED
PROCEDURES.—Subject to 
paragraph (3), any grievance concerning’’; and 
(4) by adding at the end the following:
‘‘(3) MITIGATING CIRCUMSTANCES AND INNO-
CENT OWNER.—
‘‘(A) MITIGATING
CIRCUMSTANCES.—In 
determining whether to evict a tenant, termi-
nate a tenancy, or deny an application for ten-
ancy due to a criminal conviction of the person 
that is the subject of a grievance, and in any 
judicial review of such determination, the public 
housing agency or other reviewing body shall 
consider all mitigating circumstances and the 
impact of the eviction, termination, or denial 
upon the family and dependents of that person. 
‘‘(B) INNOCENT TENANTS.—A tenant shall 
not be subject to eviction, denied a tenancy, or 
have a tenancy terminated based solely upon 
the familial relationship of the tenant to a per-
son who has been convicted of a criminal of-
fense.’’. 
(b) QUALITY HOUSING AND WORK RESPONSIBILITY 
ACT OF 1998.—
(1) INELIGIBILITY.—Section 576 of the Quality 
Housing and Work Responsibility Act of 1998 (42 
U.S.C. 13661) is amended—
(A) in subsection (b)—
(i) in paragraph (1), by striking ‘‘any 
household with a member’’ and inserting 
‘‘any person’’; and 
(ii) in paragraph (2)—
(I) by striking ‘‘any household’’ 
and inserting ‘‘any person’’; and 
(II) by striking ‘‘household mem-
ber’’ each place that term appears and 
inserting ‘‘person’’; 
(B) in subsection (c)—
(i) in the matter preceding paragraph 
(1)—
(I) by striking ‘‘or any member 
of the applicant’s household’’; and 
(II) by striking ‘‘applicant house-
hold’’ and inserting ‘‘applicant’’; and 
(ii) in paragraph (2)—
(I) by striking ‘‘or individual in 
the applicant’s household’’; and 
(II) by striking ‘‘have not’’ and 
inserting ‘‘has not’’; 
(C) by redesignating subsection (d) as sub-
section (e); and 
(D) by adding at the end the following: 
‘‘(d) REVIEW OF DENIAL OF APPLICATION.—
‘‘(1) REVIEW OF DENIAL.—The denial of an ap-
plication under this section shall be subject to review 
in accordance with the provisions of section 6(k) of 
the United States Housing Act of 1937 (42 U.S.C. 
1437d(k)). 
‘‘(2) INNOCENT APPLICANTS.—Nothing in this 
section shall allow for the denial of an application 
based solely on the familial relationship of an appli-
cant to a person who has a criminal conviction or is 
otherwise in violation of this section.’’. 
(2) TERMINATION
OF
TENANCY
AND
ASSIST-
ANCE
FOR
ILLEGAL
DRUG
USERS
AND
ALCOHOL 
ABUSERS IN FEDERALLY ASSISTED HOUSING.—Sec-
tion 577 of the Quality Housing and Work Respon-
sibility Act of 1998 (42 U.S.C. 13662) is amend-
ed—
(A) in subsection (a), by striking ‘‘house-
hold with a member’’ and inserting ‘‘person’’; 
(B) in subsection (b)—
(i) by striking ‘‘household based’’ and 
inserting ‘‘person based’’; 
(ii) by striking ‘‘by a household mem-
ber’’ and inserting ‘‘by that person’’; and 
(iii) by striking ‘‘such household mem-
ber’’ and inserting ‘‘such person’’; and
(C) by adding at the end the following: 
‘‘(c) REVIEW OF TERMINATION OF TENANCY.—The 
decision to terminate the tenancy or assistance of any per-
son shall be subject to review in accordance with the provi-
sions of section 6(k) of the United States Housing Act 
of 1937 (42 U.S.C. 1437d(k)). 
‘‘(d) INNOCENT TENANTS.—Nothing in this section 
shall allow for the termination of a tenancy or assistance 
to any person based solely on the familial relationship of 
the tenant to a person who is in violation of this section.’’. 
(c) REQUIREMENT OF INTENT OR KNOWLEDGE OF 
CRIME BEFORE EVICTION FROM OR DENIAL OF PUBLIC 
AND PUBLICLY ASSISTED HOUSING.—Sections 6(l)(6) (42 
U.S.C. 
