U.S. Congress - Text of S.2237 as Introduced in Senate Crime Control and Prevention Act of 2007
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S 2237 ISCommentsClose CommentsPermalink
To fight crime.CommentsClose CommentsPermalink
October 25, 2007
Mr. BIDEN introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
To fight crime.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the `Crime Control and Prevention Act of 2007'.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
TITLE I--SUPPORTING THE FIRST LINE OF DEFENSE
Subtitle A--COPS Improvement Act
Sec. 1101. Short title.CommentsClose CommentsPermalink
Sec. 1102. COPS grant improvements.CommentsClose CommentsPermalink
Subtitle B--FBI Act of 2007
Sec. 1201. Short title.CommentsClose CommentsPermalink
Sec. 1202. Findings.CommentsClose CommentsPermalink
Sec. 1203. Authorization for more agents.CommentsClose CommentsPermalink
Subtitle C--Project to Protect America Act of 2007
Sec. 1301. Short title.CommentsClose CommentsPermalink
Sec. 1302. Findings.CommentsClose CommentsPermalink
Sec. 1303. Definitions.CommentsClose CommentsPermalink
Sec. 1304. Housing allowance demonstration project.CommentsClose CommentsPermalink
Sec. 1305. Annuity protection.CommentsClose CommentsPermalink
Sec. 1306. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle D--Drug Enforcement Special Agents Restoration Act of 2007
Sec. 1401. Short title.CommentsClose CommentsPermalink
Sec. 1402. Findings.CommentsClose CommentsPermalink
Sec. 1403. Additional DEA special agents.CommentsClose CommentsPermalink
Sec. 1404. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle E--National Commission on Law Enforcement and the Administration of Justice Act of 2007
Sec. 1501. Short title.CommentsClose CommentsPermalink
Sec. 1502. Findings.CommentsClose CommentsPermalink
Sec. 1503. Establishment of Commission.CommentsClose CommentsPermalink
Sec. 1504. Report to Congress.CommentsClose CommentsPermalink
Sec. 1505. Powers of the Commission.CommentsClose CommentsPermalink
Sec. 1506. Commission personnel matters.CommentsClose CommentsPermalink
Sec. 1507. Termination of the Commission.CommentsClose CommentsPermalink
Sec. 1508. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE II--PREVENTING VIOLENT CRIME AND BREAKING THE CYCLE OF VIOLENCE
Subtitle A--Taking Care of Children
Part I--Head Start
Sec. 2101. Head Start Act.CommentsClose CommentsPermalink
Part II--Child Abuse Prevention and Treatment
Sec. 2111. Child Abuse Prevention and Treatment Act.CommentsClose CommentsPermalink
Sec. 2112. After-school programs.CommentsClose CommentsPermalink
Sec. 2113. Community prevention.CommentsClose CommentsPermalink
Sec. 2114. Effective juvenile justice intervention programs.CommentsClose CommentsPermalink
Sec. 2115. Safe and healthy tribal communities.CommentsClose CommentsPermalink
Sec. 2116. Strengthening tribal law enforcement and courts.CommentsClose CommentsPermalink
Part III--Improvements to the Strengthening Abuse and Neglect Courts Act of 2000
Sec. 2131. Improvements to the Strengthening Abuse and Neglect Courts Act of 2000.CommentsClose CommentsPermalink
Part IV--Safe Babies Act of 2007
Sec. 2141. Short title.CommentsClose CommentsPermalink
Sec. 2142. Findings.CommentsClose CommentsPermalink
Sec. 2143. Court Teams.CommentsClose CommentsPermalink
Sec. 2144. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Gang Abatement and Prevention Act of 2007
Sec. 2201. Short title.CommentsClose CommentsPermalink
Sec. 2202. Findings.CommentsClose CommentsPermalink
Part I--New Federal Criminal Laws Needed To Fight Violent National, International, Regional, and Local Gangs That Affect Interstate and Foreign Commerce
Sec. 2221. Revision and extension of penalties related to criminal street gang activity.CommentsClose CommentsPermalink
Part II--Violent Crime Reforms To Reduce Gang Violence
Sec. 2241. Violent crimes in aid of racketeering activity.CommentsClose CommentsPermalink
Sec. 2242. Murder and other violent crimes committed during and in relation to a drug trafficking crime.CommentsClose CommentsPermalink
Sec. 2243. Expansion of rebuttable presumption against release of persons charged with firearms offenses.CommentsClose CommentsPermalink
Sec. 2244. Statute of limitations for violent crime.CommentsClose CommentsPermalink
Sec. 2245. Study of hearsay exception for forfeiture by wrongdoing.CommentsClose CommentsPermalink
Sec. 2246. Possession of firearms by dangerous felons.CommentsClose CommentsPermalink
Sec. 2247. Conforming amendment.CommentsClose CommentsPermalink
Sec. 2248. Amendments relating to violent crime.CommentsClose CommentsPermalink
Sec. 2249. Publicity campaign about new criminal penalties.CommentsClose CommentsPermalink
Sec. 2250. Statute of limitations for terrorism offenses.CommentsClose CommentsPermalink
Sec. 2251. Crimes committed in Indian country or exclusive Federal jurisdiction as racketeering predicates.CommentsClose CommentsPermalink
Sec. 2252. Predicate crimes for authorization of interception of wire, oral, and electronic communications.CommentsClose CommentsPermalink
Sec. 2253. Clarification of Hobbs Act.CommentsClose CommentsPermalink
Sec. 2254. Interstate tampering with or retaliation against a witness, victim, or informant in a State criminal proceeding.CommentsClose CommentsPermalink
Sec. 2255. Amendment of sentencing guidelines.CommentsClose CommentsPermalink
Part III--Increased Federal Resources To Deter and Prevent Seriously At-Risk Youth From Joining Illegal Street Gangs and for Other Purposes
Sec. 2261. Designation of and assistance for high intensity gang activity areas.CommentsClose CommentsPermalink
Sec. 2262. Gang prevention grants.CommentsClose CommentsPermalink
Sec. 2263. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs.CommentsClose CommentsPermalink
Sec. 2264. Additional resources needed by the Federal Bureau of Investigation to investigate and prosecute violent criminal street gangs.CommentsClose CommentsPermalink
Sec. 2265. Grants to prosecutors and law enforcement to combat violent crime.CommentsClose CommentsPermalink
Sec. 2266. Expansion and reauthorization of the Mentoring Initiative for system involved youth.CommentsClose CommentsPermalink
Sec. 2267. Demonstration grants to encourage creative approaches to gang activity and after-school programs.CommentsClose CommentsPermalink
Sec. 2268. Short-Term State Witness Protection Section.CommentsClose CommentsPermalink
Sec. 2269. Witness protection services.CommentsClose CommentsPermalink
Sec. 2270. Expansion of Federal witness relocation and protection program.CommentsClose CommentsPermalink
Sec. 2271. Family abduction prevention grant program.CommentsClose CommentsPermalink
Sec. 2272. Study on adolescent development and sentences in the Federal system.CommentsClose CommentsPermalink
Sec. 2273. National youth anti-heroin media campaign.CommentsClose CommentsPermalink
Sec. 2274. Training at the National Advocacy Center.CommentsClose CommentsPermalink
Part IV--Crime Prevention and Intervention Strategies
Sec. 2281. Short title.CommentsClose CommentsPermalink
Sec. 2282. Purposes.CommentsClose CommentsPermalink
Sec. 2283. Definitions.CommentsClose CommentsPermalink
Sec. 2284. National Commission on Public Safety Through Crime Prevention.CommentsClose CommentsPermalink
Sec. 2285. Innovative crime prevention and intervention strategy grants.CommentsClose CommentsPermalink
Subtitle C--School Safety and Student Protection Act of 2007
Sec. 2301. Short title.CommentsClose CommentsPermalink
Sec. 2302. Bullying prevention policies, programs, and statistics.CommentsClose CommentsPermalink
Subtitle D--Civic Justice Corps Demonstration Act of 2007
Sec. 2401. Short title.CommentsClose CommentsPermalink
Sec. 2402. Purpose.CommentsClose CommentsPermalink
Sec. 2403. Definitions.CommentsClose CommentsPermalink
Sec. 2404. Grants authorized.CommentsClose CommentsPermalink
Sec. 2405. Application process.CommentsClose CommentsPermalink
Sec. 2406. Reports and evaluation.CommentsClose CommentsPermalink
Sec. 2407. Best practices.CommentsClose CommentsPermalink
Sec. 2408. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle E--National Domestic Violence Volunteer Attorney Network Act
Sec. 2501. Short title.CommentsClose CommentsPermalink
Sec. 2502. Definitions.CommentsClose CommentsPermalink
Sec. 2503. National domestic violence volunteer attorney network.CommentsClose CommentsPermalink
Sec. 2504. Domestic violence volunteer attorney referral program.CommentsClose CommentsPermalink
Sec. 2505. Technical assistance for the national domestic violence volunteer attorney network.CommentsClose CommentsPermalink
Sec. 2506. National domestic violence hotline legal referrals.CommentsClose CommentsPermalink
Sec. 2507. Study of legal representation of domestic violence victims.CommentsClose CommentsPermalink
Sec. 2508. Establish a domestic violence legal advisory task force.CommentsClose CommentsPermalink
Subtitle F--Juvenile Delinquency Court Improvement
Sec. 2601. Juvenile Delinquency Court Improvement Act.CommentsClose CommentsPermalink
Sec. 2602. The Juvenile Delinquency Judicial Training and Technical Assistance Act.CommentsClose CommentsPermalink
Sec. 2603. The Juvenile and Family Court Training, Technical Assistance, and Data Collection Act.CommentsClose CommentsPermalink
Sec. 2604. Model Courts Enhancements Act.CommentsClose CommentsPermalink
Subtitle G--Improving Assistance to Domestic and Sexual Violence Victims Act of 2007
Sec. 2701. Short title.CommentsClose CommentsPermalink
Sec. 2702. Definitions and universal grant conditions.CommentsClose CommentsPermalink
Sec. 2703. Criminal justice.CommentsClose CommentsPermalink
Sec. 2704. Families.CommentsClose CommentsPermalink
Sec. 2705. Housing.CommentsClose CommentsPermalink
Sec. 2706. Economic security.CommentsClose CommentsPermalink
Sec. 2707. Tribal issues.CommentsClose CommentsPermalink
Sec. 2708. Polygraph procedures.CommentsClose CommentsPermalink
Sec. 2709. Sexual assault nurse examiners.CommentsClose CommentsPermalink
TITLE III--PROTECTING COMMUNITIES BY REDUCING RECIDIVISM
Subtitle A--Enhanced Second Chance Act of 2007
Sec. 3101. Short title.CommentsClose CommentsPermalink
Sec. 3102. Finding.CommentsClose CommentsPermalink
Sec. 3103. Reauthorization of adult and juvenile offender State and local reentry demonstration projects.CommentsClose CommentsPermalink
Sec. 3104. Task force on Federal programs and activities relating to reentry of offenders.CommentsClose CommentsPermalink
Sec. 3105. Offender reentry research.CommentsClose CommentsPermalink
Sec. 3106. Children of incarcerated parents and families.CommentsClose CommentsPermalink
Sec. 3107. Encouragement of employment of former prisoners.CommentsClose CommentsPermalink
Sec. 3108. Federal resource center for children of prisoners.CommentsClose CommentsPermalink
Sec. 3109. Elimination of age requirement for relative caregiver under national family caregiver support program.CommentsClose CommentsPermalink
Sec. 3110. Clarification of authority to place prisoner in community corrections.CommentsClose CommentsPermalink
Sec. 3111. Use of violent offender truth-in-sentencing grant funding for demonstration project activities.CommentsClose CommentsPermalink
Sec. 3112. Grants to study parole or post incarceration supervision violations and revocations.CommentsClose CommentsPermalink
Sec. 3113. Reauthorization of residential substance abuse treatment for State prisoners program.CommentsClose CommentsPermalink
Sec. 3114. Reauthorization of substance abuse treatment program under title 18.CommentsClose CommentsPermalink
Sec. 3115. Removal of limitation on amount of funds available for corrections education programs under the Adult Education and Family Literacy Act.CommentsClose CommentsPermalink
Sec. 3116. Mentoring grants to community-based organizations.CommentsClose CommentsPermalink
Sec. 3117. Group homes for recovering substance abusers.CommentsClose CommentsPermalink
Sec. 3118. Improved reentry procedures for Federal prisoners.CommentsClose CommentsPermalink
Sec. 3119. Family unification in public housing.CommentsClose CommentsPermalink
Subtitle B--Commission To Study Alternatives to Incarceration of Non-Violent Mentally Ill Offenders Act of 2007
Sec. 3201. Short title.CommentsClose CommentsPermalink
Sec. 3202. Findings.CommentsClose CommentsPermalink
Sec. 3203. National commission on inmates with mental illness.CommentsClose CommentsPermalink
Sec. 3204. Reporting.CommentsClose CommentsPermalink
Sec. 3205. Powers of the Commission.CommentsClose CommentsPermalink
Sec. 3206. Commission personnel matters.CommentsClose CommentsPermalink
Sec. 3207. Termination of the Commission.CommentsClose CommentsPermalink
Sec. 3208. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE IV--PROTECTING CHILDREN
Subtitle A--Combating Child Exploitation Act of 2007
Sec. 4101. Short title.CommentsClose CommentsPermalink
Sec. 4102. Findings.CommentsClose CommentsPermalink
Sec. 4103. Definitions.CommentsClose CommentsPermalink
Part I--Special Counsel for Child Exploitation Prevention and Interdiction
Sec. 4111. Establishment of Special Counsel for Child Exploitation Prevention and Interdiction.CommentsClose CommentsPermalink
Sec. 4112. Establishment of ICAC Task Force Program.CommentsClose CommentsPermalink
Sec. 4113. Purpose of ICAC Task Forces.CommentsClose CommentsPermalink
Sec. 4114. Duties and functions of Task Forces.CommentsClose CommentsPermalink
Sec. 4115. National ICAC Data Network Center.CommentsClose CommentsPermalink
Sec. 4116. ICAC grant program.CommentsClose CommentsPermalink
Sec. 4117. Authorization of appropriations.CommentsClose CommentsPermalink
Part II--Additional Measures To Combat Child Exploitation
Sec. 4121. Additional regional computer forensic labs.CommentsClose CommentsPermalink
Sec. 4122. Enhanced authority to investigate Internet crimes against children.CommentsClose CommentsPermalink
Sec. 4123. Additional field agents for the FBI.CommentsClose CommentsPermalink
Sec. 4124. Immigrations and customs enforcement enhancement.CommentsClose CommentsPermalink
Sec. 4125. Combating trafficking via the United States Postal Service.CommentsClose CommentsPermalink
Sec. 4126. Accountability provisions for child exploitation prevention and interdiction.CommentsClose CommentsPermalink
Sec. 4127. Truth in sentencing report.CommentsClose CommentsPermalink
Subtitle B--Violence Against Children Act of 2007
Sec. 4201. Short title.CommentsClose CommentsPermalink
Sec. 4202. Findings.CommentsClose CommentsPermalink
Part I--Enhanced Federal Role in Crimes Against Children
Sec. 4211. Enhanced penalties.CommentsClose CommentsPermalink
Sec. 4212. Enhanced assistance for criminal investigations and prosecutions by State and local law enforcement officials.CommentsClose CommentsPermalink
Part II--Grant Programs
Sec. 4221. Federal assistance to State and local law enforcement.CommentsClose CommentsPermalink
Sec. 4222. Education, prevention, and victims' assistance grants.CommentsClose CommentsPermalink
Part III--Nationwide Programs
Sec. 4231. Improved statistical gathering.CommentsClose CommentsPermalink
Sec. 4232. National safe haven.CommentsClose CommentsPermalink
Sec. 4233. Improved child protection services programs.CommentsClose CommentsPermalink
Sec. 4234. Model training and caseload standards.CommentsClose CommentsPermalink
Part IV--Mynisha's Law
Sec. 4241. Short title.CommentsClose CommentsPermalink
Sec. 4242. Federal coordination and assistance in preventing gang violence.CommentsClose CommentsPermalink
Sec. 4243. Designation as a High Intensity Interstate Gang Area.CommentsClose CommentsPermalink
Sec. 4244. Purpose of the Task Force.CommentsClose CommentsPermalink
Sec. 4245. Authorization of appropriations.CommentsClose CommentsPermalink
Part V--School Safety Enhancements
Sec. 4251. Grant program for school security.CommentsClose CommentsPermalink
Sec. 4252. Applications.CommentsClose CommentsPermalink
Sec. 4253. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE V--DRUG CONTROL, PREVENTION AND TREATMENT
Subtitle A--Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007
Sec. 5101. Short title.CommentsClose CommentsPermalink
Sec. 5102. Cocaine sentencing disparity elimination.CommentsClose CommentsPermalink
Sec. 5103. Elimination of mandatory minimum for simple possession.CommentsClose CommentsPermalink
