To prevent duplication in the Federal government.

SA 1611. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 1511 proposed by Mr. Leahy (for himself, Ms. Collins, Mr.
Kennedy, Ms. Snowe, Mr. Levin, Mrs. Feinstein, Mr. Schumer, Mr. Durbin,
Mr. Cardin, Mr. Whitehouse, Ms. Klobuchar, Mr. Specter, Mr. Franken,
Ms. Mikulski, Mr. Merkley, Mrs. Gillibrand, Mr. Menendez, Mrs. Shaheen,
Mr. Kerry, Mr. Udall of Colorado, Mr. Dodd, Mr. Harkin, Mr. Wyden, Mr.
Casey, Ms. Cantwell, Mr. Lautenberg, Mr. Lieberman, Mrs. Boxer, Mr.
Brown, Mr. Akaka, Mr. Sanders, Mrs. Murray, Mr. Reed, Mr. Bingaman, Mr.
Kaufman, Mr. Inouye, Ms. Stabenow, and Mr. Reid) to the bill S. 1390,
to authorize appropriations for fiscal year 2010 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; as follows:

At the appropriate place, insert the following:

SEC. __. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL
INVESTIGATIONS AND PROSECUTIONS BY STATE AND
LOCAL LAW ENFORCEMENT OFFICIALS.

(a) In General.--Notwithstanding any other provision of
this Act, division E of this Act (relating to hate crimes),
and the amendments made by that division, shall have no force
or effect.
(b) Studies.--
(1) Collection of data.--
(A) Definition of relevant offense.--In this paragraph, the
term ``relevant offense'' means a crime described in
subsection (b)(1) of the first section of Public Law 101-275
(28 U.S.C. 534 note) and a crime that manifests evidence of
prejudice based on gender or age.
(B) Collection from cross section of states.--Not later
than 120 days after the date of enactment of this Act, the
Comptroller General of the United States, in consultation
with the National Governors' Association, shall, if possible,
select 10 jurisdictions with laws classifying certain types
of offenses as relevant offenses and 10 jurisdictions without
such laws from which to collect the data described in
subparagraph (C) over a 12-month period.
(C) Data to be collected.--The data described in this
paragraph are--
(i) the number of relevant offenses that are reported and
investigated in the jurisdiction;
(ii) the percentage of relevant offenses that are
prosecuted and the percentage that result in conviction;
(iii) the duration of the sentences imposed for crimes
classified as relevant offenses in the jurisdiction, compared
with the length of sentences imposed for similar crimes
committed in jurisdictions with no laws relating to relevant
offenses; and
(iv) references to and descriptions of the laws under which
the offenders were punished.
(D) Costs.--Participating jurisdictions shall be reimbursed
for the reasonable and necessary costs of compiling data
collected under this paragraph.
(2) Study of relevant offense activity.--
(A) In general.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall complete a study and submit to Congress a report
that analyzes the data collected under paragraph (1) and
under section 534 of title 28, United States Code, to
determine the extent of relevant offense activity throughout
the United States and the success of State and local
officials in combating that activity.
(B) Identification of trends.--In the study conducted under
subparagraph (A), the Comptroller General of the United
States shall identify any trends in the commission of
relevant offenses specifically by--
(i) geographic region;
(ii) type of crime committed; and
(iii) the number and percentage of relevant offenses that
are prosecuted and the number for which convictions are
obtained.
(c) Assistance Other Than Financial Assistance.--At the
request of a law enforcement official of a State or a
political subdivision of a State, the Attorney General,
acting through the Director of the Federal Bureau of
Investigation and in cases where the Attorney General
determines special circumstances exist, may provide
technical, forensic, prosecutorial, or any other assistance
in the criminal investigation or prosecution of any crime
that--
(1) constitutes a crime of violence (as defined in section
16 of title 18, United States Code);
(2) constitutes a felony under the laws of the State; and
(3) is motivated by animus against the victim by reason of
the membership of the victim in a particular class or group.
(d) Grants.--
(1) In general.--The Attorney General may, in cases where
the Attorney General determines special circumstances exist,
make grants to States and local subdivisions of States to
assist those entities in the investigation and prosecution of
crimes motivated by animus against the victim by reason of
the membership of the victim in a particular class or group.

[[Page S7662]]

(2) Eligibility.--A State or political subdivision of a
State applying for assistance under this subsection shall--
(A) describe the purposes for which the grant is needed;
and
(B) certify that the State or political subdivision lacks
the resources necessary to investigate or prosecute a crime
motivated by animus against the victim by reason of the
membership of the victim in a particular class or group.
(3) Deadline.--An application for a grant under this
subsection shall be approved or disapproved by the Attorney
General not later than 10 days after the application is
submitted.
(4) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single case.
(5) Report and audit.--Not later than December 31, 2010,
the Attorney General, in consultation with the National
Governors' Association, shall--
(A) submit to Congress a report describing the applications
made for grants under this subsection, the award of such
grants, and the effectiveness of the grant funds awarded; and
(B) conduct an audit of the grants awarded under this
subsection to ensure that such grants are used for the
purposes provided in this subsection.
(e) Authorization of Appropriations.--There is authorized
to be appropriated $5,000,000 for each of the fiscal years
2010 and 2011 to carry out this section.
______