S 2237
110th CONGRESS
1st Session
S. 2237
To fight crime.
IN THE SENATE OF THE UNITED STATES
October 25, 2007
Mr. BIDEN introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To fight crime.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Crime Control and Prevention Act of 2007'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
TITLE I--SUPPORTING THE FIRST LINE OF DEFENSE
Subtitle A--COPS Improvement Act
Sec. 1102. COPS grant improvements.
Subtitle B--FBI Act of 2007
Sec. 1203. Authorization for more agents.
Subtitle C--Project to Protect America Act of 2007
Sec. 1304. Housing allowance demonstration project.
Sec. 1305. Annuity protection.
Sec. 1306. Authorization of appropriations.
Subtitle D--Drug Enforcement Special Agents Restoration Act of 2007
Sec. 1403. Additional DEA special agents.
Sec. 1404. Authorization of appropriations.
Subtitle E--National Commission on Law Enforcement and the Administration of Justice Act of 2007
Sec. 1503. Establishment of Commission.
Sec. 1504. Report to Congress.
Sec. 1505. Powers of the Commission.
Sec. 1506. Commission personnel matters.
Sec. 1507. Termination of the Commission.
Sec. 1508. Authorization of appropriations.
TITLE II--PREVENTING VIOLENT CRIME AND BREAKING THE CYCLE OF VIOLENCE
Subtitle A--Taking Care of Children
Part I--Head Start
Sec. 2101. Head Start Act.
Part II--Child Abuse Prevention and Treatment
Sec. 2111. Child Abuse Prevention and Treatment Act.
Sec. 2112. After-school programs.
Sec. 2113. Community prevention.
Sec. 2114. Effective juvenile justice intervention programs.
Sec. 2115. Safe and healthy tribal communities.
Sec. 2116. Strengthening tribal law enforcement and courts.
Part III--Improvements to the Strengthening Abuse and Neglect Courts Act of 2000
Sec. 2131. Improvements to the Strengthening Abuse and Neglect Courts Act of 2000.
Part IV--Safe Babies Act of 2007
Sec. 2144. Authorization of appropriations.
Subtitle B--Gang Abatement and Prevention Act of 2007
Part I--New Federal Criminal Laws Needed To Fight Violent
National, International, Regional, and Local Gangs That Affect
Interstate and Foreign Commerce
Sec. 2221. Revision and extension of penalties related to criminal street gang activity.
Part II--Violent Crime Reforms To Reduce Gang Violence
Sec. 2241. Violent crimes in aid of racketeering activity.
Sec. 2242. Murder and other violent crimes committed during and in relation to a drug trafficking crime.
Sec. 2243. Expansion of rebuttable presumption against release of persons charged with firearms offenses.
Sec. 2244. Statute of limitations for violent crime.
Sec. 2245. Study of hearsay exception for forfeiture by wrongdoing.
Sec. 2246. Possession of firearms by dangerous felons.
Sec. 2247. Conforming amendment.
Sec. 2248. Amendments relating to violent crime.
Sec. 2249. Publicity campaign about new criminal penalties.
Sec. 2250. Statute of limitations for terrorism offenses.
Sec. 2251. Crimes committed in Indian country or exclusive Federal jurisdiction as racketeering predicates.
Sec. 2252. Predicate crimes for authorization of interception of wire, oral, and electronic communications.
Sec. 2253. Clarification of Hobbs Act.
Sec. 2254. Interstate tampering with or retaliation against a witness, victim, or informant in a State criminal proceeding.
Sec. 2255. Amendment of sentencing guidelines.
Part III--Increased Federal Resources To Deter and Prevent
Seriously At-Risk Youth From Joining Illegal Street Gangs and for Other
Purposes
Sec. 2261. Designation of and assistance for high intensity gang activity areas.
Sec. 2262. Gang prevention grants.
Sec. 2263. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs.