Sec. 5104. Increased emphasis on certain aggravating and mitigating factors.CommentsClose CommentsPermalink
Sec. 5105. Offender drug treatment incentive grants.CommentsClose CommentsPermalink
Sec. 5106. Grants for demonstration programs to reduce drug use substance abusers.CommentsClose CommentsPermalink
Sec. 5107. Emergency authority for United States sentencing commission.CommentsClose CommentsPermalink
Sec. 5108. Increased penalties for major drug traffickers.CommentsClose CommentsPermalink
Sec. 5109. Authorization of appropriations and required report.CommentsClose CommentsPermalink
Sec. 5110. Effective date.CommentsClose CommentsPermalink
Subtitle B--Dextromethorphan Abuse Reduction Act of 2007
Sec. 5201. Short title.CommentsClose CommentsPermalink
Sec. 5202. Findings.CommentsClose CommentsPermalink
Sec. 5203. Dextromethorphan.CommentsClose CommentsPermalink
Subtitle C--Recognizing Addiction as a Disease Act of 2007
Sec. 5301. Short title.CommentsClose CommentsPermalink
Sec. 5302. Findings.CommentsClose CommentsPermalink
Sec. 5303. Name change.CommentsClose CommentsPermalink
Subtitle D--Children of Addicted Parents of 2007
Sec. 5401. Short title.CommentsClose CommentsPermalink
Sec. 5402. Findings.CommentsClose CommentsPermalink
Sec. 5403. Definitions.CommentsClose CommentsPermalink
Sec. 5404. Grant program.CommentsClose CommentsPermalink
Sec. 5405. Training for providers.CommentsClose CommentsPermalink
Sec. 5406. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle E--Online Pharmacy Bill
Sec. 5501. Short title.CommentsClose CommentsPermalink
Sec. 5502. Requirement of a valid prescription for controlled substances dispensed by means of the Internet.CommentsClose CommentsPermalink
Sec. 5503. Amendments to the Controlled Substances Act relating to the delivery of controlled substances by means of the Internet.CommentsClose CommentsPermalink
Subtitle F--Local Drug Crisis Enhancement Grants Act
Sec. 5601. Short title.CommentsClose CommentsPermalink
Sec. 5602. Grants.CommentsClose CommentsPermalink
Subtitle G--Extraterritorial Controlled Substance Trafficking Venue Clarification Act of 2007
Sec. 5701. Short title.CommentsClose CommentsPermalink
Sec. 5702. Findings.CommentsClose CommentsPermalink
Sec. 5703. Additional basis of venue for extraterritorial trafficking in controlled substances.CommentsClose CommentsPermalink
Sec. 5704. Effective date.CommentsClose CommentsPermalink
Subtitle H--Methamphetamine Production Prevention Act of 2007
Sec. 5801. Short title.CommentsClose CommentsPermalink
Sec. 5802. Findings.CommentsClose CommentsPermalink
Sec. 5803. Definitions.CommentsClose CommentsPermalink
Sec. 5804. Authorization for Effective Methamphetamine Precursor Electronic Logbook Systems.CommentsClose CommentsPermalink
Sec. 5805. Grants for Methamphetamine Precursor Electronic Logbook Systems.CommentsClose CommentsPermalink
Sec. 5806. Study.CommentsClose CommentsPermalink
Sec. 5807. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle I--PACT Act
Sec. 5901. Short title.CommentsClose CommentsPermalink
Sec. 5902. Purpose.CommentsClose CommentsPermalink
Sec. 5903. Authorization of program.CommentsClose CommentsPermalink
Sec. 5904. Use of funds.CommentsClose CommentsPermalink
Sec. 5905. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE VI--PREVENTING ILLEGAL TRAFFICKING OF FIREARMS
Subtitle A--Firearms Background Check Enhancement Act of 2007
Sec. 6101. Short title.CommentsClose CommentsPermalink
Sec. 6102. Findings.CommentsClose CommentsPermalink
Sec. 6103. Extension of brady background checks to gun shows.CommentsClose CommentsPermalink
Subtitle B--Assault Weapons Ban Renewal Act of 2007
Sec. 6201. Short title.CommentsClose CommentsPermalink
Sec. 6202. Restriction on manufacture, transfer, and possession of certain semiautomatic assault weapons.CommentsClose CommentsPermalink
Sec. 6203. Ban of large capacity ammunition feeding devices.CommentsClose CommentsPermalink
Sec. 6204. Study by Attorney General.CommentsClose CommentsPermalink
Sec. 6205. Effective date.CommentsClose CommentsPermalink
Sec. 6206. Appendix A to section 922 of title 18.CommentsClose CommentsPermalink
Appendix A.CommentsClose CommentsPermalink
TITLE VII--TECHNOLOGY AND CRIMES
Subtitle A--Forensics Grants Improvement Act of 2007
Sec. 7101. Short title.CommentsClose CommentsPermalink
Sec. 7102. Authorization.CommentsClose CommentsPermalink
Sec. 7103. Elimination of backlog.CommentsClose CommentsPermalink
Sec. 7104. Allocation.CommentsClose CommentsPermalink
Sec. 7105. Use of funds for other forensic sciences.CommentsClose CommentsPermalink
Subtitle B--Grant Program for Export of FBI DNA Software
Sec. 7201. Program.CommentsClose CommentsPermalink
Sec. 7202. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle C--Cyber Security Act of 2007
Sec. 7301. Short title.CommentsClose CommentsPermalink
Sec. 7302. Conspiracy to commit cyber crimes.CommentsClose CommentsPermalink
Sec. 7303. Fixing loopholes with cyber extortion.CommentsClose CommentsPermalink
Sec. 7304. Damage to protected computers.CommentsClose CommentsPermalink
Sec. 7305. RICO predicates.CommentsClose CommentsPermalink
Sec. 7306. Use of full interstate and foreign commerce power for criminal penalties.CommentsClose CommentsPermalink
Sec. 7307. Civil forfeiture for section 1030 violations.CommentsClose CommentsPermalink
Sec. 7308. Directive to sentencing commission.CommentsClose CommentsPermalink
Sec. 7309. Additional funding for resources to investigate and prosecute criminal activity involving computers.CommentsClose CommentsPermalink
Subtitle D--Protecting Electronic Voting Act of 2007
Sec. 7401. Short title.CommentsClose CommentsPermalink
Sec. 7402. Findings.CommentsClose CommentsPermalink
Sec. 7403. Protecting computers used by candidates for Federal office and political parties.CommentsClose CommentsPermalink
Sec. 7404. Protecting computers used in administering elections.CommentsClose CommentsPermalink
TITLE VIII--INTELLECTUAL PROPERTY
Sec. 8001. Short title.CommentsClose CommentsPermalink
Sec. 8002. Registration in civil infringement actions.CommentsClose CommentsPermalink
Sec. 8003. Civil remedies for infringement.CommentsClose CommentsPermalink
Sec. 8004. Criminal infringement.CommentsClose CommentsPermalink
Sec. 8005. Importation and exportation.CommentsClose CommentsPermalink
Sec. 8006. Digital Millennium Copyright Act.CommentsClose CommentsPermalink
Sec. 8007. Forfeiture under Economic Espionage Act.CommentsClose CommentsPermalink
Sec. 8008. Trafficking in counterfeit labels.CommentsClose CommentsPermalink
Sec. 8009. Criminal infringement of a copyright.CommentsClose CommentsPermalink
Sec. 8010. Unauthorized fixation and trafficking.CommentsClose CommentsPermalink
Sec. 8011. Unauthorized recording of motion pictures.CommentsClose CommentsPermalink
Sec. 8012. Trafficking in counterfeit goods or services.CommentsClose CommentsPermalink
Sec. 8013. Interception of wire, oral, or electronic communications.CommentsClose CommentsPermalink
TITLE IX--CRIME VICTIMS
Subtitle A--Crime Victims With Disabilities Act of 2007
Sec. 9101. Short title.CommentsClose CommentsPermalink
Sec. 9102. Findings.CommentsClose CommentsPermalink
Sec. 9103. Purpose.CommentsClose CommentsPermalink
Sec. 9104. Department of Justice Crime Victims With Disabilities Collaboration Program.CommentsClose CommentsPermalink
Sec. 9105. Research grant and report.CommentsClose CommentsPermalink
Subtitle B--Restitution for Victims of Crime Act of 2007
Sec. 9201. Short title.CommentsClose CommentsPermalink
Part I--Collection of Restitution
Sec. 9211. Short title.CommentsClose CommentsPermalink
Sec. 9212. Procedure for issuance and enforcement of restitution.CommentsClose CommentsPermalink
Sec. 9213. Imposition of criminal fines and payment directions.CommentsClose CommentsPermalink
Sec. 9214. Collection of unpaid fines or restitution.CommentsClose CommentsPermalink
Sec. 9215. Attorney's fees for victims.CommentsClose CommentsPermalink
Part II--Preservation of Assets for Restitution
Sec. 9221. Short title.CommentsClose CommentsPermalink
Sec. 9222. Amendments to the Mandatory Victims Restitution Act.CommentsClose CommentsPermalink
Sec. 9223. Amendments to the anti-fraud injunction statute.CommentsClose CommentsPermalink
Sec. 9224. Amendments to the Federal Debt Collection Procedures Act.CommentsClose CommentsPermalink
Part III--Environmental Crimes Restitution
Sec. 9231. Short title.CommentsClose CommentsPermalink
Sec. 9232. Immediate availability of restitution to victims of environmental crimes.CommentsClose CommentsPermalink
TITLE X--MISCELLANEOUS
Subtitle A--Continuity of Justice Act of 2007
Sec. 10101. Short title.CommentsClose CommentsPermalink
Sec. 10102. Findings.CommentsClose CommentsPermalink
Sec. 10103. Definitions.CommentsClose CommentsPermalink
Sec. 10104. Grants to courts.CommentsClose CommentsPermalink
Subtitle B--Homeland Security Trust Fund Act of 2007
Sec. 10201. Short title.CommentsClose CommentsPermalink
Sec. 10202. Findings.CommentsClose CommentsPermalink
Sec. 10203. Definitions.CommentsClose CommentsPermalink
Sec. 10204. Homeland Security and Neighborhood Safety Trust Fund.CommentsClose CommentsPermalink
Sec. 10205. Preventing terror attacks on the homeland.CommentsClose CommentsPermalink
Sec. 10206. Authorization of Appropriations for Additional Activities for Homeland Security.CommentsClose CommentsPermalink
Sec. 10207. Homeland Security Spending Advisory Board.CommentsClose CommentsPermalink
Subtitle C--Commercial Equipment Direct Assistance Program Act of 2007
Sec. 10301. Short title.CommentsClose CommentsPermalink
Sec. 10302. Commercial Equipment Direct Assistance Program.CommentsClose CommentsPermalink
TITLE I--SUPPORTING THE FIRST LINE OF DEFENSE
Subtitle A--COPS Improvement Act
SEC. 1101. SHORT TITLE.
This subtitle may be cited as the `COPS Improvements Act of 2007'.CommentsClose CommentsPermalink
SEC. 1102. COPS GRANT IMPROVEMENTS.
(a) In General- Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) by amending subsection (a) to read as follows:CommentsClose CommentsPermalink
`(a) Grant Authorization- The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, multijurisdictional or regional consortia, and individuals for the purposes described in subsections (b), (c), (d), and (e).';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by striking the subsection heading text and inserting `Community Policing and Crime Prevention Grants';CommentsClose CommentsPermalink
(B) in paragraph (3), by striking `, to increase the number of officers deployed in community-oriented policing';CommentsClose CommentsPermalink
(C) in paragraph (4), by inserting `or train' after `pay for';CommentsClose CommentsPermalink
(D) by inserting after paragraph (4) the following:CommentsClose CommentsPermalink
`(5) award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems in and around elementary and secondary schools;';CommentsClose CommentsPermalink
(E) by striking paragraph (9);CommentsClose CommentsPermalink
(F) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively;CommentsClose CommentsPermalink
(G) by striking paragraph (13);CommentsClose CommentsPermalink
(H) by redesignating paragraphs (14) through (17) as paragraphs (12) through (15), respectively;CommentsClose CommentsPermalink
(I) in paragraph (14), as so redesignated, by striking `and' at the end;CommentsClose CommentsPermalink
(J) in paragraph (15), as so redesignated, by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(K) by adding at the end the following:CommentsClose CommentsPermalink
`(16) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of methamphetamine; andCommentsClose CommentsPermalink
`(17) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, as warranted.';CommentsClose CommentsPermalink
(3) by striking subsection (c);CommentsClose CommentsPermalink
(4) by striking subsections (h) and (i);CommentsClose CommentsPermalink
(5) by redesignating subsections (d) through (g) as subsections (f) through (i), respectively;CommentsClose CommentsPermalink
(6) by inserting after subsection (b) the following:CommentsClose CommentsPermalink
`(c) Troops-to-Cops Programs-CommentsClose CommentsPermalink
`(1) IN GENERAL- Grants made under subsection (a) may be used to hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community-oriented policing, particularly in communities that are adversely affected by a recent military base closing.CommentsClose CommentsPermalink
`(2) DEFINITION- In this subsection, `former member of the Armed Forces' means a member of the Armed Forces of the United States who is involuntarily separated from the Armed Forces within the meaning of
`(d) Community Prosecutors Program- The Attorney General may make grants under subsection (a) to pay for additional community prosecuting programs, including programs that assign prosecutors to--CommentsClose CommentsPermalink
`(1) handle cases from specific geographic areas; andCommentsClose CommentsPermalink
`(2) address counter-terrorism problems, specific violent crime problems (including intensive illegal gang, gun, and drug enforcement and quality of life initiatives), and localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others.CommentsClose CommentsPermalink
`(e) Technology Grants- The Attorney General may make grants under subsection (a) to develop and use new technologies (including interoperable communications technologies, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies.';CommentsClose CommentsPermalink
(7) in subsection (f), as so redesignated--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking `to States, units of local government, Indian tribal governments, and to other public and private entities,';CommentsClose CommentsPermalink
(B) in paragraph (2), by striking `define for State and local governments, and other public and private entities,' and inserting `establish';CommentsClose CommentsPermalink
(C) in the first sentence of paragraph (3), by inserting `(including regional community policing institutes)' after `training centers or facilities'; andCommentsClose CommentsPermalink
(D) by adding at the end the following:CommentsClose CommentsPermalink
`(4) EXCLUSIVITY- The Office of Community Oriented Policing Services shall be the exclusive component of the Department of Justice to perform the functions and activities specified in this paragraph.';CommentsClose CommentsPermalink
(8) in subsection (g), as so redesignated, by striking `may utilize any component', and all that follows and inserting `shall use the Office of Community Oriented Policing Services of the Department of Justice in carrying out this part.';CommentsClose CommentsPermalink
(9) in subsection (h), as so redesignated--CommentsClose CommentsPermalink
(A) by striking `subsection (a)' the first place that term appears and inserting `paragraphs (1) and (2) of subsection (b)'; andCommentsClose CommentsPermalink
(B) by striking `in each fiscal year pursuant to subsection (a)' and inserting `in each fiscal year for purposes described in paragraph (1) and (2) of subsection (b)';CommentsClose CommentsPermalink
(10) in subsection (i), as so redesignated, by striking the second sentence; andCommentsClose CommentsPermalink
(11) by adding at the end the following:CommentsClose CommentsPermalink
`(j) Retention of Additional Officer Positions- For any grant under paragraph (1) or (2) of subsection (b) for hiring or rehiring career law enforcement officers, a grant recipient shall retain each additional law enforcement officer position created under that grant for not less than 12 months after the end of the period of that grant, unless the Attorney General waives, wholly or in part, the retention requirement of a program, project, or activity.'.CommentsClose CommentsPermalink
(b) Applications- Section 1702 of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) in subsection (c)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by inserting `, unless waived by the Attorney General' after `under this part shall';CommentsClose CommentsPermalink
(B) by striking paragraph (8); andCommentsClose CommentsPermalink
(C) by redesignating paragraphs (9) through (11) as paragraphs (8) through (10), respectively; andCommentsClose CommentsPermalink
(2) by striking subsection (d).CommentsClose CommentsPermalink
(c) Renewal of Grants- Section 1703 of the Omnibus Crime Control and Safe Streets Act of 1968 (
`SEC. 1703. RENEWAL OF GRANTS.
