[Congressional Record Volume 157, Number 88 (Monday, June 20, 2011)]
[Senate]
[Pages S3925-S3933]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LEAHY (for himself and Mr. Portman):
  S. 1231. A bill to reauthorize the Second Chance Act of 2007; to the 
Committee on the Judiciary.

[[Page S3926]]

  Mr. LEAHY. Mr. President, I am pleased today to join with Senator 
Portman to introduce the bipartisan Second Reauthorization Act. This 
bill builds on recent successes and takes important new steps to ensure 
that people coming out of prison have the opportunity to turn their 
lives around, rather than returning to a life of crime. That saves 
taxpayer money and makes us all safer.
  This important legislation improves Federal reentry policy and 
authorizes assistance to collaborations between state and local 
corrections agencies, nonprofits, educational institutions, service 
providers, and families to ensure that offenders released into society 
have the resources and support they need to become contributing members 
of the community. The reauthorization bill builds on the success of the 
Second Chance Act by continuing, improving, and consolidating its 
programs.
  Four years ago, I joined with then-Senators Biden, Specter, and 
Brownback as an original cosponsor of the Second Chance Act, and I was 
pleased to help move that legislation through the Senate. The Senate 
recognized the value of the Second Chance Act when, after a great deal 
of work and compromise, the bill passed unanimously. I hope this 
reauthorization bill receives the same bipartisan support.
  In the past few decades, Congress and the states have passed new 
criminal laws creating more and longer sentences for more crimes. As a 
result, this country sends even more people to prison every year, 
costing millions and millions of dollars. There are currently over 2 
million people in jail or prison, and more than 13 million people spend 
some time in jail or prison each year. Most of these people will at 
some point return to our communities.
  Last July, I chaired a hearing on the Second Chance Act, and the 
Committee heard about the great strides many states are making with 
innovative prisoner reentry programs. Commissioner Andrew Pallito from 
the Vermont Department of Corrections testified and shared with us his 
experience with reentry programs in Vermont. The Vermont Department of 
Corrections and many others in Vermont have strongly supported the 
Second Chance Act, which gives me confidence that it represents an 
important step in making our country safer.
  The Second Chance Act authorized grants for key reentry programs and 
required that these programs demonstrate measurable positive results, 
including a reduction in recidivism. Preliminary studies show that 
these programs are already working well.
  The reauthorization bill that we propose today improves, consolidates 
and reauthorizes the state and local government grant programs created 
by the Second Chance Act. It is intended to ensure that funding is 
available for planning and implementation of key reentry projects so 
that evidence-based methodology is employed to ensure meaningful 
reductions in recidivism rates. It is designed to ensure that all 
states have the opportunity to develop and benefit from these important 
programs.
  The bill also consolidates several programs that were underutilized 
into one grant program with multiple purposes. This will ensure that 
Federal dollars are effectively spent on programs that link probation 
with swift and certain enforcement, like the very successful HOPE 
program in Hawaii.
  The Second Chance Act authorized research into educational methods 
used in prisons and jails. This reauthorization bill asks the Attorney 
General to review that research and establish best practices for prison 
education. It then reallocates the authorized funds previously used for 
research into a grant program to implement these best practices in 
prisons and jails. The bill also adds nonprofit organizations as 
eligible grant recipients for programs promoting family-based substance 
abuse treatment.
  This legislation makes modest improvements to Federal reentry policy 
that have the added benefit of reducing Bureau of Prison costs. It 
continues the successful Elderly and Family Reunification for Certain 
Non Violent Offenders Pilot Program and modestly expands the pool of 
inmates eligible to apply for the program. More than 60 inmates have 
now participated in this program, and not a single one has reoffended.
  The bill also creates an incentive for inmates to participate in 
rigorous recidivism reduction programming by awarding a credit of up 60 
days per year toward completion of their sentence for participation in 
such programs. The incentive is modeled on that currently awarded for 
successful participation in residential drug abuse treatment programs.
  Finally, the Second Chance Reauthorization Act promotes 
accountability by requiring periodic audits of grantees to ensure that 
Federal dollars are responsibly spent. Grantees with problematic audits 
will not be eligible for funding in future years.
  As a former prosecutor, I believe strongly in securing tough and 
appropriate prison sentences for people who break our laws. But it is 
also important that we do everything we can to ensure that when these 
people get out of prison, they enter our communities as productive 
members of society, so we can start to reverse the dangerous cycle of 
recidivism and violence. The Second Chance Reauthorization Act will 
help break this cycle.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1231

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Second Chance 
     Reauthorization Act of 2011''.

     SEC. 2. IMPROVEMENTS TO EXISTING PROGRAMS.

       (a) Reauthorization of Adult and Juvenile Offender State 
     and Local Demonstration Projects.--Section 2976 of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3797w) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Grant Authorization.--The Attorney General shall make 
     grants to States, local governments, territories, or Indian 
     tribes, or any combination thereof (in this section referred 
     to as an `eligible entity'), in partnership with 
     stakeholders, services providers, and nonprofit organizations 
     for the purpose of strategic planning and implementation of 
     adult and juvenile offender reentry projects.'';
       (2) by striking subsections (d), (e), and (f) and inserting 
     the following:
       ``(d) Combined Grant Application.--The Attorney General 
     shall develop a procedure to allow applicants to submit a 
     single application for a planning grant under subsection (e) 
     and an implementation grant under subsection (f).
       ``(e) Planning Grants.--
       ``(1) In general.--Except as provided in paragraph (3), the 
     Attorney General may make a grant to an eligible entity of 
     not more than $75,000 to develop a strategic, collaborative 
     plan for an adult or juvenile offender reentry demonstration 
     project as described in subsection (h) that includes--
       ``(A) a budget and a budget justification;
       ``(B) a description of the outcome measures that will be 
     used to measure the effectiveness of the program in promoting 
     public safety and public health;
       ``(C) the activities proposed;
       ``(D) a schedule for completion of the activities described 
     in subparagraph (C); and
       ``(E) a description of the personnel necessary to complete 
     the activities described in subparagraph (C).
       ``(2) Application.--
       ``(A) In general.--An eligible entity desiring a planning 
     grant under this subsection shall submit to the Attorney 
     General an application that shall include a commitment by the 
     applicant to partner with a local evaluator to identify and 
     analyze data that will--
       ``(i) enable the grantee to target the intended offender 
     population; and
       ``(ii) serve as a baseline for purposes of the evaluation.
       ``(B) Procedure.--The Attorney General shall develop a 
     procedure to evaluate the qualifications of a local evaluator 
     described in subparagraph (A).
       ``(3) Maximum total grants and minimum allocation.--
       ``(A) Maximum amount.--The Attorney General may not make 
     planning grants and implementation grants to 1 eligible 
     entity in a total amount that is more than a $1,000,000.
       ``(B) Minimum allocation.--Unless all eligible applications 
     submitted by a State, or unit of local government within such 
     State, for a planning grant have been awarded funds under 
     this section, the State, in combination with the all of the 
     grantees within the State (other than Indian tribes), shall 
     be allocated for each fiscal year not less than 0.75 percent 
     of the total amount appropriated in the fiscal year under 
     this section for planning and implementation grants.
       ``(4) Period of grant.--A planning grant made under this 
     subsection shall be for a period of 1 year, beginning on the 
     first day of the month in which the planning grant is made.

