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(b) Duties
The task force required by subsection (a) shall— (1) identify such programs and activities that may be resulting in overlapping or duplication of services, the scope of such overlapping or duplication, and the relationship of such overlapping and duplication to public safety, public health, and effectiveness and efficiency; (2) identify methods to improve collaboration and coordination of such programs and activities; (3) identify areas of responsibility in which improved collaboration and coordination of such programs and activities would result in increased effectiveness or efficiency; (4) develop innovative interagency or intergovernmental programs, activities,
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or procedures that would improve outcomes of reentering offenders and children of offenders; (5) develop methods for increasing regular communication that would increase interagency program effectiveness; (6) identify areas of research that can be coordinated across agencies with an emphasis on applying science-based practices to support, treatment, and intervention programs for reentering offenders; (7) identify funding areas that should be coordinated across agencies and any gaps in funding; and (8) identify successful programs currently operating and collect best practices in offender re-entry from demonstration grantees and other agencies and organizations, determine the extent to which such programs and practices can be replicated,
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and make information on such programs and practices available to States, localities, community-based organizations, and others. (c) Report
Not later than 1 year after the date of the enactment of this Act, the task force established by subsection (a) shall submit to Congress a report on legal barriers to successful prisoner re-entry. The task force shall provide for public input in preparing the report.
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The report shall identify all such barriers in Federal law and those that are common features of State law, analyze the effect of such barriers on prisoners and their families, and propose modifications to Federal law to ensure that such barriers are narrowly tailored and do not unnecessarily hinder successful prisoner re-entry. Among the issues the report shall address are the following: (1) Policies related to the admission and eviction of former prisoners and their families in public housing programs.
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(2) Eligibility criteria for Federal benefit programs (including Medicaid, Medicare, Social Security, and Veterans benefits) that limit the ability of former prisoners to obtain eligibility immediately upon release from prison. (3) Eligibility for welfare benefits. (4) The consideration of parental incarceration in terminating parental rights under the Adoption and Safe Families Act of 1997. (5) The ineligibility of prisoners for education loans. (6) Felon disenfranchisement laws. (7) Federal statutory protections against employment discrimination based on criminal record.
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(d) Annual reports
On an annual basis, the task force required by subsection (a) shall submit to Congress a report on the activities of the task force, including specific recommendations of the task force on matters referred to in subsection (b). 104. Offender re-entry research
(a) National Institute of Justice
From amounts made available to carry out this Act, the National Institute of Justice shall conduct research on offender re-entry, including— (1) a study identifying the number and characteristics of children who have had a parent incarcerated and the likelihood of these minors becoming involved in the criminal justice system some time in their lifetime;
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(2) a study identifying a mechanism to compare rates of recidivism (including re-arrest, violations of parole and probation, and re-incarceration) among States; and (3) a study on the population of individuals released from custody who do not engage in recidivism and the characteristics (housing, employment, treatment, family connection) of that population. (b) Bureau of Justice Statistics
From amounts made available to carry out this Act, the Bureau of Justice Statistics may conduct research on offender re-entry, including— (1) an analysis of special populations, including prisoners with mental illness or substance abuse disorders,
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female offenders, juvenile offenders, and the elderly, that present unique re-entry challenges; (2) studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety; (3) annual reports on the profile of the population coming out of prisons, jails, and juvenile justice facilities; (4) a national recidivism study every three years; and (5) a study of parole violations and revocations. 105.
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Use of violent offender truth-in-sentencing Grant funding for demonstration project activities
Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C.
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13702(a) ) is amended— (1) in paragraph (2) by striking and at the end; (2) in paragraph (3) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) to carry out any activity referred to in section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w(b) ).. 106.
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State and local reentry courts
(a) In general
Part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w et seq. ) is amended by inserting at the end the following: 2979.
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State and local reentry courts
(a) Grants authorized
The Attorney General shall award grants of not more than $500,000 to— (1) State and local courts; or (2) State agencies, municipalities, public agencies, nonprofit organizations, and tribes that have agreements with courts to take the lead in establishing a re-entry court. (b) Use of funds
Grant funds awarded under this section shall be administered in accordance with the guidelines, regulations, and procedures promulgated by the Attorney General, and may be used to— (1) monitor offenders returning to the community;
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(2) provide returning offenders with— (A) drug and alcohol testing and treatment; and (B) mental and medical health assessment and services; (3) convene community impact panels, victim impact panels, or victim impact educational classes; (4) provide and coordinate the delivery of other community services to offenders, including— (A) housing assistance; (B) education; (C) employment training; (D) conflict resolution skills training; (E) batterer intervention programs; and (F) other appropriate social services; and (5) establish and implement graduated sanctions and incentives.