`(a) In General- A grant made under this part may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application.CommentsClose CommentsPermalink
`(b) No Cost Extensions- Notwithstanding subsection (a), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award.'.CommentsClose CommentsPermalink
(d) Limitation on Use of Funds- Section 1704 of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) in subsection (a), by striking `that would, in the absence of Federal funds received under this part, be made available from State or local sources' and inserting `that the Attorney General determines would, in the absence of Federal funds received under this part, be made available for the purpose of the grant under this part from State or local sources'; andCommentsClose CommentsPermalink
(2) by striking subsection (c).CommentsClose CommentsPermalink
(e) Enforcement Actions-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 1706 of the Omnibus Crime Control and Safe Streets Act of 1968 (
(A) in the section heading, by striking `revocation or suspension of funding' and inserting `enforcement actions'; andCommentsClose CommentsPermalink
(B) by striking `revoke or suspend' and all that follows and inserting `take any enforcement action available to the Department of Justice.'.CommentsClose CommentsPermalink
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
`Sec. 1706. Enforcement actions.'.CommentsClose CommentsPermalink
(f) Definitions- Section 1709(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) by inserting `who is a sworn law enforcement officer' after `permanent basis'; andCommentsClose CommentsPermalink
(2) by inserting `, including officers for the Amtrak Police Department' before the period at the end.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- Section 1001(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) in subparagraph (A), by striking `$1,047,119,000' and all that follows and inserting `$1,150,000,000 for each of fiscal years 2007 through 2012.'; andCommentsClose CommentsPermalink
(2) in subparagraph (B)--CommentsClose CommentsPermalink
(A) in the first sentence, by striking `3 percent' and inserting `5 percent'; andCommentsClose CommentsPermalink
(B) by striking the second sentence and inserting the following: `Of the funds available for grants under part Q, not less than $600,000,000 shall be used for grants for the purposes specified in section 1701(b), not more than $200,000,000 shall be used for grants under section 1701(d), and not more than $350,000,000 shall be used for grants under section 1701(e).'.CommentsClose CommentsPermalink
(h) Purposes- Section 10002 of the Public Safety Partnership and Community Policing Act of 1994 (
(1) in paragraph (4), by striking `development' and inserting `use'; andCommentsClose CommentsPermalink
(2) in the matter following paragraph (4), by striking `for a period of 6 years'.CommentsClose CommentsPermalink
(i) COPS Program Improvements-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 109(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(A) by striking paragraph (1);CommentsClose CommentsPermalink
(B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; andCommentsClose CommentsPermalink
(C) in paragraph (2), as so redesignated, by inserting `, except for the program under part Q of this title' before the period.CommentsClose CommentsPermalink
(2) LAW ENFORCEMENT COMPUTER SYSTEMS- Section 107 of the Omnibus Crime Control and Safe Streets Act of 1968 (
`(c) Exception- This section shall not apply to any grant made under part Q of this title.'.CommentsClose CommentsPermalink
Subtitle B--FBI Act of 2007
SEC. 1201. SHORT TITLE.
This subtitle be cited as the `Full-strength Bureau Initiative Act of 2007' or the `FBI Act of 2007'.CommentsClose CommentsPermalink
SEC. 1202. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) Throughout its history, the FBI has been an integral part of anticrime investigatory efforts in the United States.CommentsClose CommentsPermalink
(2) Since September 11, 2001, the FBI has lost substantial capacity and willingness to fight violent crime.CommentsClose CommentsPermalink
(3) The FBI has reduced the goal of combating crime to number 8 of its top 10 priorities.CommentsClose CommentsPermalink
(4) To meet its primary goal of combating terrorism, the FBI has reprogrammed nearly 1,000 agents from crime to counterterrorism cases since September 11, 2001.CommentsClose CommentsPermalink
(5) While this reprogramming of agents to counterterrorism is necessary and proper, it has had the unintended consequence of precluding the FBI from adequately and satisfactorily discharging its traditional anticrime efforts.CommentsClose CommentsPermalink
(6) The FBI's shift to counterterrorism has reduced the Bureau's involvement in traditional crime investigations, including--CommentsClose CommentsPermalink
(A) fewer agents to the successful High Intensity Drug Trafficking Area (HIDTA) task forces;CommentsClose CommentsPermalink
(B) fewer violent crime cases, as the Bureau has reduced the number of agents committed to Federal-State-local task forces like `Safe Streets' and Violent Crime Task Forces; andCommentsClose CommentsPermalink
(C) fewer agents handling bank robbery and white collar crimes, which involve technical areas of investigative expertise that State and locals often lack.CommentsClose CommentsPermalink
(7) In testimony before the Committee on the Judiciary of the Senate, FBI Director Bob Mueller stated that the shortfall of agents has `required difficult choices in determining how to most effectively use the available agents'.CommentsClose CommentsPermalink
(8) This reprogramming has occurred at the same time that Federal assistance for State and local law enforcement has been decimated, including the elimination of the Office of Community Oriented Policing Services hiring program and substantial cuts to the Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
(9) Local police officials have decried this approach, and the results are becoming apparent, with the largest crime increase in 15 years according the 2005 Uniform Crime Reports.CommentsClose CommentsPermalink
(10) The preliminary Uniform Crime Reports for 2006, reported in December, have shown further increases in violent crime across the Nation.CommentsClose CommentsPermalink
(11) The FBI's traditional anticrime investigations complement and assist investigations by State and local law enforcement around the country.CommentsClose CommentsPermalink
(12) Through task forces and other more informal assistance, the FBI over the years has brought an invaluable expertise and resources to help state and local law enforcement in combating traditional criminal enterprises.CommentsClose CommentsPermalink
(13) Even when factoring in assistance local law enforcement has received from the Department of Homeland Security, the International Association of Chiefs of Police has stated, `combined, the proposed FY 2006 funding level for DoJ/DHS law enforcement assistance programs is $2.158 B. This is a reduction of $1.467 B or 40% from the combined FY 2005 level of $3.625 B. It represents a decrease in $2.55 B or 54% from FY2004.'.CommentsClose CommentsPermalink
(14) The FBI has the ability and the mandate to focus both on countering terrorists plots and fighting traditional crime.CommentsClose CommentsPermalink
(15) There does not need to be a trade-off between crime and terrorism, but this can only happen if the FBI is given the manpower to be able to do both.CommentsClose CommentsPermalink
SEC. 1203. AUTHORIZATION FOR MORE AGENTS.
There are authorized to be appropriated $160,000,000 for each of the fiscal years 2008 through 2012 to fund 1,000 Federal Bureau of Investigations field agents in addition to the number of Federal Bureau of Investigations field agents serving on the date of enactment of this Act.CommentsClose CommentsPermalink
Subtitle C--Project to Protect America Act of 2007
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the `Project to Protect America Act of 2007'.CommentsClose CommentsPermalink
SEC. 1302. FINDINGS.
The Congress finds that--CommentsClose CommentsPermalink
(1) the system of compensation for Federal law enforcement officers (in this section referred to as `FLEOs') must be reformed in order to deal with recruitment, retention, and morale problems associated with assignments to high-cost areas;CommentsClose CommentsPermalink
(2) as the Office of Personnel Management has confirmed, limitations on premium pay are contributing to the pay compression problem that, in turn, may be undermining the efficacy of incentives designed to encourage FLEOs to assume greater supervisory and managerial duties;CommentsClose CommentsPermalink
(3) the security of the Nation, as the report of the National Commission on Terrorist Attacks Upon the United States confirmed, depends on effective Federal law enforcement, which is particularly true of large metropolitan areas that should be staffed with FLEOs who are fairly compensated for their services;CommentsClose CommentsPermalink
(4) the combination of rising living costs and lagging compensation threatens to worsen the significant recruitment and retention problems already facing FLEOs;CommentsClose CommentsPermalink
(5) the problems described in paragraph (4) are especially serious among law enforcement officers of the Federal Bureau of Investigation, who--CommentsClose CommentsPermalink
(A) are recruited and subject to assignment nationwide and, upon assignment, are expected to adjust rapidly; andCommentsClose CommentsPermalink
(B) particularly in the case of those assigned to high-cost areas, often experience significant difficulties in finding adequate and affordable housing;CommentsClose CommentsPermalink
(6) the Office of Personnel Management should experiment with innovative approaches to address compensation problems in the Federal workforce and, in the case of FLEOs, should look to the Department of Defense as a model for providing a reasonable housing allowance to assist those assigned to high-cost areas; andCommentsClose CommentsPermalink
(7) as the Federal Bureau of Investigation implements policies aimed at limiting the tenure of Supervisory Special Agents, the need to retain skilled agents requires that retirement benefits be protected from the adverse consequences of such personnel policies.CommentsClose CommentsPermalink
SEC. 1303. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) AREA- The term `area' means a metropolitan statistical area within the continental United States.CommentsClose CommentsPermalink
(2) CONTINENTAL UNITED STATES- The term `continental United States' means the several States of the United States and the District of Columbia, but does not include Alaska or Hawaii.CommentsClose CommentsPermalink
(3) COVERED SPECIAL AGENT- The term `covered Special Agent' means an individual who--CommentsClose CommentsPermalink
(A) was a Special Agent of the Federal Bureau of Investigation;CommentsClose CommentsPermalink
(B) had completed not less than 3 years in field supervisory positions as of June 3, 2004;CommentsClose CommentsPermalink
(C) was transferred to a position at a lower pay grade because that individual chose not to accept a transfer to an equivalent or higher position within the Federal Bureau of Investigation under the Field Office Supervisory Term Limit Policy issued on June 3, 2004; andCommentsClose CommentsPermalink
(D) on or after June 3, 2004, is not reduced in pay grade or removed for performance or misconduct reasons.CommentsClose CommentsPermalink
(4) DEMONSTRATION PROJECT- The term `demonstration project' means the demonstration project established under section 1304(a).CommentsClose CommentsPermalink
(5) DIRECTOR- The term `Director' means the Director of the Office of Personnel Management.CommentsClose CommentsPermalink
(6) EMPLOYEE- The term `employee' has the meaning given that term in
(7) ELIGIBLE EMPLOYEE- The term `eligible employee'--CommentsClose CommentsPermalink
(A) means an employee who holds a position--CommentsClose CommentsPermalink
(i) that is in or under the Federal Bureau of Investigation;CommentsClose CommentsPermalink
(ii) that--CommentsClose CommentsPermalink
(I) is classified under chapter 51 of title 5, United States Code, as a GS-1811 position; orCommentsClose CommentsPermalink
(II) if the GS-1811 classification is redesignated or abolished or the requirements for the GS-1811 classification are modified after the date of enactment of this Act, meets the qualification requirements for the GS-1811 classification as in effect--CommentsClose CommentsPermalink
(aa) on the date that assistance is to be provided under the demonstration project; orCommentsClose CommentsPermalink
(bb) on such date of enactment; andCommentsClose CommentsPermalink
(iii) in a high-cost area; andCommentsClose CommentsPermalink
(B) does not include an employee who is serving on a temporary basis or a part-time career employment basis (as that term is defined in
(8) HIGH-COST AREA- The term `high-cost area' means an area designated by the Director under section 1304(b)(1)(A).CommentsClose CommentsPermalink
(9) HOUSING COST DIFFERENTIAL- The term `housing cost differential' means the difference in dollars between the monthly housing costs for an area and the monthly housing costs for the continental United States, as described in section 1304(b)(1)(A)(i).CommentsClose CommentsPermalink
(10) MANAGEMENT OFFICIAL- The term `management official' has the meaning given that term in
SEC. 1304. HOUSING ALLOWANCE DEMONSTRATION PROJECT.