[[Page S3927]]

       ``(f) Implementation Grants.--
       ``(1) Applications.--An eligible entity desiring an 
     implementation grant under this subsection shall submit to 
     the Attorney General an application that--
       ``(A) contains a reentry strategic plan as described in 
     subsection (h), which describes the long-term strategy and 
     incorporates a detailed implementation schedule, including 
     the plans of the applicant to fund the program after Federal 
     funding is discontinued;
       ``(B) identifies the local government role and the role of 
     governmental agencies and nonprofit organizations that will 
     be coordinated by, and that will collaborate on, the offender 
     reentry strategy of the applicant, and certifies the 
     involvement of such agencies and organizations;
       ``(C) describes the evidence-based methodology and outcome 
     measures that will be used to evaluate the program funded 
     with a grant under this subsection, and specifically explains 
     how such measurements will provide valid measures of the 
     impact of that program; and
       ``(D) describes how the project could be broadly replicated 
     if demonstrated to be effective.
       ``(2) Requirements.--The Attorney General may make a grant 
     to an applicant under this subsection only if the 
     application--
       ``(A) reflects explicit support of the chief executive 
     officer of the State, unit of local government, territory, or 
     Indian tribe applying for a grant under this subsection;
       ``(B) provides extensive discussion of the role of State 
     corrections departments, community corrections agencies, 
     juvenile justice systems, or local jail systems in ensuring 
     successful reentry of offenders into their communities;
       ``(C) provides extensive evidence of collaboration with 
     State and local government agencies overseeing health, 
     housing, child welfare, education, substance abuse, victims 
     services, and employment services, and with local law 
     enforcement agencies;
       ``(D) provides a plan for analysis of the statutory, 
     regulatory, rules-based, and practice-based hurdles to 
     reintegration of offenders into the community;
       ``(E) includes the use of a State, local, territorial, or 
     tribal task force, described in subsection (i), to carry out 
     the activities funded under the grant;
       ``(F) provides a plan for continued collaboration with a 
     local evaluator as necessary to meeting the requirements 
     under subsection (h); and
       ``(G) demonstrates that the applicant participated in the 
     planning grant process or engaged in comparable planning for 
     the reentry project.
       ``(3) Priority considerations.--The Attorney General shall 
     give priority to grant applications under this subsection 
     that best--
       ``(A) focus initiative on geographic areas with a 
     disproportionate population of offenders released from 
     prisons, jails, and juvenile facilities;
       ``(B) include--
       ``(i) input from nonprofit organizations, in any case where 
     relevant input is available and appropriate to the grant 
     application;
       ``(ii) consultation with crime victims and offenders who 
     are released from prisons, jails, and juvenile facilities;
       ``(iii) coordination with families of offenders; and
       ``(iv) input, where appropriate from the juvenile justice 
     coordinating council of the region;
       ``(C) demonstrate effective case assessment and management 
     abilities in order to provide comprehensive and continuous 
     reentry, including--
       ``(i) planning while offenders are in prison, jail, or a 
     juvenile facility, prerelease transition housing, and 
     community release;
       ``(ii) establishing prerelease planning procedures to 
     ensure that the eligibility of an offender for Federal or 
     State benefits upon release is established prior to release, 
     subject to any limitations in law, and to ensure that 
     offenders obtain all necessary referrals for reentry 
     services, including assistance identifying and securing 
     suitable housing; and
       ``(iii) delivery of continuous and appropriate drug 
     treatment, medical care, job training and placement, 
     educational services, or any other service or support needed 
     for reentry;
       ``(D) review the process by which the applicant adjudicates 
     violations of parole, probation, or supervision following 
     release from prison, jail, or a juvenile facility, taking 
     into account public safety and the use of graduated, 
     community-based sanctions for minor and technical violations 
     of parole, probation, or supervision (specifically those 
     violations that are not otherwise, and independently, a 
     violation of law);
       ``(E) provide for an independent evaluation of reentry 
     programs that include, to the maximum extent possible, random 
     assignment and controlled studies to determine the 
     effectiveness of such programs;
       ``(F) target high-risk offenders for reentry programs 
     through validated assessment tools; and
       ``(G) target offenders with histories of homelessness, 
     substance abuse, or mental illness, including a prerelease 
     assessment of the housing status of the offender and 
     behavioral health needs of the offender with clear 
     coordination with mental health, substance abuse, or 
     homelessness services systems to achieve stable and permanent 
     housing outcomes with appropriate support service.
       ``(4) Amount.--The amount of a grant made under this 
     subsection may not be more than $925,000.
       ``(5) Period of grant.--A grant made under this subsection 
     shall be effective for a 2-year period--
       ``(A) beginning on the date on which the planning grant 
     awarded under subsection (e) concludes; or
       ``(B) in the case of an implementation grant awarded to an 
     eligible entity that did not receive a planning grant, 
     beginning on the date on which the implementation grant is 
     awarded.'';
       (3) in subsection (g)(1)(B)(ii), by striking ``50 percent'' 
     and inserting ``75 percent'';
       (4) in subsection (h)--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (B) by striking paragraph (1) and inserting the following:
       ``(1) In general.--As a condition of receiving financial 
     assistance under subsection (f), each application shall 
     develop a comprehensive reentry strategic plan that--
       ``(A) contains a plan to assess inmate reentry needs and 
     measurable annual and 3-year performance outcomes;
       ``(B) uses, to the maximum extent possible, randomly 
     assigned and controlled studies, or rigorous quasi-
     experimental studies with matched comparison groups, to 
     determine the effectiveness of the program funded with a 
     grant under subsection (f); and
       ``(C) includes as a goal of the plan to reduce the rate of 
     recidivism for offenders released from prison, jail or a 
     juvenile facility with funds made available under subsection 
     (f).
       ``(2) Local evaluator.--A partnership with a local 
     evaluator described in subsection (e)(2) shall require the 
     local evaluator to use the baseline data and target 
     population characteristics developed under a subsection (e) 
     planning grant to derive a feasible and meaningful target 
     goal for recidivism reduction during the 3-year period 
     beginning on the date of implementation of the program.'';
       (5) in subsection (i)(1), by striking ``under this 
     section'' and inserting ``under subsection (f)'';
       (6) in subsection (j)--
       (A) in paragraph (1), by inserting ``for an implementation 
     grant under subsection (f)'' after ``applicant'';
       (B) in paragraph (2)--
       (i) in subparagraph (E), by inserting ``, where 
     appropriate'' after ``support''; and
       (ii) by striking subparagraphs (F), (G), and (H), and 
     inserting the following:
       ``(F) a cost-benefit analysis to determine the cost 
     effectiveness of the reentry program;
       ``(G) increased number of staff trained to administer 
     reentry services;
       ``(H) increased proportion of individuals served by the 
     program among those eligible to receive services;
       ``(I) increased number of individuals receiving risk 
     screening needs assessment, and case planning services;
       ``(J) increased enrollment in, and completion of treatment 
     services, including substance abuse and mental health 
     services among those assessed as needing such services;
       ``(K) increased enrollment in and degrees earned from 
     educational programs, including GED, vocational training, and 
     college education;
       ``(L) increased number of individuals obtaining and 
     retaining employment;
       ``(M) increased number of individuals obtaining housing;
       ``(N) reduction in drug and alcohol use; and
       ``(O) reduction in recidivism rates for individuals 
     receiving reentry services after release, as compared to 
     either baseline recidivism rates in the jurisdiction of the 
     grantee or recidivism rates of the control or comparison 
     group.'';
       (C) in paragraph (4), by striking ``this section'' and 
     inserting ``subsection (f)''; and
       (D) in paragraph (5), by striking ``this section'' and 
     inserting ``subsection (f)'';
       (7) in subsection (k)(1), by striking ``this section'' each 
     place the term appears and inserting ``subsection (f)'';
       (8) in subsection (l)--
       (A) in paragraph (2), by inserting ``beginning on the date 
     on which the most recent implementation grant is made to the 
     grantee under subsection (f)'' after ``2-year period''; and
       (B) in paragraph (4), by striking ``over a 2-year period'' 
     and inserting ``during the 2-year period described in 
     paragraph (2)'';
       (9) in subsection (o)(1), by striking ``appropriated'' and 
     all that follows and inserting the following: 
     ``appropriated--''
       ``(A) $40,000,000 for fiscal year 2012;
       ``(B) $45,000,000 for fiscal year 2013;
       ``(C) $50,000,000 for fiscal year 2014;
       ``(D) $55,000,000 for fiscal year 2015; and
       ``(E) $60,000,000 for fiscal year 2016.''; and
       (10) by adding at the end the following:
       ``(p) Definitions.--In this section--
       ``(1) the term `exoneree' means an individual who--
       ``(A) has been convicted of a Federal or State offense that 
     is punishable by a term of imprisonment of more than 1 year;
       ``(B) has served a term of imprisonment for not less than 6 
     months in a Federal or State prison or correctional facility 
     as a result of the conviction described in subparagraph (A); 
     and
       ``(C) has been determined to be factually innocent of the 
     offense described in subparagraph (A); and

