[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 456 Reported in Senate (RS)]
Calendar No. 290
110th CONGRESS
1st Session
S. 456
To increase and enhance law enforcement resources committed to
investigation and prosecution of violent gangs, to deter and punish
violent gang crime, to protect law-abiding citizens and communities
from violent criminals, to revise and enhance criminal penalties for
violent crimes, to expand and improve gang prevention programs, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2007
Mrs. Feinstein (for herself, Mr. Hatch, Mr. Schumer, Mr. Specter, Mr.
Biden, Mr. Kyl, Mr. Stevens, Ms. Cantwell, Mr. Coleman, Ms. Mikulski,
Mr. Baucus, Mr. Pryor, Mr. Salazar, Mrs. Murray, Mr. Brown, Mrs.
Clinton, Mrs. Dole, Mr. Cornyn, Mr. Kohl, Mr. Casey, Mr. Warner, Mrs.
Lincoln, Mrs. Boxer, Mr. Menendez, Mr. Durbin, Mr. Lautenberg, Mr.
Kennedy, Mr. Domenici, Mrs. Hutchison, Ms. Murkowski, Mr. Kerry, Mr.
Roberts, Mr. Johnson, Mr. Akaka, Mr. Webb, Mr. Bingaman, Mr. Inouye,
Mr. Nelson of Florida, Mr. Martinez, Mr. Bayh, and Mr. Tester)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
July 30, 2007
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To increase and enhance law enforcement resources committed to
investigation and prosecution of violent gangs, to deter and punish
violent gang crime, to protect law-abiding citizens and communities
from violent criminals, to revise and enhance criminal penalties for
violent crimes, to expand and improve gang prevention programs, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Gang Abatement and
Prevention Act of 2007''.</DELETED>
<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>
<DELETED> The table of contents of this Act is as follows:</DELETED>
<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
<DELETED>Sec. 3. Findings.
<DELETED>TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT NATIONAL
GANGS
<DELETED>Sec. 101. Revision and extension of penalties related to
criminal street gang activity.
<DELETED>TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE
<DELETED>Sec. 201. Violent crimes in aid of racketeering activity.
<DELETED>Sec. 202. Murder and other violent crimes committed during and
in relation to a drug trafficking crime.
<DELETED>Sec. 203. Expansion of rebuttable presumption against release
of persons charged with firearms offenses.
<DELETED>Sec. 204. Statute of limitations for violent crime.
<DELETED>Sec. 205. Study of hearsay exception for forfeiture by
wrongdoing.
<DELETED>Sec. 206. Possession of firearms by dangerous felons.
<DELETED>Sec. 207. Conforming amendment.
<DELETED>Sec. 208. Amendments relating to violent crime.
<DELETED>Sec. 209. Crimes of violence and drug crimes committed by
illegal aliens.
<DELETED>Sec. 210. Publicity campaign about new criminal penalties.
<DELETED>Sec. 211. Statute of limitations for terrorism offenses.
<DELETED>Sec. 212. Crimes committed in Indian country or exclusive
Federal jurisdiction as racketeering
predicates.
<DELETED>Sec. 213. Predicate crimes for authorization of interception
of wire, oral, and electronic
communications.
<DELETED>Sec. 214. Clarification of Hobbs Act.
<DELETED>TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT
AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES
<DELETED>Sec. 301. Designation of and assistance for high intensity
interstate gang activity areas.
<DELETED>Sec. 302. Enhancement of Project Safe Neighborhoods initiative
to improve enforcement of criminal laws
against violent gangs.
<DELETED>Sec. 303. Additional resources needed by the Federal Bureau of
Investigation to investigate and prosecute
violent criminal street gangs.
<DELETED>Sec. 304. Grants to prosecutors and law enforcement to combat
violent crime.
<DELETED>Sec. 305. Short-Term State Witness Protection Section.
<DELETED>Sec. 306. Witness protection services.
<DELETED>Sec. 307. Expansion of Federal witness relocation and
protection program.
<DELETED>Sec. 308. Family abduction prevention grant program.
<DELETED>SEC. 3. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) violent crime and drug trafficking are
pervasive problems at the national, State, and local
level;</DELETED>
<DELETED> (2) according to recent Federal Bureau of
Investigation, Uniform Crime Reports, violent crime in the
United States is on the rise, with a 2.5 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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (6) gang presence and intimidation, and the
organized and repetitive nature of the crimes that gangs
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 significantly affecting
interstate and foreign commerce;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (8) gangs often intimidate and threaten witnesses
to prevent successful prosecutions;</DELETED>
<DELETED> (9) gang recruitment can be deterred through
increased vigilance, strong criminal penalties, partnerships
between Federal and State and local law enforcement, and
proactive intervention efforts, particularly targeted at
juveniles, prior to gang involvement;</DELETED>
<DELETED> (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; and</DELETED>
<DELETED> (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 is critical to the successful
prosecutions of criminal street gangs.</DELETED>
<DELETED>TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT NATIONAL
GANGS</DELETED>
<DELETED>SEC. 101. REVISION AND EXTENSION OF PENALTIES RELATED TO
CRIMINAL STREET GANG ACTIVITY.</DELETED>
<DELETED> (a) In General.--Chapter 26 of title 18, United States
Code, is amended to read as follows:</DELETED>
<DELETED>``CHAPTER 26--CRIMINAL STREET GANGS</DELETED>
<DELETED>``Sec.
<DELETED>``521. Definitions.
<DELETED>``522. Criminal street gang prosecutions.
<DELETED>``523. Recruitment of persons to participate in a criminal
street gang.
<DELETED>``524. Violent crimes in furtherance of criminal street gangs.
<DELETED>``525. Forfeiture.
<DELETED>``Sec. 521. Definitions</DELETED>
<DELETED> ``In this chapter:</DELETED>
<DELETED> ``(1) Criminal street gang.--The term `criminal
street gang' means a formal or informal group or association of
5 or more individuals, who commit 3 or more gang crimes (not
less than 1 of which is a serious violent felony), in 3 or more
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)).</DELETED>
<DELETED> ``(2) Gang crime.--The term `gang crime' means a
felony offense under Federal or State law punishable by
imprisonment for more than 1 year, in any of the following
categories:</DELETED>
<DELETED> ``(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,
or extortion.</DELETED>
<DELETED> ``(B) A crime involving obstruction of
justice, or tampering with or retaliating against a
witness, victim, or informant.</DELETED>
<DELETED> ``(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
(21 U.S.C. 802)).</DELETED>
<DELETED> ``(D) Any conduct punishable under--
</DELETED>
<DELETED> ``(i) section 844 (relating to
explosive materials);</DELETED>
<DELETED> ``(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),
(i), (j), (k), (n), (o), (p), (q), (u), or (x)
of section 922 (relating to unlawful
acts);</DELETED>
<DELETED> ``(iii) subsection (b), (c), (g),
(h), (k), (l), (m), or (n) of section 924
(relating to penalties);</DELETED>
<DELETED> ``(iv) section 930 (relating to
possession of firearms and dangerous weapons in
Federal facilities);</DELETED>
<DELETED> ``(v) section 931 (relating to
purchase, ownership, or possession of body
armor by violent felons);</DELETED>
<DELETED> ``(vi) sections 1028 and 1029
(relating to fraud and related activity in
connection with identification documents or
access devices);</DELETED>
<DELETED> ``(vii) section 1084 (relating to
transmission of wagering
information);</DELETED>
<DELETED> ``(viii) section 1952 (relating to
interstate and foreign travel or transportation
in aid of racketeering enterprises);</DELETED>
<DELETED> ``(ix) section 1956 (relating to
the laundering of monetary
instruments);</DELETED>
<DELETED> ``(x) section 1957 (relating to
engaging in monetary transactions in property
derived from specified unlawful activity);
or</DELETED>
<DELETED> ``(xi) sections 2312 through 2315
(relating to interstate transportation of
stolen motor vehicles or stolen
property).</DELETED>
<DELETED> ``(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 (8
U.S.C. 1324, 1327, and 1328).</DELETED>
<DELETED> ``(F) Any crime involving aggravated
sexual abuse, pimping or promoting prostitution,
obscenity (including sections 1461 through 1465),
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).</DELETED>
<DELETED> ``(3) Minor.--The term `minor' means an individual
who is less than 18 years of age.</DELETED>
<DELETED> ``(4) Serious violent felony.--The term `serious
violent felony' has the meaning given that term in section
3559.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 522. Criminal street gang prosecutions</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Penalty.--Any person who violates subsection (a)
shall be fined under this title and--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) for any other serious violent felony, by
imprisonment for not more than 30 years;</DELETED>
<DELETED> ``(3) for any crime of violence that is not a
serious violent felony, by imprisonment for not more than 20
years; and</DELETED>
<DELETED> ``(4) for any other offense, by imprisonment for
not more than 10 years.</DELETED>
<DELETED>``Sec. 523. Recruitment of persons to participate in a
criminal street gang</DELETED>
<DELETED> ``(a) Prohibited Acts.--It shall be unlawful to knowingly
recruit, employ, solicit, induce, command, 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 an offense described in section 522, 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.</DELETED>
<DELETED> ``(b) Penalties.--Whoever violates subsection (a) shall--
</DELETED>
<DELETED> ``(1) if the person recruited, employed,
solicited, induced, commanded, or caused to participate or
remain in a criminal street gang is a minor--</DELETED>
<DELETED> ``(A) be fined under this title,
imprisoned not more than 20 years, or both;
and</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) if the person who recruits, employs,
solicits, induces, commands, 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 20 years, or both; and</DELETED>
<DELETED> ``(3) in any other case, be fined under this
title, imprisoned not more than 10 years, or both.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``Sec. 524. Violent crimes in furtherance of criminal street
gangs</DELETED>
<DELETED> ``(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 a crime of violence or
threaten to commit a crime of violence against any individual, or
attempt or conspire to do so, if the activities of the criminal state
gang occur in or affect interstate or foreign commerce.</DELETED>
<DELETED> ``(b) Penalty.--Any person who violates subsection (a)
shall be punished by a fine under this title and--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) for a serious violent felony other than one
described in paragraph (1), by imprisonment for not more than
30 years; and</DELETED>
<DELETED> ``(3) in any other case, by imprisonment for not
more than 20 years.</DELETED>
<DELETED>``Sec. 525. Forfeiture</DELETED>
<DELETED> ``(a) Criminal Forfeiture.--A person who is convicted of a
violation of this chapter shall forfeit to the United States--
</DELETED>
<DELETED> ``(1) any property used, or intended to be used,
in any manner or part, to commit, or to facilitate the
commission of, the violation; and</DELETED>
<DELETED> ``(2) any property constituting, or derived from,
any proceeds obtained, directly or indirectly, as a result of
the violation.</DELETED>
<DELETED> ``(b) Procedures Applicable.--Pursuant to section 2461(c)
of title 28, the provisions of section 413 of the Controlled Substances
Act (21 U.S.C. 853), except subsections (a) and (d) of that section,
shall apply to the criminal forfeiture of property under this
section.''.</DELETED>
<DELETED> (b) Amendment Relating to Priority of Forfeiture Over
Orders for Restitution.--Section 3663(c)(4) of title 18, United States
Code, is amended by striking ``chapter 46 or'' and inserting ``chapter
26, chapter 46, or''.</DELETED>
<DELETED> (c) Money Laundering.--Section 1956(c)(7)(D) of title 18,
United States Code, is amended by inserting ``, section 522 (relating
to criminal street gang prosecutions), 523 (relating to recruitment of
persons to participate in a criminal street gang), and 524 (relating to
violent crimes in furtherance of criminal street gangs)'' before ``,
section 541''.</DELETED>
<DELETED>TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG
VIOLENCE</DELETED>
<DELETED>SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING
ACTIVITY.</DELETED>
<DELETED> Section 1959(a) of title 18, United States Code, is
amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1)--
</DELETED>
<DELETED> (A) by inserting ``or in furtherance or in
aid of an enterprise engaged in racketeering
activity,'' before ``murders,''; and</DELETED>
<DELETED> (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,'';</DELETED>
<DELETED> (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,'';</DELETED>
<DELETED> (3) in paragraph (2), by striking ``maiming'' and
inserting ``assault resulting in serious bodily
injury'';</DELETED>
<DELETED> (4) in paragraph (3), by striking ``or assault
resulting in serious bodily injury'';</DELETED>
<DELETED> (5) in paragraph (4)--</DELETED>
<DELETED> (A) by striking ``five years'' and
inserting ``10 years''; and</DELETED>
<DELETED> (B) by adding ``and'' at the end;
and</DELETED>
<DELETED> (6) by striking paragraphs (5) and (6) and
inserting the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 202. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND
IN RELATION TO A DRUG TRAFFICKING CRIME.</DELETED>
<DELETED> (a) In General.--Part D of the Controlled Substances Act
(21 U.S.C. 841 et seq.) is amended by adding at the end the
following:</DELETED>
<DELETED>``SEC. 424. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING
AND IN RELATION TO A DRUG TRAFFICKING CRIME.</DELETED>
<DELETED> ``(a) In General.--Whoever, during and in relation to any
drug trafficking crime, knowingly commits any felony crime of violence
against any individual, for which imprisonment for a period longer than
1 year may be imposed, or threatens, attempts or conspires to do so,
shall be punished by a fine under title 18, United States Code, and, in
addition and consecutive to the punishment provided for the drug
trafficking crime--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(2) for a serious violent felony (as defined in
section 3559 of title 18, United States Code) other than one
described in paragraph (1) by imprisonment for not more than 30
years;</DELETED>
<DELETED> ``(3) for a crime of violence that is not a
serious violent felony, by imprisonment for not more than 20
years; and</DELETED>
<DELETED> ``(4) in any other case by imprisonment for not
more than 10 years.</DELETED>
<DELETED> ``(b) Venue.--A prosecution for a violation of this
section may be brought in--</DELETED>
<DELETED> ``(1) the judicial district in which the murder or
other crime of violence occurred; or</DELETED>
<DELETED> ``(2) any judicial district in which the drug
trafficking crime may be prosecuted.</DELETED>
<DELETED> ``(c) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `crime of violence' has the meaning
given that term in section 16 of title 18, United States Code;
and</DELETED>
<DELETED> ``(2) the term `drug trafficking crime' has the
meaning given that term in section 924(c)(2) of title 18,
United States Code.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of contents for the
Controlled Substances Act is amended by inserting after the item
relating to section 423, the following:</DELETED>
<DELETED>``Sec. 424. Murder and other violent crimes committed during
and in relation to a drug trafficking
crime.''.