(a) Establishment- The Director shall establish a demonstration project under which eligible employees will be paid a basic housing allowance.CommentsClose CommentsPermalink
(b) Identification of High-Cost Areas-CommentsClose CommentsPermalink
(1) CRITERIA-CommentsClose CommentsPermalink
(A) IN GENERAL- The Director shall designate an area as a high-cost area for a fiscal year if, during the most recent calendar year ending before the start of such fiscal year--CommentsClose CommentsPermalink
(i) the average monthly housing costs for that area exceeded the average monthly housing costs for the continental United States by not less than 10 percent; orCommentsClose CommentsPermalink
(ii) that area was 1 of the 10 areas within the continental United States having the highest cost of living (identified in such manner as the Director shall determine) and for which average monthly housing costs exceeded the average monthly housing costs for the continental United States.CommentsClose CommentsPermalink
(B) SAME DIFFERENTIAL COMPUTATION RULE APPLIES- The Director shall determine the housing cost differential for any area identified under subparagraph (A)(ii) in the same manner as described in subparagraph (A)(i).CommentsClose CommentsPermalink
(2) ANNUAL DETERMINATIONS- The Director shall identify high-cost areas for each fiscal year in which the Director carries out the demonstration project.CommentsClose CommentsPermalink
(3) COSTS OF ADEQUATE HOUSING- The determination of monthly housing costs under this subsection by the Director shall be based on the costs of renting adequate housing typically borne by individuals residing within the area involved who have income levels comparable to those of eligible employees within the same area (taking into account, with respect to eligible employees, only amounts payable to such employees under title 5, United States Code).CommentsClose CommentsPermalink
(c) Basic Housing Allowance-CommentsClose CommentsPermalink
(1) IN GENERAL- The Director shall establish a basic housing allowance payable to each eligible employee employed in a high-cost area for each fiscal year in which the Director carries out the demonstration project.CommentsClose CommentsPermalink
(2) AMOUNT- The amount of the basic housing allowance for each high-cost area shall be equal to such amount as the Director shall determine, except that--CommentsClose CommentsPermalink
(A) determinations under this paragraph shall be made in a manner consistent with
(B) in no event may any such amount be less than the housing cost differential determined under subsection (b)(1)(A) for the area and fiscal year involved.CommentsClose CommentsPermalink
(3) MANNER OF PAYMENT- A basic housing allowance shall be payable at the same time and in the same manner as basic pay.CommentsClose CommentsPermalink
(4) NONREDUCTION RULE- The basic housing allowance payable to an individual who continuously remains an eligible employee within the same high-cost area may not be reduced by reason of any fluctuations in housing costs.CommentsClose CommentsPermalink
(5) RULE OF CONSTRUCTION- Nothing in this subtitle may be construed to permit or require any reduction in basic pay by reason of the eligibility of an employee for or receipt of a basic housing allowance.CommentsClose CommentsPermalink
(d) Applicability of Provisions Governing Demonstration Projects Generally- The demonstration project shall be conducted in accordance with
(1) be subject to the provisions of subsection (d)(1) of that section; andCommentsClose CommentsPermalink
(2) be considered in applying subsection (d)(2) of that section.CommentsClose CommentsPermalink
(e) Duration- The demonstration project--CommentsClose CommentsPermalink
(1) shall be conducted during the 5-year period beginning on the first day of the first fiscal year beginning not less than 30 days after the date of enactment of this Act; andCommentsClose CommentsPermalink
(2) may, subject to the availability of appropriations, be extended by the Director for 1 or more additional 12-month periods after the end of the 5-year period described in paragraph (1).CommentsClose CommentsPermalink
(f) Reporting Requirement-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 90 days after the date on which the demonstration project terminates, the Director shall submit to Congress a report on the demonstration project.CommentsClose CommentsPermalink
(2) CONTENTS- The report submitted under paragraph (1) shall--CommentsClose CommentsPermalink
(A) specifically address the effect of the housing allowance on employee retention, recruitment, and morale;CommentsClose CommentsPermalink
(B) be based on appropriate data and comments received from management officials, employees, and other interested persons (including professional associations representing employees); andCommentsClose CommentsPermalink
(C) include recommendations for any legislation that the Director considers appropriate.CommentsClose CommentsPermalink
SEC. 1305. ANNUITY PROTECTION.
For any covered Special Agent, the average pay for that individual, for purposes of section 8331(4) or 8401(3) of title 5, United States Code, as applicable, shall be the greater of--CommentsClose CommentsPermalink
(1) the average pay for that individual under the applicable section; orCommentsClose CommentsPermalink
(2) the amount to which that individual would have been entitled under the applicable section had that individual remained in the field supervisory position at the same grade and step until the date of the retirement of that individual.CommentsClose CommentsPermalink
SEC. 1306. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this subtitle.CommentsClose CommentsPermalink
Subtitle D--Drug Enforcement Special Agents Restoration Act of 2007
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the `Drug Enforcement Special Agents Restoration Act of 2007'.CommentsClose CommentsPermalink
SEC. 1402. FINDINGS.
Congress finds that--CommentsClose CommentsPermalink
(1) there is currently in place a hiring freeze at the Drug Enforcement Administration (referred to in this subtitle as the `DEA') that has no set end date;CommentsClose CommentsPermalink
(2) the DEA is losing approximately 160 agents each year due to attrition;CommentsClose CommentsPermalink
(3) fewer drug agents in the field inevitably lead to fewer drug-related arrests and seizures, and decreased resources allow drug trafficking organizations to operate more freely;CommentsClose CommentsPermalink
(4) drug trafficking money is used to fund terrorist activities; andCommentsClose CommentsPermalink
(5) the President's fiscal year 2008 budget request under funds the DEA and does nothing to alleviate the agency's hiring freeze.CommentsClose CommentsPermalink
SEC. 1403. ADDITIONAL DEA SPECIAL AGENTS.
(a) In General- There are authorized to be funded and hired 500 DEA special agents and 400 support personnel, as set forth in subsection (b), to permit the agents to carry out their duties as provided in subsection (b).CommentsClose CommentsPermalink
(b) Allocation- The agents and support personnel authorized by subsection (a) shall be allocated as follows:CommentsClose CommentsPermalink
(1) 400 special agents, including 50 Demand Reduction Coordinators, assigned domestically with an additional 250 authorized positions as domestic support staff to include intelligence analysts, chemists, informational technology specialists, program analysts, and technical and clerical experts.CommentsClose CommentsPermalink
(2) 100 special agents assigned internationally with an additional 150 authorized positions as foreign support staff to include intelligence analysts, program analyst, and technical and clerical experts.CommentsClose CommentsPermalink
SEC. 1404. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to hire additional agents and personnel as provided in this subtitle--CommentsClose CommentsPermalink
(1) $200,000,000 for fiscal year 2008;CommentsClose CommentsPermalink
(2) $210,000,000 for fiscal year 2009; andCommentsClose CommentsPermalink
(3) $220,000,000 for fiscal year 2010.CommentsClose CommentsPermalink
Subtitle E--National Commission on Law Enforcement and the Administration of Justice Act of 2007
SEC. 1501. SHORT TITLE.
This subtitle may be cited as the `National Commission on Law Enforcement and the Administration of Justice Act of 2007'.CommentsClose CommentsPermalink
SEC. 1502. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) Since the attacks of September 11, 2001, local law enforcement agencies have been required to undertake new and different duties.CommentsClose CommentsPermalink
(2) These changes have required Federal, State, and local law enforcement agencies to reexamine and redefine how they work to combat terrorism by establishing new procedures for--CommentsClose CommentsPermalink
(A) collecting, analyzing, and sharing intelligence;CommentsClose CommentsPermalink
(B) how such agencies work together and with the private sector to protect critical infrastructure; andCommentsClose CommentsPermalink
(C) how to balance the protection of civil liberties and the prevention of terrorism attacks.CommentsClose CommentsPermalink
(3) The law enforcement community is still addressing ongoing concerns related to the criminal justice system.CommentsClose CommentsPermalink
(4) As a result of high-profile incidents involving use of force, allegations of racial profiling, corruption, and instances of unethical behavior by police officers and executives, many people in the United States believe that these problems are widespread and deeply rooted.CommentsClose CommentsPermalink
(5) The concerns of people in the United States encompass not only law enforcement agencies, but all the participants in the criminal justice system, including the courts, prosecutors, and corrections and probation officials.CommentsClose CommentsPermalink
(6) For all of the components of the criminal justice system to perform in an effective manner that ensures justice and leads to orderly and peaceful communities, there must exist a trusting and confident relationship with all people in every part of the United States.CommentsClose CommentsPermalink
(7) In 1965, President Lyndon B. Johnson established the Commission on Law Enforcement and Administration of Justice recognizing, as he said, `the urgency of the nation's crime problem'.CommentsClose CommentsPermalink
(8) The Commission on Law Enforcement and Administration of Justice labored for 18 months, producing 200 specific recommendations involving Federal, State, tribal, and local governments, civic organizations, religious institutions, business groups, and individual citizens that were intended to create a safer and more just society.CommentsClose CommentsPermalink
(9) The resulting report, titled `The Challenge of Crime in a Free Society', marked the beginning of a sea change in the methods for dealing with crime and the public in the United States and built the framework for many of the exemplary programs that continue today.CommentsClose CommentsPermalink
(10) There have been numerous advances in policing and the administration of justice since that report, including community policing and drug courts.CommentsClose CommentsPermalink
(11) It is in the interest of the Nation to establish a commission to study the role of policing in United States society, anticipate challenges in policing, and issue detailed recommendations to Congress to ensure the safety and security of the people of the United States, while advancing the civil liberties of the people of the United States and the best interests of the people who serve as Federal, State, and local law enforcement officials.CommentsClose CommentsPermalink
SEC. 1503. ESTABLISHMENT OF COMMISSION.
(a) Establishment- There is established the National Commission on Law Enforcement and the Administration of Justice (in this subtitle referred to as the `Commission').CommentsClose CommentsPermalink
(b) Membership-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 60 days the date of enactment of this Act, the Attorney General of the United States, in consultation with State and local experts in law enforcement and the administration of justice, shall appoint the members of the Commission.CommentsClose CommentsPermalink
(2) MEMBERS-CommentsClose CommentsPermalink
(A) IN GENERAL- There shall be 20 members of the Commission.CommentsClose CommentsPermalink
(B) QUALIFICATIONS- An individual appointed to be a member of the Commission shall have demonstrated expertise in policing, counterterrorism, intelligence sharing, court administration, prison management, prisoner reentry, drug treatment, or the protection of civil liberties.CommentsClose CommentsPermalink
(C) NONPARTISAN BASIS- The Attorney General shall appoint members of the Commission on a nonpartisan basis, with an equal number of members from each of the 2 major political parties.CommentsClose CommentsPermalink
(3) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers.CommentsClose CommentsPermalink
(4) INITIAL MEETING- Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.CommentsClose CommentsPermalink
(5) MEETINGS- The Commission shall meet at the call of the Chairperson.CommentsClose CommentsPermalink
(6) QUORUM- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.CommentsClose CommentsPermalink
(7) CHAIRPERSON AND VICE CHAIRPERSON- The Commission shall select a Chairperson and Vice Chairperson from among its members.CommentsClose CommentsPermalink
SEC. 1504. REPORT TO CONGRESS.
(a) In General- Not later than 1 year after the date on which all members of the Commission have been appointed, the Commission shall submit a detailed report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink
(b) Contents- The report submitted under subsection (a) shall--CommentsClose CommentsPermalink
(1) identify--CommentsClose CommentsPermalink
(A) practices and procedures that have been particularly effective in policing during the period beginning on January 1, 1966 and ending on the date of enactment of this Act;CommentsClose CommentsPermalink
(B) the challenges facing law enforcement, courts, prisons, and other components of the criminal justice system; andCommentsClose CommentsPermalink
(C) technological advances that may lead to the improvement of the administration of justice; andCommentsClose CommentsPermalink
(2) make detailed recommendations to best address the challenges identified by the Commission.CommentsClose CommentsPermalink
(c) Consultation- In preparing the report submitted under subsection (a), the Commission shall--CommentsClose CommentsPermalink
(1) consult with individuals and organizations working within and outside the criminal justice system; andCommentsClose CommentsPermalink
(2) ensure that every effort is made to include individuals with the broadest possible perspective on the areas reviewed by the Commission and obtain input from stakeholders, including law enforcement officials, prosecutors, defense attorneys, public defenders, probation officers, judges, prison officials, prevention experts, city officials, and other experts involved in the criminal justice system.CommentsClose CommentsPermalink
SEC. 1505. POWERS OF THE COMMISSION.
(a) Hearings- The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this subtitle.CommentsClose CommentsPermalink
(b) Information From Federal Agencies- The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this subtitle. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.CommentsClose CommentsPermalink
(c) Postal Services- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.CommentsClose CommentsPermalink
(d) Gifts- The Commission may accept, use, and dispose of gifts or donations of services or property.CommentsClose CommentsPermalink
SEC. 1506. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members- Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under
(b) Travel Expenses- The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.CommentsClose CommentsPermalink
(c) Staff-CommentsClose CommentsPermalink
(1) IN GENERAL- The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.CommentsClose CommentsPermalink
(2) COMPENSATION- The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.CommentsClose CommentsPermalink
(d) Detail of Government Employees- Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.CommentsClose CommentsPermalink
(e) Procurement of Temporary and Intermittent Services- The Chairperson of the Commission may procure temporary and intermittent services under
SEC. 1507. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the Commission submits its report under section 1504(a).CommentsClose CommentsPermalink
SEC. 1508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,000,000 to carry out this subtitle, to remain available until expended.CommentsClose CommentsPermalink
TITLE II--PREVENTING VIOLENT CRIME AND BREAKING THE CYCLE OF VIOLENCE
Subtitle A--Taking Care of Children
PART I--HEAD START
SEC. 2101. HEAD START ACT.
Section 639 of the Head Start Act (
`(c)(1) In addition to the other funds authorized to be appropriated under this section, there is authorized to be appropriated $120,000,000 for each of fiscal years 2008 through 2012 to provide--CommentsClose CommentsPermalink
`(A) Early Head Start services under section 645A; andCommentsClose CommentsPermalink
`(B) Head Start services under this subchapter for children (age 3 to compulsory school attendance) whose families meet the low-income criteria of section 645(a)(1)(A).CommentsClose CommentsPermalink
`(2) The purpose of paragraph (1) is to increase the number of children in a safe environment who are prepared by teachers who meet the requirements of section 648A to succeed in elementary and middle school.'.CommentsClose CommentsPermalink
PART II--CHILD ABUSE PREVENTION AND TREATMENT
SEC. 2111. CHILD ABUSE PREVENTION AND TREATMENT ACT.
(a) State Child Protective Services and Community-Based Prevention Services- Section 112 of the Child Abuse Prevention and Treatment Act (
`(c) In addition to the other funds authorized to be appropriated under this section, there is authorized to be appropriated $200,000,000 for each of fiscal years 2008 through 2012 to improve the child protective services systems of the States through grants made under section 106.'.CommentsClose CommentsPermalink
(b) Community Based Grants for the Prevention of Child Abuse and Neglect- Section 210 of the Child Abuse Prevention and Treatment Act (
(1) by inserting `(a) In General- ' before `There'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(b) In addition to the other funds authorized to be appropriated under this section, there is authorized to be appropriated $200,000,000 for each of fiscal years 2008 through 2012 to carry out community-based services for the prevention of child abuse and neglect through grants made under section 201(b).'.CommentsClose CommentsPermalink
(c) Parent Education and Counseling Services, Family-Strengthening Services, and Adoption Services- Section 210 of the Child Abuse Prevention and Treatment Act, as amended by subsection (a)(2), is further amended by adding at the end the following:CommentsClose CommentsPermalink
`(c) In addition to the other funds authorized to be appropriated under this section, there is authorized to be appropriated $545,000,000 for providing parent education and counseling services and family-strengthening services, and referral to and counseling for adoption services, through grants made under section 201(b).'.CommentsClose CommentsPermalink
SEC. 2112. AFTER-SCHOOL PROGRAMS.
Section 299(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (
`(8) In addition to any other amounts authorized to be appropriated by this subsection, an additional $120,000,000 is authorized to be appropriated for each of the fiscal years 2008 through 2012 for after-school programs providing a healthy mentoring and a safe environment as an alternative to juvenile crime under section 223(a)(9)(P).'.CommentsClose CommentsPermalink
SEC. 2113. COMMUNITY PREVENTION.
Section 506 of the Incentive Grants for Local Delinquency Prevention Programs Act (
(1) striking `To carry' and inserting the following:CommentsClose CommentsPermalink
`(a) In General- To carry'; andCommentsClose CommentsPermalink
(2) inserting at the end the following:CommentsClose CommentsPermalink
`(b) Community Prevention- In addition to amounts authorized to be appropriated by this section, an additional $120,000,000 is authorized to be appropriated for each of the fiscal years 2008 through 2012 for programs supporting early childhood development, in-home parent coaching, after-school activities, mentoring, and tutoring programs, as well as drop-out, gang, and substance abuse prevention programs.'.CommentsClose CommentsPermalink
SEC. 2114. EFFECTIVE JUVENILE JUSTICE INTERVENTION PROGRAMS.
Section 299(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (
`(9) In addition to any other amounts authorized to be appropriated by this subsection for title II, an additional $120,000,000 is authorized to be appropriated for each of the fiscal years 2008 through 2012 for formula grants under title II.'.CommentsClose CommentsPermalink
SEC. 2115. SAFE AND HEALTHY TRIBAL COMMUNITIES.