[[Page S3928]]

       ``(2) the term `offender' includes an exoneree.''.
       (b) Cost-effective Alternatives to Incarceration Program.--
       (1) Authorization.--Title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 
     amended by striking part CC (42 U.S.C. 3797q et seq.) and 
     inserting the following:

    ``PART CC--COST EFFECTIVE ALTERNATIVES TO INCARCERATION PROGRAM

     ``SEC. 2901. DEFINITIONS.

       ``In this part:
       ``(1) Eligible offender.--The term `eligible offender' 
     means an individual who--
       ``(A) has been charged, sentenced, or convicted of a crime 
     for which a sentence of imprisonment of more than 1 year is 
     authorized; and
       ``(B) does not have 1 or more prior convictions for a 
     felony crime of violence involving the use or attempted use 
     of force against a person with the intent to cause death or 
     serious bodily harm.
       ``(2) Probation with enforcement program.--The term 
     `probation with enforcement program' means a program that--
       ``(A) reduces drug use, crime, and recidivism by requiring 
     swift, predictable, and graduated sanctions for noncompliance 
     with the conditions of probation, as determined by the 
     Attorney General;
       ``(B) identifies for enrollment in the program eligible 
     offenders who are serving a term of probation and who are at 
     high risk of failing to observe the conditions of supervision 
     and of being returned to incarceration as a result of the 
     failure;
       ``(C) notifies eligible offenders of the rules of the 
     probation demonstration program, and consequences for 
     violating such rules;
       ``(D) monitors eligible offenders for illicit drug use with 
     regular and rapid-result drug screening;
       ``(E) monitors eligible offenders for violations of other 
     rules and probation terms, including failure to pay court-
     ordered financial obligations, such as child support or 
     victim restitution;
       ``(F) responds to violations of the other rules and 
     probation terms with immediate arrest of the violating 
     eligible offender, and swift and certain modification of the 
     conditions of probation, including imposition of short jail 
     stays (which may gradually become longer with each additional 
     violation and modification);
       ``(G) immediately responds to eligible offenders who have 
     absconded from supervision with service of bench warrants and 
     immediate sanctions;
       ``(H) provides rewards to eligible offenders who comply 
     with such rules;
       ``(I) ensures funding for, and referral to, substance abuse 
     treatment for eligible offenders who repeatedly fail to 
     refrain from illicit drug use; and
       ``(J) establishes procedures to terminate program 
     participation by, and initiate revocation to a term of 
     incarceration for, eligible offenders who habitually fail to 
     abide by program rules and pose a threat to public safety.
       ``(3) Law enforcement or prosecution drug treatment 
     alternative to prison program.--The term `law enforcement or 
     prosecution drug treatment alternative to prison program' 
     means a program that--
       ``(A) is administered by a prosecutor or law enforcement 
     officer of a State, Indian tribe, or local government;
       ``(B) requires an eligible offender who is sentenced to 
     participate in the program (instead of incarceration) to 
     participate in a comprehensive substance abuse treatment 
     program that is approved by the State or Indian tribe and 
     licensed, if necessary, to provide medical and other health 
     services;
       ``(C) requires an eligible offender to receive the consent 
     of the prosecutor or law enforcement officer involved to 
     participate in the program;
       ``(D) in the case of an eligible offender who is sentenced 
     to participate in the program, requires the offender to serve 
     a sentence of imprisonment with respect to the crime involved 
     if the prosecutor or law enforcement officer, in conjunction 
     with the treatment provider, determines that the eligible 
     offender has not successfully completed the relevant 
     substance abuse treatment program described in subparagraph 
     (B);
       ``(E) provides for the dismissal of the criminal charges 
     that lead to the participation of an eligible offender in the 
     program if the eligible offender is determined to have 
     successfully completed the program;
       ``(F) requires each substance abuse provider treating an 
     eligible offender under the program to--
       ``(i) make periodic reports of the progress of the 
     treatment of the eligible offender to the law enforcement 
     officer involved and to the appropriate court in which the 
     eligible offender was convicted; and
       ``(ii) notify the prosecutor or law enforcement officer 
     involved and the appropriate court if the eligible offender 
     absconds from the facility of the treatment provider or 
     otherwise violates the terms and conditions of the program, 
     consistent with Federal and State confidentiality 
     requirements; and
       ``(G) has an enforcement unit comprised of law enforcement 
     officers involved, the duties of which shall include--
       ``(i) verifying the address of an eligible offender and 
     other contacts;
       ``(ii) if necessary, locating, apprehending, and arresting 
     an eligible offender who has absconded from the facility of a 
     substance abuse treatment provider or otherwise violated the 
     terms and conditions of the program and returning the 
     eligible offender to the appropriate court for sentencing for 
     the crime involved.
       ``(4) Reentry court.--The term `reentry court' means a 
     program that--
       ``(A) monitors juvenile and adult eligible offenders 
     reentering the community;
       ``(B) provides juvenile and adult eligible offenders 
     reentering the community with coordinated and comprehensive 
     reentry services and programs, such as--
       ``(i) drug and alcohol testing and assessment for 
     treatment;
       ``(ii) assessment for substance abuse from a substance 
     abuse professional who is approved by the State or Indian 
     tribe and licensed by the appropriate entity to provide 
     alcohol and drug addiction treatment, as appropriate;
       ``(iii) substance abuse treatment from a provider that is 
     approved by the State or Indian tribe, and licensed, if 
     necessary, to provide medical and other health services;
       ``(iv) health (including mental health) services and 
     assessment;
       ``(v) aftercare and case management services that--

       ``(I) facilitate access to clinical care and related health 
     services; and
       ``(II) coordinate with such clinical care and related 
     health services; and

       ``(vi) any other services needed for reentry;
       ``(C) convenes community impact panels, victim impact 
     panels, or victim impact educational classes;
       ``(D) provides and coordinates the delivery of community 
     services to juvenile and adult eligible offenders, 
     including--
       ``(i) housing assistance;
       ``(ii) education;
       ``(iii) job training;
       ``(iv) conflict resolution skills training;
       ``(v) batterer intervention programs; and
       ``(vi) other appropriate social services; and
       ``(E) establishes and implements graduated sanctions and 
     incentives.