Sec. 2264. Additional resources needed by the Federal
Bureau of Investigation to investigate and prosecute violent criminal
street gangs.
Sec. 2265. Grants to prosecutors and law enforcement to combat violent crime.
Sec. 2266. Expansion and reauthorization of the Mentoring Initiative for system involved youth.
Sec. 2267. Demonstration grants to encourage creative approaches to gang activity and after-school programs.
Sec. 2268. Short-Term State Witness Protection Section.
Sec. 2269. Witness protection services.
Sec. 2270. Expansion of Federal witness relocation and protection program.
Sec. 2271. Family abduction prevention grant program.
Sec. 2272. Study on adolescent development and sentences in the Federal system.
Sec. 2273. National youth anti-heroin media campaign.
Sec. 2274. Training at the National Advocacy Center.
Part IV--Crime Prevention and Intervention Strategies
Sec. 2284. National Commission on Public Safety Through Crime Prevention.
Sec. 2285. Innovative crime prevention and intervention strategy grants.
Subtitle C--School Safety and Student Protection Act of 2007
Sec. 2302. Bullying prevention policies, programs, and statistics.
Subtitle D--Civic Justice Corps Demonstration Act of 2007
Sec. 2404. Grants authorized.
Sec. 2405. Application process.
Sec. 2406. Reports and evaluation.
Sec. 2407. Best practices.
Sec. 2408. Authorization of appropriations.
Subtitle E--National Domestic Violence Volunteer Attorney Network Act
Sec. 2503. National domestic violence volunteer attorney network.
Sec. 2504. Domestic violence volunteer attorney referral program.
Sec. 2505. Technical assistance for the national domestic violence volunteer attorney network.
Sec. 2506. National domestic violence hotline legal referrals.
Sec. 2507. Study of legal representation of domestic violence victims.
Sec. 2508. Establish a domestic violence legal advisory task force.
Subtitle F--Juvenile Delinquency Court Improvement
Sec. 2601. Juvenile Delinquency Court Improvement Act.
Sec. 2602. The Juvenile Delinquency Judicial Training and Technical Assistance Act.
Sec. 2603. The Juvenile and Family Court Training, Technical Assistance, and Data Collection Act.
Sec. 2604. Model Courts Enhancements Act.
Subtitle G--Improving Assistance to Domestic and Sexual Violence Victims Act of 2007
Sec. 2702. Definitions and universal grant conditions.
Sec. 2703. Criminal justice.
Sec. 2706. Economic security.
Sec. 2707. Tribal issues.
Sec. 2708. Polygraph procedures.
Sec. 2709. Sexual assault nurse examiners.
TITLE III--PROTECTING COMMUNITIES BY REDUCING RECIDIVISM
Subtitle A--Enhanced Second Chance Act of 2007
Sec. 3103. Reauthorization of adult and juvenile offender State and local reentry demonstration projects.
Sec. 3104. Task force on Federal programs and activities relating to reentry of offenders.
Sec. 3105. Offender reentry research.
Sec. 3106. Children of incarcerated parents and families.
Sec. 3107. Encouragement of employment of former prisoners.
Sec. 3108. Federal resource center for children of prisoners.
Sec. 3109. Elimination of age requirement for relative caregiver under national family caregiver support program.
Sec. 3110. Clarification of authority to place prisoner in community corrections.
Sec. 3111. Use of violent offender truth-in-sentencing grant funding for demonstration project activities.
Sec. 3112. Grants to study parole or post incarceration supervision violations and revocations.
Sec. 3113. Reauthorization of residential substance abuse treatment for State prisoners program.
Sec. 3114. Reauthorization of substance abuse treatment program under title 18.
Sec. 3115. Removal of limitation on amount of funds
available for corrections education programs under the Adult Education
and Family Literacy Act.
Sec. 3116. Mentoring grants to community-based organizations.
Sec. 3117. Group homes for recovering substance abusers.