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(c) Application
Each eligible entity desiring a grant under this section shall, in addition to any other requirements required by the Attorney General, submit an application to the Attorney General that— (1) describes a long-term strategy and detailed implementation plan, including how the entity plans to pay for the program after the Federal funding ends; (2) identifies the governmental and community agencies that will be coordinated by this project; (3) certifies that— (A) there has been appropriate consultation with all affected agencies, including existing community corrections and parole entities;
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and (B) there will be appropriate coordination with all affected agencies in the implementation of the program; and (4) describes the methodology and outcome measures that will be used in evaluation of the program. (d) Matching requirement
The Federal share of a grant received under this section may not exceed 75 percent of the costs of the project funded under this section unless the Attorney General— (1) waives, wholly or in part, this matching requirement; and (2) publicly delineates the rationale for the waiver.
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(e) Annual report
Each grantee under this section shall submit to the Attorney General, for each fiscal year in which funds from a grant received under this part is expended, a report, at such time and in such manner as the Attorney General may reasonably require, that contains— (1) a summary of the activities carried out under the 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.
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(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 available 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 administrative expenses; and (B) not more than 5 percent nor less than 2 percent may be used for technical assistance and training.. 2979.
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State and local reentry courts
(a) Grants authorized
The Attorney General shall award grants of not more than $500,000 to— (1) State and local courts; or (2) State agencies, municipalities, public agencies, nonprofit organizations, and tribes that have agreements with courts to take the lead in establishing a re-entry court. (b) Use of funds
Grant funds awarded under this section shall be administered in accordance with the guidelines, regulations, and procedures promulgated by the Attorney General, and may be used to— (1) monitor offenders returning to the community;
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(2) provide returning offenders with— (A) drug and alcohol testing and treatment; and (B) mental and medical health assessment and services; (3) convene community impact panels, victim impact panels, or victim impact educational classes; (4) provide and coordinate the delivery of other community services to offenders, including— (A) housing assistance; (B) education; (C) employment training; (D) conflict resolution skills training; (E) batterer intervention programs; and (F) other appropriate social services; and (5) establish and implement graduated sanctions and incentives.
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(c) Application
Each eligible entity desiring a grant under this section shall, in addition to any other requirements required by the Attorney General, submit an application to the Attorney General that— (1) describes a long-term strategy and detailed implementation plan, including how the entity plans to pay for the program after the Federal funding ends; (2) identifies the governmental and community agencies that will be coordinated by this project; (3) certifies that— (A) there has been appropriate consultation with all affected agencies, including existing community corrections and parole entities;
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and (B) there will be appropriate coordination with all affected agencies in the implementation of the program; and (4) describes the methodology and outcome measures that will be used in evaluation of the program. (d) Matching requirement
The Federal share of a grant received under this section may not exceed 75 percent of the costs of the project funded under this section unless the Attorney General— (1) waives, wholly or in part, this matching requirement; and (2) publicly delineates the rationale for the waiver.
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(e) Annual report
Each grantee under this section shall submit to the Attorney General, for each fiscal year in which funds from a grant received under this part is expended, a report, at such time and in such manner as the Attorney General may reasonably require, that contains— (1) a summary of the activities carried out under the 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.
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(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 available 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 administrative expenses; and (B) not more than 5 percent nor less than 2 percent may be used for technical assistance and training. 107.
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Federal Enhanced In-Prison Vocational Assessment 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 pursuant 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 programming; and (D) other components, as appropriate, to prepare Federal prisoners for release and re-entry into the community.
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(b) Project duration
(1) In general
The project under this section 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.
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(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 describes the progress of the demonstration project established pursuant to subsection (a), to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.
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(2) Final report
Not later than 1 year after the end of the demonstration project established 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 Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. 201.
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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 election. (b) Enforcement
(1) Attorney General
The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this section.
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(2) Private right of action
(A) A person who is aggrieved by a violation 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 subparagraph (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 action obtain declaratory or injunctive relief with respect to the violation.
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(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.
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(c) Definitions
For purposes of this section— (1) the term correctional institution or facility means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals 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 ).
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(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 established by this section. (2) The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this section shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. )
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or the National Voter Registration Act (42 U.S.C. 1973–gg). 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 following: (2) (A) Notwithstanding paragraph (1),
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an unlawful employment practice based on disparate impact is established 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 origin; and (ii) the respondent fails to demonstrate that the challenged practice is consistent with business necessity.
