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(b) GAO Reports
Not later than 90 days after the end of each of the first 5 complete fiscal years following the revision of the Federal Acquisition Regulation under subsection (a), the Comptroller General shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report that— (1) in the case of the first report— (A) describes the status and content of the revisions required under subsection (a), and any resulting agency policies and procedures;
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and (B) includes a determination of whether the information collected under subsection (a)(3) is sufficient to identify opportunities to achieve savings; and (2) in the case of each subsequent report, describes— (A) executive branch progress in improving data collection on Governmentwide commercial purchase card use; (B) executive branch progress in seeking discounts or entering into agreements that provide for reduced prices; and (C) savings achieved through the use of discounts or other procurement mechanisms.
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(c) Provision of Information to GAO
The Administrator for Federal Procurement Policy shall direct the head of each executive agency to provide to the Comptroller General such information as the Comptroller General considers necessary to implement the requirements of subsection (b).
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1. Short title
This Act may be cited as the Safeguarding Schoolchildren of Deployed Soldiers Act of 2004. 2. Relief for schoolchildren changing residence based on military service of parent
(a) Uninterrupted attendance at school
Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) is amended by adding at the end the following new section: 707.
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Attendance at school of children with parents in military service
(a) Attendance for schoolchildren
For the duration of the military service on which a child’s change of residence is based and at the request of a child’s parent, a State educational agency or local educational agency shall, for purposes of enrollment (including tuition, fees, and costs) in elementary or secondary school, treat a child who changes residence based on the military service of one or both of the child’s parents as if the child has the residence the child had before the change of residence, and the child shall be deemed, for all other purposes relating to enrollment,
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to have the residence the child had before the change of residence. (b) No provision of transportation
No State educational agency or local educational agency shall be responsible for the transportation of a child described in subsection (a) to or from school by reason of subsection (a). (c) Definitions
In this section, the terms child , elementary school , local educational agency , parent , secondary school , and State educational agency have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C.
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7801 ).. (b) Transitional provision
Not later than 30 days after the date of the enactment of this Act, a State educational agency or local educational agency that serves the area where a child is deemed to reside pursuant to section 707(a) of the Servicemembers Civil Relief Act, as added by subsection (a), shall facilitate the re-enrollment of the child if such re-enrollment is necessary to be in compliance with such section.
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(c) Clerical amendment
The table of contents in section 1(b) of the Servicemembers Civil Relief Act is amended by adding at the end the following new item: 707. Attendance at school of children with parents in military service. 707. Attendance at school of children with parents in military service
(a) Attendance for schoolchildren
For the duration of the military service on which a child’s change of residence is based and at the request of a child’s parent, a State educational agency or local educational agency shall, for purposes of enrollment (including tuition, fees,
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and costs) in elementary or secondary school, treat a child who changes residence based on the military service of one or both of the child’s parents as if the child has the residence the child had before the change of residence, and the child shall be deemed, for all other purposes relating to enrollment, to have the residence the child had before the change of residence. (b) No provision of transportation
No State educational agency or local educational agency shall be responsible for the transportation of a child described in subsection (a) to or from school by reason of subsection (a).
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(c) Definitions
In this section, the terms child , elementary school , local educational agency , parent , secondary school , and State educational agency have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).
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1. Short title
This Act may be cited as the American Schools Abroad Support Act. 2. Findings
Congress finds the following: (1) During the 2003–2004 school year, the Office of Overseas Schools of the Department of State is financially assisting 189 elementary and secondary schools in other countries. (2) These American-sponsored schools serve 99,318 students, of whom 27,412 are United States citizens.
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(3) Twenty of these American-sponsored schools—serving 10,907 students—are located in the Near East and South Asia region, and other American-sponsored schools are located in countries with significant Muslim populations in Africa, Central Asia, and East Asia. (4) American-sponsored schools provide an American-style education in English, with curricula that typically include an emphasis on the development of critical thinking and analytical skills.
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(5) In response to growing anti-American sentiment in Arab and other predominantly Muslim countries, the United States has placed a renewed emphasis on public diplomacy programs, with education at the elementary, secondary, and university levels representing an important part of that effort. (6) Education is a key element of the efforts of the United States to promote political, economic, and social reform in Arab and predominantly Muslim countries, and is one of the main components of the Middle East Partnership Initiative.
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(7) As active, vibrant institutions, American-sponsored schools play a vital role in their local communities, and help advance public diplomacy interests of the United States. (8) The Department of State currently provides funds to American-sponsored schools amounting only, on average, to between one and two percent of their annual operating expenses.