Section 1801A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (
`(e) Additional Authorization- In addition to any other amounts authorized to be appropriated by this title for this section, an additional $20,000,000 is authorized to be appropriated for each of the fiscal years 2008 through 2012 for grants pursuant to this section to Indian tribes for culturally appropriate programs to prevent youth crime, strengthen tribal juvenile justice, and hold tribal youth accountable.'.CommentsClose CommentsPermalink
SEC. 2116. STRENGTHENING TRIBAL LAW ENFORCEMENT AND COURTS.
Section 201(d) of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (
(1) striking `For purposes' and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- For purposes'; andCommentsClose CommentsPermalink
(2) inserting at the end the following:CommentsClose CommentsPermalink
`(2) TRIBAL COURTS ASSISTANCE PROGRAM- In addition to amounts authorized to be appropriated by this subsection, an additional $20,000,000 is authorized to be appropriated for each of the fiscal years 2008 through 2012 for programs authorized by this section.'.CommentsClose CommentsPermalink
PART III--IMPROVEMENTS TO THE STRENGTHENING ABUSE AND NEGLECT COURTS ACT OF 2000
SEC. 2131. IMPROVEMENTS TO THE STRENGTHENING ABUSE AND NEGLECT COURTS ACT OF 2000.
Section 6 of the Strengthening Abuse and Neglect Courts Act of 2000 (
(1) in the caption, by striking `in underserved areas' and inserting `to serve children over-represented in foster care';CommentsClose CommentsPermalink
(2) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (1), by inserting before the semicolon `to serve children who are significantly over-represented in foster care';CommentsClose CommentsPermalink
(B) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
`(2) expanding the recruitment of volunteers, particularly to serve populations of children who are significantly over-represented in foster care; and'; andCommentsClose CommentsPermalink
(C) in paragraph (3), by inserting before the semicolon `that serve children who are significantly over-represented in foster care';CommentsClose CommentsPermalink
(3) in subsection (d), by striking `$5,000,000 for the period of fiscal years 2001 and 2002' and inserting `$8,000,000 for each of the fiscal years 2008 through 2011'; andCommentsClose CommentsPermalink
(4) by inserting at the end the following:CommentsClose CommentsPermalink
`(e) Nonsupplantation- Funds authorized and appropriated under this Act shall supplement, not supplant, existing funds otherwise available for court-appointed special advocate programs and activities.'.CommentsClose CommentsPermalink
PART IV--SAFE BABIES ACT OF 2007
SEC. 2141. SHORT TITLE.
This part may be cited as the `Safe Babies Act of 2007'.CommentsClose CommentsPermalink
SEC. 2142. FINDINGS.
The Congress finds as follows:CommentsClose CommentsPermalink
(1) Children three years of age and younger have the highest rates of victimization. Infants and toddlers are twice as likely as all other children to become victims of child maltreatment. Children ages three and younger are also 32 percent more likely to be placed in foster care than children ages four to eleven. Once placed in foster care, children three years of age and younger are more likely than older children to be abused and neglected, and they tend to stay in foster care longer than older children.CommentsClose CommentsPermalink
(2) Infants and toddlers are the most vulnerable to the effects of maltreatment. Research shows that young children who have experienced physical abuse have lower social competence, show less empathy for others, and have difficulty recognizing others' emotions. They are also more likely than children who have not been maltreated to have deficits in IQ scores, language ability, and school performance.CommentsClose CommentsPermalink
(3) Research shows that the human brain has achieved 80 to 85 percent of its adult size by the age of three. During those early years, the brain is developing the vast majority of its basic capacity, the development of which can determine future achievement or failure. Therefore, infants and toddlers in foster care are spending the most critical developmental period in situations that may be detrimental to healthy growth and development.CommentsClose CommentsPermalink
(4) Children under the age of four account for 81 percent of child fatalities, and children under the age of one account for 45 percent of such fatalities.CommentsClose CommentsPermalink
(5) Child welfare systems are not meeting the needs of the children who rely on public intervention to protect them. In the Child and Family Service Reviews for fiscal years 2003 and 2004, the Administration for Children and Families revealed that, of 19 States studied for performance on Child and Family Services Review indicators, none of the States achieved all of the specified outcomes, and all of the States failed to meet the outcome related to the provision of physical and mental health services to children in foster care.CommentsClose CommentsPermalink
(6) Judges can be powerful catalysts for change in the way communities address the needs of maltreated infants and toddlers. A groundbreaking project in the Juvenile Division of the Eleventh Judicial Circuit of Florida has combined the leadership of a family court judge with expertise in early childhood development. This ground breaking collaboration is ensuring that infants and toddlers receive the services they need. Mental health and parenting intervention services are provided for parents and children together. Initial results are promising in terms of eliminating further abuse and neglect and promoting safety and well-being through timely permanent placements.CommentsClose CommentsPermalink
SEC. 2143. COURT TEAMS.
Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (
(1) by redesignating part F as part K; andCommentsClose CommentsPermalink
(2) by inserting after part E the following new part:CommentsClose CommentsPermalink
`PART F--COURT TEAMS
`SEC. 271. COURT TEAMS PROGRAM AUTHORIZED.
`(a) Grant Authorized- The Administrator shall award a grant to a national early childhood development organization to--CommentsClose CommentsPermalink
`(1) establish a National Court Teams Resource Center to--CommentsClose CommentsPermalink
`(A) promote the well-being of maltreated infants and toddlers and their families (including the special problems created by substance abuse, particularly methamphetamine abuse);CommentsClose CommentsPermalink
`(B) help prevent the recurrence of abuse and neglect of children; andCommentsClose CommentsPermalink
`(C) promote timely reunification of families or other successful permanency outcomes for maltreated infants and toddlers in foster care; andCommentsClose CommentsPermalink
`(2) select, and provide assistance to, local Court Teams created to achieve the goals described in paragraph (1).CommentsClose CommentsPermalink
`(b) Grant Duration- The grant awarded under this part shall be for a period of 5 years, and shall be renewable at the discretion of the Administrator.CommentsClose CommentsPermalink
`SEC. 272. ELIGIBILITY; APPLICATION; SELECTION OF GRANTEE.
`(a) Eligibility- To be eligible to receive the grant described in section 271, an entity shall be a national early childhood development organization, as defined in section 276, that has--CommentsClose CommentsPermalink
`(1) specific expertise in the development of infants and toddlers;CommentsClose CommentsPermalink
`(2) experience in incorporating the expertise described in paragraph (1) into the judicial system to promote change in the way courts address cases involving maltreated infants and toddlers in foster care; andCommentsClose CommentsPermalink
`(3) the capacity--CommentsClose CommentsPermalink
`(A) to establish and maintain the National Court Teams Resource Center described in section 273; andCommentsClose CommentsPermalink
`(B) to support the implementation and activities of local Court Teams by providing the assistance required under this part.CommentsClose CommentsPermalink
`(b) Application- An entity desiring to receive the grant described in section 271 shall submit an application to the Administrator, at such time, in such manner, and containing such information as the Administrator may require. Such application shall--CommentsClose CommentsPermalink
`(1) describe the expertise of the entity in infant and toddler development, including any experience relevant to the ability of the entity to oversee the implementation of local Court Teams, and the capacity of the entity to provide assistance to local Court Teams;CommentsClose CommentsPermalink
`(2) include a detailed plan describing how the entity will establish and maintain the National Court Teams Resource Center, and how the entity will carry out the activities of such Center, as described in section 273; andCommentsClose CommentsPermalink
`(3) explain the process the entity will use to select local Court Teams to receive assistance under this part, including an assurance that the entity will give priority to applications that--CommentsClose CommentsPermalink
`(A) demonstrate the commitment of--CommentsClose CommentsPermalink
`(i) at least one qualified judge to lead the local Court Team and serve as Judicial Leader of the Court Team; andCommentsClose CommentsPermalink
`(ii) community agencies serving maltreated infants and toddlers and their families in such jurisdiction to participate in the local Court Team;CommentsClose CommentsPermalink
`(B) describe the population of maltreated infants and toddlers in the community within the jurisdiction of the court over which the qualified judge presides, including--CommentsClose CommentsPermalink
`(i) any problems contributing to the placement of maltreated infants and toddlers under the supervision of the court (including the impact of parental substance abuse, and particularly methamphetamine abuse); andCommentsClose CommentsPermalink
`(ii) any challenges faced by the court in making decisions that are in the best interests of such maltreated infants and toddlers; andCommentsClose CommentsPermalink
`(C) describe how the local Court Team will carry out the activities required under section 274;CommentsClose CommentsPermalink
`(4) demonstrate the ability to meet the all selection criteria, including--CommentsClose CommentsPermalink
`(A) special expertise in the developmental needs of children three years of age and younger;CommentsClose CommentsPermalink
`(B) a demonstrated record of providing resources to parents and other caregivers regarding the healthy growth and development of their children;CommentsClose CommentsPermalink
`(C) a demonstrated record of providing resources for practitioners in the fields of child development, early child care and education, family support, pediatrics, child welfare, and mental health;CommentsClose CommentsPermalink
`(D) extensive knowledge about how exposure to violence (including domestic violence, community violence, and child maltreatment) influences the growth and development of infants and toddlers;CommentsClose CommentsPermalink
`(E) a documented history of collaboration with public and private sector groups working to improve the lives of maltreated infants and toddlers, including collaboration with judges at the local level;CommentsClose CommentsPermalink
`(F) the capacity to analyze child welfare policy at the local, State, and national levels and to offer research-based solutions to the problems confronting child welfare systems across the country; andCommentsClose CommentsPermalink
`(G) the ability to manage multiple complex national resource centers and related activities, including strategic planning, team building, infrastructure development, training for multidisciplinary professionals at all levels, materials development for multiple audiences in a variety of formats, and conference planning and delivery at the local, State, regional, and national levels; andCommentsClose CommentsPermalink
`(5) include any other information the Administrator may require, including any assurance required by the Administrator that the entity, if selected, will give special consideration to applications that have a significant number of child welfare cases in the jurisdiction of the court over which the qualified judge presides in which substance abuse, and particularly methamphetamine abuse, is involved.CommentsClose CommentsPermalink
`(c) Selection of Grantee- In considering grant applications under this part, the Administrator shall select the national early childhood development organization that demonstrates--CommentsClose CommentsPermalink
`(1) the greatest ability to satisfy the criteria described in subsection (b)(4); andCommentsClose CommentsPermalink
`(2) the most extensive experience in addressing the needs of abused and maltreated infants and toddlers through training and technical assistance provided to judges, multidisciplinary professionals and community leaders.CommentsClose CommentsPermalink
`SEC. 273. NATIONAL COURT TEAMS RESOURCE CENTER.
`(a) General Activities- The national early childhood development organization receiving the grant authorized under section 271 shall establish and maintain a National Court Teams Resource Center, which shall carry out the following activities:CommentsClose CommentsPermalink
`(1) Develop a process for selecting, and select, local Court Teams to receive assistance under this part.CommentsClose CommentsPermalink
`(2) Develop materials to guide qualified judges in the decision-making process regarding maltreated infants and toddlers, and to train members of local Court Teams and others in the community regarding the appropriate care of maltreated infants and toddlers, including the importance of--CommentsClose CommentsPermalink
`(A) stable foster care placements;CommentsClose CommentsPermalink
`(B) frequent parent-child visitation;CommentsClose CommentsPermalink
`(C) reduction of the recurrence of abuse and neglect;CommentsClose CommentsPermalink
`(D) improving health and well-being; andCommentsClose CommentsPermalink
`(E) timely permanent placement.CommentsClose CommentsPermalink
`(3) Conduct national meetings and training sessions for local Court Teams.CommentsClose CommentsPermalink
`(4) Develop a database that shall be--CommentsClose CommentsPermalink
`(A) available to each local Court Team to track such Court Team's progress; andCommentsClose CommentsPermalink
`(B) used by the National Court Teams Resource Center to facilitate evaluation of the local Court Teams receiving assistance under this part.CommentsClose CommentsPermalink
`(5) Provide information to communities and courts around the country seeking to adopt the Court Teams approach, including information related to--CommentsClose CommentsPermalink
`(A) the incorporation of knowledge about infant and toddler development into the resolution of cases by judges with jurisdiction over children in foster care; andCommentsClose CommentsPermalink
`(B) methods to change State and local government systems for addressing the needs of infants and toddlers in the foster care, and their families.CommentsClose CommentsPermalink
`(6) Any other activity necessary to provide the assistance required under subsection (b).CommentsClose CommentsPermalink
`(b) Assistance to Local Court Teams- Assistance provided to local Court Teams by the National Court Teams Resource Center shall include--CommentsClose CommentsPermalink
`(1) providing direction, coordination, and oversight of the implementation of local Court Teams, as needed;CommentsClose CommentsPermalink
`(2) providing a Local Community Coordinator for each local Court Team, who shall--CommentsClose CommentsPermalink
`(A) be selected by the National Court Teams Resource Center after consultation with the Judicial Leader of the local Court Team;CommentsClose CommentsPermalink
`(B) serve as a resource of child development expertise for the local Court Team; andCommentsClose CommentsPermalink
`(C) promote coordination (in the jurisdiction of the court over which the Judicial Leader presides) between--CommentsClose CommentsPermalink
`(i) community agencies that serve children; andCommentsClose CommentsPermalink
`(ii) providers of resources to support maltreated infants and toddlers;CommentsClose CommentsPermalink
`(3) providing training and technical assistance to local Court Teams, including--CommentsClose CommentsPermalink
`(A) individual consultation on site, through telephone conversations, and through responses to emailed information requests;CommentsClose CommentsPermalink
`(B) networking assistance and facilitation of telephone conference calls among Judicial Leaders and local Court Team members in different jurisdictions to discuss issues of common concern;CommentsClose CommentsPermalink
`(C) development and dissemination of training materials, including fact sheets, template forms, and sample operational materials developed by local Court Teams; andCommentsClose CommentsPermalink
`(D) training for local Court Teams related to--CommentsClose CommentsPermalink
`(i) the impact of abuse and neglect on infants and toddlers; andCommentsClose CommentsPermalink
`(ii) improved decision-making by courts regarding maltreated infants and toddlers to reduce the recurrence of abuse and neglect and improve developmental outcomes; andCommentsClose CommentsPermalink
`(4) organizing local training for community members of jurisdictions in which local Court Teams are located, which shall relate to the particular needs of infants and toddlers exposed to maltreatment and trauma, including topics such as--CommentsClose CommentsPermalink
`(A) general infant and toddler development;CommentsClose CommentsPermalink
`(B) the impact of abuse and neglect on development;CommentsClose CommentsPermalink
`(C) a relationship-based mental health intervention model for parents and children together;CommentsClose CommentsPermalink
`(D) best-practices in family interactions;CommentsClose CommentsPermalink
`(E) evidence-based parenting interventions; andCommentsClose CommentsPermalink
`(F) services available to foster children in the community.CommentsClose CommentsPermalink
`SEC. 274. LOCAL COURT TEAMS.