     ``SEC. 2902. GRANT AUTHORITY.

       ``(a) In General.--The Attorney General may make grants to 
     States, local governments, territories, Indian tribes, 
     nonprofit agencies, or any combination thereof, to develop, 
     implement, or expand programs that provide alternatives to 
     incarceration, in accordance with this part.
       ``(b) Allowable Uses.--
       ``(1) In general.--A grant under this part may be used for 
     the expenses of a law enforcement or prosecution drug 
     treatment alternatives to prison program, a problem-solving 
     court, including a reentry court, or a probation with 
     enforcement program including for--
       ``(A) salaries, personnel costs, equipment costs, and other 
     costs directly related to the operation or evaluation of the 
     program;
       ``(B) payments for providers that are approved by the State 
     or Indian tribe and licensed, if necessary, to provide needed 
     treatment or education to eligible offenders participating in 
     the program, including aftercare supervision, mental health 
     services, substance abuse services, vocational training, 
     education, and job placement; and
       ``(C) payments to public and nonprofit private entities 
     that are approved by the State or Indian tribe and licensed, 
     if necessary, to provide mental health, alcohol and drug 
     addiction treatment to offenders participating in the 
     program.
       ``(2) Supplement and not supplant.--Grants made under this 
     part shall be used to supplement, and not supplant, non-
     Federal funds that would otherwise be available for programs 
     described in this part.
       ``(c) Applications.--
       ``(1) In general.--A State, local government, territory, 
     Indian tribe, or nonprofit agency desiring a grant under this 
     part shall submit an application to the Attorney General in 
     such form and containing such information as the Attorney 
     General may reasonably require.
       ``(2) Application contents.--An application submitted under 
     paragraph (1) shall--
       ``(A) describe the program to be assisted under this part 
     and the need for the program to serve eligible offenders;
       ``(B) describe a long-term strategy and detailed 
     implementation plan for the program, including how the 
     applicant plans to pay for the program after the Federal 
     funding is discontinued;
       ``(C) identify the governmental and community agencies the 
     activities of which shall be coordinated under the project;
       ``(D) certify that--
       ``(i) all agencies affected by the program, including 
     community corrections and parole entities, have been 
     appropriately consulted in the development of the program; 
     and
       ``(ii) there will be appropriate coordination with all such 
     agencies in the implementation of the program; and
       ``(E) describe the methodology and outcome measures that 
     will be used to evaluate the program.

     ``SEC. 2903. FEDERAL SHARE.

       ``(a) Matching Requirement.--The Federal share of the cost 
     of an activity carried out using a grant under this part 
     shall be not more than 50 percent.
       ``(b) In-kind Contributions.--
       ``(1) In general.--Subject to paragraph (2), the recipient 
     of a grant under this part may meet the matching requirement 
     under subsection (a) by making in-kind contributions of goods 
     or services that are directly related to the purpose for 
     which the grant was awarded.
       ``(2) Maximum percentage.--Not more than 75 percent of the 
     amount provided by a

[[Page S3929]]

     recipient of a grant under this part to meet the matching 
     requirement under subsection (a) may be provided through in-
     kind contributions under paragraph (1).

     ``SEC. 2904. GEOGRAPHIC DISTRIBUTION.

       ``The Attorney General shall ensure that, to the extent 
     practicable, the distribution of grants under this part is 
     equitable and includes States, local governments, 
     territories, Indian tribes, or nonprofit agencies--
       ``(1) in each State; and
       ``(2) in rural, suburban, tribal, and urban jurisdictions.

     ``SEC. 2905. REPORTS AND EVALUATIONS.

       ``Each entity receiving a grant under this section shall 
     submit to the Attorney General, for each fiscal year in which 
     funds received under the grant are expended, a report, at 
     such time and in such manner as the Attorney General may 
     reasonably require, that contains--
       ``(1) a summary of the activities carried out under the 
     program assisted by the grant;
       ``(2) an assessment of whether the activities are meeting 
     the need for the program identified in the application 
     submitted under section 2902(c); and
       ``(3) such other information as the Attorney General may 
     require.

     ``SEC. 2906. TRAINING AND TECHNICAL ASSISTANCE.

       ``The Attorney General may, using amounts made available to 
     carry out this part, establish training and technical 
     assistance for grantees, including--
       ``(1) providing education, training, and technical 
     assistance for States, Indian tribes, territories, local 
     governments, service providers, and nonprofit organizations 
     relating to problem-solving courts, law enforcement drug 
     treatment alternative to prison programs, and probation with 
     enforcement programs;
       ``(2) collecting data and best practices from grantees and 
     other agencies and organizations;
       ``(3) developing and disseminating evaluation tools, 
     mechanisms, and measures to better assess and document 
     performance measures and outcomes;
       ``(4) disseminating information to States and other 
     relevant entities about best practices, policy standards, and 
     research findings; and
       ``(5) interdisciplinary and profession-specific training 
     for relevant professionals on information and skills 
     necessary to plan, implement, or expand problem-solving 
     courts, law enforcement drug treatment alternative to prisons 
     programs, and probation with enforcement programs.

     ``SEC. 2907. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part--
       ``(1) $10,000,000 for fiscal year 2012;
       ``(2) $12,000,000 for fiscal year 2013;
       ``(3) $14000,000 for fiscal year 2014;
       ``(4) $16,000,000 for fiscal year 2015; and
       ``(5) $20,000,000 for fiscal year 2016.
       ``(b) Limitations.--Of the amounts made available pursuant 
     to subsection (a) for a fiscal year--
       ``(1) not more than 2 percent may be used by the Attorney 
     General for salaries and administrative expenses; and
       ``(2) not more than 5 percent nor less than 2 percent may 
     be used for technical assistance and training.

     ``SEC. 2908. RULE OF CONSTRUCTION.