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(9) The United States has an interest in increasing the level of financial support provided to American-sponsored schools in Arab and predominantly Muslim countries, in order to— (A) increase the number of students in such countries who attend such schools; and (B) increase the number of young people who may thereby gain at any early age an appreciation for the culture, society, and history of the United States.
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(10) The United States has an interest in increasing the number of students in Arab and predominately Muslim countries who attend American-sponsored schools beyond those from affluent families who are able to afford the cost of tuition, to include children from lower- and middle-income families who otherwise might not be able to afford to attend such schools. (11) Many American-sponsored schools have the capacity to increase the number of students who attend such schools. (12) The Department of State has legal authority under the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. )
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(commonly referred to as the Fulbright-Hays Act) to provide increased financial support for American-sponsored schools. 3. Sense of Congress
It is the sense of Congress that, based on the findings contained in section 2, additional funds should be made available to American-sponsored schools in Arab and predominately Muslim countries to provide full or partial merit-based scholarships to children from lower- and middle-income families of such countries to attend such schools. 4.
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Grants to American-sponsored schools in Arab and other predominantly Muslim countries to provide scholarships to students
(a) Grants authorized
The Secretary of State, acting through the Director of the Office of Overseas Schools of the Department of State, may make grants to American-sponsored schools in Arab and predominantly Muslim countries for the purpose of providing full or partial merit-based scholarships to students from lower- and middle-income families of such countries to attend such schools.
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(b) Determination of eligible students
For purposes of expending grant funds, an American-sponsored school that receives a grant under subsection (a) is authorized to establish criteria to be implemented by such school to determine what constitutes lower- and middle-income families in the country (or region of the country, if regional variations in income levels in the country are significant) in which such school is located.
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(c) Restriction on use of funds
Amounts appropriated to the Secretary of State pursuant to the authorization of appropriations in subsection (c) shall be used for the sole purpose of making grants under this section, and may not be used for the administration of the Office of Overseas Schools of the Department of State or any other activity of the Office. (d) Authorization of appropriations
There are authorized to be appropriated for each of fiscal years 2005 and 2006, $15,000,000 to carry out subsection (a).
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1. Pigment Yellow 180
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.51 Pigment Yellow 180 (CAS No. 77804–81–0) (provided for in subheading 3204.17.60) Free No change No change On or before 12/31/2006.
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(b) Effective date
The amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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1. Evan Asa Ashcraft Post Office Building
(a) Designation
The facility of the United States Postal Service located at 23055 Sherman Way in West Hills, California, shall be known and designated as the Evan Asa Ashcraft Post Office Building. (b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Evan Asa Ashcraft Post Office Building.
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1. Short Title
This Act may be cited as the United States-Israel Homeland Security Foundation Act. 2. Findings
Congress finds the following: (1) The development and implementation of technology is a crucial component of combating terrorism and implementing homeland security strategies. (2) Israel and Israeli industries have extensive experience with matters pertaining to homeland security generally and anti-terrorism specifically, including expertise in the fields of border integrity, transportation security, first responder equipment, and civil defense planning.
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(3) The United States and Israel have an extensive history of working cooperatively and successfully to assist with the development of agricultural, defense, telecommunications, and other technologies mutually beneficial to each country, as exemplified by the success of the Binational Industrial Research and Development Foundation, commonly referred to as the BIRD Foundation.
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(4) Initiated in 1977 as a grant program funded in equal parts by the governments of the United States and Israel in support of joint United States-Israeli business ventures, the BIRD Foundation has invested $180 million in 600 projects over the past 27 years and has realized $7 billion in sales and the development of a number of important technologies.
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(5) The establishment of a similar bi-national foundation, or the expansion of the BIRD Foundation, to support the development of technologies and services applicable to homeland security would be beneficial to the security of the United States and Israel and would strengthen the economic ties between the two countries. 3. United States-Israel Homeland Security Foundation
The Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after section 307 ( 6 U.S.C.
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187 ) the following new section: 307A United States-Israel Homeland Security Foundation and Grant Program
(a) Establishment and purpose
(1) Establishment authorized
The Secretary may establish a United States-Israel Homeland Security Foundation (in this section referred to as the Foundation ), for the purpose of awarding conditional grants to joint business ventures between United States and Israeli private corporate entities to develop, manufacture, sell, or otherwise provide products and services with applications related to homeland security. (2) Administration
The Secretary shall administer the grant program through the Directorate of Science and Technology.
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(b) Eligible entities
To be eligible to receive a grant under this section, an applicant shall— (1) be a joint venture consisting of United States and Israeli private corporate entities; (2) be in the process of developing a product or service determined by the Secretary to have applications related to homeland security; and (3) demonstrate to the satisfaction of the Secretary a capability to develop, manufacture, sell, and support the product or service.