`(a) Application- An entity desiring to receive the assistance for local Court Teams made available under this part shall submit an application to the National Court Teams Resource Center at such time, in such manner, and containing such information as the National Court Teams Resource Center may require.CommentsClose CommentsPermalink
`(b) Eligibility- To be eligible to receive assistance under this part, a local Court Team shall be comprised of--CommentsClose CommentsPermalink
`(1) a Judicial Leader, who shall be a qualified judge, and who shall lead and oversee the implementation and ongoing activities of the local Court Team;CommentsClose CommentsPermalink
`(2) a Local Community Coordinator, selected and provided by the National Court Teams Resource Center in accordance with section 273(b)(2); andCommentsClose CommentsPermalink
`(3) no fewer than six key stakeholders who--CommentsClose CommentsPermalink
`(A) are members of the community in which the local Court Team is located;CommentsClose CommentsPermalink
`(B) are committed to working to restructure the way the jurisdiction responds to the needs of maltreated infants and toddlers; andCommentsClose CommentsPermalink
`(C) represent a variety of individuals involved with the care of maltreated infants and toddlers, which may include pediatricians, child welfare workers, attorneys, court-appointed special advocates, mental health professionals, substance abuse treatment providers, Early Head Start and child care providers, Court Improvement Program staff, and any other individuals who are involved in the care of maltreated infants and toddlers.CommentsClose CommentsPermalink
`(c) Required Use of Assistance- A local Court Team shall use any assistance received under this part to carry out the following activities:CommentsClose CommentsPermalink
`(1) Conducting monthly case reviews of each case handled by the local Court Team, in which all individuals and organizations involved in a case meet to review progress in such case, and to monitor and track referral to, delivery of, and barriers against, services for maltreated infants and toddlers and their families.CommentsClose CommentsPermalink
`(2) Incorporating child-focused services into case plans for maltreated infants and toddlers, including services such as medical, developmental, and mental health interventions and, as appropriate, services for children and parents together.CommentsClose CommentsPermalink
`(3) Organizing the provision of local training (provided by the National Court Teams Resource Center) to community members of the jurisdiction in which the local Court Team is located, including court officials, child welfare agencies, attorneys, Guardians Ad Litem, court-appointed special advocates, and other individuals and organizations providing services to infants and toddlers in foster care.CommentsClose CommentsPermalink
`(4) Identifying areas in the community in need of improved mental health and substance abuse treatment, and assisting the National Court Teams Resource Center in improving mental health treatment for parents and children together, and substance abuse treatment for families (including mothers and children), as needed.CommentsClose CommentsPermalink
`(5) Utilizing resource materials disseminated by the National Court Teams Resource Center to guide judges in the decision-making process regarding maltreated infants and toddlers, and to provide training for Court Team members.CommentsClose CommentsPermalink
`(6) Participating in the national evaluation conducted by the Administrator in accordance with section 275, to determine the extent to which the activities of the local Court Team reduce the recurrence of abuse and neglect and improve health and developmental outcomes for maltreated infants and toddlers.CommentsClose CommentsPermalink
`(d) Permissible Use of Assistance- A local Court may use the assistance received under this part to carry out the following activities:CommentsClose CommentsPermalink
`(1) Developing processes for responding to parental substance abuse, such as--CommentsClose CommentsPermalink
`(A) coordinating with local law enforcement agencies to allow rapid response teams to intervene quickly on behalf of infants and toddlers who are identified by law enforcement personnel as being present during illegal activities related to methamphetamines or other illegal substances; andCommentsClose CommentsPermalink
`(B) establishing and maintaining relationships with substance abuse treatment programs to increase access to treatment for parents of maltreated infants and toddlers.CommentsClose CommentsPermalink
`(2) Identifying the areas in the community in need of early childhood mental health services, and assisting the National Court Teams Resource Center in providing relationship-based early childhood mental health services by providing training on parent-child psychotherapy to mental health providers.CommentsClose CommentsPermalink
`(3) Any other activities that help meet the needs and improve the health and developmental outcomes of maltreated infants and toddlers in foster care.CommentsClose CommentsPermalink
`SEC. 275. EVALUATIONS AND REPORTS.
`(a) Evaluation Form- Not later than 6 months after the date of the enactment of this Act, the National Court Teams Resource Center shall create, and distribute to each local Court Team, an evaluation form that shall be used to periodically collect any data from local Court Teams that the National Court Teams Resource Center determines may be relevant to the reports required by subsection (b).CommentsClose CommentsPermalink
`(b) Reports to Congress by the Administrator- At the end of the three-year period beginning on the date of the enactment of this Act, and again at the end of the five-year period beginning on such date of enactment, the Administrator shall--CommentsClose CommentsPermalink
`(1) compile the data collected in the periodic evaluation forms completed by each local Court Team;CommentsClose CommentsPermalink
`(2) conduct a national evaluation of Court Teams, based on such compilation of data; andCommentsClose CommentsPermalink
`(3) report to Congress on the effectiveness of Court Teams, including the extent to which local Court Teams are--CommentsClose CommentsPermalink
`(A) improving access to services for maltreated infants and toddlers;CommentsClose CommentsPermalink
`(B) reducing the recurrence of abuse and neglect;CommentsClose CommentsPermalink
`(C) promoting permanent placements of maltreated infants and toddlers; andCommentsClose CommentsPermalink
`(D) improving the developmental outcomes for maltreated infants and toddlers who have been in foster care.CommentsClose CommentsPermalink
`SEC. 276. DEFINITIONS.
`For the purposes of this part:CommentsClose CommentsPermalink
`(1) COURT-APPOINTED SPECIAL ADVOCATE- The term `court-appointed special advocate' means an individual who is trained by a recognized court-appointed special advocate program and appointed by a court to advocate for the best interests of children who come into the court system primarily as a result of abuse or neglect.CommentsClose CommentsPermalink
`(2) COURT IMPROVEMENT PROGRAM- The term `Court Improvement Program' means a program authorized under section 438 of the Social Security Act (
`(3) GUARDIAN AD LITEM- The term `Guardian Ad Litem' means an attorney or court-appointed special advocate who is appointed by a court to advocate for the best interests of children who come into the court system primarily as a result of abuse or neglect.CommentsClose CommentsPermalink
`(4) MALTREATED INFANT OR TODDLER- The term `maltreated infant or toddler' means any child three years of age or younger who is the victim of a substantiated case of physical abuse, neglect, medical neglect, sexual abuse, or emotional abuse.CommentsClose CommentsPermalink
`(5) NATIONAL EARLY CHILDHOOD DEVELOPMENT ORGANIZATION- The term `national early childhood development organization' means a national, private, nonprofit organization--CommentsClose CommentsPermalink
`(A) that is dedicated to supporting the healthy development and well-being of infants, toddlers, and their families; andCommentsClose CommentsPermalink
`(B) that has the capacity for research, training, information dissemination, and leadership development in all of the professional disciplines related to infants and toddlers three years of age and younger.CommentsClose CommentsPermalink
`(6) QUALIFIED JUDGE- The term `qualified judge' means a judge who presides over a court that has jurisdiction over children in foster care, such as a judge for a dependency court or family court.'.CommentsClose CommentsPermalink
SEC. 2144. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in the header, by striking `Parts C and E)' and inserting `Parts C, E, and F)'; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking `parts C and E)' and inserting `parts C, E, and F)';CommentsClose CommentsPermalink
(2) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(3) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink
`(d) Authorization of Appropriations for Part F- There are authorized to be appropriated to carry out part F, $5,000,000 for each of fiscal years 2008, 2009, 2010, 2011, and 2012.'.CommentsClose CommentsPermalink
Subtitle B--Gang Abatement and Prevention Act of 2007
SEC. 2201. SHORT TITLE.
This subtitle may be cited as the `Gang Abatement and Prevention Act of 2007'.CommentsClose CommentsPermalink
SEC. 2202. FINDINGS.
Congress finds that--CommentsClose CommentsPermalink
(1) violent crime and drug trafficking are pervasive problems at the national, State, and local level;CommentsClose CommentsPermalink
(2) according to recent Federal Bureau of Investigation, Uniform Crime Reports, violent crime in the United States is on the rise, with a 2.3 percent increase in violent crime in 2005 (the largest increase in the United States in 15 years) and an even larger 3.7 percent jump during the first 6 months of 2006, and the Police Executive Research Forum reports that, among jurisdictions providing information, homicides are up 10.21 percent, robberies are up 12.27 percent, and aggravated assaults with firearms are up 9.98 percent since 2004;CommentsClose CommentsPermalink
(3) these disturbing rises in violent crime are attributable in part to the spread of criminal street gangs and the willingness of gang members to commit acts of violence and drug trafficking offenses;CommentsClose CommentsPermalink
(4) according to a recent National Drug Threat Assessment, criminal street gangs are responsible for much of the retail distribution of the cocaine, methamphetamine, heroin, and other illegal drugs being distributed in rural and urban communities throughout the United States;CommentsClose CommentsPermalink
(5) gangs commit acts of violence or drug offenses for numerous motives, such as membership in or loyalty to the gang, for protecting gang territory, and for profit;CommentsClose CommentsPermalink
(6) gang presence and intimidation, and the organized and repetitive nature of the crimes that gangs and gang members commit, has a pernicious effect on the free flow of interstate commercial activities and directly affects the freedom and security of communities plagued by gang activity, diminishing the value of property, inhibiting the desire of national and multinational corporations to transact business in those communities, and in a variety of ways directly and substantially affecting interstate and foreign commerce;CommentsClose CommentsPermalink
(7) gangs often recruit and utilize minors to engage in acts of violence and other serious offenses out of a belief that the criminal justice systems are more lenient on juvenile offenders;CommentsClose CommentsPermalink
(8) gangs often intimidate and threaten witnesses to prevent successful prosecutions;CommentsClose CommentsPermalink
(9) gangs prey upon and incorporate minors into their ranks, exploiting the fact that adolescents have immature decision-making capacity, therefore, gang activity and recruitment can be reduced and deterred through increased vigilance, appropriate criminal penalties, partnerships between Federal and State and local law enforcement, and proactive prevention and intervention efforts, particularly targeted at juveniles and young adults, prior to and even during gang involvement;CommentsClose CommentsPermalink
(10) State and local prosecutors and law enforcement officers, in hearings before the Committee on the Judiciary of the Senate and elsewhere, have enlisted the help of Congress in the prevention, investigation, and prosecution of gang crimes and in the protection of witnesses and victims of gang crimes; andCommentsClose CommentsPermalink
(11) because State and local prosecutors and law enforcement have the expertise, experience, and connection to the community that is needed to assist in combating gang violence, consultation and coordination between Federal, State, and local law enforcement and collaboration with other community agencies is critical to the successful prosecutions of criminal street gangs and reduction of gang problems.CommentsClose CommentsPermalink
PART I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL, INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT INTERSTATE AND FOREIGN COMMERCE
SEC. 2221. REVISION AND EXTENSION OF PENALTIES RELATED TO CRIMINAL STREET GANG ACTIVITY.
(a) In General- Chapter 26 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink
`CHAPTER 26--CRIMINAL STREET GANGS
`Sec.CommentsClose CommentsPermalink
`521. Definitions.CommentsClose CommentsPermalink
`522. Criminal street gang prosecutions.CommentsClose CommentsPermalink
`523. Recruitment of persons to participate in a criminal street gang.CommentsClose CommentsPermalink
`524. Violent crimes in furtherance of criminal street gangs.CommentsClose CommentsPermalink
`525. Forfeiture.CommentsClose CommentsPermalink
`Sec. 521. Definitions
`In this chapter:CommentsClose CommentsPermalink
`(1) CRIMINAL STREET GANG- The term `criminal street gang' means a formal or informal group, organization, or association of 5 or more individuals--CommentsClose CommentsPermalink
`(A) each of whom has committed at least 1 gang crime; andCommentsClose CommentsPermalink
`(B) who collectively commit 3 or more gang crimes (not less than 1 of which is a serious violent felony), in separate criminal episodes (not less than 1 of which occurs after the date of enactment of the Gang Abatement and Prevention Act of 2007, and the last of which occurs not later than 5 years after the commission of a prior gang crime (excluding any time of imprisonment for that individual)).CommentsClose CommentsPermalink
`(2) GANG CRIME- The term `gang crime' means an offense under Federal law punishable by imprisonment for more than 1 year, or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more in any of the following categories:CommentsClose CommentsPermalink
`(A) A crime that has as an element the use, attempted use, or threatened use of physical force against the person of another, or is burglary, arson, kidnapping, or extortion.CommentsClose CommentsPermalink
`(B) A crime involving obstruction of justice, or tampering with or retaliating against a witness, victim, or informant.CommentsClose CommentsPermalink
`(C) A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise trafficking in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (
`(D) Any conduct punishable under--CommentsClose CommentsPermalink
`(i) section 844 (relating to explosive materials);CommentsClose CommentsPermalink
`(ii) subsection (a)(1), (d), (g)(1) (where the underlying conviction is a violent felony or a serious drug offense (as those terms are defined in section 924(e)), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), (g)(11), (i), (j), (k), (n), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts);CommentsClose CommentsPermalink
`(iii) subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 (relating to penalties);CommentsClose CommentsPermalink
`(iv) section 930 (relating to possession of firearms and dangerous weapons in Federal facilities);CommentsClose CommentsPermalink
`(v) section 931 (relating to purchase, ownership, or possession of body armor by violent felons);CommentsClose CommentsPermalink
`(vi) sections 1028 and 1029 (relating to fraud, identity theft, and related activity in connection with identification documents or access devices);CommentsClose CommentsPermalink
`(vii) section 1084 (relating to transmission of wagering information);CommentsClose CommentsPermalink
`(viii) section 1952 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises);CommentsClose CommentsPermalink
`(ix) section 1956 (relating to the laundering of monetary instruments);CommentsClose CommentsPermalink
`(x) section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity); orCommentsClose CommentsPermalink
`(xi) sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property).CommentsClose CommentsPermalink
`(E) Any conduct punishable under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of aliens for immoral purposes) of the Immigration and Nationality Act (
`(F) Any crime involving aggravated sexual abuse, sexual assault, pimping or pandering involving prostitution, sexual exploitation of children (including sections 2251, 2251A, 2252 and 2260), peonage, slavery, or trafficking in persons (including sections 1581 through 1592) and sections 2421 through 2427 (relating to transport for illegal sexual activity).CommentsClose CommentsPermalink
`(3) MINOR- The term `minor' means an individual who is less than 18 years of age.CommentsClose CommentsPermalink
`(4) SERIOUS VIOLENT FELONY- The term `serious violent felony' has the meaning given that term in section 3559.CommentsClose CommentsPermalink
`(5) STATE- The term `State' means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.CommentsClose CommentsPermalink
`Sec. 522. Criminal street gang prosecutions
`(a) Street Gang Crime- It shall be unlawful for any person to knowingly commit, or conspire, threaten, or attempt to commit, a gang crime for the purpose of furthering the activities of a criminal street gang, or gaining entrance to or maintaining or increasing position in a criminal street gang, if the activities of that criminal street gang occur in or affect interstate or foreign commerce.CommentsClose CommentsPermalink
`(b) Penalty- Any person who violates subsection (a) shall be fined under this title and--CommentsClose CommentsPermalink
`(1) for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, imprisonment for any term of years or for life;CommentsClose CommentsPermalink
`(2) for any other serious violent felony, by imprisonment for not more than 30 years;CommentsClose CommentsPermalink
`(3) for any crime of violence that is not a serious violent felony, by imprisonment for not more than 20 years; andCommentsClose CommentsPermalink
`(4) for any other offense, by imprisonment for not more than 10 years.CommentsClose CommentsPermalink
`Sec. 523. Recruitment of persons to participate in a criminal street gang
`(a) Prohibited Acts- It shall be unlawful to knowingly recruit, employ, solicit, induce, command, coerce, or cause another person to be or remain as a member of a criminal street gang, or attempt or conspire to do so, with the intent to cause that person to participate in a gang crime, if the defendant travels in interstate or foreign commerce in the course of the offense, or if the activities of that criminal street gang are in or affect interstate or foreign commerce.CommentsClose CommentsPermalink
`(b) Penalties- Whoever violates subsection (a) shall--CommentsClose CommentsPermalink
`(1) if the person recruited, employed, solicited, induced, commanded, coerced, or caused to participate or remain in a criminal street gang is a minor--CommentsClose CommentsPermalink
`(A) be fined under this title, imprisoned not more than 10 years, or both; andCommentsClose CommentsPermalink
`(B) at the discretion of the sentencing judge, be liable for any costs incurred by the Federal Government, or by any State or local government, for housing, maintaining, and treating the minor until the person attains the age of 18 years;CommentsClose CommentsPermalink
`(2) if the person who recruits, employs, solicits, induces, commands, coerces, or causes the participation or remaining in a criminal street gang is incarcerated at the time the offense takes place, be fined under this title, imprisoned not more than 10 years, or both; andCommentsClose CommentsPermalink
`(3) in any other case, be fined under this title, imprisoned not more than 5 years, or both.CommentsClose CommentsPermalink
`(c) Consecutive Nature of Penalties- Any term of imprisonment imposed under subsection (b)(2) shall be consecutive to any term imposed for any other offense.CommentsClose CommentsPermalink
`Sec. 524. Violent crimes in furtherance of criminal street gangs
`(a) In General- It shall be unlawful for any person, for the purpose of gaining entrance to or maintaining or increasing position in, or in furtherance of, or in association with, a criminal street gang, or as consideration for anything of pecuniary value to or from a criminal street gang, to knowingly commit or threaten to commit against any individual a crime of violence that is an offense under Federal law punishable by imprisonment for more than 1 year or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more, or attempt or conspire to do so, if the activities of the criminal street gang occur in or affect interstate or foreign commerce.CommentsClose CommentsPermalink
`(b) Penalty- Any person who violates subsection (a) shall be punished by a fine under this title and--CommentsClose CommentsPermalink
`(1) for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, by imprisonment for any term of years or for life;CommentsClose CommentsPermalink
`(2) for a serious violent felony other than one described in paragraph (1), by imprisonment for not more than 30 years; andCommentsClose CommentsPermalink
`(3) in any other case, by imprisonment for not more than 20 years.CommentsClose CommentsPermalink
`Sec. 525. Forfeiture
`(a) Criminal Forfeiture- A person who is convicted of a violation of this chapter shall forfeit to the United States--CommentsClose CommentsPermalink
`(1) any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the violation; andCommentsClose CommentsPermalink
`(2) any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the violation.CommentsClose CommentsPermalink
`(b) Procedures Applicable- Pursuant to section 2461(c) of title 28, the provisions of section 413 of the Controlled Substances Act (
(b) Amendment Relating to Priority of Forfeiture Over Orders for Restitution-
(c) Money Laundering-
PART II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE
SEC. 2241. VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.