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(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 involved; and (iii) the nature of the employment position held or sought.. 203.
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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. 204. Reform of student financial assistance
(a) Suspension of student loan eligibility for drug-related offense only if offense committed during period of enrollment
Section 484(r)(1) of the Higher Education Act of 1965 ( 20 U.S.C.
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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 Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period 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:.
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(b) Pell grants for incarcerated individuals
Section 401(b)(8) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(8) ) is amended to read as follows: (8) Incarcerated individuals
(A) In general
Except as provided in subparagraph (B), no Federal Pell Grant shall be awarded under this subpart to any individual who is incarcerated in any Federal or State penal institution.
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(B) Eligibility for pell Grant
(i) In general
Notwithstanding subparagraph (A), an individual who is incarcerated 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 release 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.
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(ii) Limitations on eligibility
No Federal Pell Grant shall be awarded to an incarcerated 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 appropriations Act for this subpart in any fiscal year;
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(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 institution who are incarcerated exceeds 10 percent of such institution’s student body.
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(iii) Special rule
Funds transmitted pursuant to this subparagraph shall be transferred directly to the institution of higher education 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.. 205. Reform of one strike mandatory eviction
(a) United States Housing Act of 1937
Section 6(k) of the United States Housing Act of 1937 ( 42 U.S.C.
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1437d(k) ) is amended— (1) by striking (k) The Secretary shall and inserting the following: (k) Review of eviction and denials of tenancy
(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 ;
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and (4) by adding at the end the following: (3) Mitigating circumstances and innocent owner
(A) Mitigating circumstances
In determining whether to evict a tenant, terminate a tenancy, or deny an application for tenancy 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.
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(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 person who has been convicted of a criminal offense.. (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 ;
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and (ii) in paragraph (2)— (I) by striking any household and inserting any person ; and (II) by striking household member 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 household 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 ;
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(C) by redesignating subsection (d) as subsection (e); and (D) by adding at the end the following: (d) Review of denial of application
(1) Review of denial
The denial of an application 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) ).
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(2) Innocent applicants
Nothing in this section shall allow for the denial of an application based solely on the familial relationship of an applicant to a person who has a criminal conviction or is otherwise in violation of this section.. (2) Termination of tenancy and assistance for illegal drug users and alcohol abusers in federally assisted housing
Section 577 of the Quality Housing and Work Responsibility Act of 1998 ( 42 U.S.C. 13662 ) is amended— (A) in subsection (a), by striking household with a member and inserting person ;
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(B) in subsection (b)— (i) by striking household based and inserting person based ; (ii) by striking by a household member and inserting by that person ; and (iii) by striking such household member 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 person 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) ).
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(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) 42 U.S.C.
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1437f(d)(1)(B)(iii) ), and 8(o)(7)(D) ( 42 U.S.C.
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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 tenant’s household, or any guest or other person under the tenant’s control was the victim of criminal activity. 206.
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Amendment to the Adult Education and Family Literacy Act to remove restriction 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 striking , of which not more than 10 percent and inserting , of which not less than 10 percent. 207.
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Clarification of authority to place prisoner 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 community corrections facility,.
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(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.
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In addition, this subsection authorizes the Bureau of Prisons to place a prisoner in home confinement during the last 10 percent of the term of imprisonment, not to exceed 6 months.. 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.
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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 application for, or receipt of, welfare assistance or benefits.
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(b) Effective date
The amendments made by subsection (a) shall take effect on December 31, 2004. 209. Reform of provisions that limit family reunification after prison
(a) Consideration of parental incarceration
(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 ;
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and (C) by adding at the end the following: (H) (i) the State may extend the time limits 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 recent 22 months, if 1 of the parents is incarcerated 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,
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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 reunify families
(1) In general
Section 471(a)(15) of title IV of the Social Security Act ( 42 U.S.C. 671(a)(15) ) is amended— (A) in subparagraph (B), by striking subparagraph (D) and inserting subparagraph (E) ;
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(B) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively; (C) by inserting after subparagraph (B) the following new subparagraph (C): (C) when applied to parents incarcerated for crimes unrelated to the abuse of a child, reasonable efforts to preserve and unify families includes— (i) coordinating visitation between the child, unless such contact is found by a court to be contrary to the child’s best interest, including transporting the child to visits where other means of transportation are unavailable;
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(ii) giving preference to family members when placing a child in foster care absent a finding of unfitness; (iii) coordinating the receipt of transitional services upon release from incarceration when return of custody to the parent will be impossible without such services; (iv) providing the incarcerated parent with the opportunity to participate in planning meetings and hearings concerning the child, unless prohibited by the institution in which the parent is incarcerated; and (v) providing a means of communication, such as acceptance of collect telephone calls, between the incarcerated parent and the agency,
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and between the incarcerated parent and child unless such contact is found by a court to be contrary to the child’s best interest; ; and (D) in subparagraph (F), as so redesignated, by striking subparagraph (D) and inserting subparagraph (E). (2) Conforming amendment
Section 475(5)(E)(iii) of title IV of the Social Security Act ( 42 U.S.C.