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(c) Application
An eligible entity may apply for a grant under this section by submitting to the Secretary an application at such time and in such manner as the Secretary may require and containing the following information: (1) An identification of the entity that is applying for the grant. (2) The activities that the entity anticipates will be funded by the award of a grant. (3) The services or products the entity anticipates will be made available, either commercially or otherwise, as a result of an award of a grant.
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(4) A detailed capital budget for the proposed project, including the manner in which the grant funds will be allocated and expended. (5) Such other information as the Secretary may require. (d) Amount of grant
A grant under this section may not exceed 50 percent of the total proposed cost for the development, manufacture, and provision of the product or service of the applicant described in the application. (e) Grant repayment
A grant recipient shall repay the grant to the Foundation as the Secretary may reasonably require.
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Grant repayments may not exceed more than 150 percent of the grant awarded, adjusted for inflation in accordance with the Consumer Price Index. (f) Advisory board
(1) Representatives
Administration of the Foundation shall include an advisory board comprised of public and private sector representatives. (2) Membership of advisory board
(A) United States membership
Membership to the advisory board shall include the Director of the Homeland Security Advanced Research Projects Agency and the Director of International Affairs of the Department of Homeland Security. (B) Israeli membership
The Secretary shall extend an invitation to the relevant Israeli government officials for their participation on the advisory board.
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(g) Foundation funding
Subject to subsection (i), if the Secretary decides to establish the Foundation under subsection (a), the Secretary shall use not less than $25,000,000 of the funds available in the Acceleration Fund for Research and Development of Homeland Security Technologies, established under section 307(c)(1), to administer the Foundation.
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(h) Alternative mechanism to support homeland security products and services
Subject to subsection (i), if the Secretary decides not to establish the Foundation under subsection (a), the Secretary shall use not less than $25,000,000 of the funds available in the Acceleration Fund for Research and Development of Homeland Security Technologies, established under section 307(c)(1), to support the efforts of the Binational Industrial Research and Development Foundation to make grants to joint United States-Israeli business ventures for projects related to homeland security.
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(i) Shared endowment
Any expenditure by the United States under this section shall be equal to the expenditure by Israel for the same purpose.. 307A United States-Israel Homeland Security Foundation and Grant Program
(a) Establishment and purpose
(1) Establishment authorized
The Secretary may establish a United States-Israel Homeland Security Foundation (in this section referred to as the Foundation ), for the purpose of awarding conditional grants to joint business ventures between United States and Israeli private corporate entities to develop, manufacture, sell, or otherwise provide products and services with applications related to homeland security.
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(2) Administration
The Secretary shall administer the grant program through the Directorate of Science and Technology. (b) Eligible entities
To be eligible to receive a grant under this section, an applicant shall— (1) be a joint venture consisting of United States and Israeli private corporate entities; (2) be in the process of developing a product or service determined by the Secretary to have applications related to homeland security; and (3) demonstrate to the satisfaction of the Secretary a capability to develop, manufacture, sell, and support the product or service.
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(c) Application
An eligible entity may apply for a grant under this section by submitting to the Secretary an application at such time and in such manner as the Secretary may require and containing the following information: (1) An identification of the entity that is applying for the grant. (2) The activities that the entity anticipates will be funded by the award of a grant. (3) The services or products the entity anticipates will be made available, either commercially or otherwise, as a result of an award of a grant.
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(4) A detailed capital budget for the proposed project, including the manner in which the grant funds will be allocated and expended. (5) Such other information as the Secretary may require. (d) Amount of grant
A grant under this section may not exceed 50 percent of the total proposed cost for the development, manufacture, and provision of the product or service of the applicant described in the application. (e) Grant repayment
A grant recipient shall repay the grant to the Foundation as the Secretary may reasonably require.
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Grant repayments may not exceed more than 150 percent of the grant awarded, adjusted for inflation in accordance with the Consumer Price Index. (f) Advisory board
(1) Representatives
Administration of the Foundation shall include an advisory board comprised of public and private sector representatives. (2) Membership of advisory board
(A) United States membership
Membership to the advisory board shall include the Director of the Homeland Security Advanced Research Projects Agency and the Director of International Affairs of the Department of Homeland Security. (B) Israeli membership
The Secretary shall extend an invitation to the relevant Israeli government officials for their participation on the advisory board.
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(g) Foundation funding
Subject to subsection (i), if the Secretary decides to establish the Foundation under subsection (a), the Secretary shall use not less than $25,000,000 of the funds available in the Acceleration Fund for Research and Development of Homeland Security Technologies, established under section 307(c)(1), to administer the Foundation.