(1) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink
(A) by inserting `or in furtherance or in aid of an enterprise engaged in racketeering activity,' before `murders,'; andCommentsClose CommentsPermalink
(B) by inserting `engages in conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States,' before `maims,';CommentsClose CommentsPermalink
(2) in paragraph (1), by inserting `conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming,' after `kidnapping,';CommentsClose CommentsPermalink
(3) in paragraph (2), by striking `maiming' and inserting `assault resulting in serious bodily injury';CommentsClose CommentsPermalink
(4) in paragraph (3), by striking `or assault resulting in serious bodily injury';CommentsClose CommentsPermalink
(5) in paragraph (4)--CommentsClose CommentsPermalink
(A) by striking `five years' and inserting `10 years'; andCommentsClose CommentsPermalink
(B) by adding `and' at the end; andCommentsClose CommentsPermalink
(6) by striking paragraphs (5) and (6) and inserting the following:CommentsClose CommentsPermalink
`(5) for attempting or conspiring to commit any offense under this section, by the same penalties (other than the death penalty) as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.'.CommentsClose CommentsPermalink
SEC. 2242. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME.
(a) In General- Part D of the Controlled Substances Act (
`SEC. 424. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME.
`(a) In General- Whoever, during and in relation to any drug trafficking crime, knowingly commits any crime of violence against any individual that is an offense under Federal law punishable by imprisonment for more than 1 year or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more, or threatens, attempts or conspires to do so, shall be punished by a fine under title 18, United States Code, and--CommentsClose CommentsPermalink
`(1) for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, by imprisonment for any term of years or for life;CommentsClose CommentsPermalink
`(2) for a serious violent felony (as defined in
`(3) for a crime of violence that is not a serious violent felony, by imprisonment for not more than 20 years; andCommentsClose CommentsPermalink
`(4) in any other case by imprisonment for not more than 10 years.CommentsClose CommentsPermalink
`(b) Venue- A prosecution for a violation of this section may be brought in--CommentsClose CommentsPermalink
`(1) the judicial district in which the murder or other crime of violence occurred; orCommentsClose CommentsPermalink
`(2) any judicial district in which the drug trafficking crime may be prosecuted.CommentsClose CommentsPermalink
`(c) Definitions- In this section--CommentsClose CommentsPermalink
`(1) the term `crime of violence' has the meaning given that term in
`(2) the term `drug trafficking crime' has the meaning given that term in
(b) Clerical Amendment- The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (
`Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime.'.CommentsClose CommentsPermalink
SEC. 2243. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS CHARGED WITH FIREARMS OFFENSES.
SEC. 2244. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.
(a) In General- Chapter 213 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 3299A. Violent crime offenses
`No person shall be prosecuted, tried, or punished for any noncapital felony crime of violence, including any racketeering activity or gang crime which involves any crime of violence, unless the indictment is found or the information is instituted not later than 10 years after the date on which the alleged violation occurred or the continuing offense was completed.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`3299A. Violent crime offenses.'.CommentsClose CommentsPermalink
SEC. 2245. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.
The Judicial Conference of the United States shall study the necessity and desirability of amending section 804(b) of the Federal Rules of Evidence to permit the introduction of statements against a party by a witness who has been made unavailable where it is reasonably foreseeable by that party that wrongdoing would make the declarant unavailable.CommentsClose CommentsPermalink
SEC. 2246. POSSESSION OF FIREARMS BY DANGEROUS FELONS.
(a) In General-
`(1) In the case of a person who violates section 922(g) of this title and has previously been convicted by any court referred to in section 922(g)(1) of a violent felony or a serious drug offense shall--CommentsClose CommentsPermalink
`(A) in the case of 1 such prior conviction, where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for that conviction, be imprisoned for not more than 15 years, fined under this title, or both;CommentsClose CommentsPermalink
`(B) in the case of 2 such prior convictions, committed on occasions different from one another, and where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for the most recent such conviction, be imprisoned for not more than 20 years, fined under this title, or both; andCommentsClose CommentsPermalink
`(C) in the case of 3 such prior convictions, committed on occasions different from one another, and where a period of not more than 10 years has elapsed since the later of date of conviction and the date of release of the person from imprisonment for the most recent such conviction, be imprisoned for any term of years not less than 15 years or for life and fined under this title, and notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 922(g).'.CommentsClose CommentsPermalink
(b) Amendment to Sentencing Guidelines- Pursuant to its authority under
SEC. 2247. CONFORMING AMENDMENT.
The matter preceding paragraph (1) in
SEC. 2248. AMENDMENTS RELATING TO VIOLENT CRIME.
(a) Carjacking-
(1) in the matter preceding paragraph (1), by striking `, with the intent' and all that follows through `to do so, shall' and inserting `knowingly takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person of another by force and violence or by intimidation, causing a reasonable apprehension of fear of death or serious bodily injury in an individual, or attempts or conspires to do so, shall';CommentsClose CommentsPermalink
(2) in paragraph (1), by striking `15 years' and inserting `20 years';CommentsClose CommentsPermalink
(3) in paragraph (2), by striking `or imprisoned not more than 25 years, or both' and inserting `and imprisoned for any term of years or for life'; andCommentsClose CommentsPermalink
(4) in paragraph (3), by inserting `the person takes or attempts to take the motor vehicle in violation of this section with intent to cause death or cause serious bodily injury, and' before `death results'.CommentsClose CommentsPermalink
(b) Clarification and Strengthening of Prohibition on Illegal Gun Transfers To Commit Drug Trafficking Crime or Crime of Violence-
`(h) Whoever knowingly transfers a firearm that has moved in or that otherwise affects interstate or foreign commerce, knowing that the firearm will be used to commit, or possessed in furtherance of, a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be fined under this title and imprisoned not more than 20 years.'.CommentsClose CommentsPermalink
(c) Amendment of Special Sentencing Provision Relating to Limitations on Criminal Association-
(1) by inserting `chapter 26 of this title (criminal street gang prosecutions) or in' after `felony set forth in'; andCommentsClose CommentsPermalink
(2) by inserting `a criminal street gang or' before `an illegal enterprise'.CommentsClose CommentsPermalink
(d) Conspiracy Penalty-
SEC. 2249. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL PENALTIES.
The Attorney General is authorized to conduct media campaigns in any area designated as a high intensity gang activity area under section 2261 and any area with existing and emerging problems with gangs, as needed, to educate individuals in that area about the changes in criminal penalties made by this subtitle, and shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives the amount of expenditures and all other aspects of the media campaign.CommentsClose CommentsPermalink
SEC. 2250. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES.
(1) in the subsection heading, by striking `Eight-Year' and inserting `Ten-Year'; andCommentsClose CommentsPermalink
(2) in the first sentence, by striking `8 years' and inserting `10 years'.CommentsClose CommentsPermalink
SEC. 2251. CRIMES COMMITTED IN INDIAN COUNTRY OR EXCLUSIVE FEDERAL JURISDICTION AS RACKETEERING PREDICATES.
SEC. 2252. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.
(1) by striking `or' and the end of paragraph (r);CommentsClose CommentsPermalink
(2) by redesignating paragraph (s) as paragraph (u); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (r) the following:CommentsClose CommentsPermalink
`(s) any violation of section 424 of the Controlled Substances Act (relating to murder and other violent crimes in furtherance of a drug trafficking crime);CommentsClose CommentsPermalink
`(t) any violation of section 522, 523, or 524 (relating to criminal street gangs); or'.CommentsClose CommentsPermalink
SEC. 2253. CLARIFICATION OF HOBBS ACT.
(1) in paragraph (1), by inserting `including the unlawful impersonation of a law enforcement officer (as that term is defined in section 245(c) of this title),' after `by means of actual or threatened force,'; andCommentsClose CommentsPermalink
(2) in paragraph (2), by inserting `including the unlawful impersonation of a law enforcement officer (as that term is defined in section 245(c) of this title),' after `by wrongful use of actual or threatened force,'.CommentsClose CommentsPermalink
SEC. 2254. INTERSTATE TAMPERING WITH OR RETALIATION AGAINST A WITNESS, VICTIM, OR INFORMANT IN A STATE CRIMINAL PROCEEDING.
(a) In General- Chapter 73 of title 18, United States Code, is amended by inserting after section 1513 the following:CommentsClose CommentsPermalink
`Sec. 1513A. Interstate tampering with or retaliation against a witness, victim, or informant in a State criminal proceeding
`(a) In General- It shall be unlawful for any person--CommentsClose CommentsPermalink
`(1) to travel in interstate or foreign commerce, or to use the mail or any facility in interstate or foreign commerce, or to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to do the same, with the intent to--CommentsClose CommentsPermalink
`(A) use or threaten to use any physical force against any witness, informant, victim, or other participant in a State criminal proceeding in an effort to influence or prevent participation in such proceeding, or to retaliate against such individual for participating in such proceeding; orCommentsClose CommentsPermalink
`(B) threaten, influence, or prevent from testifying any actual or prospective witness in a State criminal proceeding; orCommentsClose CommentsPermalink
`(2) to attempt or conspire to commit an offense under subparagraph (A) or (B) of paragraph (1).CommentsClose CommentsPermalink
`(b) Penalties-CommentsClose CommentsPermalink
`(1) USE OF FORCE- Any person who violates subsection (a)(1)(A) by use of force--CommentsClose CommentsPermalink
`(A) shall be fined under this title, imprisoned not more than 20 years, or both; andCommentsClose CommentsPermalink
`(B) if death, kidnapping, or serious bodily injury results, shall be fined under this title, imprisoned for any term of years or for life, or both.CommentsClose CommentsPermalink
`(2) OTHER VIOLATIONS- Any person who violates subsection (a)(1)(A) by threatened use of force or violates paragraph (1)(B) or (2) of subsection (a) shall be fined under this title, imprisoned not more than 10 years, or both.CommentsClose CommentsPermalink
`(c) Venue- A prosecution under this section may be brought in the district in which the official proceeding (whether or not pending, about to be instituted or was completed) was intended to be affected or was completed, or in which the conduct constituting the alleged offense occurred.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 1512 is amended, in the section heading, by adding at the end the following: `in a federal proceeding'.CommentsClose CommentsPermalink
(c) Chapter Analysis- The table of sections for chapter 73 of title 18, United States Code, is amended--CommentsClose CommentsPermalink
(1) by striking the item relating to section 1512 and inserting the following:CommentsClose CommentsPermalink
`1512. Tampering with a witness, victim, or an informant in a Federal proceeding.';CommentsClose CommentsPermalink
andCommentsClose CommentsPermalink
(2) by inserting after the item relating to section 1513 the following:CommentsClose CommentsPermalink
`1513A. Interstate tampering with or retaliation against a witness, victim, or informant in a State criminal proceeding.'.CommentsClose CommentsPermalink
SEC. 2255. AMENDMENT OF SENTENCING GUIDELINES.