1437d(l)(6)), 
8(d)(1)(B)(iii) 
U.S.C. 
1437f(d)(1)(B)(iii)), 
and 
8(o)(7)(D) 
(42 
U.S.C. 
1437f(o)(7)(D)) of the United States Housing Act of 1937 
are each amended by inserting before the semicolon at the 
end the following: ‘‘; except that such criminal or drug-
related activity, engaged in by a member of a tenant’s 
household or any guest or other person under the tenant’s 
control, shall not be cause for termination of tenancy of 
the tenant if the tenant did not know and should not have 
known of the activity, or if the tenant, member of the ten-
ant’s household, or any guest or other person under the 
tenant’s control was the victim of criminal activity’’.
SEC. 206. AMENDMENT TO THE ADULT EDUCATION AND 
FAMILY LITERACY ACT TO REMOVE RESTRIC-
TION ON AMOUNT OF FUNDS AVAILABLE FOR 
CORRECTIONS EDUCATION PROGRAMS. 
Section 222(a) of the Adult Education and Family 
Literacy Act (20 U.S.C. 9222(a)(1)) is amended by strik-
ing ‘‘, of which not more than 10 percent’’ and inserting 
‘‘, of which not less than 10 percent’’. 
SEC. 207. CLARIFICATION OF AUTHORITY TO PLACE PRIS-
ONER IN COMMUNITY CORRECTIONS. 
(a) PLACE OF IMPRISONMENT.—Section 3621 of title 
18, United States Code, is amended by inserting after ‘‘or 
correctional facility’’ the following: ‘‘, including a commu-
nity corrections facility,’’. 
(b) PRE-RELEASE CUSTODY.—Section 3624(c) of 
title 18, United States Code, is amended by striking all 
after the subsection heading and inserting the following: 
‘‘The Bureau of Prisons shall, to the extent practicable, 
ensure that a prisoner serving a term of imprisonment 
spends a reasonable part of the final portion of that term 
under conditions that will afford the prisoner a reasonable 
opportunity to adjust to and prepare for the prisoner’s re-
entry into the community. In addition, this subsection au-
thorizes the Bureau of Prisons to place a prisoner in home 
confinement during the last 10 percent of the term of im-
prisonment, not to exceed 6 months.’’.
SEC. 208. DENIAL OF TANF AND FOOD STAMPS FOR FELONY 
CONVICTION FOR WELFARE FRAUD. 
(a) IN GENERAL.—Section 115(a) of the Personal 
Responsibility and Work Opportunity Reconciliation Act 
of 1996 (21 U.S.C. 862a(a)) is amended—
(1) by amending the header to read as follows: 
‘‘(a) DENIAL OF ASSISTANCE AND BENEFITS FOR 
WELFARE FRAUD CONVICTIONS.—’’; and 
(2) in the matter preceding paragraph (1) by 
striking ‘‘the possession, use, or distribution of a 
controlled substance (as defined in section 102(6) of 
the Controlled Substances Act (21 U.S.C. 802(6)))’’ 
and inserting ‘‘fraud in connection with an applica-
tion for, or receipt of, welfare assistance or bene-
fits’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on December 31, 2004. 
SEC. 209. REFORM OF PROVISIONS THAT LIMIT FAMILY RE-
UNIFICATION AFTER PRISON. 
(a) CONSIDERATION
OF
PARENTAL
INCARCER-
ATION.—
(1) IN GENERAL.—Section 475(5) of the Social 
Security Act (42 U.S.C. 675(5)) is amended—
(A) in subparagraph (F), by striking 
‘‘and’’ at the end;
(B) in subparagraph (G), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(H)(i) the State may extend the time lim-
its otherwise applicable under subparagraph 
(E), with respect to filing or joining a petition 
to terminate the parental rights of the parents 
of a child who has been in foster care under the 
responsibility of the State for 15 of the most re-
cent 22 months, if 1 of the parents is incarcer-
ated in a Federal, State, or local correctional 
facility; and 
‘‘(ii) the incarceration of 1 of the child’s 
parents in a Federal, State, or local correctional 
facility is a factor, but not the sole basis, for 
making a determination that it would be in the 
best interests of the child to terminate parental 
rights.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on December 31, 
2004. 
(b) REASONABLE EFFORT TO PRESERVE AND RE-
UNIFY FAMILIES.—