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(h) Alternative mechanism to support homeland security products and services
Subject to subsection (i), if the Secretary decides not to establish the Foundation under subsection (a), the Secretary shall use not less than $25,000,000 of the funds available in the Acceleration Fund for Research and Development of Homeland Security Technologies, established under section 307(c)(1), to support the efforts of the Binational Industrial Research and Development Foundation to make grants to joint United States-Israeli business ventures for projects related to homeland security.
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(i) Shared endowment
Any expenditure by the United States under this section shall be equal to the expenditure by Israel for the same purpose.
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1. Extension of National Commission on Terrorist Attacks on the United States
(a) Extension
Section 610(b) of the Intelligence Authorization Act for Fiscal Year 2003 ( Public Law 107–306 ; 6 U.S.C. 101 note; 116 Stat 2413) is amended by striking 18 months after the date of the enactment of this Act and inserting January 10, 2005. (b) Additional funding
Section 611 of such Act ( 6 U.S.C. 101 note;
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116 Stat 2413) is amended— (1) by redesignating subsection (b) as subsection (c); (2) by inserting after subsection (a) the following new subsection (b): (b) Additional funding from the National Foreign Intelligence Program
In addition to the amounts made available to the Commission under subsection (a), of the amounts authorized to be appropriated by the Intelligence Authorization Act for Fiscal Year 2004 ( Public Law 108–177 ) and available in the Department of Defense Appropriations Act, 2004 ( Public Law 108–87 ) for the National Foreign Intelligence Program,
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not more than $6,000,000 shall be available for transfer to the Commission for purposes of the activities of the Commission under this title. ; and (3) in subsection (c), as so redesignated by paragraph (1), by striking subsection (a) and inserting this section.
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1. Short title; table of contents
(a) Short title
This Act may be cited as the Re-Entry Enhancement Act. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings Title I—Grants to encourage successful prisoner re-entry Sec. 101. Reauthorization of adult and juvenile offender State and local re-entry demonstration projects Sec. 102. Improved re-entry procedures for Federal prisoners Sec. 103.
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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.
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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.
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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 2. Findings
Congress finds the following: (1) Over 2,000,000 prisoners are now held in Federal and State prisons and local jails. Nearly 925,000 Americans are convicted of felony offenses in the Nation’s courts each year, and some 600,000 are incarcerated as a result.
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Over 5,600,000 American adults have spent time in a State or Federal prison. If incarceration rates remain unchanged, 6.6 percent of Americans born in 2001 will go to prison at some time during their lifetime. A total of 6,700,000 Americans were under some form of criminal justice supervision by the end of 2002. Over 4,700,000 adult men and women were under Federal, State, or local probation or parole by the end of 2002. Over 650,000 people a year return to their communities following a prison or jail sentence.
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(2) The successful reintegration of former prisoners is one of the most formidable challenges facing society today. The transition from prison life is inherently difficult, and especially so for individuals who have served a lengthy sentence and received little preparation for life in law-abiding society. A former prisoner may find it difficult to find employment, housing, health care, and public assistance. He or she may be cut off from his or her family and community.
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(3) As a result of these challenges, nearly two-thirds of released State prisoners are expected to be re-arrested for a felony or serious misdemeanor within three years after release. Such high recidivism rates can be averted through improved prisoner re-entry efforts. (4) In recent years, a number of States and local governments have begun to establish improved systems for reintegrating former prisoners. Under such systems, corrections officials begin to plan for a prisoner’s release while he or she is incarcerated and provide a transition to needed services in the community.
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(5) Successful re-entry protects those who might otherwise be crime victims. It also improves the likelihood that individuals released from prison or juvenile detention facilities can pay fines, fees, restitution, and family support. (6) According to the Bureau of Justice Statistics, expenditures on corrections alone increased from $9,000,000,000 in 1982 to $44,000,000,000 in 1997. These figures do not include the cost of arrest and prosecution, nor do they take into account the cost to victims.
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(7) Incarceration results in profound collateral consequences including, but not limited to, barriers to housing, public assistance, family reunification, employment, and voting rights, which results in public health risks, homelessness, unemployment, and disenfranchisement. All of these negative outcomes contribute to increased recidivism. (8) The high prevalence of infectious disease, substance abuse, and mental health disorders that has been found in incarcerated populations demands that a recovery model of treatment should be used for handling the more than two-thirds of all offenders with such needs.
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(9) One of the most significant costs of prisoner re-entry is the impact on children, the weakened ties among family members, and destabilized communities. The long-term generational effects of a social structure in which imprisonment is the norm and law-abiding role models are absent are difficult to measure but undoubtedly exist. (10) According to the 2001 national data from the Bureau of Justice Statistics, 3,500,000 parents were supervised by the correctional system. Prior to incarceration, 64 percent of female prisoners and 44 percent of male prisoners in State facilities lived with their children.