<DELETED>SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE
OF PERSONS CHARGED WITH FIREARMS OFFENSES.</DELETED>
<DELETED> Section 3142(e) of title 18, United States Code, is
amended in the matter following paragraph (3), by inserting after
``that the person committed'' the following: ``an offense under
subsection (g)(1) (where the underlying conviction is a drug
trafficking crime or crime of violence (as those terms are defined in
section 924(c))), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), or (g)(9) of
section 922,''.</DELETED>
<DELETED>SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.</DELETED>
<DELETED> (a) In General.--Chapter 213 of title 18, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 3299A. Violent crime offenses</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``3299A. Violent crime offenses.''.
<DELETED>SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY
WRONGDOING.</DELETED>
<DELETED> The Committee on Rules, Practice, Procedure, and Evidence
of 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.</DELETED>
<DELETED>SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS
FELONS.</DELETED>
<DELETED> (a) In General.--Section 924(e) of title 18, United States
Code, is amended by striking paragraph (1) and inserting the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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; and</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED> (b) Amendment to Sentencing Guidelines.--Pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall amend the Federal Sentencing
Guidelines to provide for an appropriate increase in the offense level
for violations of section 922(g) of title 18, United States Code, in
accordance with section 924(e) of that title 18, as amended by
subsection (a).</DELETED>
<DELETED>SEC. 207. CONFORMING AMENDMENT.</DELETED>
<DELETED> The matter preceding paragraph (1) in section 922(d) of
title 18, United States Code, is amended by inserting ``, transfer,''
after ``sell''.</DELETED>
<DELETED>SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME.</DELETED>
<DELETED> (a) Carjacking.--Section 2119 of title 18, United States
Code, is amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1)--
</DELETED>
<DELETED> (A) by striking ``, with the intent to
cause death or serious bodily harm'';</DELETED>
<DELETED> (B) by inserting ``in the physical
presence of, and causing a reasonable apprehension of
fear in, another individual'' after ``by force and
violence''; and</DELETED>
<DELETED> (C) by inserting ``or conspires'' after
``attempts'';</DELETED>
<DELETED> (2) in paragraph (1), by striking ``15 years'' and
inserting ``20 years''; and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (b) Clarification and Strengthening of Prohibition on
Illegal Gun Transfers to Commit Drug Trafficking Crime or Crime of
Violence.--Section 924(h) of title 18, United States Code, is amended
to read as follows:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) Amendment of Special Sentencing Provision Relating to
Limitations on Criminal Association.--Section 3582(d) of title 18,
United States Code, is amended--</DELETED>
<DELETED> (1) by inserting ``chapter 26 of this title
(criminal street gang prosecutions) or in'' after ``felony set
forth in''; and</DELETED>
<DELETED> (2) by inserting ``a criminal street gang or''
before ``an illegal enterprise''.</DELETED>
<DELETED> (d) Conspiracy Penalty.--Section 371 of title 18, United
States Code, is amended by striking ``five years, or both.'' and
inserting ``20 years (unless the maximum penalty for the crime that
served as the object of the conspiracy has a maximum penalty of
imprisonment of less than 20 years, in which case the maximum penalty
under this section shall be the penalty for such crime), or both. This
paragraph does not supersede any other penalty specifically set forth
for a conspiracy offense.''.</DELETED>
<DELETED>SEC. 209. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY
ILLEGAL ALIENS.</DELETED>
<DELETED> (a) Offenses.--Title 18 of the United States Code, is
amended by inserting after chapter 51 the following new
chapter:</DELETED>
<DELETED>``CHAPTER 52--ILLEGAL ALIENS</DELETED>
<DELETED>``Sec.
<DELETED>``1131. Enhanced penalties for certain crimes committed by
illegal aliens.
<DELETED>``Sec. 1131. Enhanced penalties for certain crimes committed
by illegal aliens</DELETED>
<DELETED> ``(a) In General.--Whoever, being an alien who is present
in the United States in violation of section 275 or 276 of the
Immigration and Nationality Act (8 U.S.C. 1325 and 1326), knowingly
commits, conspires, or attempts to commit a felony crime of violence
for which imprisonment for a period of more than 1 year may be imposed,
or a drug trafficking crime (as defined in section 924(c)), shall be
fined under this title, imprisoned not more than 20 years, or
both.</DELETED>
<DELETED> ``(b) Previously Ordered Removed.--If the defendant in a
prosecution under subsection (a) was previously ordered removed under
the Immigration and Nationality Act on the grounds of having committed
a crime, the defendant shall be fined under this title, imprisoned not
more than 30 years, or both.</DELETED>
<DELETED> ``(c) Running of Sentence.--A term of imprisonment imposed
for an offense pursuant to this section may not run concurrently with
any other sentence of imprisonment imposed for another
offense.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of chapters at the
beginning of part I of title 18, United States Code, is amended by
inserting after the item relating to chapter 51 the following new
item:</DELETED>
<DELETED>``52. Illegal aliens............................... 1131''.
<DELETED>SEC. 210. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL
PENALTIES.</DELETED>
<DELETED> The Attorney General is authorized to conduct media
campaigns in any area designated as a high intensity interstate gang
activity area under section 301 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 Act, 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.</DELETED>
<DELETED>SEC. 211. STATUTE OF LIMITATIONS FOR TERRORISM
OFFENSES.</DELETED>
<DELETED> Section 3286(a) of title 18, United States Code, is
amended--</DELETED>
<DELETED> (1) in the subsection heading, by striking
``Eight-Year'' and inserting ``Ten-Year''; and</DELETED>
<DELETED> (2) in the first sentence, by striking ``8 years''
and inserting ``10 years''.</DELETED>
<DELETED>SEC. 212. CRIMES COMMITTED IN INDIAN COUNTRY OR EXCLUSIVE
FEDERAL JURISDICTION AS RACKETEERING
PREDICATES.</DELETED>
<DELETED> Section 1961(1)(A) of title 18, United States Code, is
amended by inserting ``, or would have been so chargeable if the act or
threat (other than gambling) had not been committed in Indian country
(as defined in section 1151) or in any other area of exclusive Federal
jurisdiction,'' after ``chargeable under State law''.</DELETED>
<DELETED>SEC. 213. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION
OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.</DELETED>
<DELETED> Section 2516(1) of title 18, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``or'' and the end of paragraph
(r);</DELETED>
<DELETED> (2) by redesignating paragraph (s) as paragraph
(u); and</DELETED>
<DELETED> (3) by inserting after paragraph (r) the
following:</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(t) any violation of section 522, 523, or 524
(relating to criminal street gangs); or''.</DELETED>
<DELETED>SEC. 214. CLARIFICATION OF HOBBS ACT.</DELETED>
<DELETED> Section 1951(b) of title 18, United States Code, is
amended--</DELETED>
<DELETED> (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,''; and</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED>TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT
AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER
PURPOSES</DELETED>
<DELETED>SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH INTENSITY
INTERSTATE GANG ACTIVITY AREAS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) High intensity interstate gang activity
area.--The term ``high intensity interstate gang activity
area'' or ``HIIGAA'' means an area within a State or Indian
country that is designated as a high intensity interstate gang
activity area under subsection (b)(1).</DELETED>
<DELETED> (3) Indian country.--The term ``Indian country''
has the meaning given the term in section 1151 of title 18,
United States Code.</DELETED>
<DELETED> (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 (25 U.S.C.