Sec. 3118. Improved reentry procedures for Federal prisoners.
Sec. 3119. Family unification in public housing.
Subtitle B--Commission To Study Alternatives to Incarceration of Non-Violent Mentally Ill Offenders Act of 2007
Sec. 3203. National commission on inmates with mental illness.
Sec. 3205. Powers of the Commission.
Sec. 3206. Commission personnel matters.
Sec. 3207. Termination of the Commission.
Sec. 3208. Authorization of appropriations.
TITLE IV--PROTECTING CHILDREN
Subtitle A--Combating Child Exploitation Act of 2007
Part I--Special Counsel for Child Exploitation Prevention and Interdiction
Sec. 4111. Establishment of Special Counsel for Child Exploitation Prevention and Interdiction.
Sec. 4112. Establishment of ICAC Task Force Program.
Sec. 4113. Purpose of ICAC Task Forces.
Sec. 4114. Duties and functions of Task Forces.
Sec. 4115. National ICAC Data Network Center.
Sec. 4116. ICAC grant program.
Sec. 4117. Authorization of appropriations.
Part II--Additional Measures To Combat Child Exploitation
Sec. 4121. Additional regional computer forensic labs.
Sec. 4122. Enhanced authority to investigate Internet crimes against children.
Sec. 4123. Additional field agents for the FBI.
Sec. 4124. Immigrations and customs enforcement enhancement.
Sec. 4125. Combating trafficking via the United States Postal Service.
Sec. 4126. Accountability provisions for child exploitation prevention and interdiction.
Sec. 4127. Truth in sentencing report.
Subtitle B--Violence Against Children Act of 2007
Part I--Enhanced Federal Role in Crimes Against Children
Sec. 4211. Enhanced penalties.
Sec. 4212. Enhanced assistance for criminal investigations and prosecutions by State and local law enforcement officials.
Part II--Grant Programs
Sec. 4221. Federal assistance to State and local law enforcement.
Sec. 4222. Education, prevention, and victims' assistance grants.
Part III--Nationwide Programs
Sec. 4231. Improved statistical gathering.
Sec. 4232. National safe haven.
Sec. 4233. Improved child protection services programs.
Sec. 4234. Model training and caseload standards.
Part IV--Mynisha's Law
Sec. 4242. Federal coordination and assistance in preventing gang violence.
Sec. 4243. Designation as a High Intensity Interstate Gang Area.
Sec. 4244. Purpose of the Task Force.
Sec. 4245. Authorization of appropriations.
Part V--School Safety Enhancements
Sec. 4251. Grant program for school security.
Sec. 4253. Authorization of appropriations.
TITLE V--DRUG CONTROL, PREVENTION AND TREATMENT
Subtitle A--Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007
Sec. 5102. Cocaine sentencing disparity elimination.
Sec. 5103. Elimination of mandatory minimum for simple possession.
Sec. 5104. Increased emphasis on certain aggravating and mitigating factors.
Sec. 5105. Offender drug treatment incentive grants.
Sec. 5106. Grants for demonstration programs to reduce drug use substance abusers.
Sec. 5107. Emergency authority for United States sentencing commission.
Sec. 5108. Increased penalties for major drug traffickers.
Sec. 5109. Authorization of appropriations and required report.
Sec. 5110. Effective date.
Subtitle B--Dextromethorphan Abuse Reduction Act of 2007
Sec. 5203. Dextromethorphan.
Subtitle C--Recognizing Addiction as a Disease Act of 2007
Subtitle D--Children of Addicted Parents of 2007
Sec. 5404. Grant program.
Sec. 5405. Training for providers.
Sec. 5406. Authorization of appropriations.
Subtitle E--Online Pharmacy Bill
Sec. 5502. Requirement of a valid prescription for controlled substances dispensed by means of the Internet.
Sec. 5503. Amendments to the Controlled Substances Act
relating to the delivery of controlled substances by means of the
Internet.