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(11) Between 1991 and 1999, the number of children with a parent in a Federal or State correctional facility increased by more than 100 percent, from approximately 900,000 to approximately 2,000,000. According to the Bureau of Prisons, there is evidence to suggest that inmates who are connected to their children and families are more likely to avoid negative incidents and have reduced sentences. (12) Approximately 100,000 juveniles (ages 17 and under) leave juvenile correctional facilities, State prison, or Federal prison each year.
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Juveniles released from confinement still have their likely prime crime years ahead of them. Juveniles released from secure confinement have a recidivism rate ranging from 55 to 75 percent. The chances that young people will successfully transition into society improve with effective re-entry and aftercare programs. (13) Studies have shown that from 15 percent to 27 percent of prisoners expect to go to homeless shelters upon release from prison. (14) The National Institute of Justice has found that after one year of release, up to 60 percent of former inmates are not employed.
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(15) Fifty-seven percent of Federal and 70 percent of State inmates used drugs regularly before prison, with some estimates of involvement with drugs or alcohol around the time of the offense as high as 84 percent (BJS Trends in State Parole, 1990–2000). (16) According to the Bureau of Justice Statistics, 60 to 83 percent of the Nation’s correctional population have used drugs at some point in their lives. This is twice the estimated drug use of the total United States population of 40 percent.
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(17) Family-based treatment programs have proven results for serving the special population of female offenders and substance abusers with children. An evaluation by the Substance Abuse and Mental Health Services Administration of family-based treatment for substance abusing mothers and children found that at six months post treatment, 60 percent of the mothers remain alcohol and drug free, and drug related offenses declined from 28 to 7 percent.
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Additionally, a 2003 evaluation of residential family based treatment programs revealed that 60 percent of mothers remained clean and sober six months after treatment, criminal arrests declined by 43 percent, and 88 percent of the children treated in the program with their mothers remain stabilized. (18) A Bureau of Justice Statistics analysis indicated that only 33 percent of Federal and 36 percent of State inmates had participated in residential inpatient treatment programs for alcohol and drug abuse 12 months before their release.
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Further, over one-third of all jail inmates have some physical or mental disability and 25 percent of jail inmates have been treated at some time for a mental or emotional problem. (19) According to the National Institute of Literacy, 70 percent of all prisoners function at the two lowest literacy levels. (20) The Bureau of Justice Statistics has found that 27 percent of Federal inmates, 40 percent of State inmates, and 47 percent of local jail inmates have never completed high school or its equivalent.
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Furthermore, the Bureau of Justice Statistics has found that less educated inmates are more likely to be recidivists. Only 1 in 4 local jails offer basic adult education programs. (21) Participation in State correctional education programs lowers the likelihood of reincarceration by 29 percent, according to a recent United States Department of Education study. A Federal Bureau of Prisons study found a 33 percent drop in recidivism among federal prisoners who participated in vocational and apprenticeship training. 101.
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Reauthorization of adult and juvenile offender State and local re-entry demonstration projects
(a) Adult and juvenile offender demonstration projects authorized
Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w ) is amended in subsection (b) by striking paragraphs (1) through (4) and inserting the following new paragraphs: (1) establishing or improving the system or systems under which— (A) the correctional agency of the State or local government develops and carries out plans to facilitate the re-entry into the community of each offender in State or local custody;
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(B) the supervision and services provided to offenders in State or local custody are coordinated with the supervision and services provided to offenders after re-entry into the community; (C) the efforts of various public and private entities to provide supervision and services to offenders after re-entry into the community, and to family members of such offenders, are coordinated; and (D) offenders awaiting re-entry into the community are provided with documents (such as identification papers, referrals to services, medical prescriptions, job training certificates, apprenticeship papers, and information on obtaining public assistance) useful in achieving a successful transition from prison;
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(2) carrying out programs and initiatives by units of local government to strengthen re-entry services for individuals released from local jails; (3) enabling prison mentors of offenders to remain in contact with those offenders, including through the use of such technology as videoconferencing, during incarceration and after re-entry into the community and encouraging the involvement of prison mentors in the re-entry process; (4) providing structured post-release housing and transitional housing, including group homes for recovering substance abusers, through which offenders are provided supervision and services immediately following re-entry into the community;
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(5) assisting offenders in securing permanent housing upon release or following a stay in transitional housing; (6) providing continuity of health services (including mental health services, substance abuse treatment and aftercare, and treatment for contagious diseases) to offenders in custody and after re-entry into the community; (7) providing offenders with education, job training, English as a second language programs, work experience programs, self-respect and life skills training, and other skills useful in achieving a successful transition from prison; (8) facilitating collaboration among corrections and community corrections, technical schools, community colleges,