450b(e)).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Tribal leader.--The term ``tribal leader''
means the chief executive officer representing the governing
body of an Indian tribe.</DELETED>
<DELETED> (b) High Intensity Interstate Gang Activity Areas.--
</DELETED>
<DELETED> (1) Designation.--The Attorney General, after
consultation with the Governors of appropriate States, may
designate as high intensity interstate gang activity areas,
specific areas that are located within 1 or more
States.</DELETED>
<DELETED> (2) Assistance.--In order to provide Federal
assistance to high intensity interstate gang activity areas,
the Attorney General shall--</DELETED>
<DELETED> (A) establish local collaborative working
groups, which shall include--</DELETED>
<DELETED> (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 interstate gang activity
area;</DELETED>
<DELETED> (ii) school, community, and faith
leaders in the area; and</DELETED>
<DELETED> (iii) service providers in the
community, including those experienced at
reaching youth who have been involved in
violence and violent gangs or groups, 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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) provide all necessary funding for the
operation of each local collaborative working group in
each high intensity interstate gang activity area;
and</DELETED>
<DELETED> (D) provide all necessary funding for
national and regional meetings of local collaborative
working groups, criminal street gang enforcement teams,
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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the Federal Bureau of
Investigation;</DELETED>
<DELETED> (B) the Drug Enforcement
Administration;</DELETED>
<DELETED> (C) the Bureau of Alcohol, Tobacco,
Firearms, and Explosives;</DELETED>
<DELETED> (D) the United States Marshals
Service;</DELETED>
<DELETED> (E) the Department of Homeland
Security;</DELETED>
<DELETED> (F) the Department of Housing and Urban
Development;</DELETED>
<DELETED> (G) State, local, and, where appropriate,
tribal law enforcement;</DELETED>
<DELETED> (H) Federal, State, and local prosecutors;
and</DELETED>
<DELETED> (I) the Bureau of Indian Affairs, Office
of Law Enforcement Services, where
appropriate.</DELETED>
<DELETED> (4) Criteria for designation.--In considering an
area for designation as a high intensity interstate gang
activity area under this section, the Attorney General shall
consider--</DELETED>
<DELETED> (A) the current and predicted levels of
gang crime activity in the area;</DELETED>
<DELETED> (B) the extent to which violent crime in
the area appears to be related to criminal street gang
activity, such as drug trafficking, murder, robbery,
assaults, carjacking, arson, kidnapping, extortion, and
other criminal activity;</DELETED>
<DELETED> (C) the extent to which State, local, and,
where appropriate, tribal law enforcement agencies have
committed resources to--</DELETED>
<DELETED> (i) respond to the gang crime
problem; and</DELETED>
<DELETED> (ii) participate in a gang
enforcement team;</DELETED>
<DELETED> (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; and</DELETED>
<DELETED> (E) any other criteria that the Attorney
General considers to be appropriate.</DELETED>
<DELETED> (5) Relation to hidtas.--If the Attorney General
establishes a high intensity interstate 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 interstate
gang activity area to enter into an agreement with the
Executive Board for that HIDTA, providing that--</DELETED>
<DELETED> (A) the Executive Board of that HIDTA
shall establish a separate high intensity interstate
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 interstate gang
activity area) the members of that committee, subject
to the concurrence of the Attorney General;</DELETED>
<DELETED> (B) the high intensity interstate 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;</DELETED>
<DELETED> (C) the high intensity interstate 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
interstate gang activity area, the members of the
Criminal Street Gang Enforcement Team; and</DELETED>
<DELETED> (D) the Criminal Street Gang Enforcement
Team of that high intensity interstate gang activity
area, and its law enforcement steering committee, may,
with approval of the Executive Board of the HIDTA with
which it overlaps, utilize the intelligence-sharing,
administrative, and other resources of that
HIDTA.</DELETED>
<DELETED> (c) Reporting Requirements.--Not later than February 1 of
each year, the Attorney General shall provide a report to Congress
which describes, for each designated high intensity interstate gang
activity area--</DELETED>
<DELETED> (1) the specific long-term and short-term goals
and objectives;</DELETED>
<DELETED> (2) the measurements used to evaluate the
performance of the high intensity interstate gang activity area
in achieving the long-term and short-term goals;</DELETED>
<DELETED> (3) the age, composition, and membership of
gangs;</DELETED>
<DELETED> (4) the number and nature of crimes committed by
gangs; and</DELETED>
<DELETED> (5) the definition of the term gang used to
compile this report.</DELETED>
<DELETED> (d) National Gang Activity Database.--</DELETED>
<DELETED> (1) In general.--From amounts made available to
carry out this section, the Attorney General shall establish a
National Gang Activity Database to be housed at and
administered by the Federal Bureau of Investigation.</DELETED>
<DELETED> (2) Description.--The database required by
paragraph (1) shall--</DELETED>
<DELETED> (A) be designed to disseminate gang
information to law enforcement agencies throughout the
country;</DELETED>
<DELETED> (B) contain critical information on gangs,
gang members, firearms, criminal activities, vehicles,
and other information useful for investigators in
solving gang-related crimes; and</DELETED>
<DELETED> (C) operate in a manner that enables law
enforcement agencies to--</DELETED>
<DELETED> (i) identify gang members involved
in crimes;</DELETED>
<DELETED> (ii) track the movement of gangs
and members throughout the region;</DELETED>
<DELETED> (iii) coordinate law enforcement
response to gang violence;</DELETED>
<DELETED> (iv) enhance officer
safety;</DELETED>
<DELETED> (v) provide realistic, up to date
figures and statistical data on gang crime and
violence;</DELETED>
<DELETED> (vi) forecast trends and respond
accordingly; and</DELETED>
<DELETED> (vii) more easily solve crimes and
prevent violence.</DELETED>
<DELETED> (e) Additional Assistant United States Attorneys.--The
Attorney General is authorized to hire 94 additional Assistant United
States attorneys to carry out the provisions of this section. Each
attorney hired under this subsection shall be assigned to a high
intensity interstate gang activity area.</DELETED>
<DELETED> (f) National Gang Research, Evaluation, and Policy
Institute.--</DELETED>
<DELETED> (1) In general.--The Bureau of Justice Assistance
of the Department of Justice, after consulting with relevant
with law enforcement officials, practitioners and researchers,
shall establish a National Gang Research, Evaluation, and
Policy Institute (in this subsection referred to as the
``Institute'').</DELETED>
<DELETED> (2) Activities.--The Institute shall promote and
facilitate the implementation of effective gang violence
prevention models, including the Operation Ceasefire gang
violence prevention strategy and other effective strategies to
prevent gang violence. The Institute shall assist jurisdictions
in designing and implementing effective local strategies, and
shall provide technical assistance and conduct research in
support of its mission.</DELETED>
<DELETED> (3) National conference.--Not later than 90 days
after the date of its formation, the Institute shall design and
conduct a national conference to prevent gang violence, and to
teach and promote gang violence prevention strategies. The
conference shall be attended by appropriate representatives
from criminal street enforcement teams, and local collaborative
working groups, including community, religious, and social
service organizations.</DELETED>
<DELETED> (4) National demonstration sites.--Not later than
120 days after the date of its formation, the Institute shall
select appropriate HIIGAA areas to serve as primary national
demonstration sites, based on the nature, concentration and
distribution of various gang types, and the range of particular
gang-related issues. The Institute shall thereafter establish
such other, secondary sites, to be linked to and receive
technical assistance through the primary sites, as it may deem
appropriate.</DELETED>
<DELETED> (5) Dissemination of information.--Not later than
180 days after the date of its formation, the Institute shall
develop and begin dissemination of information, 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.</DELETED>
<DELETED> (6) Support.--The Institute shall obtain initial
and continuing support from experienced researchers and
practitioners, as it deems necessary, to assist in implementing
its strategies nationally, regionally, and locally.</DELETED>
<DELETED> (7) Research agenda.--The Institute shall
establish and implement a core research agenda designed to
address areas of particular challenge, including--</DELETED>
<DELETED> (A) how best to apply Operation Ceasefire
or other successful models to particularly large
jurisdictions;</DELETED>
<DELETED> (B) how to foster and maximize the
continuing impact of community moral voices in this
context;</DELETED>
<DELETED> (C) how to ensure the long-term
sustainability of reduced violent crime levels once
initial levels of enthusiasm may subside; and</DELETED>
<DELETED> (D) how to apply existing intervention
frameworks to emerging regional or national gang
problems, such as the emergence of the gang known as
MS-13.</DELETED>
<DELETED> (8) Evaluation.--The National Institute of Justice
shall evaluate, on a continuing basis, gang violence prevention
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.</DELETED>
<DELETED> (9) 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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) 50 percent shall be used for the operation of
criminal street gang enforcement teams; and</DELETED>
<DELETED> (2) 50 percent shall be used--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) service providers in the
community, including schools and school
districts; and</DELETED>
<DELETED> (ii) faith leaders and other
individuals experienced at reaching youth who
have been involved in violence and violent
gangs or groups;</DELETED>
<DELETED> (B) for the establishment and operation of
the National Gang Research, Evaluation, and Policy
Institute; and</DELETED>
<DELETED> (C) to support and provide technical
assistance to research in criminal justice, social
services, and community gang violence prevention
collaborations.</DELETED>
<DELETED> (h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $100,000,000 for each of
fiscal years 2008 through 2012. Any funds made available under this
subsection shall remain available until expended.</DELETED>
<DELETED>SEC. 302. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE
TO IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT
GANGS.</DELETED>
<DELETED> (a) In General.--While maintaining the focus of Project
Safe Neighborhoods as a comprehensive, strategic approach to reducing
gun violence in America, the Attorney General is authorized to expand
the Project Safe Neighborhoods program to require each United States
attorney to--</DELETED>
<DELETED> (1) identify, investigate, and prosecute
significant criminal street gangs operating within their
district; and</DELETED>
<DELETED> (2) coordinate the identification, investigation,
and prosecution of criminal street gangs among Federal, State,
and local law enforcement agencies.</DELETED>
<DELETED> (b) Additional Staff for Project Safe Neighborhoods.--
</DELETED>
<DELETED> (1) In general.--The Attorney General may hire
Assistant United States attorneys, non-attorney coordinators,
or paralegals to carry out the provisions of this
section.</DELETED>
<DELETED> (2) Enforcement.--The Attorney General may hire
Bureau of Alcohol, Tobacco, Firearms, and Explosives agents
for, and otherwise expend additional resources in support of,
the Project Safe Neighborhoods/Firearms Violence Reduction
program.</DELETED>
<DELETED> (3) Authorization of appropriations.--There are
authorized to be appropriated $20,000,000 for each of fiscal
years 2008 through 2012 to carry out this section. Any funds
made available under this paragraph shall remain available
until expended.</DELETED>
<DELETED>SEC. 303. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF
INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT
CRIMINAL STREET GANGS.</DELETED>
<DELETED> (a) Responsibilities of Attorney General.--The Attorney
General is authorized to require the Federal Bureau of Investigation
to--</DELETED>
<DELETED> (1) increase funding for the Safe Streets Program;
and</DELETED>
<DELETED> (2) support criminal street gang enforcement
teams.</DELETED>
<DELETED> (b) Authorization of Appropriations.--</DELETED>
<DELETED> (1) In general.--In addition to amounts otherwise
authorized, there are authorized to be appropriated to the
Attorney General $10,000,000 for each of fiscal years 2008
through 2012 to carry out the Safe Streets Program.</DELETED>
<DELETED> (2) Availability.--Any amounts appropriated under
paragraph (1) shall remain available until expended.</DELETED>
<DELETED>SEC. 304. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT TO COMBAT
VIOLENT CRIME.</DELETED>
<DELETED> (a) In General.--Section 31702 of the Violent Crime
Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
</DELETED>
<DELETED> (1) in paragraph (3), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (4), by striking the period at
the end and inserting a semicolon; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(5) to hire additional prosecutors to--
</DELETED>
<DELETED> ``(A) allow more cases to be prosecuted;
and</DELETED>
<DELETED> ``(B) reduce backlogs; and</DELETED>
<DELETED> ``(6) to fund technology, equipment, and training
for prosecutors and law enforcement in order to increase
accurate identification of gang members and violent offenders,
and to maintain databases with such information to facilitate
coordination among law enforcement and
prosecutors.''.</DELETED>
<DELETED> (b) Authorization of Appropriations.--Section 31707 of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867)
is amended to read as follows:</DELETED>
<DELETED>``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> ``There are authorized to be appropriated $20,000,000 for
each of the fiscal years 2008 through 2012 to carry out this
subtitle.''.</DELETED>
<DELETED>SEC. 305. SHORT-TERM STATE WITNESS PROTECTION
SECTION.</DELETED>
<DELETED> (a) Establishment.--</DELETED>
<DELETED> (1) In general.--Chapter 37 of title 28, United
States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``Sec. 570. Short-Term State Witness Protection
Section</DELETED>
<DELETED> ``(a) In General.--There is established in the United
States Marshals Service a Short-Term State Witness Protection Section
which shall provide protection for witnesses in State and local trials
involving homicide or other major violent crimes pursuant to
cooperative agreements with State and local criminal prosecutor's
offices and the United States attorney for the District of
Columbia.</DELETED>
<DELETED> ``(b) Eligibility.--The Short-Term State Witness
Protection Section shall give priority in awarding grants and providing
services to criminal prosecutor's offices in States with an average of
not less than 100 murders per year during the 5-year period immediately
preceding an application for protection, as calculated using the latest
available crime statistics from the Federal Bureau of
Investigation.''.</DELETED>
<DELETED> (2) Chapter analysis.--The chapter analysis for
chapter 37 of title 28, United States Code, is amended by
striking the items relating to sections 570 through 576 and
inserting the following:</DELETED>
<DELETED>``570. Short-Term State Witness Protection Section.''.
