[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;
[[Page S3933]]
(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.
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