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and the workforce development and employment service sectors to— (A) promote, where appropriate, the employment of people released from prison and jail, through efforts such as educating employers about existing financial incentives and facilitate the creation of job opportunities, including transitional jobs, for this population that will benefit communities; (B) connect inmates to employment, including supportive employment and employment services, before their release to the community; and (C) addressing barriers to employment; (9) assessing the literacy and educational needs of offenders in custody and identifying and providing services appropriate to meet those needs, including follow-up assessments and long-term services;
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(10) systems under which family members of offenders are involved in facilitating the successful re-entry of those offenders into the community, including removing obstacles to the maintenance of family relationships while the offender is in custody, strengthening the family’s capacity as a stable living situation during re-entry where appropriate, and involving family members in the planning and implementation of the re-entry process; (11) programs under which victims are included, on a voluntary basis, in the re-entry process; (12) programs that facilitate visitation and maintenance of family relationships with respect to offenders in custody by addressing obstacles such as travel, telephone costs, mail restrictions,
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and restrictive visitation policies; (13) identifying and addressing barriers to collaborating with child welfare agencies in the provision of services jointly to offenders in custody and to the children of such offenders; (14) implementing programs in correctional agencies to include the collection of information regarding any dependent children of an incarcerated person as part of intake procedures, including the number of children, age, and location or jurisdiction, and connect identified children with appropriate services; (15) addressing barriers to the visitation of children with an incarcerated parent, and maintenance of the parent-child relationship, such as the location of facilities in remote areas, telephone costs, mail restrictions,
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and visitation policies; (16) creating, developing, or enhancing prisoner and family assessments curricula, policies, procedures, or programs (including mentoring programs) to help prisoners with a history or identified risk of domestic violence, dating violence, sexual assault, or stalking reconnect with their families and communities as appropriate (or when it is safe to do so) and become mutually respectful, nonabusive parents or partners, under which particular attention is paid to the safety of children affected and the confidentiality concerns of victims, and efforts are coordinated with existing victim service providers; (17) developing programs and activities that support parent-child relationships,
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such as— (A) using telephone conferencing to permit incarcerated parents to participate in parent-teacher conferences; (B) using videoconferencing to allow virtual visitation when incarcerated persons are more than 100 miles from their families; (C) the development of books on tape programs, through which incarcerated parents read a book into a tape to be sent to their children; (D) the establishment of family days, which provide for longer visitation hours or family activities; or (E) the creation of children’s areas in visitation rooms with parent-child activities;
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(18) expanding family-based treatment centers that offer family-based comprehensive treatment services for parents and their children as a complete family unit; (19) conducting studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety; (20) developing or adopting procedures to ensure that dangerous felons are not released from prison prematurely; (21) developing and implementing procedures to assist relevant authorities in determining when release is appropriate and in the use of data to inform the release decision;
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(22) developing and implementing procedures to identify efficiently and effectively those violators of probation or parole who should be returned to prison; (23) utilizing established assessment tools to assess the risk factors of returning inmates and prioritizing services based on risk; (24) conducting studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety; (25) facilitating and encouraging timely and complete payment of restitution and fines by ex-offenders to victims and the community; (26) developing or adopting procedures to ensure that dangerous felons are not released from prison prematurely;
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(27) establishing or expanding the use of re-entry courts to— (A) monitor offenders returning to the community; (B) provide returning offenders with— (i) drug and alcohol testing and treatment; and (ii) mental and medical health assessment and services; (C) facilitate restorative justice practices and convene family or community impact panels, family impact educational classes, victim impact panels, or victim impact educational classes; (D) provide and coordinate the delivery of other community services to offenders, including— (i) housing assistance; (ii) education; (iii) employment training; (iv) children and family support;
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(v) conflict resolution skills training; (vi) family violence intervention programs; and (vii) other appropriate social services; and (E) establish and implement graduated sanctions and incentives; and (28) providing technology to advance post release supervision. (b) Juvenile offender demonstration projects reauthorized
Such section is further amended in subsection (c) by striking may be expended for and all that follows through the period at the end and inserting may be expended for any activity referred to in subsection (b). (c) Applications; priorities;
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performance measurements
Such section is further amended— (1) by redesignating subsection (h) as subsection (o); and (2) by striking subsections (d) through (g) and inserting the following new subsections: (d) Applications
A State, unit of local government, territory, or Indian tribe desiring a grant under this section shall submit an application to the Attorney General that— (1) contains a re-entry strategic plan, which describes the long-term strategy, and a detailed implementation schedule, including the jurisdiction’s plans to pay for the program after the Federal funding is discontinued;