<DELETED> (b) Grant Program.--</DELETED>
<DELETED> (1) Definitions.--In this subsection--</DELETED>
<DELETED> (A) the term ``eligible prosecutor's
office'' means a State or local criminal prosecutor's
office or the United States attorney for the District
of Columbia that is located in a State with an average
of not less than 100 murders per year during the most
recent 5-year period, as calculated using the latest
available crime statistics from the Federal Bureau of
Investigation; and</DELETED>
<DELETED> (B) the term ``serious violent felony''
has the same meaning as in section 3559(c)(2) of title
18, United States Code.</DELETED>
<DELETED> (2) Grants authorized.--</DELETED>
<DELETED> (A) In general.--The Attorney General is
authorized to make grants to eligible prosecutor's
offices for the purpose of providing short term
protection to witnesses in trials involving homicide or
serious violent felony.</DELETED>
<DELETED> (B) Allocation.--Each eligible
prosecutor's office receiving a grant under this
subsection may either--</DELETED>
<DELETED> (i) use the grant to provide
witness protection; or</DELETED>
<DELETED> (ii) pursuant to a cooperative
agreement with the Short-Term State Witness
Protection Section of the United States
Marshals Service, credit the grant to the
Short-Term State Witness Protection Section to
cover the costs to the section of providing
witness protection on behalf of the eligible
prosecutor's office.</DELETED>
<DELETED> (3) Application.--</DELETED>
<DELETED> (A) In general.--Each eligible
prosecutor's office desiring a grant under this
subsection shall submit an application to the Attorney
General at such time, in such manner, and accompanied
by such information as the Attorney General may
reasonably require.</DELETED>
<DELETED> (B) Contents.--Each application submitted
under subparagraph (A) shall--</DELETED>
<DELETED> (i) describe the activities for
which assistance under this subsection is
sought; and</DELETED>
<DELETED> (ii) provide such additional
assurances as the Attorney General determines
to be essential to ensure compliance with the
requirements of this subsection.</DELETED>
<DELETED> (4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$90,000,000 for each of fiscal years 2008 through
2010.</DELETED>
<DELETED>SEC. 306. WITNESS PROTECTION SERVICES.</DELETED>
<DELETED> Section 3526 of title 18, United States Code (Cooperation
of other Federal agencies and State governments; reimbursement of
expenses) is amended by adding at the end the following:</DELETED>
<DELETED> ``(c) In any case in which a State government requests the
Attorney General to provide temporary protection under section 3521(e)
of this title, the costs of providing temporary protection are not
reimbursable if the investigation or prosecution in any way relates to
crimes of violence committed by a gang, as defined under the laws of
the relevant State seeking assistance under this title.''.</DELETED>
<DELETED>SEC. 307. EXPANSION OF FEDERAL WITNESS RELOCATION AND
PROTECTION PROGRAM.</DELETED>
<DELETED> Section 3521(a)(1) of title 18 is amended by inserting ``,
criminal street gang, serious drug offense, homicide,'' after
``organized criminal activity''.</DELETED>
<DELETED>SEC. 308. FAMILY ABDUCTION PREVENTION GRANT PROGRAM.</DELETED>
<DELETED> (a) State Grants.--The Attorney General is authorized to
make grants to States for projects involving--</DELETED>
<DELETED> (1) the extradition of individuals suspected of
committing a family abduction;</DELETED>
<DELETED> (2) the investigation by State and local law
enforcement agencies of family abduction cases;</DELETED>
<DELETED> (3) the training of State and local law
enforcement agencies in responding to family abductions and
recovering abducted children, including the development of
written guidelines and technical assistance;</DELETED>
<DELETED> (4) outreach and media campaigns to educate
parents on the dangers of family abductions; and</DELETED>
<DELETED> (5) the flagging of school records.</DELETED>
<DELETED> (b) Matching Requirement.--Not less than 50 percent of the
cost of a project for which a grant is made under this section shall be
provided by non-Federal sources.</DELETED>
<DELETED> (c) Definitions.--In this section:</DELETED>
<DELETED> (1) Family abduction.---The term ``family
abduction'' means the taking, keeping, or concealing of a child
or children by a parent, other family member, or person acting
on behalf of the parent or family member, that prevents another
individual from exercising lawful custody or visitation
rights.</DELETED>
<DELETED> (2) Flagging.--The term ``flagging'' means the
process of notifying law enforcement authorities of the name
and address of any person requesting the school records of an
abducted child.</DELETED>
<DELETED> (3) State.--The term ``State'' means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, any territory or
possession of the United States, and any Indian
tribe.</DELETED>
<DELETED> (d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $500,000 for fiscal year
2008 and such sums as may be necessary for each of fiscal years 2009
and 2010.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gang Abatement and Prevention Act of
2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL,
INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT INTERSTATE AND
FOREIGN COMMERCE
Sec. 101. Revision and extension of penalties related to criminal
street gang activity.
TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE
Sec. 201. Violent crimes in aid of racketeering activity.
Sec. 202. Murder and other violent crimes committed during and in
relation to a drug trafficking crime.
Sec. 203. Expansion of rebuttable presumption against release of
persons charged with firearms offenses.
Sec. 204. Statute of limitations for violent crime.
Sec. 205. Study of hearsay exception for forfeiture by wrongdoing.
Sec. 206. Possession of firearms by dangerous felons.
Sec. 207. Conforming amendment.
Sec. 208. Amendments relating to violent crime.
Sec. 209. Publicity campaign about new criminal penalties.
Sec. 210. Statute of limitations for terrorism offenses.
Sec. 211. Crimes committed in Indian country or exclusive Federal
jurisdiction as racketeering predicates.
Sec. 212. Predicate crimes for authorization of interception of wire,
oral, and electronic communications.
Sec. 213. Clarification of Hobbs Act.
Sec. 214. Interstate tampering with or retaliation against a witness,
victim, or informant in a State criminal
proceeding.
Sec. 215. Prohibition on firearms possession based on valid gang
injunction and conviction for gang-related
misdemeanor.
Sec. 216. Amendment of sentencing guidelines.
TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY
AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES
Sec. 301. Designation of and assistance for high intensity gang
activity areas.
Sec. 302. Gang prevention grants.
Sec. 303. Enhancement of Project Safe Neighborhoods initiative to
improve enforcement of criminal laws
against violent gangs.
Sec. 304. Additional resources needed by the Federal Bureau of
Investigation to investigate and prosecute
violent criminal street gangs.
Sec. 305. Grants to prosecutors and law enforcement to combat violent
crime.
Sec. 306. Expansion and reauthorization of the mentoring initiative for
system involved youth.
Sec. 307. Demonstration grants to encourage creative approaches to gang
activity and after-school programs.
Sec. 308. Short-Term State Witness Protection Section.
Sec. 309. Witness protection services.
Sec. 310. Expansion of Federal witness relocation and protection
program.
Sec. 311. Family abduction prevention grant program.
Sec. 312. Study on adolescent development and sentences in the Federal
system.
Sec. 313. National youth anti-heroin media campaign.
Sec. 314. Training at the national advocacy center.
TITLE IV--CRIME PREVENTION AND INTERVENTION STRATEGIES
Sec. 401. Short title.
Sec. 402. Purposes.
Sec. 403. Definitions.
Sec. 404. National Commission on Public Safety Through Crime
Prevention.
Sec. 405. Innovative crime prevention and intervention strategy grants.
SEC. 3. FINDINGS.
Congress finds that--
(1) violent crime and drug trafficking are pervasive
problems at the national, State, and local level;
(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;
(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;
(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;
(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;
(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;
(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;
(8) gangs often intimidate and threaten witnesses to
prevent successful prosecutions;
(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;
(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;
and
(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.
TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL,
INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT INTERSTATE AND
FOREIGN COMMERCE
SEC. 101. 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:
``CHAPTER 26--CRIMINAL STREET GANGS
``Sec.
``521. Definitions.
``522. Criminal street gang prosecutions.
``523. Recruitment of persons to participate in a criminal street gang.
``524. Violent crimes in furtherance of criminal street gangs.
``525. Forfeiture.
``Sec. 521. Definitions
``In this chapter:
``(1) Criminal street gang.--The term `criminal street
gang' means a formal or informal group, organization, or
association of 5 or more individuals--
``(A) each of whom has committed at least 1 gang
crime; and
``(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)).
``(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:
``(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.
``(B) A crime involving obstruction of justice, or
tampering with or retaliating against a witness,
victim, or informant.
``(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
(21 U.S.C. 802)).
``(D) Any conduct punishable under--
``(i) section 844 (relating to explosive
materials);
``(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);
``(iii) subsection (b), (c), (g), (h), (k),
(l), (m), or (n) of section 924 (relating to
penalties);
``(iv) section 930 (relating to possession
of firearms and dangerous weapons in Federal
facilities);
``(v) section 931 (relating to purchase,
ownership, or possession of body armor by
violent felons);
``(vi) sections 1028 and 1029 (relating to
fraud, identity theft, and related activity in
connection with identification documents or
access devices);
``(vii) section 1084 (relating to
transmission of wagering information);
``(viii) section 1952 (relating to
interstate and foreign travel or transportation
in aid of racketeering enterprises);
``(ix) section 1956 (relating to the
laundering of monetary instruments);
``(x) section 1957 (relating to engaging in
monetary transactions in property derived from
specified unlawful activity); or
``(xi) sections 2312 through 2315 (relating
to interstate transportation of stolen motor
vehicles or stolen property).
``(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 (8
U.S.C. 1324, 1327, and 1328).
``(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).
``(3) Minor.--The term `minor' means an individual who is
less than 18 years of age.
``(4) Serious violent felony.--The term `serious violent
felony' has the meaning given that term in section 3559.
``(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.
``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.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined under this title and--
``(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;
``(2) for any other serious violent felony, by imprisonment
for not more than 30 years;
``(3) for any crime of violence that is not a serious
violent felony, by imprisonment for not more than 20 years; and
``(4) for any other offense, by imprisonment for not more
than 10 years.
``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.
``(b) Penalties.--Whoever violates subsection (a) shall--
``(1) if the person recruited, employed, solicited,
induced, commanded, coerced, or caused to participate or remain
in a criminal street gang is a minor--
``(A) be fined under this title, imprisoned not
more than 10 years, or both; and
``(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;
``(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; and
``(3) in any other case, be fined under this title,
imprisoned not more than 5 years, or both.
``(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.
``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.
``(b) Penalty.--Any person who violates subsection (a) shall be
punished by a fine under this title and--
``(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;
``(2) for a serious violent felony other than one described
in paragraph (1), by imprisonment for not more than 30 years;
and
``(3) in any other case, by imprisonment for not more than
20 years.
``Sec. 525. Forfeiture
``(a) Criminal Forfeiture.--A person who is convicted of a
violation of this chapter shall forfeit to the United States--
``(1) any property used, or intended to be used, in any
manner or part, to commit, or to facilitate the commission of,
the violation; and
``(2) any property constituting, or derived from, any
proceeds obtained, directly or indirectly, as a result of the
violation.
``(b) Procedures Applicable.--Pursuant to section 2461(c) of title
28, the provisions of section 413 of the Controlled Substances Act (21
U.S.C. 853), except subsections (a) and (d) of that section, shall
apply to the criminal forfeiture of property under this section.''.
(b) Amendment Relating to Priority of Forfeiture Over Orders for
Restitution.--Section 3663(c)(4) of title 18, United States Code, is
amended by striking ``chapter 46 or'' and inserting ``chapter 26,
chapter 46, or''.
(c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United
States Code, is amended by inserting ``, section 522 (relating to
criminal street gang prosecutions), 523 (relating to recruitment of
persons to participate in a criminal street gang), and 524 (relating to
violent crimes in furtherance of criminal street gangs)'' before ``,
section 541''.
(d) Amendment of Special Sentencing Provision Prohibiting Prisoner
Communications.--Section 3582(d) of title 18, United States Code, is
amended--
(1) by inserting ``chapter 26 (criminal street gangs),''
before ``chapter 95''; and
(2) by inserting ``a criminal street gang or'' before ``an
illegal enterprise''.
TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE
SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.