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675(5)(E)(iii) ) is amended by striking section 471(a)(15)(B)(ii) and inserting subparagraphs (B)(ii) and (C) of section 471(a)(15). (c) Protecting the Parental Rights of Incarcerated Parents
Section 475(5)(E) of title IV of the Social Security Act ( 42 U.S.C.
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675(5)(E) ) is amended— (1) by striking or at the end of clause (ii); (2) by inserting or at the end of clause (iii); and (3) by adding at the end the following new clause: (iv) the parent has been unable to retain custody of the child due to an incarceration unrelated to the abuse of a child, has not evinced an intent to abandon the child prior to incarceration, and is sentenced to, or will be eligible for parole in, five years or less;.
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(d) Elimination of age requirement for relative caregiver under national family caregiver support program
Section 372 of the National Family Caregiver Support Act (part E of title III of the Older Americans Act of 1965 ; 42 U.S.C. 3030s ) is amended in paragraph (3) by striking who is 60 years of age or older and— and inserting who—. 210. State medicaid plan requirement to ensure restoration of coverage for eligible individuals upon release from confinement
(a) In general
Section 1902(a) of the Social Security Act ( 42 U.S.C.
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1396a(a) ), as amended by section 236(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended— (1) by striking and at the end of paragraph (66); (2) by striking the period at the end of paragraph (67) and inserting ; and ; and (3) by inserting after paragraph (67) the following new paragraph: (68) provide for a process whereby an individual confined to a jail, prison, penal institution, or correctional facility,
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or to any other State or local institution a purpose of which is to confine individuals as described in section 202(x)(1)(A)(ii), may obtain and submit an application for medical assistance within such time prior to the termination of the individual’s period of confinement as will allow, to the maximum extent possible, for the eligibility of an individual who would be determined to be eligible for medical assistance to be effective upon the termination of such period of confinement. (b) Effective date
The amendments made by subsection (a) shall take effect on June 31, 2005. 211.
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Reform of supervised release
(a) No mandatory revocation for possession of Controlled Substance
Subsection (g) of section 3583 of title 18, United States Code, is amended— (1) in the subsection heading, by striking Controlled Substance or ; (2) by striking paragraph (1); and (3) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. (b) Technical violations
Section 3583 of title 18, United States Code,
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is further amended by adding at the end the following new subsection: (l) Technical violations of supervised release
(1) In general
Following revocation of supervised release for a technical violation, the court shall impose a community-based sanction and shall not impose a term of imprisonment unless it finds that— (A) the defendant was previously subject to more than one community-based sanction, graduated in severity; (B) the defendant thereafter did not abide by the terms of supervised release; and (C) no additional community-based sanction is likely to cause the defendant to abide by the terms of supervised release.
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(2) Informal process
A defendant facing revocation of supervised release for a technical violation may temporarily waive the right to formal adjudication of the violation and agree to participate in an informal process under which a probation officer may impose graduated community-based sanctions for technical violations. If a defendant abides by the terms of supervised release for a six-month period following the commencement of such an informal process, the petition for revocation of supervised release shall be dismissed.
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(3) Definitions
In this subsection— (A) the term technical violation means conduct that does not constitute a new crime, except that possession of a controlled substance shall be treated as a technical violation; and (B) the term community-based sanction means a sanction other than imprisonment that permits the defendant to remain in the community under continued supervised release, which may include commitment to a community correction facility, a requirement that the defendant obtain drug treatment or other social service, electronic monitoring, or other form of intensive supervision.
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(4) Sentencing commission
The United States Sentencing Commission shall amend its existing policy statements regarding revocation of supervised release so as to be consistent with this subsection. (5) Probation service
The Federal Probation Service shall publish annually an analysis of cases involving the revocation of supervised release, including the number of violations of supervised release that constitute technical violations, the number of technical violations that involve possession of a controlled substance, and the disposition of violations of supervised release by category.. 212.