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(2) identifies the governmental agencies and community and faith-based organizations that will be coordinated by, and collaborate on, the applicant’s prisoner re-entry strategy and certifies their involvement; and (3) describes the methodology and outcome measures that will be used in evaluating the program. (e) Priority consideration
The Attorney General shall give priority to grant applications that best— (1) focus initiative on geographic areas with a substantiated high population of ex-offenders; (2) include partnerships with community-based organizations, including faith-based organizations; (3) provide consultations with crime victims and former incarcerated prisoners and their families;
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(4) review the process by which the State adjudicates violations of parole or supervised release and consider reforms to maximize the use of graduated, community-based sanctions for minor and technical violations of parole or supervised release; (5) establish pre-release planning procedures for prisoners to ensure that a prisoner’s eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and Veterans benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that prisoners are provided with referrals to appropriate social and health services or are linked to appropriate community-based organizations;
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and (6) target high-risk offenders for re-entry programs through validated assessment tools. (f) Condition of funding
As a condition of receiving a grant under this section, a State must agree to— (1) establish a process to identify and review existing State laws, regulations, and rules that impose restrictions or occupational disqualifications on people with criminal convictions and to consider modifications of such laws, regulations, and rules to ensure that each such restriction or disqualification bears a substantial relationship to the nature of the conduct that resulted in the criminal conviction;
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(2) afford members of the public an opportunity to participate in the process described in the preceding paragraph; (3) establish a meaningful and accessible process to enable people with criminal convictions to regain their civil rights and privileges if they have led a law-abiding life following release from prison; (4) review the process by which the State adjudicates violations of parole or supervised release and consider reforms to maximize the use of graduated, community-based sanctions for minor and technical violations of parole or supervised release; (5) review the State’s correctional policies and expenditures to maximize the use of community-based corrections for non-violent offenders;
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(6) establish pre-release planning procedures for State prisoners to ensure that a prisoner’s eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and Veterans benefits) upon release is established prior to release, subject to any limitations in law; and (7) maintain existing State funding for prisoner re-entry activities.
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(g) Uses of Grant funds
(1) Federal share
The Federal share of a grant received under this section may not exceed 75 percent of the project funded under the grant, unless the Attorney General— (A) waives, in whole or in part, the requirement of this paragraph; and (B) publicly delineates the rationale for the waiver. (2) Supplement not supplant
Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for the activities funded under this section.
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(h) Reentry strategic plan
(1) As a condition of receiving financial assistance under this section, each applicant shall develop a comprehensive strategic re-entry plan that contains measurable annual and 5- to 10-year performance outcomes. The plan shall have as a goal to reduce significantly the rate of recidivism of formerly incarcerated persons within the State over a period of 5 years.
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(2) In developing re-entry plans under this subsection, applicants shall coordinate with communities and stakeholders, including experts in the fields of public safety, corrections, housing, health, education, employment, and members of community and faith-based organizations that provide re-entry services. (3) Each re-entry plan developed under this subsection shall measure the applicant’s progress toward increasing public safety by reducing rates of recidivism and enabling released offenders to transition successfully back into their communities.
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(i) Reentry Task Force
As a condition of receiving financial assistance under this section, each State or local government receiving a grant shall establish a Reentry Task Force or other relevant convening authority to examine ways to pool existing resources and funding streams to promote lower recidivism rates for returning prisoners and to minimize the harmful effects of incarceration on families and communities by collecting data and best practices in offender re-entry from demonstration grantees and other agencies and organizations. The task force or other authority shall be comprised of relevant State or local leaders, agencies, service providers, community-based organizations, or stakeholders.
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(j) Strategic performance outcomes
(1) Each applicant shall identify specific performance outcomes related to the long-term goals of increasing public safety and reducing recidivism. (2) The performance outcomes identified under paragraph (1) shall include, with respect to offenders released back into the community— (A) recommitment rates; (B) reduction in crime; (C) employment and education; (D) violations of conditions of supervised release; (E) child support; (F) housing; (G) drug and alcohol abuse; and (H) participation in mental health services.
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(3) States may also report on other activities that increase the success rates of offenders who transition from prison, such as programs that foster effective risk management and treatment programming, offender accountability, and community and victim participation. (4) Applicants should coordinate with communities and stakeholders about the selection of performance outcomes identified by the applicants and with the Department of Justice for assistance with data collection and measurement activities.