Subtitle F--Local Drug Crisis Enhancement Grants Act
Subtitle G--Extraterritorial Controlled Substance Trafficking Venue Clarification Act of 2007
Sec. 5703. Additional basis of venue for extraterritorial trafficking in controlled substances.
Sec. 5704. Effective date.
Subtitle H--Methamphetamine Production Prevention Act of 2007
Sec. 5804. Authorization for Effective Methamphetamine Precursor Electronic Logbook Systems.
Sec. 5805. Grants for Methamphetamine Precursor Electronic Logbook Systems.
Sec. 5807. Authorization of appropriations.
Subtitle I--PACT Act
Sec. 5903. Authorization of program.
Sec. 5905. Authorization of appropriations.
TITLE VI--PREVENTING ILLEGAL TRAFFICKING OF FIREARMS
Subtitle A--Firearms Background Check Enhancement Act of 2007
Sec. 6103. Extension of brady background checks to gun shows.
Subtitle B--Assault Weapons Ban Renewal Act of 2007
Sec. 6202. Restriction on manufacture, transfer, and possession of certain semiautomatic assault weapons.
Sec. 6203. Ban of large capacity ammunition feeding devices.
Sec. 6204. Study by Attorney General.
Sec. 6205. Effective date.
Sec. 6206. Appendix A to section 922 of title 18.
TITLE VII--TECHNOLOGY AND CRIMES
Subtitle A--Forensics Grants Improvement Act of 2007
Sec. 7102. Authorization.
Sec. 7103. Elimination of backlog.
Sec. 7105. Use of funds for other forensic sciences.
Subtitle B--Grant Program for Export of FBI DNA Software
Sec. 7202. Authorization of appropriations.
Subtitle C--Cyber Security Act of 2007
Sec. 7302. Conspiracy to commit cyber crimes.
Sec. 7303. Fixing loopholes with cyber extortion.
Sec. 7304. Damage to protected computers.
Sec. 7305. RICO predicates.
Sec. 7306. Use of full interstate and foreign commerce power for criminal penalties.
Sec. 7307. Civil forfeiture for section 1030 violations.
Sec. 7308. Directive to sentencing commission.
Sec. 7309. Additional funding for resources to investigate and prosecute criminal activity involving computers.
Subtitle D--Protecting Electronic Voting Act of 2007
Sec. 7403. Protecting computers used by candidates for Federal office and political parties.
Sec. 7404. Protecting computers used in administering elections.
TITLE VIII--INTELLECTUAL PROPERTY
Sec. 8002. Registration in civil infringement actions.
Sec. 8003. Civil remedies for infringement.
Sec. 8004. Criminal infringement.
Sec. 8005. Importation and exportation.
Sec. 8006. Digital Millennium Copyright Act.
Sec. 8007. Forfeiture under Economic Espionage Act.
Sec. 8008. Trafficking in counterfeit labels.
Sec. 8009. Criminal infringement of a copyright.
Sec. 8010. Unauthorized fixation and trafficking.
Sec. 8011. Unauthorized recording of motion pictures.
Sec. 8012. Trafficking in counterfeit goods or services.
Sec. 8013. Interception of wire, oral, or electronic communications.
TITLE IX--CRIME VICTIMS
Subtitle A--Crime Victims With Disabilities Act of 2007
Sec. 9104. Department of Justice Crime Victims With Disabilities Collaboration Program.
Sec. 9105. Research grant and report.
Subtitle B--Restitution for Victims of Crime Act of 2007
Part I--Collection of Restitution
Sec. 9212. Procedure for issuance and enforcement of restitution.
Sec. 9213. Imposition of criminal fines and payment directions.
Sec. 9214. Collection of unpaid fines or restitution.
Sec. 9215. Attorney's fees for victims.
Part II--Preservation of Assets for Restitution
Sec. 9222. Amendments to the Mandatory Victims Restitution Act.