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Grants to study parole violations and revocations
(a) Grants authorized
From amounts made available to carry out this section, the Attorney General may award grants to States to study, and to improve the collection of data with respect to, individuals whose parole is revoked and which such individuals represent the greatest risk to community safety. (b) Application
As a condition of receiving a grant under this section, a State shall— (1) certify that the State has, or intends to establish, a program that collects comprehensive and reliable data with respect to individuals described in subsection (a),
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including data on— (A) the number and type of parole violations that occur within the State; (B) the reasons for parole revocation; (C) the underlying behavior that led to the revocation; and (D) the term of imprisonment or other penalty that is imposed for the violation; and (2) provide the data described in paragraph (1) to the Bureau of Justice Statistics, in a form prescribed by the Bureau. (c) Authorization of appropriations
There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2005 and 2006.
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213. Residential substance abuse treatment programs
(a) Improvement of the residential substance abuse treatment for State prisoners program
(1) Definition
Section 1902 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C.
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3796ff–1 ) is amended by redesignating subsections (c) through (f) as subsections (d) through (g), respectively, and by inserting after subsection (b) the following new subsection: (c) Residential substance abuse treatment
The term residential substance abuse treatment means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population. This can include the use of pharmacotherapies, where appropriate, that may extend beyond the 6-month period.
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(2) Requirement for after care component
Section 1902 of such Act is further amended in subsection (d) (as redesignated by subsection (a)) is amended— (A) in the subsection heading, by striking Eligibility for Preference With After Care Component and inserting Requirement for After Care Component ; (B) by amending paragraph (1) to read as follows: (1) To be eligible for funding under this part, a State must ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this part will be provided with aftercare services.
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and (C) by adding at the end the following new paragraph: (4) Aftercare services required by this subsection shall be funded by the funding provided in this part. (b) Residential drug abuse program in Federal prisons
Section 3621(e)(5)(A) of title 18, United States Code, is amended by striking means a course of and all that follows through the semicolon at the end and inserting the following: means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population,
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which may include the use of pharmacotherapies, where appropriate, that may extend beyond the 6-month period;
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1. Name of department of veterans affairs outpatient clinic, peoria, illinois
The Department of Veterans Affairs outpatient clinic located in Peoria, Illinois, shall after the date of the enactment of this Act be known and designated as the Bob Michel Department of Veterans Affairs Outpatient Clinic. Any reference to such outpatient clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Bob Michel Department of Veterans Affairs Outpatient Clinic.
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1. Reauthorization of Atlantic Striped Bass Conservation Act
Section 7(a) of the Atlantic Striped Bass Conservation Act ( 16 U.S.C. 5156(a) ) is amended by striking 2001, 2002, and 2003 and inserting 2004, 2005, and 2006.
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1. Short title
This Act may be cited as the United Nations Oil-for-Food Accountability Act of 2004. 2. Findings
Congress finds the following: (1) Allegations have been raised of substantial fraud and corruption in the administration of the Office of the Iraq Oil-for-Food Program of the United Nations. (2) The United Nations received 2.2 percent of the proceeds of the sale of the oil exported from Iraq under the oil-for-food program, representing approximately $1,400,000,000, to fund the administrative costs of the program.
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(3) The General Accounting Office estimates that during the period from 1997 through 2002, the former Iraqi regime received $10,100,000,000 in illegal revenues from the oil-for-food program, including $5,700,000,000 received from oil smuggled out of Iraq and $4,400,000,000 received from surcharges on oil sales and illicit commissions from suppliers exporting goods to Iraq.
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(4) Any illicit activity by United Nations officials, personnel, agents, or contractors, including entities that have entered into contracts under the oil-for-food program, is unacceptable and should be thoroughly investigated. (5) Documents in the files of the former Oil Ministry of Iraq indicate that Benon Sevan, the Executive Director of the oil-for-food program, and other senior United Nations officials may have been connected to an illicit scheme in which approximately 270 prominent foreign officials, business people, and political entities received the right to trade in Iraqi oil at below-market prices.
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(6) On April 21, 2004, the United Nations Security Council adopted Resolution 1538, which established a high-level inquiry into allegations regarding the administration of the oil-for-food program. The inquiry will be led by Paul Volcker, but the investigators will not have subpoena power. (7) The ability and credibility of the United Nations Security Council to act in matters of war and peace is threatened by the alleged influence of politically connected individuals, companies, and institutions of the permanent member states who received Iraqi oil contracts.