Section 1959(a) of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting ``or in furtherance or in aid of
an enterprise engaged in racketeering activity,''
before ``murders,''; and
(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,'';
(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,'';
(3) in paragraph (2), by striking ``maiming'' and inserting
``assault resulting in serious bodily injury'';
(4) in paragraph (3), by striking ``or assault resulting in
serious bodily injury'';
(5) in paragraph (4)--
(A) by striking ``five years'' and inserting ``10
years''; and
(B) by adding ``and'' at the end; and
(6) by striking paragraphs (5) and (6) and inserting the
following:
``(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.''.
SEC. 202. 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 (21 U.S.C.
841 et seq.) is amended by adding at the end the following:
``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--
``(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;
``(2) for a serious violent felony (as defined in section
3559 of title 18, United States Code) other than one described
in paragraph (1) by imprisonment for not more than 30 years;
``(3) for a crime of violence that is not a serious violent
felony, by imprisonment for not more than 20 years; and
``(4) in any other case by imprisonment for not more than
10 years.
``(b) Venue.--A prosecution for a violation of this section may be
brought in--
``(1) the judicial district in which the murder or other
crime of violence occurred; or
``(2) any judicial district in which the drug trafficking
crime may be prosecuted.
``(c) Definitions.--In this section--
``(1) the term `crime of violence' has the meaning given
that term in section 16 of title 18, United States Code; and
``(2) the term `drug trafficking crime' has the meaning
given that term in section 924(c)(2) of title 18, United States
Code.''.
(b) Clerical Amendment.--The table of contents for the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law
91-513; 84 Stat. 1236) is amended by inserting after the item relating
to section 423, the following:
``Sec. 424. Murder and other violent crimes committed during and in
relation to a drug trafficking crime.''.
SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF
PERSONS CHARGED WITH FIREARMS OFFENSES.
Section 3142(e) of title 18, United States Code, is amended in the
matter following paragraph (3), by inserting after ``that the person
committed'' the following: ``an offense under subsection (g)(1) (where
the underlying conviction is a drug trafficking crime or crime of
violence (as those terms are defined in section 924(c))), (g)(2),
(g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), or (g)(11) of section
922,''.
SEC. 204. 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:
``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.''.
(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:
``3299A. Violent crime offenses.''.
SEC. 205. 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.
SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FELONS.
(a) In General.--Section 924(e) of title 18, United States Code, is
amended by striking paragraph (1) and inserting the following:
``(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--
``(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;
``(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;
and
``(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).''.
(b) Amendment to Sentencing Guidelines.--Pursuant to its authority
under section 994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend the Federal Sentencing Guidelines to
provide for an appropriate increase in the offense level for violations
of section 922(g) of title 18, United States Code, in accordance with
section 924(e) of that title 18, as amended by subsection (a).
SEC. 207. CONFORMING AMENDMENT.
The matter preceding paragraph (1) in section 922(d) of title 18,
United States Code, is amended by inserting ``, transfer,'' after
``sell''.
SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME.
(a) Carjacking.--Section 2119 of title 18, United States Code, is
amended--
(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'';
(2) in paragraph (1), by striking ``15 years'' and
inserting ``20 years'';
(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''; and
(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''.
(b) Clarification and Strengthening of Prohibition on Illegal Gun
Transfers To Commit Drug Trafficking Crime or Crime of Violence.--
Section 924(h) of title 18, United States Code, is amended to read as
follows:
``(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.''.
(c) Amendment of Special Sentencing Provision Relating to
Limitations on Criminal Association.--Section 3582(d) of title 18,
United States Code, is amended--
(1) by inserting ``chapter 26 of this title (criminal
street gang prosecutions) or in'' after ``felony set forth
in''; and
(2) by inserting ``a criminal street gang or'' before ``an
illegal enterprise''.
(d) Conspiracy Penalty.--Section 371 of title 18, United States
Code, is amended by striking ``five years, or both.'' and inserting
``10 years (unless the maximum penalty for the crime that served as the
object of the conspiracy has a maximum penalty of imprisonment of less
than 10 years, in which case the maximum penalty under this section
shall be the penalty for such crime), or both. This paragraph does not
supersede any other penalty specifically set forth for a conspiracy
offense.''.
SEC. 209. 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 301 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 Act, 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.
SEC. 210. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES.
Section 3286(a) of title 18, United States Code, is amended--
(1) in the subsection heading, by striking ``Eight-Year''
and inserting ``Ten-Year''; and
(2) in the first sentence, by striking ``8 years'' and
inserting ``10 years''.
SEC. 211. CRIMES COMMITTED IN INDIAN COUNTRY OR EXCLUSIVE FEDERAL
JURISDICTION AS RACKETEERING PREDICATES.
Section 1961(1)(A) of title 18, United States Code, is amended by
inserting ``, or would have been so chargeable if the act or threat
(other than gambling) had not been committed in Indian country (as
defined in section 1151) or in any other area of exclusive Federal
jurisdiction,'' after ``chargeable under State law''.
SEC. 212. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE,
ORAL, AND ELECTRONIC COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) by striking ``or'' and the end of paragraph (r);
(2) by redesignating paragraph (s) as paragraph (u); and
(3) by inserting after paragraph (r) the following:
``(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);
``(t) any violation of section 522, 523, or 524 (relating
to criminal street gangs); or''.
SEC. 213. CLARIFICATION OF HOBBS ACT.
Section 1951(b) of title 18, United States Code, is amended--
(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,''; and
(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,''.
SEC. 214. 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:
``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--
``(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--
``(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; or
``(B) threaten, influence, or prevent from
testifying any actual or prospective witness in a State
criminal proceeding; or
``(2) to attempt or conspire to commit an offense under
subparagraph (A) or (B) of paragraph (1).
``(b) Penalties.--
``(1) Use of force.--Any person who violates subsection
(a)(1)(A) by use of force--
``(A) shall be fined under this title, imprisoned
not more than 20 years, or both; and
``(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.
``(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.
``(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.''.
(b) Conforming Amendment.--Section 1512 is amended, in the section
heading, by adding at the end the following: ``in a Federal
proceeding''.
(c) Chapter Analysis.--The table of sections for chapter 73 of
title 18, United States Code, is amended--
(1) by striking the item relating to section 1512 and
inserting the following:
``1512. Tampering with a witness, victim, or an informant in a Federal
proceeding.'';
and
(2) by inserting after the item relating to section 1513
the following:
``1513A. Interstate tampering with or retaliation against a witness,
victim, or informant in a State criminal
proceeding.''.
SEC. 215. PROHIBITION ON FIREARMS POSSESSION BASED ON VALID GANG
INJUNCTION AND CONVICTION FOR GANG-RELATED MISDEMEANOR.
(a) In General.--Section 922(g) of title 18, United States Code, is
amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the comma at the end and
inserting a semicolon;
(3) by inserting after paragraph (9) the following:
``(10) who has been convicted in any court of a misdemeanor
gang-related offense; or
``(11) who otherwise has, within the last 5 years, been
found by any court to be in contempt of a gang injunction
order, so long as the finding of contempt was issued after a
hearing of which such person received actual notice, and at
which such person had an opportunity to participate and
challenge the sufficiency of process and the constitutional
validity of the underlying gang injunction order,''.
(b) Definition.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following:
``(36)(A) The term `misdemeanor gang-related offense' means
an offense that--
``(i) is a misdemeanor under Federal, State, or
Tribal law; and
``(ii) has, as an element, the membership of the
defendant in a criminal street gang, illegal
association with a criminal street gang, or
participation in a criminal street gang activity.
``(B)(i) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless--
``(I) the person was represented by counsel in the
case, or knowingly and intelligently waived the right
to counsel in the case; and
``(II) in the case of a prosecution for an offense
described in this paragraph for which a person was
entitled to a jury trial in the jurisdiction in which
the case was tried--
``(aa) the case was tried by a jury; or
``(bb) the person knowingly and
intelligently waived the right to have the case
tried by a jury, by guilty plea or otherwise.
``(ii) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter if
the conviction has been expunged or set aside, or is an offense
for which the person has been pardoned or has had civil rights
restored (if the law of the applicable jurisdiction provides
for the loss of civil rights under such an offense) unless the
pardon, expungement, or restoration of civil rights expressly
provides that the person may not ship, transport, possess, or
receive firearms.
``(37) The term `gang injunction order' means a court order
that--
``(A) names the defendant as a member of a criminal
street gang; and
``(B) restrains the defendant from associating with
other gang members.''.
SEC. 216. AMENDMENT OF SENTENCING GUIDELINES.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and, if appropriate,
amend its guidelines and policy statements to conform with this title
and the amendments made by this title.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) establish new guidelines and policy statements, as
warranted, in order to implement new or revised criminal
offenses under this title and the amendments made by this
title;
(2) consider the extent to which the guidelines and policy
statements adequately address--
(A) whether the guidelines offense levels and
enhancements--
(i) are sufficient to deter and punish such
offenses; and
(ii) are adequate in view of the statutory
increases in penalties contained in this title
and the amendments made by this title; and
(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 title and the amendments
made by this title;
(3) ensure that specific offense characteristics are added
to increase the guideline range--
(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 (8 U.S.C. 1325 and
1326) at the time the offense was committed; and
(B) by at least 4 offense levels, if such defendant
had also previously been ordered removed or deported
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.) on the grounds of having committed a
crime;
(4) determine under what circumstances a sentence of
imprisonment imposed under this title or the amendments made by
this title 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 (21 U.S.C.
841 et seq.), as added by this Act, shall run consecutively, to
an extent that the Sentencing Commission determines
appropriate, to the sentence imposed for the underlying drug
trafficking offense;
(5) account for any aggravating or mitigating circumstances
that might justify exceptions to the generally applicable
sentencing ranges;
(6) ensure reasonable consistency with other relevant
directives, other sentencing guidelines, and statutes;
(7) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(8) ensure that the guidelines adequately meet the purposes
of sentencing set forth in section 3553(a)(2) of title 18,
United States Code.
TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY
AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES
SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH INTENSITY GANG
ACTIVITY AREAS.
(a) Definitions.--In this section:
(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.
(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).
(3) Indian country.--The term ``Indian country'' has the
meaning given the term in section 1151 of title 18, United
States Code.
(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 (25 U.S.C. 450b(e)).
(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.
(6) Tribal leader.--The term ``tribal leader'' means the
chief executive officer representing the governing body of an
Indian tribe.
(b) High Intensity Gang Activity Areas.--
(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.
(2) Assistance.--In order to provide Federal assistance to
high intensity gang activity areas, the Attorney General
shall--
(A) establish local collaborative working groups,
which shall include--
(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;
(ii) educational, community, and faith
leaders in the area;
(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; and
(iv) evaluation teams to research and
collect information, assess data, recommend
adjustments, and generally assure the
accountability and effectiveness of program
implementation;
(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;
(C) direct the reassignment or detailing of
representatives from--
(i) the Department of Justice;
(ii) the Department of Education;
(iii) the Department of Labor;
(iv) the Department of Health and Human
Services;
(v) the Department of Housing and Urban
Development; and
(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;
(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;
(E) provide all necessary funding for the operation
of each local collaborative working group in each high
intensity gang activity area; and
(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.
(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--
(A) the Federal Bureau of Investigation;
(B) the Drug Enforcement Administration;
(C) the Bureau of Alcohol, Tobacco, Firearms, and
Explosives;
(D) the United States Marshals Service;
(E) the Department of Homeland Security;
(F) the Department of Housing and Urban
Development;
(G) State, local, and, where appropriate, tribal
law enforcement;
(H) Federal, State, and local prosecutors; and
(I) the Bureau of Indian Affairs, Office of Law
Enforcement Services, where appropriate.
(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--
(A) the current and predicted levels of gang crime
activity in the area;
(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;
(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--
(i) respond to the gang crime problem; and
(ii) participate in a gang enforcement
team;
(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; and
(E) any other criteria that the Attorney General
considers to be appropriate.
(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--
(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;
(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;
(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); and
(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.
(c) Reporting Requirements.--
(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--
(A) the specific long-term and short-term goals and
objectives;
(B) the measurements used to evaluate the
performance of the high intensity gang activity area in
achieving the long-term and short-term goals;
(C) the age, composition, and membership of gangs;
(D) the number and nature of crimes committed by
gangs and gang members;
(E) the definition of the term ``gang'' used to
compile that report; and
(F) the programmatic outcomes and funding need of
the high intensity gang area, including--
(i) an evidence-based analysis of the best
practices and outcomes from the work of the
relevant local collaborative working group; and
(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.