Sec. 9223. Amendments to the anti-fraud injunction statute.
Sec. 9224. Amendments to the Federal Debt Collection Procedures Act.
Part III--Environmental Crimes Restitution
Sec. 9232. Immediate availability of restitution to victims of environmental crimes.
TITLE X--MISCELLANEOUS
Subtitle A--Continuity of Justice Act of 2007
Sec. 10104. Grants to courts.
Subtitle B--Homeland Security Trust Fund Act of 2007
Sec. 10204. Homeland Security and Neighborhood Safety Trust Fund.
Sec. 10205. Preventing terror attacks on the homeland.
Sec. 10206. Authorization of Appropriations for Additional Activities for Homeland Security.
Sec. 10207. Homeland Security Spending Advisory Board.
Subtitle C--Commercial Equipment Direct Assistance Program Act of 2007
Sec. 10302. Commercial Equipment Direct Assistance Program.
TITLE I--SUPPORTING THE FIRST LINE OF DEFENSE
Subtitle A--COPS Improvement Act
SEC. 1101. SHORT TITLE.
This subtitle may be cited as the `COPS Improvements Act of 2007'.
SEC. 1102. COPS GRANT IMPROVEMENTS.
(a) In General- Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
`(a) Grant Authorization- The Attorney General shall carry
out grant programs under which the Attorney General makes grants to
States, units of local government, Indian tribal governments, other
public and private entities, multijurisdictional or regional consortia,
and individuals for the purposes described in subsections (b), (c),
(d), and (e).';
(A) by striking the subsection heading text and inserting `Community Policing and Crime Prevention Grants';
(B) in paragraph (3), by striking `, to increase the number of officers deployed in community-oriented policing';
(C) in paragraph (4), by inserting `or train' after `pay for';
(D) by inserting after paragraph (4) the following:
`(5) award grants to hire school resource officers and
to establish school-based partnerships between local law enforcement
agencies and local school systems to combat crime, gangs, drug
activities, and other problems in and around elementary and secondary
schools;';
(E) by striking paragraph (9);
(F) by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively;
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14) through (17) as paragraphs (12) through (15), respectively;
(I) in paragraph (14), as so redesignated, by striking `and' at the end;
(J) in paragraph (15), as so redesignated, by striking the period at the end and inserting a semicolon; and
(K) by adding at the end the following:
`(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing, distribution, and use,
including the manufacturing, distribution, and use of methamphetamine;
and
`(17) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, as warranted.';
(3) by striking subsection (c);
(4) by striking subsections (h) and (i);
(5) by redesignating subsections (d) through (g) as subsections (f) through (i), respectively;
(6) by inserting after subsection (b) the following:
`(c) Troops-to-Cops Programs-
`(1) IN GENERAL- Grants made under subsection (a) may
be used to hire former members of the Armed Forces to serve as career
law enforcement officers for deployment in community-oriented policing,
particularly in communities that are adversely affected by a recent
military base closing.
`(2) DEFINITION- In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the United
States who is involuntarily separated from the Armed Forces within the
meaning of section 1141 of title 10, United States Code.
`(d) Community Prosecutors Program- The Attorney General
may make grants under subsection (a) to pay for additional community
prosecuting programs, including programs that assign prosecutors to--
`(1) handle cases from specific geographic areas; and
`(2) address counter-terrorism problems, specific
violent crime problems (including intensive illegal gang, gun, and drug
enforcement and quality of life initiatives), and localized violent and
other crime problems based on needs identified by local law enforcement
agencies, community organizations, and others.