       ``Nothing in this part shall be construed to prevent a 
     grantee that operates a drug court under part EE when the 
     grant under this part is awarded from using funds from the 
     grant under this part to supplement the drug court in 
     accordance with section 2902(b)(1).''.
       (2) Technical and conforming amendments.--Title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 is 
     amended--
       (A) in section 1001(a) (42 U.S.C. 3793(a)), by striking 
     paragraph (26); and
       (B) by striking section 2978 (42 U.S.C. 3797w-2).
       (3) Savings clause.--A grant made under section 2978 or 
     part CC of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797w-2 and 3797q et seq.) 
     before the date of enactment of this Act shall remain in full 
     force and effect under the terms, and for the duration, of 
     the grant.
       (c) Grants for Family-based Substance Abuse Treatment.--
     Part DD of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797s et seq.) is amended--
       (1) in section 2921 (42 U.S.C. 3797s), in the matter 
     preceding paragraph (1), by inserting ``nonprofit 
     organizations,'' before ``and Indian''; and
       (2) by striking section 2926(a) (42 U.S.C. 3797s-5(a)), and 
     inserting the following:
       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part--
       ``(1) $8,000,000 for fiscal year 2012; and
       ``(2) $10,000,000 for each of fiscal years 2013, 2014, 
     2015, and 2016.''.
       (d) Grant Program To Evaluate and Improve Educational 
     Methods at Prisons, Jails, and Juvenile Facilities.--Title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended--
       (1) by redesignating part KK (42 U.S.C. 3793ee et seq.) as 
     part LL;
       (2) by redesignating the second part designated as part JJ, 
     as added by the Second Chance Act of 2007 (Public Law 110-
     199; 122 Stat. 677), relating to grants to evaluate and 
     improve educational methods, as part KK;
       (3) by redesignating the second section designated as 
     section 3001 and section 3002 (42 U.S.C. 3797dd and 3797dd-
     1), as added by the Second Chance Act of 2007 (Public Law 
     110-199; 122 Stat. 677), relating to grants to evaluate and 
     improve educational methods, as sections 3005 and 3006, 
     respectively;
       (4) in section 3005, as so redesignated--
       (A) in subsection (a)--
       (i) in paragraph (2), by striking ``and'' at the end;
       (ii) in paragraph (3), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(4) implement methods to improve academic and vocational 
     education for offenders in prisons, jails, and juvenile 
     facilities consistent with the best practices identified in 
     subsection (c).'';
       (B) by redesignating subsection (c) as subsection (d); and
       (C) by inserting after subsection (b), the following:
       ``(c) Best Practices.--Not later than 180 days after the 
     date of enactment of the Second Chance Reauthorization Act of 
     2011, the Attorney General shall identify and publish best 
     practices relating to academic and vocational education for 
     offenders in prisons, jails, and juvenile facilities. The 
     best practices shall consider the evaluations performed and 
     recommendations made under grants made under subsection (a) 
     before the date of enactment of the Second Chance 
     Reauthorization Act of 2011''; and
       (5) in section 3006, as so redesignated, by striking ``to 
     carry'' and all that follows through ``2010'' and inserting 
     ``for each of fiscal years 2012, 2013, 2014, 2015, and 2016 
     for grants for purposes described in section 3005(a)(4)''.
       (e) Technology Careers Training Demonstration Grants.--
     Section 115 of the Second Chance Act of 2007 (42 U.S.C. 
     17511) is amended--
       (1) in subsection (a), by striking ``and Indian'' and 
     inserting ``nonprofit organizations, and Indian''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $7,000,000 for each of fiscal years 2012 and 2013; 
     and
       ``(2) $10,000,000 for each of fiscal years 2014, 2015, and 
     2016.''.
       (f) Offender Reentry Substance Abuse and Criminal Justice 
     Collaboration Program.--Section 201(f)(1) of the Second 
     Chance Act of 2007 (42 U.S.C. 17521(f)(1)) is amended to read 
     as follows:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $15,000,000 for each of fiscal 
     years 2012 through 2016.''.
       (g) Mentoring Grants to Nonprofit Organizations.--Section 
     211 of the Second Chance Act of 2007 (42 U.S.C. 17531) is 
     amended--
       (1) by redesignating subsection (f) as subsection (g);
       (2) by inserting after subsection (e) the following:
       ``(f) Definition.--In this section, the term `offender' 
     includes an individual who--
       ``(1) has been convicted of a Federal or State offense that 
     is punishable by a term of imprisonment of more than 1 year;
       ``(2) has served a term of imprisonment for not less than 6 
     months in a Federal or State prison or correctional facility 
     as a result of the conviction described in paragraph (1); and
       ``(3) has been determined to be factually innocent of the 
     offense described in paragraph (1).''; and
       (3) in subsection (g), as redesignated, by striking ``this 
     section'' and all that follows and inserting the following: 
     ``this section--''
       ``(1) $15,000,000 for fiscal year 2012;
       ``(2) $16,000,000 for fiscal year 2013;
       ``(3) $16,000,000 for fiscal year 2014;
       ``(4) $19,000,000 for fiscal year 2015; and
       ``(5) $20,000,000 for fiscal year 2016.''.

     SEC. 3. AUDIT AND ACCOUNTABILITY OF GRANTEES.

       (a) Definition.--In this section, the term ``unresolved 
     audit finding'' means an audit report finding or 
     recommendation that a grantee has used grant funds for an 
     unauthorized expenditure or otherwise unallowable cost that 
     is not closed or resolved during a 1-year period beginning on 
     the date of an initial notification of the finding or 
     recommendation.
       (b) Audit Requirement.--Beginning in fiscal year 2012, and 
     every 3 years thereafter, the Inspector General of the 
     Department of Justice shall conduct an audit of not less than 
     5 percent of all grantees that are awarded funding under--
       (1) section 2976(b) of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3797w(b));
       (2) part CC of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797q et seq.), as 
     amended by this Act;
       (3) part DD of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797s et seq.);
       (4) part JJ of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797dd et seq.); or
       (5) section 115, 201, or 211 of the Second Chance Act of 
     2007 (42 U.S.C. 17511, 17521, and 17531).
       (c) Mandatory Exclusion.--A grantee that is found to have 
     an unresolved audit finding under an audit conducted under 
     subsection (b) may not receive grant funds under the grant 
     programs described in paragraphs (1) through (5) of 
     subsection (b) in the fiscal year following the fiscal year 
     to which the finding relates.
       (d) Priority of Grant Awards.--The Attorney General, in 
     awarding grants under

[[Page S3930]]

     the programs described in paragraphs (1) through (5) of 
     subsection (b) shall give priority to eligible entities that 
     during the 2-year period preceding the application for a 
     grant have not been found to have an unresolved audit 
     finding.

     SEC. 4. FEDERAL REENTRY IMPROVEMENTS.