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(5) Each grantee shall submit an annual report to the Department of Justice that— (A) identifies the grantee’s progress toward achieving its strategic performance outcomes; and (B) describes other activities conducted by the grantee to increase the success rates of the re-entry population.
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(k) Performance measurement
(1) The Department of Justice shall, in consultation with the States— (A) identify primary and secondary sources of information to support the measurement of the performance indicators identified under this section; (B) identify sources and methods of data collection in support of performance measurement required under this section; (C) provide to all grantees technical assistance and training on performance measures and data collection for purposes of this section; and (D) coordinate with the Substance Abuse and Mental Health Services Administration on strategic performance outcome measures and data collection for purposes of this section relating to substance abuse and mental health.
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(2) The Department of Justice shall coordinate with other Federal agencies to identify national sources of information to support State performance measurement. (l) Future eligibility
To be eligible to receive a grant under this section for fiscal years after the first receipt of such a grant, a State shall submit to the Attorney General such information as is necessary to demonstrate that, with respect to the comprehensive strategic re-entry plan developed by the State pursuant to subsection (h)— (1) the public has been afforded an opportunity to provide input in the development of the plan;
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(2) the plan includes performance measures to assess the State’s progress toward increasing public safety by reducing rates of recidivism and enabling released offenders to transition successfully into their communities; and (3) the State will coordinate with communities and stakeholders about the selection and implementation of performance outcome measures and with the Department of Justice for assistance with data collection and measurement activities.
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(m) National Adult and Juvenile Offender Reentry Resource Center
(1) The Attorney General may, using amounts made available to carry out this subsection, make a grant to an eligible organization to provide for the establishment of a National Adult and Juvenile Offender Reentry Resource Center. (2) An organization eligible for the grant under paragraph (1) is any national nonprofit organization approved by the Federal task force established under the Second Chance Act of 2004 that represents, provides technical assistance and training to, and has special expertise and broad, national-level experience in offender re-entry programs, training, and research.
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(3) The organization receiving the grant shall establish a National Adult and Juvenile Offender Reentry Resource Center to— (A) provide education, training, and technical assistance for States, local governments, service providers, faith based organizations, and corrections institutions; (B) collect data and best practices in offender re-entry from demonstration grantees and others agencies and organizations; (C) develop and disseminate evaluation tools, mechanisms, and measures to better assess and document coalition performance measures and outcomes; (D) disseminate knowledge to States and other relevant entities about best practices, policy standards, and research findings;
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(E) develop and implement procedures to assist relevant authorities in determining when release is appropriate and in the use of data to inform the release decision; (F) develop and implement procedures to identify efficiently and effectively those violators of probation or parole who should be returned to prison and those who should receive other penalties based on defined, graduated sanctions; (G) collaborate with the Federal task force established under the Second Chance Act of 2004 and the Federal Resource Center for Children of Prisoners; (H) develop a national research agenda; and (I) bridge the gap between research and practice by translating knowledge from research into practical information.
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(4) Of amounts made available to carry out this section, not more than 4 percent shall be available to carry out this subsection.
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(n) Administration
Of amounts made available to carry out this section, not more than 2 percent shall be available for administrative expenses in carrying out this section.. (d) Authorization of appropriations
Such section is further amended in paragraph (1) of subsection (o) (as redesignated by subsection (c)) by striking and $16,000,000 for fiscal year 2005 and inserting and $75,000,000 for each of fiscal years 2005 through 2008. 102.
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Improved re-entry procedures for Federal prisoners
(a) General re-entry procedures
The Attorney General shall take such steps as are necessary to modify existing procedures and policies to enhance case planning and to improve the transition of persons from the custody of the Bureau of Prisons to the community, including placement of such individuals in community corrections facilities.
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(b) Procedures regarding benefits
The Director of the Bureau of Prisons shall establish pre-release planning procedures for Federal prisoners to ensure that a prisoner’s eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and Veterans benefits) upon release is established prior to release, subject to any limitations in law.
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(c) Procedures regarding children of incarcerated parents
The Director of the Bureau of Prisoners shall— (1) collect information regarding the dependent children of an incarcerated person as part of standard intake procedures, including the number, age, and residence of such children; (2) review all policies, practices, and facilities to ensure that they support the relationship between parent and child; and (3) identify the training needs of staff with respect to the effect of incarceration on children, families, and communities, age-appropriate interactions, and community resources for the families of incarcerated persons. 103.
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Task force on Federal programs and activities relating to reentry of offenders
(a) Task force established
There is established in the executive branch an interagency task force on Federal programs and activities related to the re-entry of former prisoners into the community. The Attorney General shall chair the task force, whose members shall consist of the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, and the heads of such other government departments or agencies as the Attorney General deems appropriate.
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