`(e) Technology Grants- The Attorney General may make
grants under subsection (a) to develop and use new technologies
(including interoperable communications technologies, modernized
criminal record technology, and forensic technology) to assist State
and local law enforcement agencies in reorienting the emphasis of their
activities from reacting to crime to preventing crime and to train law
enforcement officers to use such technologies.';
(7) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking `to States, units
of local government, Indian tribal governments, and to other public and
private entities,';
(B) in paragraph (2), by striking `define for State
and local governments, and other public and private entities,' and
inserting `establish';
(C) in the first sentence of paragraph (3), by
inserting `(including regional community policing institutes)' after
`training centers or facilities'; and
(D) by adding at the end the following:
`(4) EXCLUSIVITY- The Office of Community Oriented
Policing Services shall be the exclusive component of the Department of
Justice to perform the functions and activities specified in this
paragraph.';
(8) in subsection (g), as so redesignated, by striking
`may utilize any component', and all that follows and inserting `shall
use the Office of Community Oriented Policing Services of the
Department of Justice in carrying out this part.';
(9) in subsection (h), as so redesignated--
(A) by striking `subsection (a)' the first place
that term appears and inserting `paragraphs (1) and (2) of subsection
(b)'; and
(B) by striking `in each fiscal year pursuant to
subsection (a)' and inserting `in each fiscal year for purposes
described in paragraph (1) and (2) of subsection (b)';
(10) in subsection (i), as so redesignated, by striking the second sentence; and
(11) by adding at the end the following:
`(j) Retention of Additional Officer Positions- For any
grant under paragraph (1) or (2) of subsection (b) for hiring or
rehiring career law enforcement officers, a grant recipient shall
retain each additional law enforcement officer position created under
that grant for not less than 12 months after the end of the period of
that grant, unless the Attorney General waives, wholly or in part, the
retention requirement of a program, project, or activity.'.
(b) Applications- Section 1702 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended--
(A) in the matter preceding paragraph (1), by
inserting `, unless waived by the Attorney General' after `under this
part shall';
(B) by striking paragraph (8); and
(C) by redesignating paragraphs (9) through (11) as paragraphs (8) through (10), respectively; and
(2) by striking subsection (d).
(c) Renewal of Grants- Section 1703 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to
read as follows:
`SEC. 1703. RENEWAL OF GRANTS.
`(a) In General- A grant made under this part may be
renewed, without limitations on the duration of such renewal, to
provide additional funds, if the Attorney General determines that the
funds made available to the recipient were used in a manner required
under an approved application and if the recipient can demonstrate
significant progress in achieving the objectives of the initial
application.
`(b) No Cost Extensions- Notwithstanding subsection (a),
the Attorney General may extend a grant period, without limitations as
to the duration of such extension, to provide additional time to
complete the objectives of the initial grant award.'.
(d) Limitation on Use of Funds- Section 1704 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is
amended--
(1) in subsection (a), by striking `that would, in the
absence of Federal funds received under this part, be made available
from State or local sources' and inserting `that the Attorney General
determines would, in the absence of Federal funds received under this
part, be made available for the purpose of the grant under this part
from State or local sources'; and
(2) by striking subsection (c).
(1) IN GENERAL- Section 1706 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended--
(A) in the section heading, by striking `revocation or suspension of funding' and inserting `enforcement actions'; and
(B) by striking `revoke or suspend' and all that
follows and inserting `take any enforcement action available to the
Department of Justice.'.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of
contents of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711) is amended by striking the item relating to
section 1706 and inserting the following:
`Sec. 1706. Enforcement actions.'.
(f) Definitions- Section 1709(1) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is
amended--
(1) by inserting `who is a sworn law enforcement officer' after `permanent basis'; and
(2) by inserting `, including officers for the Amtrak Police Department' before the period at the end.
(g) Authorization of Appropriations- Section 1001(11) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(11)) is amended--
(1) in subparagraph (A), by striking `$1,047,119,000'
and all that follows and inserting `$1,150,000,000 for each of fiscal
years 2007 through 2012.'; and
(2) in subparagraph (B)--
(A) in the first sentence, by striking `3 percent' and inserting `5 percent'; and
(B) by striking the second sentence and inserting
the following: `Of the funds available for grants under part Q, not
less than $600,000,000 shall be used for grants for the purposes
specified in section 1701(b), not more than $200,000,000 shall be used
for grants under section 1701(d), and not more than $350,000,000 shall
be used for grants under section 1701(e).'.