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(8) The ability and credibility of the United Nations to convey legitimacy to the new Government of Iraq and assist in the reconstruction of postwar Iraq is hampered by these allegations of United Nations corruption and mismanagement in the oil-for-food program. 3. Oil-for-food program defined
In this Act, the term oil-for-food program means the program established and administered pursuant to United Nations Security Council Resolution 986 (April 14, 1995) and subsequent United Nations resolutions to permit the sale of petroleum products exported from Iraq and to use the revenue generated from such sale for humanitarian assistance. 4.
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Payment of United States contributions for United Nations regular budget contingent upon Presidential certification of United Nations cooperation
(a) Withholding of portion of assessed contributions
Until the President submits to Congress a certification that satisfies the requirements described in subsection (b), amounts shall be withheld from amounts appropriated for contributions to international organizations as follows: (1) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2005, 10 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year.
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(2) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2006, 20 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (b) Certification
The certification referred to in subsection (a) is a certification made by the President to Congress that— (1) the United Nations has in effect procedures that provide the General Accounting Office access to all documents relating to the oil-for-food program so that the Comptroller General may perform nationally mandated reviews of United Nations operations;
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(2) the United Nations Secretary General has formally confirmed that the United Nations will not assert the inviolability of United Nations papers and internal records that concern the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program; (3) the United Nations Secretary General has authorized the release to the law enforcement authorities of any member state of the United Nations authentic copies of any document in the possession of the United Nations, including any document in the possession of a person who was engaged on a contract basis to provide goods or services to the United Nations,
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that in the judgment of the requesting authority directly or indirectly concerns the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program upon request by such law enforcement authority; (4) the United Nations has waived any immunity enjoyed by any United Nations official from the judicial process in the United States for any civil or criminal acts or omissions under Federal or State law that may have transpired within the jurisdiction of the United States in connection with the oil-for-food program;
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and (5) any United Nations official who benefitted financially from the oil-for-food program has reimbursed the Government of Iraq and any other entity affected by the illicit activity of such official the full amount that such official improperly received from the oil-for-food program.
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1. Compensation of Certain Losses for the Heirs of Henry D. Espy of St.
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Louis, Missouri
(a) Definition
In this section, the term heirs of Henry D. Espy means Mary Espy, Mary Espy Rhodes Hoover, Frances Espy Rankin, Jeannette Espy Burton, Mark Espy, Damon Espy, Jamisette Espy, Ashley Espy, Luke Espy, Reuben Gresham, Melanie Espy, Jasmine Espy, Jake Espy, Jeanne Hoover, Robert Hoover, Harold Logan, Andrew Logan, Minda Logan, Andrew Logan II, Gabrielle Logan, Justin Logan, and Randall Rhodes Logan.
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(b) Payment
The Secretary of the Treasury shall pay, using funds in the Treasury not otherwise appropriated, to the heirs of Henry D. Espy of St.
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Louis, Missouri, as their interests may appear, an amount equal to the difference between— (1) the fair market value of land owned by Henry D. Espy located in Gifford, Indian River County, Florida, that was taken by the United States in an eminent domain proceeding in 1942, as determined by an appraisal satisfactory to the Secretary and the heirs of Henry D. Espy; and (2) sums already paid by the United States to Henry D. Espy in connection with such taking.
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(c) Settlement
The payment under subsection (b) shall be in full settlement of all claims of the heirs of Henry D. Espy arising from the 1942 taking referred to in such subsection. (d) No Inference of Liability
Nothing in this section shall be construed as an inference of liability on the part of the United States. (e) Limitation on Agents’ and Attorneys’ Fees
Any contract to the contrary notwithstanding, no more than ten percent of the payment required by subsection (b) may be paid to or received by any agent or attorney for services rendered in connection with obtaining such payment.
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Any person who violates this subsection shall be guilty of a misdemeanor and shall be subject to a fine in the amount provided in title 18, United States Code.
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1. Findings
The Congress finds that— (1) the United States owes a debt to those men and women who have lost their lives or have become completely and permanently disabled in the line of duty while defending the Nation in the war on terrorism; (2) the United States owes a debt to the families of these fallen heroes for their sacrifices; and (3) one way to begin repaying this debt would be to ensure that the children of these fallen heroes have access to higher education. 2.
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Deduction of education costs of veterans’ survivors and dependents
(a) In general
Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224.
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