       (a) Responsible Reintegration of Offenders.--Section 212 of 
     the Second Chance Act of 2007 (42 U.S.C. 17532) is repealed.
       (b) Federal Prisoner Reentry Initiative.--Section 231 of 
     the Second Chance Act of 2007 (42 U.S.C. 17541) is amended--
       (1) in subsection (g)--
       (A) in paragraph (3), by striking ``carried out during 
     fiscal years 2009 and 2010'' and inserting ``carried out 
     during fiscal years 2012 through 2016''; and
       (B) in paragraph (5)(A)(i), by striking ``65 years'' and 
     inserting ``60 years'';
       (2) by striking subsection (h);
       (3) by redesignating subsection (i) as subsection (h); and
       (4) in subsection (h), as so redesignated, by striking 
     ``2009 and 2010'' and inserting ``2012 through 2016''.
       (c) Enhancing Reporting Requirements Pertaining to 
     Community Corrections.--Section 3624(c) of title 18, United 
     States Code, is amended--
       (1) in paragraph (5), in the second sentence, by inserting 
     ``, and number of prisoners not being place in community 
     corrections facilities for each reason set forth'' before ``, 
     and any other information''; and
       (2) in paragraph (6), by striking ``the Second Chance Act 
     of 2007'' and inserting ``the Second Chance Reauthorization 
     Act of 2011''.
       (d) Termination of Study on Effectiveness of Depot 
     Naltrexone for Heroin Addiction.--Section 244 of the Second 
     Chance Act of 2007 (42 U.S.C. 17554) is repealed.
       (e) Authorization of Appropriations for Research.--Section 
     245 of the Second Chance Act of 2007 (42 U.S.C. 17555) is 
     amended--
       (1) by striking ``243, and 244'' and inserting ``and 243''; 
     and
       (2) by striking ``2009 and 2010'' and inserting ``2012, 
     2013, 2014, 2015, and 2016''.
       (f) Federal Prisoner Recidivism Reduction Programming 
     Enhancement.--
       (1) In general.--Section 3621 of title 18, United States 
     Code, is amended--
       (A) by redesignating subsection (g) as subsection (h); and
       (B) by inserting after subsection (f) the following:
       ``(g) Incentive for Prisoners' Participation in Reentry 
     Programs Proven to Reduce Recidivism.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `demonstrated to reduce recidivism' means 
     that the Director of Bureau of Prisons has determined that 
     appropriate research has been conducted and has validated the 
     effectiveness of the program on recidivism; and
       ``(B) the term `successfully participates' means that a 
     prisoner has been enrolled for a period of not less than 180 
     days during the 12 months preceding the award of credit in 1 
     or more programs--
       ``(i) for which the prisoner is eligible; and
       ``(ii) that meet the treatment and program needs of the 
     prisoner.
       ``(2) Eligibility to earn additional credit.--Any prisoner 
     who, in the judgment of the Director of the Bureau of 
     Prisons, successfully participates in a program that has been 
     demonstrated to reduce recidivism, is eligible to earn 
     additional credit toward satisfaction of the sentence being 
     served by the prisoner.
       ``(3) Credit toward service of sentence.--Except as 
     provided in paragraph (4), a prisoner may receive credit 
     toward service of the sentence of the prisoner of up to 60 
     days per year for each year in which the prisoner is in 
     custody of the Bureau of Prisons and successfully 
     participates in a program described in paragraph (2). Any 
     credits awarded under this subsection shall vest on the date 
     the prisoner is released from custody.
       ``(4) Limitation on awards of credit.--
       ``(A) In general.--A prisoner may accrue credit toward 
     service of the sentence of the prisoner under this subsection 
     if--
       ``(i) the credit accrued under this subsection is combined 
     with reductions in the period of time the prisoner remains in 
     custody resulting from participation in a residential 
     substance abuse program; and
       ``(ii) credit received under section 3624(b) does not 
     exceed 33 percent of the sentence imposed on the prisoner.
       ``(B) Prior time credit.--No credits shall be awarded for 
     any time spent in--
       ``(i) programs during the 180-day period preceding the 
     enactment of the Second Chance Reauthorization Act of 2011; 
     or
       ``(ii) official detention prior to the date the sentence 
     commences under section 3585(a).
       ``(5) Receipt of credit at end of year.--A prisoner may 
     receive credit at the end of each year of the sentence being 
     served by the prisoner, beginning at the end of the first 
     year of the sentence, subject to a determination by the 
     Director by the Bureau of Prisons that during the year the 
     prisoner display exemplary compliance with institutional 
     disciplinary regulations. For purposes of this section, the 
     first year shall commence on the date the sentence commences 
     under section 3585(a).''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect 180 days after the date of enactment of 
     this Act.
                                 ______
                                 
      By Mr. GRASSLEY:
  S. 1234. A bill to amend part B of title IV of the Social Security 
Act to reauthorize grants to assist children affected by 
methamphetamine or other substance abuse under the promoting safe and 
stable families program; to the Committee on Finance.
  Mr. GRASSLEY. Mr. President, I come to the floor today to introduce a 
bill on an issue that is very important to me and many of my colleagues 
here in the Senate. I have long been a passionate supporter of some of 
the most vulnerable members of our society, especially the thousands of 
our Nation's foster youth. Currently, there are over 420,000 children 
living in foster care. Each one of these foster youth deserves a safe, 
loving and permanent home. But, each year, these children face a 
declining number of foster homes, and must also deal with the 
widespread negative misperceptions attached to the foster care system. 
Many of them have to cope with parents that struggle with substance 
abuse problems. Parental substance abuse is one of the leading, if not 
the primary, reasons forcing children into the foster care system.
  According to the Congressional Research Service, in a nationally 
representative study, caseworkers investigating allegations of abuse or 
neglect noted active drug abuse by the 37 percent of the primary 
caregivers from whom children were removed to out-of-home care. The 
same report also noted active alcohol abuse among 29 percent of the 
primary caregivers from whom children were removed. The percentage of 
children who remain in care due to issues related to substance abuse is 
believed to be even larger because, among other reasons, accessing and 
successfully completing treatment services is often time consuming and 
children may not be able to safely return to their homes until 
treatment is successfully completed. An additional troubling statistic 
comes from a 2005 report by the RAND Corporation, which revealed that 
more than 300,000 children entered the foster-care system due to 
methamphetamine abuse.
  I would like to take a moment to share a story about one foster youth 
who is currently serving as an intern in my Washington, DC office 
thanks to the Congressional Coalition on Adoption Institute. Her name 
is Taatianna and her story is a reminder of the challenges that many 
foster youth face.
  When Taatianna turned three, she opened the front door of her home to 
a caseworker who removed her and her two siblings from their home. 
Taatianna was placed in the foster care system at very young age 
because of her parent's substance abuse. She has lived many years with 
shame and guilt, believing she was responsible for splitting apart her 
family. However, she now knows that drug and alcohol were the reasons 
she was neglected and forced into foster care. Fortunately, Taatianna 
and her siblings were able to live together and be raised by their 
biological grandmother, Ruby, in Relative Kinship Care. Ruby played the 
role of mom, dad, and grandma to these three children. While growing 
up, Taatianna and her siblings faced emotional and mental anxieties, 
trying hard not to succumb to the curse of substance abuse addiction 
that ran in their family. But more importantly, the kids longed to be 
with their mom and dad again, hoping they could get clean, hold a job, 
and be a family. Taatianna's mother struggled, and continues to 
struggle with, addiction.
  Drugs and alcohol have torn this family apart, and have destroyed any 
sense of normalcy or permanency they so desperately yearned for. 
Taatianna witnessed first-hand the traumatic effects of substance abuse 
in both her parents and many other family members. Taatianna, and many 
other foster youth in this country, could be helped if parents were 
treated or had better access to treatment for their substance abuse 
problems.
  Foster care shouldn't be a destination. It should be a temporary 
detour for children while their parents are treated and are ready to be 
parents.
  So, today, on behalf of many youth in foster care, I introduce the 
Partners for Stable Families and Foster Youth Affected by 
Methamphetamine or Other Substance Abuse Act. This bill will 
reauthorize the Regional Partnership Grants that were created in 2006 
as part of the Promoting Safe and Stable Families Act. The passage of 
this legislation was a tremendous step forward