(2) Appropriate committees.--In this subsection, the term
``appropriate committees of Congress'' means--
(A) the Committee on the Judiciary, the Committee
on Appropriations, and the Committee on Health,
Education, Labor, and Pensions of the Senate; and
(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.
(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.
(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
section 3006A of title 18, United States Code, to adequately respond to
any increased or expanded caseloads that may occur as a result of this
Act or the amendments made by this Act. Funding under this subsection
shall not exceed the funding levels under subsection (d).
(f) National Gang Research, Evaluation, and Policy Institute.--
(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'').
(2) Activities.--The Institute shall--
(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;
(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; and
(C) provide and contract for technical assistance
as needed in support of its mission.
(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.
(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.
(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.
(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.
(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.
(8) Research agenda.--The Institute shall establish and
implement a core research agenda designed to address areas of
particular challenge, including--
(A) how best to apply and continue to test the
models described in paragraph (2) in particularly large
jurisdictions;
(B) how to foster and maximize the continuing
impact of community moral voices in this context;
(C) how to ensure the long-term sustainability of
reduced violent crime levels once initial levels of
enthusiasm may subside; and
(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.
(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.
(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.
(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--
(1) 50 percent shall be used for the operation of criminal
street gang enforcement teams; and
(2) 50 percent shall be used--
(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--
(i) service providers in the community,
including schools and school districts; and
(ii) faith leaders and other individuals
experienced at reaching youth who have been
involved in violence and violent gangs or
groups;
(B) for the establishment and operation of the
National Gang Research, Evaluation, and Policy
Institute; and
(C) to support and provide technical assistance to
research in criminal justice, social services, and
community gang violence prevention collaborations.
(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.
SEC. 302. 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.
(b) Use of Grant Amounts.--A grant under this section may be used
(including through subgrants) for--
(1) preventing initial gang recruitment and involvement
among younger teenagers;
(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;
(3) developing in-school and after-school gang safety,
control, education, and resistance procedures and programs;
(4) identifying and addressing early childhood risk factors
for gang involvement, including parent training and childhood
skills development;
(5) identifying and fostering protective factors that
buffer children and adolescents from gang involvement;
(6) developing and identifying investigative programs
designed to deter gang recruitment, involvement, and activities
through effective intelligence gathering;
(7) developing programs and youth centers for first-time
nonviolent offenders facing alternative penalties, such as
mandated participation in community service, restitution,
counseling, and education and prevention programs;
(8) implementing regional, multidisciplinary approaches to
combat gang violence though coordinated programs for prevention
and intervention (including street outreach programs and other
peacemaking activities) or coordinated law enforcement
activities (including regional gang task forces and regional
crime mapping strategies that enhance focused prosecutions and
reintegration strategies for offender reentry); or
(9) identifying at-risk and high-risk students through home
visits organized through joint collaborations between law
enforcement, faith-based organizations, schools, and social
workers.
(c) Grant Requirements.--
(1) Maximum.--The amount of a grant under this section may
not exceed $1,000,000.
(2) Consultation and cooperation.--Each recipient of a
grant under this section shall have in effect on the date of
the application by that entity agreements to consult and
cooperate with local, State, or Federal law enforcement and
participate, as appropriate, in coordinated efforts to reduce
gang activity and violence.
(d) Annual Report.--Each recipient of a grant under this section
shall submit to the Attorney General, for each year in which funds from
a grant received under this section are expended, a report containing--
(1) a summary of the activities carried out with grant
funds during that year;
(2) an assessment of the effectiveness of the crime
prevention, research, and intervention activities of the
recipient, based on data collected by the grant recipient;
(3) a strategic plan for the year following the year
described in paragraph (1);
(4) evidence of consultation and cooperation with local,
State, or Federal law enforcement or, if the grant recipient is
a government entity, evidence of consultation with an
organization engaged in any activity described in subsection
(b); and
(5) such other information as the Attorney General may
require.
(e) Definition.--In this section, the term ``units of local
government'' includes sheriffs departments, police departments, and
local prosecutor offices.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $35,000,000 for each of the
fiscal years 2008 through 2012.
SEC. 303. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO
IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT
GANGS.
(a) In General.--While maintaining the focus of Project Safe
Neighborhoods as a comprehensive, strategic approach to reducing gun
violence in America, the Attorney General is authorized to expand the
Project Safe Neighborhoods program to require each United States
attorney to--
(1) identify, investigate, and prosecute significant
criminal street gangs operating within their district; and
(2) coordinate the identification, investigation, and
prosecution of criminal street gangs among Federal, State, and
local law enforcement agencies.
(b) Additional Staff for Project Safe Neighborhoods.--
(1) In general.--The Attorney General may hire Assistant
United States attorneys, non-attorney coordinators, or
paralegals to carry out the provisions of this section.
(2) Enforcement.--The Attorney General may hire Bureau of
Alcohol, Tobacco, Firearms, and Explosives agents for, and
otherwise expend additional resources in support of, the
Project Safe Neighborhoods/Firearms Violence Reduction program.
(3) Authorization of appropriations.--There are authorized
to be appropriated $20,000,000 for each of fiscal years 2008
through 2012 to carry out this section. Any funds made
available under this paragraph shall remain available until
expended.
SEC. 304. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF
INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT
CRIMINAL STREET GANGS.
(a) Expansion of Safe Streets Program.--The Attorney General is
authorized to expand the Safe Streets Program of the Federal Bureau of
Investigation for the purpose of supporting criminal street gang
enforcement teams.
(b) National Gang Activity Database.--
(1) In general.--The Attorney General shall establish a
National Gang Activity Database to be housed at and
administered by the Department of Justice.
(2) Description.--The database required by paragraph (1)
shall--
(A) be designed to disseminate gang information to
law enforcement agencies throughout the country and,
subject to appropriate controls, to disseminate
aggregate statistical information to other members of
the criminal justice system, community leaders,
academics, and the public;
(B) contain critical information on gangs, gang
members, firearms, criminal activities, vehicles, and
other information useful for investigators in solving
and reducing gang-related crimes;
(C) operate in a manner that enables law
enforcement agencies to--
(i) identify gang members involved in
crimes;
(ii) track the movement of gangs and
members throughout the region;
(iii) coordinate law enforcement response
to gang violence;
(iv) enhance officer safety;
(v) provide realistic, up-to-date figures
and statistical data on gang crime and
violence;
(vi) forecast trends and respond
accordingly; and
(vii) more easily solve crimes and prevent
violence; and
(D) be subject to guidelines, issued by the
Attorney General, specifying the criteria for adding
information to the database, the appropriate period for
retention of such information, and a process for
removing individuals from the database, and prohibiting
disseminating gang information to any entity that is
not a law enforcement agency, except aggregate
statistical information where appropriate.
(3) Use of riss secure intranet.--From amounts made
available to carry out this section, the Attorney General shall
provide the Regional Information Sharing Systems such sums as
are necessary to use the secure intranet known as RISSNET to
electronically connect existing gang information systems
(including the RISSGang National Gang Database) with the
National Gang Activity Database, thereby facilitating the
automated information exchange of existing gang data by all
connected systems without the need for additional databases or
data replication.
(c) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise
authorized, there are authorized to be appropriated to the
Attorney General $10,000,000 for each of fiscal years 2008
through 2012 to carry out this section.
(2) Availability.--Any amounts appropriated under paragraph
(1) shall remain available until expended.
SEC. 305. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT TO COMBAT VIOLENT
CRIME.
(a) In General.--Section 31702 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) to hire additional prosecutors to--
``(A) allow more cases to be prosecuted; and
``(B) reduce backlogs; and
``(6) to fund technology, equipment, and training for
prosecutors and law enforcement in order to increase accurate
identification of gang members and violent offenders, and to
maintain databases with such information to facilitate
coordination among law enforcement and prosecutors.''.
(b) Authorization of Appropriations.--Section 31707 of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is
amended to read as follows:
``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $20,000,000 for each of
the fiscal years 2008 through 2012 to carry out this subtitle.''.
SEC. 306. EXPANSION AND REAUTHORIZATION OF THE MENTORING INITIATIVE FOR
SYSTEM INVOLVED YOUTH.
(a) Expansion.--Section 261(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5665(a)) is amended by
adding at the end the following: ``The Administrator shall expand the
number of sites receiving such grants from 4 to 12.''.
(b) Authorization of Program.--Section 299(c) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(c)) is
amended--
(1) by striking ``There are authorized'' and inserting the
following:
``(1) In general.--There are authorized''; and
(2) by adding at the end the following:
``(2) Authorization of appropriations for mentoring
initiative.--There are authorized to be appropriated to carry
out the Mentoring Initiative for System Involved Youth Program
under part E $4,800,000 for each of fiscal years 2008 through
2012.''.
SEC. 307. DEMONSTRATION GRANTS TO ENCOURAGE CREATIVE APPROACHES TO GANG
ACTIVITY AND AFTER-SCHOOL PROGRAMS.
(a) In General.--The Attorney General may make grants to public or
nonprofit private entities (including faith-based organizations) for
the purpose of assisting the entities in carrying out projects
involving innovative approaches to combat gang activity.
(b) Certain Approaches.--Approaches under subsection (a) may
include the following:
(1) Encouraging teen-driven approaches to gang activity
prevention.
(2) Educating parents to recognize signs of problems and
potential gang involvement in their children.
(3) Teaching parents the importance of a nurturing family
and home environment to keep children out of gangs.
(4) Facilitating communication between parents and
children, especially programs that have been evaluated and
proven effective.
(c) Matching Funds.--
(1) In general.--The Attorney General may make a grant
under this section only if the entity receiving the grant
agrees to make available (directly or through donations from
public or private entities) non-Federal contributions toward
the cost of activities to be performed with that grant in an
amount that is not less than 25 percent of such costs.
(2) Determination of amount contributed.--Non-Federal
contributions required under paragraph (1) may be in cash or in
kind, fairly evaluated, including facilities, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(d) Evaluation of Projects.--
(1) In general.--The Attorney General shall establish
criteria for the evaluation of projects involving innovative
approaches under subsection (a).
(2) Grantees.--A grant may be made under subsection (a)
only if the entity involved--
(A) agrees to conduct evaluations of the approach
in accordance with the criteria established under
paragraph (1);
(B) agrees to submit to the Attorney General
reports describing the results of the evaluations, as
the Attorney General determines to be appropriate; and
(C) submits to the Attorney General, in the
application under subsection (e), a plan for conducting
the evaluations.
(e) Application for Grant.--A public or nonprofit private entity
desiring a grant under this section shall submit an application in such
form, in such manner, and containing such agreements, assurances, and
information (including the agreements under subsections (c) and (d) and
the plan under subsection (d)(2)(C)) as the Attorney General determines
appropriate.
(f) Report to Congress.--Not later than February 1 of each year,
the Attorney General shall submit to Congress a report describing the
extent to which the approaches under subsection (a) have been
successful in reducing the rate of gang activity in the communities in
which the approaches have been carried out. Each report under this
subsection shall describe the various approaches used under subsection
(a) and the effectiveness of each of the approaches.
(g) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 to carry out this section for each of the
fiscal years 2008 through 2012.
SEC. 308. SHORT-TERM STATE WITNESS PROTECTION SECTION.
(a) Establishment.--
(1) In general.--Chapter 37 of title 28, United States
Code, is amended by adding at the end the following:
``Sec. 570. Short-Term State Witness Protection Section
``(a) In General.--There is established in the United States
Marshals Service a Short-Term State Witness Protection Section which
shall provide protection for witnesses in State and local trials
involving homicide or other major violent crimes pursuant to
cooperative agreements with State and local criminal prosecutor's
offices and the United States attorney for the District of Columbia.