(a) In General- Pursuant to its authority under
(b) Requirements- In carrying out this section, the United States Sentencing Commission shall--CommentsClose CommentsPermalink
(1) establish new guidelines and policy statements, as warranted, in order to implement new or revised criminal offenses under this part and the amendments made by this part;CommentsClose CommentsPermalink
(2) consider the extent to which the guidelines and policy statements adequately address--CommentsClose CommentsPermalink
(A) whether the guidelines offense levels and enhancements--CommentsClose CommentsPermalink
(i) are sufficient to deter and punish such offenses; andCommentsClose CommentsPermalink
(ii) are adequate in view of the statutory increases in penalties contained in this part and the amendments made by this part; andCommentsClose CommentsPermalink
(B) whether any existing or new specific offense characteristics should be added to reflect congressional intent to increase penalties for the offenses set forth in this part and the amendments made by this part;CommentsClose CommentsPermalink
(3) ensure that specific offense characteristics are added to increase the guideline range--CommentsClose CommentsPermalink
(A) by at least 2 offense levels, if a criminal defendant committing a gang crime or gang recruiting offense was an alien who was present in the United States in violation of section 275 or 276 of the Immigration and Nationality Act (
(B) by at least 4 offense levels, if such defendant had also previously been ordered removed or deported under the Immigration and Nationality Act (
(4) determine under what circumstances a sentence of imprisonment imposed under this part or the amendments made by this part shall run consecutively to any other sentence of imprisonment imposed for any other crime, except that the Commission shall ensure that a sentence of imprisonment imposed under section 424 of the Controlled Substances Act (
(5) account for any aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;CommentsClose CommentsPermalink
(6) ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutes;CommentsClose CommentsPermalink
(7) make any necessary and conforming changes to the sentencing guidelines and policy statements; andCommentsClose CommentsPermalink
(8) ensure that the guidelines adequately meet the purposes of sentencing set forth in
PART III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES
SEC. 2261. DESIGNATION OF AND ASSISTANCE FOR HIGH INTENSITY GANG ACTIVITY AREAS.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) GOVERNOR- The term `Governor' means a Governor of a State, the Mayor of the District of Columbia, the tribal leader of an Indian tribe, or the chief executive of a Commonwealth, territory, or possession of the United States.CommentsClose CommentsPermalink
(2) HIGH INTENSITY GANG ACTIVITY AREA- The term `high intensity gang activity area' or `HIGAA' means an area within 1 or more States or Indian country that is designated as a high intensity gang activity area under subsection (b)(1).CommentsClose CommentsPermalink
(3) INDIAN COUNTRY- The term `Indian country' has the meaning given the term in
(4) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (
(5) STATE- The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.CommentsClose CommentsPermalink
(6) TRIBAL LEADER- The term `tribal leader' means the chief executive officer representing the governing body of an Indian tribe.CommentsClose CommentsPermalink
(b) High Intensity Gang Activity Areas-CommentsClose CommentsPermalink
(1) DESIGNATION- The Attorney General, after consultation with the Governors of appropriate States, may designate as high intensity gang activity areas, specific areas that are located within 1 or more States, which may consist of 1 or more municipalities, counties, or other jurisdictions as appropriate.CommentsClose CommentsPermalink
(2) ASSISTANCE- In order to provide Federal assistance to high intensity gang activity areas, the Attorney General shall--CommentsClose CommentsPermalink
(A) establish local collaborative working groups, which shall include--CommentsClose CommentsPermalink
(i) criminal street gang enforcement teams, consisting of Federal, State, tribal, and local law enforcement authorities, for the coordinated investigation, disruption, apprehension, and prosecution of criminal street gangs and offenders in each high intensity gang activity area;CommentsClose CommentsPermalink
(ii) educational, community, and faith leaders in the area;CommentsClose CommentsPermalink
(iii) service providers in the community, including those experienced at reaching youth and adults who have been involved in violence and violent gangs or groups, to provide gang-involved or seriously at-risk youth with positive alternatives to gangs and other violent groups and to address the needs of those who leave gangs and other violent groups, and those reentering society from prison; andCommentsClose CommentsPermalink
(iv) evaluation teams to research and collect information, assess data, recommend adjustments, and generally assure the accountability and effectiveness of program implementation;CommentsClose CommentsPermalink
(B) direct the reassignment or detailing from any Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) of personnel to each criminal street gang enforcement team;CommentsClose CommentsPermalink
(C) direct the reassignment or detailing of representatives from--CommentsClose CommentsPermalink
(i) the Department of Justice;CommentsClose CommentsPermalink
(ii) the Department of Education;CommentsClose CommentsPermalink
(iii) the Department of Labor;CommentsClose CommentsPermalink
(iv) the Department of Health and Human Services;CommentsClose CommentsPermalink
(v) the Department of Housing and Urban Development; andCommentsClose CommentsPermalink
(vi) any other Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) to each high intensity gang activity area to identify and coordinate efforts to access Federal programs and resources available to provide gang prevention, intervention, and reentry assistance;CommentsClose CommentsPermalink
(D) prioritize and administer the Federal program and resource requests made by the local collaborative working group established under subparagraph (A) for each high intensity gang activity area;CommentsClose CommentsPermalink
(E) provide all necessary funding for the operation of each local collaborative working group in each high intensity gang activity area; andCommentsClose CommentsPermalink
(F) provide all necessary funding for national and regional meetings of local collaborative working groups, criminal street gang enforcement teams, and educational, community, social service, faith-based, and all other related organizations, as needed, to ensure effective operation of such teams through the sharing of intelligence and best practices and for any other related purpose.CommentsClose CommentsPermalink
(3) COMPOSITION OF CRIMINAL STREET GANG ENFORCEMENT TEAM- Each team established under paragraph (2)(A)(i) shall consist of agents and officers, where feasible, from--CommentsClose CommentsPermalink
(A) the Federal Bureau of Investigation;CommentsClose CommentsPermalink
(B) the Drug Enforcement Administration;CommentsClose CommentsPermalink
(C) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;CommentsClose CommentsPermalink
(D) the United States Marshals Service;CommentsClose CommentsPermalink
(E) the Department of Homeland Security;CommentsClose CommentsPermalink
(F) the Department of Housing and Urban Development;CommentsClose CommentsPermalink
(G) State, local, and, where appropriate, tribal law enforcement;CommentsClose CommentsPermalink
(H) Federal, State, and local prosecutors; andCommentsClose CommentsPermalink
(I) the Bureau of Indian Affairs, Office of Law Enforcement Services, where appropriate.CommentsClose CommentsPermalink
(4) CRITERIA FOR DESIGNATION- In considering an area for designation as a high intensity gang activity area under this section, the Attorney General shall consider--CommentsClose CommentsPermalink
(A) the current and predicted levels of gang crime activity in the area;CommentsClose CommentsPermalink
(B) the extent to which qualitative and quantitative data indicate that violent crime in the area is related to criminal street gang activity, such as murder, robbery, assaults, carjacking, arson, kidnapping, extortion, drug trafficking, and other criminal activity;CommentsClose CommentsPermalink
(C) the extent to which State, local, and, where appropriate, tribal law enforcement agencies, schools, community groups, social service agencies, job agencies, faith-based organizations, and other organizations have committed resources to--CommentsClose CommentsPermalink
(i) respond to the gang crime problem; andCommentsClose CommentsPermalink
(ii) participate in a gang enforcement team;CommentsClose CommentsPermalink
(D) the extent to which a significant increase in the allocation of Federal resources would enhance local response to the gang crime activities in the area; andCommentsClose CommentsPermalink
(E) any other criteria that the Attorney General considers to be appropriate.CommentsClose CommentsPermalink
(5) RELATION TO HIDTAS- If the Attorney General establishes a high intensity gang activity area that substantially overlaps geographically with any existing high intensity drug trafficking area (in this section referred to as a `HIDTA'), the Attorney General shall direct the local collaborative working group for that high intensity gang activity area to enter into an agreement with the Executive Board for that HIDTA, providing that--CommentsClose CommentsPermalink
(A) the Executive Board of that HIDTA shall establish a separate high intensity gang activity area law enforcement steering committee, and select (with a preference for Federal, State, and local law enforcement agencies that are within the geographic area of that high intensity gang activity area) the members of that committee, subject to the concurrence of the Attorney General;CommentsClose CommentsPermalink
(B) the high intensity gang activity area law enforcement steering committee established under subparagraph (A) shall administer the funds provided under subsection (g)(1) for the criminal street gang enforcement team, after consulting with, and consistent with the goals and strategies established by, that local collaborative working group;CommentsClose CommentsPermalink
(C) the high intensity gang activity area law enforcement steering committee established under subparagraph (A) shall select, from Federal, State, and local law enforcement agencies within the geographic area of that high intensity gang activity area, the members of the Criminal Street Gang Enforcement Team, in accordance with paragraph (3); andCommentsClose CommentsPermalink
(D) the Criminal Street Gang Enforcement Team of that high intensity gang activity area, and its law enforcement steering committee, may, with approval of the Executive Board of the HIDTA with which it substantially overlaps, utilize the intelligence-sharing, administrative, and other resources of that HIDTA.CommentsClose CommentsPermalink
(c) Reporting Requirements-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than December 1 of each year, the Attorney General shall submit a report to the appropriate committees of Congress and the Director of the Office of Management and Budget and the Domestic Policy Council that describes, for each designated high intensity gang activity area--CommentsClose CommentsPermalink
(A) the specific long-term and short-term goals and objectives;CommentsClose CommentsPermalink
(B) the measurements used to evaluate the performance of the high intensity gang activity area in achieving the long-term and short-term goals;CommentsClose CommentsPermalink
(C) the age, composition, and membership of gangs;CommentsClose CommentsPermalink
(D) the number and nature of crimes committed by gangs and gang members;CommentsClose CommentsPermalink
(E) the definition of the term `gang' used to compile that report; andCommentsClose CommentsPermalink
(F) the programmatic outcomes and funding need of the high intensity gang area, including--CommentsClose CommentsPermalink
(i) an evidence-based analysis of the best practices and outcomes from the work of the relevant local collaborative working group; andCommentsClose CommentsPermalink
(ii) an analysis of whether Federal resources distributed meet the needs of the high intensity gang activity area and, if any programmatic funding shortfalls exist, recommendations for programs or funding to meet such shortfalls.CommentsClose CommentsPermalink
(2) APPROPRIATE COMMITTEES- In this subsection, the term `appropriate committees of Congress' means--CommentsClose CommentsPermalink
(A) the Committee on the Judiciary, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on the Judiciary, the Committee on Appropriations, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives.CommentsClose CommentsPermalink
(d) Additional Assistant United States Attorneys- The Attorney General is authorized to hire 94 additional Assistant United States attorneys, and nonattorney coordinators and paralegals as necessary, to carry out the provisions of this section.CommentsClose CommentsPermalink
(e) Additional Defense Counsel- In each of the fiscal years 2008 through 2012, the Director of the Administrative Office of the United States Courts is authorized to hire 71 additional attorneys, nonattorney coordinators, and investigators, as necessary, in Federal Defender Programs and Federal Community Defender Organizations, and to make additional payments as necessary to retain appointed counsel under
(f) National Gang Research, Evaluation, and Policy Institute-CommentsClose CommentsPermalink
(1) IN GENERAL- The Office of Justice Programs of the Department of Justice, after consulting with relevant law enforcement officials, practitioners and researchers, shall establish a National Gang Research, Evaluation, and Policy Institute (in this subsection referred to as the `Institute').CommentsClose CommentsPermalink
(2) ACTIVITIES- The Institute shall--CommentsClose CommentsPermalink
(A) promote and facilitate the implementation of data-driven, effective gang violence suppression, prevention, intervention, and reentry models, such as the Operation Ceasefire model, the Strategic Public Health Approach, the Gang Reduction Program, or any other promising municipally driven, comprehensive community-wide strategy that is demonstrated to be effective in reducing gang violence;CommentsClose CommentsPermalink
(B) assist jurisdictions by conducting timely research on effective models and designing and promoting implementation of effective local strategies, including programs that have objectives and data on how they reduce gang violence (including shootings and killings), using prevention, outreach, and community approaches, and that demonstrate the efficacy of these approaches; andCommentsClose CommentsPermalink
(C) provide and contract for technical assistance as needed in support of its mission.CommentsClose CommentsPermalink
(3) NATIONAL CONFERENCE- Not later than 90 days after the date of its formation, the Institute shall design and conduct a national conference to reduce and prevent gang violence, and to teach and promote gang violence prevention, intervention, and reentry strategies. The conference shall be attended by appropriate representatives from criminal street gang enforcement teams, and local collaborative working groups, including representatives of educational, community, religious, and social service organizations, and gang program and policy research evaluators.CommentsClose CommentsPermalink
(4) NATIONAL DEMONSTRATION SITES- Not later than 120 days after the date of its formation, the Institute shall select appropriate HIGAA areas to serve as primary national demonstration sites, based on the nature, concentration, and distribution of various gang types, the jurisdiction's established capacity to integrate prevention, intervention, re-entry and enforcement efforts, and the range of particular gang-related issues. After establishing primary national demonstration sites, the Institute shall establish such other secondary sites, to be linked to and receive evaluation, research, and technical assistance through the primary sites, as it may determine appropriate.CommentsClose CommentsPermalink
(5) DISSEMINATION OF INFORMATION- Not later than 180 days after the date of its formation, the Institute shall develop and begin dissemination of information about methods to effectively reduce and prevent gang violence, including guides, research and assessment models, case studies, evaluations, and best practices. The Institute shall also create a website, designed to support the implementation of successful gang violence prevention models, and disseminate appropriate information to assist jurisdictions in reducing gang violence.CommentsClose CommentsPermalink
(6) GANG INTERVENTION ACADEMIES- Not later than 6 months after the date of its formation, the Institute shall, either directly or through contracts with qualified nonprofit organizations, establish not less than 1 training academy, located in a high intensity gang activity area, to promote effective gang intervention and community policing. The purposes of an academy established under this paragraph shall be to increase professionalism of gang intervention workers, improve officer training for working with gang intervention workers, create best practices for independent cooperation between officers and intervention workers, and develop training for community policing.CommentsClose CommentsPermalink
(7) SUPPORT- The Institute shall obtain initial and continuing support from experienced researchers and practitioners, as it determines necessary, to test and assist in implementing its strategies nationally, regionally, and locally.CommentsClose CommentsPermalink
(8) RESEARCH AGENDA- The Institute shall establish and implement a core research agenda designed to address areas of particular challenge, including--CommentsClose CommentsPermalink
(A) how best to apply and continue to test the models described in paragraph (2) in particularly large jurisdictions;CommentsClose CommentsPermalink
(B) how to foster and maximize the continuing impact of community moral voices in this context;CommentsClose CommentsPermalink
(C) how to ensure the long-term sustainability of reduced violent crime levels once initial levels of enthusiasm may subside; andCommentsClose CommentsPermalink
(D) how to apply existing intervention frameworks to emerging local, regional, national, or international gang problems, such as the emergence of the gang known as MS-13.CommentsClose CommentsPermalink
(9) EVALUATION- The National Institute of Justice shall evaluate, on a continuing basis, comprehensive gang violence prevention, intervention, suppression, and reentry strategies supported by the Institute, and shall report the results of these evaluations by no later than October 1 each year to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink
(10) FUNDS- The Attorney General shall use not less than 3 percent, and not more than 5 percent, of the amounts made available under this section to establish and operate the Institute.CommentsClose CommentsPermalink
(g) Use of Funds- Of amounts made available to a local collaborative working group under this section for each fiscal year that are remaining after the costs of hiring a full time coordinator for the local collaborative effort--CommentsClose CommentsPermalink
(1) 50 percent shall be used for the operation of criminal street gang enforcement teams; andCommentsClose CommentsPermalink
(2) 50 percent shall be used--CommentsClose CommentsPermalink
(A) to provide at-risk youth with positive alternatives to gangs and other violent groups and to address the needs of those who leave gangs and other violent groups through--CommentsClose CommentsPermalink
(i) service providers in the community, including schools and school districts; andCommentsClose CommentsPermalink
(ii) faith leaders and other individuals experienced at reaching youth who have been involved in violence and violent gangs or groups;CommentsClose CommentsPermalink
(B) for the establishment and operation of the National Gang Research, Evaluation, and Policy Institute; andCommentsClose CommentsPermalink
(C) to support and provide technical assistance to research in criminal justice, social services, and community gang violence prevention collaborations.CommentsClose CommentsPermalink
(h) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2008 through 2012. Any funds made available under this subsection shall remain available until expended.CommentsClose CommentsPermalink
SEC. 2262. GANG PREVENTION GRANTS.
(a) Authority To Make Grants- The Office of Justice Programs of the Department of Justice may make grants, in accordance with such regulations as the Attorney General may prescribe, to States, units of local government, tribal governments, and qualified private entities, to develop community-based programs that provide crime prevention, research, and intervention services that are designed for gang members and at-risk youth.CommentsClose CommentsPermalink
(b) Use of Grant Amounts- A grant under this section may be used (including through subgrants) for--CommentsClose CommentsPermalink
(1) preventing initial gang recruitment and involvement among younger teenagers;CommentsClose CommentsPermalink
(2) reducing gang involvement through nonviolent and constructive activities, such as community service programs, development of nonviolent conflict resolution skills, employment and legal assistance, family counseling, and other safe, community-based alternatives for high-risk youth;CommentsClose CommentsPermalink
(3) developing in-school and after-school gang safety, control, education, and resistance procedures and programs;