[[Page S3931]]

in our efforts to help the youth in the foster care system. The funds 
from these grants address a variety of challenges that are barriers to 
optimal family outcomes. The mission of the Regional Partnership Grants 
is to improve the safety, permanency, and well-being of children who 
are in an out-of-home placement or are at-risk of such placement 
because of a parent or caretaker's abuse of methamphetamine or another 
substance.
  In September 2007, following the authorization of the Regional 
Partnership Grants, the Department of Health and Human Services awarded 
multiyear grants to 53 regional partnerships representing 29 states and 
6 tribes. The first round of grants supported the creation or expansion 
of family treatment drug courts, improvement of system-wide 
collaboration, expanded access to comprehensive family centered 
treatment, use of evidence-based practice approaches such as 
motivational enhancement therapy, parent advocates, and recovery 
management approaches to drug treatment monitoring. The groups 
receiving these grants were split almost evenly between the public and 
private sectors, and they represent a great example of how both can 
assist the many youth and families that are a part of the foster care 
system.
  Allow me an opportunity to tell you about the grantees in my home 
state of Iowa.
  One grantee, Upper Des Moines Opportunity Inc., is undertaking the 
Parent Partner Program in 9 counties in rural Northwest Iowa. This 
program primarily assists individuals addicted to meth, and is unique 
because parents are matched to Parent Partners who serve as mentors, 
assisting clients to navigate the child welfare and substance abuse 
systems. The goal of these Parent Partners is to support and mentor 
parents who have trouble keeping their families together and are at 
risk of incarceration or permanently losing custody of their children. 
This program is more personal than stand alone drug treatment programs 
because Parent Partners have been through the same situations. One 
outcome is that clients are developing a trusting relationship with 
professionals in the child welfare and substance abuse systems; thereby 
increasing their chances for success and becoming more engaged in 
substance abuse treatment and recovery. The Parent Partner understands 
the client's situation, allowing them to bond and build trust with the 
goal of regaining custody of their children more quickly. The Parent 
Partners serve as the critical link between the Department of Human 
Services, the parent, and other experts.
  Another grantee, the Parents and Children Together, PACT, is a family 
drug court initiative implementing a community based approach to 
substance abuse treatment. The program supports the family to remain 
the primary permanency option for their children. PACT is a partnership 
of the courts, the state child welfare agency, the Iowa Department of 
Public Health, and five community pilot sites with the State Court 
taking the lead. Through this program, family treatment courts were 
implemented in each pilot site. The program is focused on increasing 
the safety, permanency and well-being of children by addressing the 
substance abuse treatment programming and service gaps through a 
community collaborative planning approach. The partnership has worked 
hard over the years to establish family drug courts in their pilot 
sites that support families as they navigate the foster care system and 
substance abuse treatment. With the knowledge they are gaining on what 
works and what doesn't, they have provided two family treatment court 
forums for other interested community court led teams. They presently 
serve 6 sites and have 6 other court led teams that are interested in 
learning more.

  According to a forthcoming report from the Administration on 
Children, Youth, and Families, over 8,000 adults and 12,000 children 
have been served by the Regional Partnership Grants. Bryan Samuels, the 
Commissioner of the Administration, has said that children are 
discharged from foster care at a faster rate because of the grants and 
that families are more likely to be reunited within 12 months and are 
more likely to stay that way after 12 months.
  The efforts to help at-risk youth must continue. We know that 
substance abuse issues will continue to push kids into foster care. In 
Iowa alone, from 2005-2009, the Iowa Department of Human Services 
classified 5,330 children victims of abuse due to the presence of an 
illegal drug in their body. Meth continues to be a huge concern. In 
fact, meth lab incidents in Iowa have dropped dramatically since their 
peak in 2004, but have risen in each of the past three years. The 
resurgence in meth lab incidents coincides with a rise in drug-related 
prison admissions, meth treatment admissions, and child abuse cases.
  In my original version of the Regional Partnership Grants in 2006, I 
envisioned $40 million per year to be available for grants to improve 
the outcomes of those affected by meth or other substance abuse. 
Unfortunately this amount was reduced during conference committee 
negotiations. In the bill I am introducing today, I am again calling 
for the amount to be set at $40 million per year. This will allow new 
grantees to start programs while giving short two-year extensions to 
existing grantees. The goal is to encourage new collaborations 
throughout the country, while giving time to existing collaborations to 
institute best practices and educate other entities about what works 
and what does not.
  The reauthorization of the Regional Partnership Grants will also 
include several measures aimed at improving the original legislation. 
The bill will allow more dollars to be available for activities and 
collaborative efforts by instituting a 5 percent administrative fee cap 
on the amount that can be retained by the Administration on Children, 
Youth, and Families for technical assistance or contract services. 
Finally, the bill will require more evaluation of regional 
partnerships, and require the Secretary of Health and Human Services to 
evaluate the new grantees and issue a report on the best practices 
implemented by their programs no later than December 1, 2012, with a 
follow-up report due in 2017. These reports will prove useful in 
efforts to improve our foster-care system.
  The improvement of the lives of families and youth that are involved 
in the foster care system is one of the most important issue I have 
undertaken in the U.S. Senate. The Regional Partnership Grants have not 
only helped youth in search of permanent, loving families, but have 
brought back together families that were torn apart by substance abuse. 
As a founder and co-chair of the Senate Caucus on Foster Youth, I have 
been a witness to the many successes that have occurred thanks to our 
support of these children and young adults; however, I am also still 
painfully aware of the amount of work that remains. We can take another 
significant step forward in this area by passing the Partners for 
Stable Families and Foster Youth Affected by Methamphetamine or Other 
Substance Abuse Act and reauthorizing the Regional Partnership Grants.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Kyl, Ms. Landrieu, and Mrs. 
        McCaskill):
  S. 1236. A bill to reduce the trafficking of drugs and to prevent 
human smuggling across the Southwest Border by deterring the 
construction and use of border tunnels; to the Committee on the 
Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Border Tunnel 
Prevention Act of 2011 with my colleagues and friends, Senator Jon Kyl, 
Senator Mary Landrieu and Senator Claire McCaskill. This bill will 
provide law enforcement and prosecutors with important tools to locate 
border tunnels, identify criminals and punish those involved.
  As the U.S., Mexico border has become more secure, criminals have 
sought out new ways to transfer drugs and people across the border. For 
years, smugglers have tried to go around our border checkpoints. Now, 
they are trying to go under them to evade border enforcement. There is 
an increasing number and sophistication of tunnels along the Southwest 
border.
  Tunnels range from anything from a shallow dirt crawl way to 
sophisticated concrete structures with shoring, ventilation and 
electricity. One tunnel found in San Diego even had a makeshift 
elevator.