``(b) Eligibility.--
``(1) In general.--The Short-Term State Witness Protection
Section shall give priority in awarding grants and providing
services to--
``(A) criminal prosecutor's offices for States with
an average of not less than 100 murders per year; and
``(B) criminal prosecutor's offices for
jurisdictions that include a city, town, or township
with an average violent crime rate per 100,000
inhabitants that is above the national average.
``(2) Calculation.--The rate of murders and violent crime
under paragraph (1) shall be calculated using the latest
available crime statistics from the Federal Bureau of
Investigation during 5-year period immediately preceding an
application for protection.''.
(2) Chapter analysis.--The chapter analysis for chapter 37
of title 28, United States Code, is amended by striking the
items relating to sections 570 through 576 and inserting the
following:
``570. Short-Term State Witness Protection Section.''.
(b) Grant Program.--
(1) Definitions.--In this subsection--
(A) the term ``eligible prosecutor's office'' means
a State or local criminal prosecutor's office or the
United States attorney for the District of Columbia;
and
(B) the term ``serious violent felony'' has the
same meaning as in section 3559(c)(2) of title 18,
United States Code.
(2) Grants authorized.--
(A) In general.--The Attorney General is authorized
to make grants to eligible prosecutor's offices for
purposes of identifying witnesses in need of protection
or providing short term protection to witnesses in
trials involving homicide or serious violent felony.
(B) Allocation.--Each eligible prosecutor's office
receiving a grant under this subsection may--
(i) use the grant to identify witnesses in
need of protection or provide witness
protection (including tattoo removal services);
or
(ii) pursuant to a cooperative agreement
with the Short-Term State Witness Protection
Section of the United States Marshals Service,
credit the grant to the Short-Term State
Witness Protection Section to cover the costs
to the section of providing witness protection
on behalf of the eligible prosecutor's office.
(3) Application.--
(A) In general.--Each eligible prosecutor's office
desiring a grant under this subsection shall submit an
application to the Attorney General at such time, in
such manner, and accompanied by such information as the
Attorney General may reasonably require.
(B) Contents.--Each application submitted under
subparagraph (A) shall--
(i) describe the activities for which
assistance under this subsection is sought; and
(ii) provide such additional assurances as
the Attorney General determines to be essential
to ensure compliance with the requirements of
this subsection.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $90,000,000 for
each of fiscal years 2008 through 2010.
SEC. 309. WITNESS PROTECTION SERVICES.
Section 3526 of title 18, United States Code (Cooperation of other
Federal agencies and State governments; reimbursement of expenses) is
amended by adding at the end the following:
``(c) In any case in which a State government requests the Attorney
General to provide temporary protection under section 3521(e) of this
title, the costs of providing temporary protection are not reimbursable
if the investigation or prosecution in any way relates to crimes of
violence committed by a criminal street gang, as defined under the laws
of the relevant State seeking assistance under this title.''.
SEC. 310. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION
PROGRAM.
Section 3521(a)(1) of title 18 is amended by inserting ``, criminal
street gang, serious drug offense, homicide,'' after ``organized
criminal activity''.
SEC. 311. FAMILY ABDUCTION PREVENTION GRANT PROGRAM.
(a) State Grants.--The Attorney General is authorized to make
grants to States for projects involving--
(1) the extradition of individuals suspected of committing
a family abduction;
(2) the investigation by State and local law enforcement
agencies of family abduction cases;
(3) the training of State and local law enforcement
agencies in responding to family abductions and recovering
abducted children, including the development of written
guidelines and technical assistance;
(4) outreach and media campaigns to educate parents on the
dangers of family abductions; and
(5) the flagging of school records.
(b) Matching Requirement.--Not less than 50 percent of the cost of
a project for which a grant is made under this section shall be
provided by non-Federal sources.
(c) Definitions.--In this section:
(1) Family abduction.---The term ``family abduction'' means
the taking, keeping, or concealing of a child or children by a
parent, other family member, or person acting on behalf of the
parent or family member, that prevents another individual from
exercising lawful custody or visitation rights.
(2) Flagging.--The term ``flagging'' means the process of
notifying law enforcement authorities of the name and address
of any person requesting the school records of an abducted
child.
(3) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, any territory or
possession of the United States, and any Indian tribe.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $500,000 for fiscal year 2008
and such sums as may be necessary for each of fiscal years 2009 and
2010.
SEC. 312. STUDY ON ADOLESCENT DEVELOPMENT AND SENTENCES IN THE FEDERAL
SYSTEM.
(a) In General.--The United States Sentencing Commission shall
conduct a study to examine the appropriateness of sentences for minors
in the Federal system.
(b) Contents.--The study conducted under subsection (a) shall--
(1) incorporate the most recent research and expertise in
the field of adolescent brain development and culpability;
(2) evaluate the toll of juvenile crime, particularly
violent juvenile crime, on communities;
(3) consider the appropriateness of life sentences without
possibility for parole for minor offenders in the Federal
system; and
(4) evaluate issues of recidivism by juveniles who are
released from prison or detention after serving determinate
sentences.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the United States Sentencing Commission shall submit to
Congress a report regarding the study conducted under subsection (a),
which shall--
(1) include the findings of the Commission;
(2) describe significant cases reviewed as part of the
study; and
(3) make recommendations, if any.
(d) Revision of Guidelines.--If determined appropriate by the
United States Sentencing Commission, after completing the study under
subsection (a) the Commission may, pursuant to its authority under
section 994 of title 28, United States Code, establish or revise
guidelines and policy statements, as warranted, relating to the
sentencing of minors under this Act or the amendments made by this Act.
SEC. 313. NATIONAL YOUTH ANTI-HEROIN MEDIA CAMPAIGN.
Section 709 of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1708) is amended--
(1) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (j) the following:
``(k) Prevention of Heroin Abuse.--
``(1) Findings.--Congress finds the following:
``(A) Heroin, and particularly the form known as
`cheese heroin' (a drug made by mixing black tar heroin
with diphenhydramine), poses a significant and
increasing threat to youth in the United States.
``(B) Drug organizations import heroin from outside
of the United States, mix the highly addictive drug
with diphenhydramine, and distribute it mostly to
youth.
``(C) Since the initial discovery of cheese heroin
on Dallas school campuses in 2005, at least 21 minors
have died after overdosing on cheese heroin in Dallas
County.
``(D) The number of arrests involving possession of
cheese heroin in the Dallas area during the 2006-2007
school year increased over 60 percent from the previous
school year.
``(E) The ease of communication via the Internet
and cell phones allows a drug trend to spread rapidly
across the country, creating a national threat.
``(F) Gangs recruit youth as new members by
providing them with this inexpensive drug.
``(G) Reports show that there is rampant ignorance
among youth about the dangerous and potentially fatal
effects of cheese heroin.
``(2) Prevention of heroin abuse.--In conducting
advertising and activities otherwise authorized under this
section, the Director shall promote prevention of youth heroin
use, including cheese heroin.''.
SEC. 314. TRAINING AT THE NATIONAL ADVOCACY CENTER.
(a) In General.--The National District Attorneys Association may
use the services of the National Advocacy Center in Columbia, South
Carolina to conduct a national training program for State and local
prosecutors for the purpose of improving the professional skills of
State and local prosecutors and enhancing the ability of Federal,
State, and local prosecutors to work together.
(b) Training.--The National Advocacy Center in Columbia, South
Carolina may provide comprehensive continuing legal education in the
areas of trial practice, substantive legal updates, and support staff
training.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$6,500,000, to remain available until expended, for fiscal years 2008
through 2011.
TITLE IV--CRIME PREVENTION AND INTERVENTION STRATEGIES
SEC. 401. SHORT TITLE.
This title may be cited as the ``Prevention Resources for
Eliminating Criminal Activity Using Tailored Interventions in Our
Neighborhoods Act of 2007'' or the ``PRECAUTION Act''.
SEC. 402. PURPOSES.
The purposes of this title are to--
(1) establish a commitment on the part of the Federal
Government to provide leadership on successful crime prevention
and intervention strategies;
(2) further the integration of crime prevention and
intervention strategies into traditional law enforcement
practices of State and local law enforcement offices around the
country;
(3) develop a plain-language, implementation-focused
assessment of those current crime and delinquency prevention
and intervention strategies that are supported by rigorous
evidence;
(4) provide additional resources to the National Institute
of Justice to administer research and development grants for
promising crime prevention and intervention strategies;
(5) develop recommendations for Federal priorities for
crime and delinquency prevention and intervention research,
development, and funding that may augment important Federal
grant programs, including the Edward Byrne Memorial Justice
Assistance Grant Program under subpart 1 of part E of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.), grant programs administered by the Office
of Community Oriented Policing Services of the Department of
Justice, grant programs administered by the Office of Safe and
Drug-Free Schools of the Department of Education, and other
similar programs; and
(6) reduce the costs that rising violent crime imposes on
interstate commerce.
SEC. 403. DEFINITIONS.
In this title, the following definitions shall apply:
(1) Commission.--The term ``Commission'' means the National
Commission on Public Safety Through Crime Prevention
established under section 404(a).
(2) Rigorous evidence.--The term ``rigorous evidence''
means evidence generated by scientifically valid forms of
outcome evaluation, particularly randomized trials (where
practicable).
(3) Subcategory.--The term ``subcategory'' means 1 of the
following categories:
(A) Family and community settings (including public
health-based strategies).
(B) Law enforcement settings (including probation-
based strategies).
(C) School settings (including antigang and general
antiviolence strategies).
(4) Top-tier.--The term ``top-tier'' means any strategy
supported by rigorous evidence of the sizable, sustained
benefits to participants in the strategy or to society.
SEC. 404. NATIONAL COMMISSION ON PUBLIC SAFETY THROUGH CRIME
PREVENTION.
(a) Establishment.--There is established a commission to be known
as the National Commission on Public Safety Through Crime Prevention.
(b) Members.--
(1) In general.--The Commission shall be composed of 9
members, of whom--
(A) 3 shall be appointed by the President, 1 of
whom shall be the Assistant Attorney General for the
Office of Justice Programs or a representative of such
Assistant Attorney General;
(B) 2 shall be appointed by the Speaker of the
House of Representatives, unless the Speaker is of the
same party as the President, in which case 1 shall be
appointed by the Speaker of the House of
Representatives and 1 shall be appointed by the
minority leader of the House of Representatives;
(C) 1 shall be appointed by the minority leader of
the House of Representatives (in addition to any
appointment made under subparagraph (B));
(D) 2 shall be appointed by the majority leader of
the Senate, unless the majority leader is of the same
party as the President, in which case 1 shall be
appointed by the majority leader of the Senate and 1
shall be appointed by the minority leader of the
Senate; and
(E) 1 member appointed by the minority leader of
the Senate (in addition to any appointment made under
subparagraph (D)).
(2) Persons eligible.--
(A) In general.--Each member of the Commission
shall be an individual who has knowledge or expertise
in matters to be studied by the Commission.
(B) Required representatives.--At least--
(i) 2 members of the Commission shall be
respected social scientists with experience
implementing or interpreting rigorous, outcome-
based trials; and
(ii) 2 members of the Commission shall be
law enforcement practitioners.
(3) Consultation required.--The President, the Speaker of
the House of Representatives, the minority leader of the House
of Representatives, and the majority leader and minority leader
of the Senate shall consult prior to the appointment of the
members of the Commission to achieve, to the maximum extent
possible, fair and equitable representation of various points
of view with respect to the matters to be studied by the
Commission.
(4) Term.--Each member shall be appointed for the life of
the Commission.
(5) Time for initial appointments.--The appointment of the
members shall be made not later than 60 days after the date of
enactment of this Act.
(6) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made, and
shall be made not later than 60 days after the date on which
the vacancy occurred.
(7) Ex officio members.--The Director of the National
Institute of Justice, the Director of the Office of Juvenile
Justice and Delinquency Prevention, the Director of the
Community Capacity Development Office, the Director of the
Bureau of Justice Statistics, the Director of the Bureau of
Justice Assistance, and the Director of Community Oriented
Policing Services (or a representative of each such director)
shall each serve in an ex officio capacity on the Commission to
provide advice and information to the Commission.
(c) Operation.--
(1) Chairperson.--At the initial meeting of the Commission,
the members of the Commission shall elect a chairperson from
among its voting members, by a vote of \2/3\ of the members of
the Commission. The chairperson shall retain this position for
the life of the Commission. If the chairperson leaves the
Commission, a new chairperson shall be selected, by a vote of
\2/3\ of the members of the Commission.
(2) Meetings.--The Commission shall meet at the call of the
chairperson. The initial meeting of the Commission shall take
place not later than 30 days after the date on which all the
members of the Commission have been appointed.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum to conduct business, and the
Commission may establish a lesser quorum for conducting
hearings scheduled by the Commission.
(4) Rules.--The Commission may establish by majority vote
any other rules for the conduct of Commission business, if such
rules are not inconsistent with this title or other applicable
law.
(d) Public Hearings.--
(1) In general.--The Commission shall hold public 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 its
duties under this section.
(2) Focus of hearings.--The Commission shall hold at least
3 separate public hearings, each of which shall focus on 1 of
the subcategories.
(3) Witness expenses.--Witnesses requested to appear before
the Commission shall be paid the same fees as are paid to
witnesses under section 1821 of title 28, United States Code.
The per diem and mileage allowances for witnesses shall be paid
from funds appropriated to the Commission.
(e) Comprehensive Study of Evidence-Based Crime Prevention and
Intervention Strategies.--
(1) In general.--The Commission shall carry out a
comprehensive study of the effectiveness of crime and
delinquency prevention and intervention strategies, organized
around the 3 subcategories.
(2) Matters included.--The study under paragraph (1) shall
include--
(A) a review of research on the general
effectiveness of incorporating crime prevention and
intervention strategies into an overall law enforcement
plan;
(B) an evaluation of how to more effectively
communicate the wealth of social science research to
practitioners;
(C) a review of evidence regarding the
effectiveness of specific crime prevention and
intervention strategies, focusing on those strategies
supported by rigorous evidence;
(D) an identification of--
(i) promising areas for further research
and development; and
(ii) other areas representing gaps in the
body of knowledge that would benefit from
additional research and development;
(E) an assessment of the best practices for
implementing prevention and intervention strategies;
(F) an assessment of the best practices for
gathering rigorous evidence regarding the
implementation of intervention and prevention
strategies; and
(G) an assessment of those top-tier strategies best
suited for duplication efforts in a range of settings
across the country.
(3) Initial report on top-tier crime prevention and
intervention strategies.--
(A) Distribution.--Not later than 18 months after
the date on which all members of the Commission have
been appointed, the Commission shall submit a public
report on the study carried out under this subsection
to--
(i) the President;
(ii) Congress;
(iii) the Attorney General;
(iv) the Chief Federal Public Defender of
each district;
(v) the chief executive of each State;
(vi) the Director of the Administrative
Office of the Courts of each State;
(vii) the Director of the Administrative
Office of the United States Courts; and
(viii) the attorney general of each State.
(B) Contents.--The report under subparagraph (A)
shall include--
(i) the findings and conclusions of the
Commission;
(ii) a summary of the top-tier strategies,
including--
(I) a review of the rigorous
evidence supporting the designation of
each strategy as top-tier;
(II) a brief outline of the keys to
successful implementation for each
strategy; and
(III) a list of references and
other information on where further
information on each strategy can be
found;
(iii) recommended protocols for
implementing crime and delinquency prevention
and intervention strategies generally;
(iv) recommended protocols for evaluating
the effectiveness of crime and delinquency
prevention and intervention strategies; and
(v) a summary of the materials relied upon
by the Commission in preparation of the report.
(C) Consultation with outside authorities.--In
developing the recommended protocols for implementation
and rigorous evaluation of top-tier crime and
delinquency prevention and intervention strategies
under this paragraph, the Commission shall consult with
the Committee on Law and Justice at the National
Academy of Science and with national associations
representing the law enforcement and social science
professions, including the National Sheriffs'
Association, the Police Executive Research Forum, the
International Association of Chiefs of Police, the
Consortium of Social Science Associations, and the
American Society of Criminology.
(f) Recommendations Regarding Dissemination of the Innovative Crime
Prevention and Intervention Strategy Grants.--
(1) Submission.--
(A) In general.--Not later than 30 days after the
date of the final hearing under subsection (d) relating
to a subcategory, the Commission shall provide the
Director of the National Institute of Justice with
recommendations on qualifying considerations relating
to that subcategory for selecting grant recipients
under section 405.
(B) Deadline.--Not later than 13 months after the
date on which all members of the Commission have been
appointed, the Commission shall provide all
recommendations required under this subsection.
(2) Matters included.--The recommendations provided under
paragraph (1) shall include recommendations relating to--
(A) the types of strategies for the applicable
subcategory that would best benefit from additional
research and development;
(B) any geographic or demographic targets;
(C) the types of partnerships with other public or
private entities that might be pertinent and
prioritized; and
(D) any classes of crime and delinquency prevention
and intervention strategies that should not be given
priority because of a pre-existing base of knowledge
that would benefit less from additional research and
development.
(g) Final Report on the Results of the Innovative Crime Prevention
and Intervention Strategy Grants.--
(1) In general.--Following the close of the 3-year
implementation period for each grant recipient under section
405, the Commission shall collect the results of the study of
the effectiveness of that grant under section 405(b)(3) and
shall submit a public report to the President, the Attorney
General, Congress, the chief executive of each State, and the
attorney general of each State describing each strategy funded
under section 405 and its results. This report shall be
submitted not later than 5 years after the date of the
selection of the chairperson of the Commission.
(2) Collection of information and evidence regarding grant
recipients.--The Commission's collection of information and
evidence regarding each grant recipient under section 405 shall
be carried out by--
(A) ongoing communications with the grant
administrator at the National Institute of Justice;
(B) visits by representatives of the Commission
(including at least 1 member of the Commission) to the
site where the grant recipient is carrying out the
strategy with a grant under section 405, at least once
in the second and once in the third year of that grant;
(C) a review of the data generated by the study
monitoring the effectiveness of the strategy; and
(D) other means as necessary.
(3) Matters included.--The report submitted under paragraph
(1) shall include a review of each strategy carried out with a
grant under section 405, detailing--
(A) the type of crime or delinquency prevention or
intervention strategy;
(B) where the activities under the strategy were
carried out, including geographic and demographic
targets;
(C) any partnerships with public or private
entities through the course of the grant period;
(D) the type and design of the effectiveness study
conducted under section 405(b)(3) for that strategy;
(E) the results of the effectiveness study
conducted under section 405(b)(3) for that strategy;
(F) lessons learned regarding implementation of
that strategy or of the effectiveness study conducted
under section 405(b)(3), including recommendations
regarding which types of environments might best be
suited for successful replication; and
(G) recommendations regarding the need for further
research and development of the strategy.
(h) Personnel Matters.--
(1) 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 service for the Commission.
(2) Compensation of members.--Members of the Commission
shall serve without compensation.
(3) Staff.--
(A) 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.
(B) Compensation.--The chairperson of the
Commission may fix the compensation of the executive
director and other personnel without regard to the
provisions of 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.
(4) Detail of federal employees.--With the affirmative vote
of \2/3\ of the members of the Commission, any Federal
Government employee, with the approval of the head of the
appropriate Federal agency, may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption or loss of civil service status, benefits, or
privileges.
(i) Contracts for Research.--
(1) National institute of justice.--With a \2/3\
affirmative vote of the members of the Commission, the
Commission may select nongovernmental researchers and experts
to assist the Commission in carrying out its duties under this
title. The National Institute of Justice shall contract with
the researchers and experts selected by the Commission to
provide funding in exchange for their services.
(2) Other organizations.--Nothing in this subsection shall
be construed to limit the ability of the Commission to enter
into contracts with other entities or organizations for
research necessary to carry out the duties of the Commission
under this section.
(j) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 to carry out this section.
(k) Termination.--The Commission shall terminate on the date that
is 30 days after the date on which the Commission submits the last
report required by this section.
(l) Exemption.--The Commission shall be exempt from the Federal
Advisory Committee Act.
SEC. 405. INNOVATIVE CRIME PREVENTION AND INTERVENTION STRATEGY GRANTS.
(a) Grants Authorized.--The Director of the National Institute of
Justice may make grants to public and private entities to fund the
implementation and evaluation of innovative crime or delinquency
prevention or intervention strategies. The purpose of grants under this
section shall be to provide funds for all expenses related to the
implementation of such a strategy and to conduct a rigorous study on
the effectiveness of that strategy.
(b) Grant Distribution.--
(1) Period.--A grant under this section shall be made for a
period of not more than 3 years.
(2) Amount.--The amount of each grant under this section--
(A) shall be sufficient to ensure that rigorous
evaluations may be performed; and
(B) shall not exceed $2,000,000.
(3) Evaluation set-aside.--
(A) In general.--A grantee shall use not less than
$300,000 and not more than $700,000 of the funds from a
grant under this section for a rigorous study of the
effectiveness of the strategy during the 3-year period
of the grant for that strategy.
(B) Methodology of study.--
(i) In general.--Each study conducted under
subparagraph (A) shall use an evaluator and a
study design approved by the employee of the
National Institute of Justice hired or assigned
under subsection (c).
(ii) Criteria.--The employee of the
National Institute of Justice hired or assigned
under subsection (c) shall approve--
(I) an evaluator that has
successfully carried out multiple
studies producing rigorous evidence of
effectiveness; and
(II) a proposed study design that
is likely to produce rigorous evidence
of the effectiveness of the strategy.
(iii) Approval.--Before a grant is awarded
under this section, the evaluator and study
design of a grantee shall be approved by the
employee of the National Institute of Justice
hired or assigned under subsection (c).
(4) Date of award.--Not later than 6 months after the date
of receiving recommendations relating to a subcategory from the
Commission under section 404(f), the Director of the National
Institute of Justice shall award all grants under this section
relating to that subcategory.
(5) Type of grants.--One-third of the grants made under
this section shall be made in each subcategory. In distributing
grants, the recommendations of the Commission under section
404(f) shall be considered.
(6) Authorization of appropriations.--There are authorized
to be appropriated $18,000,000 to carry out this subsection.
(c) Dedicated Staff.--
(1) In general.--The Director of the National Institute of
Justice shall hire or assign a full-time employee to oversee
the grants under this section.
(2) Study oversight.--The employee of the National
Institute of Justice hired or assigned under paragraph (1)
shall be responsible for ensuring that grantees adhere to the
study design approved before the applicable grant was awarded.
(3) Liaison.--The employee of the National Institute of
Justice hired or assigned under paragraph (1) may be used as a
liaison between the Commission and the recipients of a grant
under this section. That employee shall be responsible for
ensuring timely cooperation with Commission requests.
(4) Authorization of appropriations.--There are authorized
to be appropriated $150,000 for each of fiscal years 2008
through 2012 to carry out this subsection.
(d) Applications.--A public or private entity desiring a grant
under this section shall submit an application at such time, in such
manner, and accompanied by such information as the Director of the
National Institute of Justice may reasonably require.
(e) Cooperation With the Commission.--Grant recipients shall
cooperate with the Commission in providing them with full information
on the progress of the strategy being carried out with a grant under
this section, including--
(1) hosting visits by the members of the Commission to the
site where the activities under the strategy are being carried
out;
(2) providing pertinent information on the logistics of
establishing the strategy for which the grant under this
section was received, including details on partnerships,
selection of participants, and any efforts to publicize the
strategy; and
(3) responding to any specific inquiries that may be made
by the Commission.
Calendar No. 290
110th CONGRESS
1st Session
S. 456
_______________________________________________________________________
A BILL
To increase and enhance law enforcement resources committed to
investigation and prosecution of violent gangs, to deter and punish
violent gang crime, to protect law-abiding citizens and communities
from violent criminals, to revise and enhance criminal penalties for
violent crimes, to expand and improve gang prevention programs, and for
other purposes.
_______________________________________________________________________
July 30, 2007
Reported with an amendment