[[Page S3932]]

  Underground tunnels present a serious national security threat. The 
first tunnel was discovered in May of 1990. However, beginning in 2001, 
tunnels began to increase dramatically. Between September 2001 and 
today, an astonishing 125 completed tunnels have been discovered making 
a total of 137 completed tunnels since 1990.
  Border tunnels are most often used to transport narcotics from Mexico 
to the United States, but assumingly are also used to smuggle weapons 
and people. Just as tunnels can be used to transport drugs across the 
border, they could be used to smuggle a terrorist into the United 
States.
  In recent years, there has been a striking increase in the 
sophistication of these tunnels. To date, authorities have discovered 
61 sophisticated tunnels, 37 of which were constructed in California.
  In San Diego in February of 2006, I had the occasion to visit a very 
sophisticated tunnel discovered by the multi- agency San Diego Tunnel 
Task Force, led by U.S. Immigration and Customs Enforcement. The 
Department of Homeland Security has established these tunnel task 
forces in San Diego, El Paso, Nogales, Yuma and Imperial Valley.
  The tunnel was 2,400 feet long, close to half of a mile, stretching 
from an abandoned warehouse near the southern border of California 
through to Tijuana, Mexico. It remains the longest cross-border tunnel 
discovered in U.S. history, more than nine stories below ground at its 
deepest point, and had ample ventilation and groundwater drainage 
systems, cement flooring, lighting, and a pulley system.
  Authorities seized over 4,200 pounds of marijuana in the tunnel, and 
have attributed the operation to the Arellano Felix Organization.
  The exit of the tunnel in the United States was concealed in a small 
office inside a massive empty warehouse, covered only by four square 
tiles.
  After seeing this tunnel, I introduced the Border Tunnel Prevention 
Act of 2006. The bill became law in 2007 and criminalized the 
construction, financing or use of an unauthorized tunnel or 
subterranean passage across an international border into the United 
States. It also imposes a punishment for anyone who negligently permits 
others to construct or use an unauthorized tunnel or subterranean 
passage on their land.
  The first prosecution under this law was in connection to a December 
2009 partially-built tunnel found in Calexico, California. An 
investigation resulted in the arrest of Daniel Alvarez, a United States 
citizen. Alvarez eventually pled guilty to criminal violations put into 
place by the Border Tunnel Prevention Act and was sentenced to 15 
months in federal prison.
  Today, I am introducing a bill to enhance the 2007 law. Specifically, 
it will make the use, construction or financing of a border tunnel a 
conspiracy offense. This would punish the intent to engage in tunnel 
activity, even in cases where a tunnel was not fully constructed.
  The bill will include illegal tunneling as an offense eligible for 
Title III wiretaps even when there are not drugs or other contraband to 
facilitate a wiretap; specify border tunnel activity as unlawful under 
the existing forfeiture and money laundering provisions to allow 
authorities to seize assets in these cases.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1236

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Border Tunnel Prevention Act 
     of 2011''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) As the international border between the United States 
     and Mexico becomes more secure, trafficking and smuggling 
     organizations intensify their efforts to enter the United 
     States by increasing the number of tunnels and other 
     subterranean passages between Mexico and the United States.
       (2) Border tunnels are most often used to transport 
     narcotics from Mexico to the United States, but can also be 
     used to transport people and other contraband.
       (3) Between May 1990 and May 2011, law enforcement 
     authorities discovered 137 tunnels, 125 of which have been 
     discovered since September 2001. While law enforcement 
     authorities discovered only 2 tunnels in California between 
     1990 and 2001, there has been a dramatic increase in the 
     number of border tunnels discovered in California since 2001.
       (4) Section 551 of the Department of Homeland Security 
     Appropriations Act, 2007 (Public Law 109-295) added a new 
     section to title 18, United States Code (18 U.S.C. 555), 
     which--
       (A) criminalizes the construction or financing of an 
     unauthorized tunnel or subterranean passage across an 
     international border into the United States; and
       (B) prohibits any person from recklessly permitting others 
     to construct or use an unauthorized tunnel or subterranean 
     passage on the person's land.
       (5) Any person convicted of using a tunnel or subterranean 
     passage to smuggle aliens, weapons, drugs, terrorists, or 
     illegal goods is subject to an enhanced sentence for the 
     underlying offense. Additional sentence enhancements would 
     further deter tunnel activities and increase prosecutorial 
     options.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) National security zone.--The term ``national security 
     zone'' means any Southwest Border land designated by the 
     Secretary as being at a high risk for border tunnel activity, 
     as authorized under section 8(b).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (3) Southwest border land.--The term ``Southwest Border 
     land'' means all parcels of real property in the United 
     States that--
       (A) are located within 1 mile of the international border 
     between the United States and Mexico; and
       (B) are not owned by a Federal, State, tribal, or local 
     government entity.

     SEC. 4. ATTEMPT OR CONSPIRACY TO USE, CONSTRUCT, OR FINANCE A 
                   BORDER TUNNEL.

       Section 555 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(d) Any person who attempts or conspires to commit any 
     offense under this section shall be subject to the same 
     penalties as those prescribed for the offense, the commission 
     of which was the object of the attempt or conspiracy.''.

     SEC. 5. AUTHORIZATION FOR INTERCEPTION OF WIRE, ORAL, OR 
                   ELECTRONIC COMMUNICATIONS.

       Section 2516(1)(c) of title 18, United States Code, is 
     amended by inserting ``, section 555 (relating to 
     construction or use of international border tunnels)'' before 
     the semicolon at the end.

     SEC. 6. FORFEITURE.

       (a) Criminal Forfeiture.--Section 982(a)(2)(B) of title 18, 
     United States Code, is amended by inserting ``555,'' after 
     ``545,''.
       (b) Civil Asset Forfeiture.--Any merchandise introduced 
     into the United States through a tunnel or passage described 
     in section 555(a) of title 18, United States Code, shall be 
     subject to seizure and forfeiture in accordance with section 
     596(c) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)).

     SEC. 7. MONEY LAUNDERING DESIGNATION.

       Section 1956(c)(7)(D) of title 18, United States Code, is 
     amended by inserting ``section 555 (relating to border 
     tunnels),'' after ``section 554 (relating to smuggling goods 
     from the United States),''.

     SEC. 8. NOTIFICATION REQUIREMENTS.

       (a) Notification to Land Owners.--The Secretary is 
     encouraged to annually provide each known nongovernmental 
     owner and tenant of land located in a national security zone 
     with a written notification that describes--
       (1) Federal laws related to the construction of illegal 
     border tunnels; and
       (2) the procedures for reporting violations of such laws to 
     U.S. Immigration and Customs Enforcement.
       (b) Designation of Border Tunnel High Risk Areas.--
       (1) In general.--The Secretary may designate any Southwest 
     Border land that the Secretary has a substantial reason to 
     believe is at a high risk for border tunnel activity as a 
     national security zone.
       (2) Publication.--The Secretary shall--
       (A) publish any designations made under paragraph (1) in 
     the Federal Register; and
       (B) allow appropriate notice and comment in accordance with 
     the chapter 5 of title 5, United States Code (commonly 
     referred to as the ``Administrative Procedures Act'').
       (c) Rulemaking.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this section.

     SEC. 9. REPORT.

       (a) In General.--The Secretary shall submit an annual 
     report to the congressional committees set forth in 
     subsection (b) that includes a description of--
       (1) the cross border tunnels in Southwest Border land 
     discovered during the reporting period; and
       (2) the needs of the Department of Homeland Security to 
     effectively prevent, investigate and prosecute border tunnel 
     construction on Southwest Border land.
       (b) Congressional Committees.--The congressional committees 
     set forth in this subsection are--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Appropriations of the Senate;

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       (4) the Committee on Homeland Security of the House of 
     Representatives;
       (5) the Committee on the Judiciary of the House of 
     Representatives; and
       (6) the Committee on Appropriations of the House of 
     Representatives.

                          ____________________