(h) Purposes- Section 10002 of the Public Safety
Partnership and Community Policing Act of 1994 (42 U.S.C. 3796dd note)
is amended--
(1) in paragraph (4), by striking `development' and inserting `use'; and
(2) in the matter following paragraph (4), by striking `for a period of 6 years'.
(i) COPS Program Improvements-
(1) IN GENERAL- Section 109(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and
(C) in paragraph (2), as so redesignated, by
inserting `, except for the program under part Q of this title' before
the period.
(2) LAW ENFORCEMENT COMPUTER SYSTEMS- Section 107 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712f) is amended by adding at the end the following:
`(c) Exception- This section shall not apply to any grant made under part Q of this title.'.
Subtitle B--FBI Act of 2007
SEC. 1201. SHORT TITLE.
This subtitle be cited as the `Full-strength Bureau Initiative Act of 2007' or the `FBI Act of 2007'.
SEC. 1202. FINDINGS.
Congress finds the following:
(1) Throughout its history, the FBI has been an integral part of anticrime investigatory efforts in the United States.
(2) Since September 11, 2001, the FBI has lost substantial capacity and willingness to fight violent crime.
(3) The FBI has reduced the goal of combating crime to number 8 of its top 10 priorities.
(4) To meet its primary goal of combating terrorism,
the FBI has reprogrammed nearly 1,000 agents from crime to
counterterrorism cases since September 11, 2001.
(5) While this reprogramming of agents to
counterterrorism is necessary and proper, it has had the unintended
consequence of precluding the FBI from adequately and satisfactorily
discharging its traditional anticrime efforts.
(6) The FBI's shift to counterterrorism has reduced the Bureau's involvement in traditional crime investigations, including--
(A) fewer agents to the successful High Intensity Drug Trafficking Area (HIDTA) task forces;
(B) fewer violent crime cases, as the Bureau has
reduced the number of agents committed to Federal-State-local task
forces like `Safe Streets' and Violent Crime Task Forces; and
(C) fewer agents handling bank robbery and white
collar crimes, which involve technical areas of investigative expertise
that State and locals often lack.
(7) In testimony before the Committee on the Judiciary
of the Senate, FBI Director Bob Mueller stated that the shortfall of
agents has `required difficult choices in determining how to most
effectively use the available agents'.
(8) This reprogramming has occurred at the same time
that Federal assistance for State and local law enforcement has been
decimated, including the elimination of the Office of Community
Oriented Policing Services hiring program and substantial cuts to the
Edward Byrne Memorial Justice Assistance Grant Program under part E of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3750 et seq.).
(9) Local police officials have decried this approach,
and the results are becoming apparent, with the largest crime increase
in 15 years according the 2005 Uniform Crime Reports.
(10) The preliminary Uniform Crime Reports for 2006,
reported in December, have shown further increases in violent crime
across the Nation.
(11) The FBI's traditional anticrime investigations
complement and assist investigations by State and local law enforcement
around the country.
(12) Through task forces and other more informal
assistance, the FBI over the years has brought an invaluable expertise
and resources to help state and local law enforcement in combating
traditional criminal enterprises.
(13) Even when factoring in assistance local law
enforcement has received from the Department of Homeland Security, the
International Association of Chiefs of Police has stated, `combined,
the proposed FY 2006 funding level for DoJ/DHS law enforcement
assistance programs is $2.158 B. This is a reduction of $1.467 B or 40%
from the combined FY 2005 level of $3.625 B. It represents a decrease
in $2.55 B or 54% from FY2004.'.
(14) The FBI has the ability and the mandate to focus both on countering terrorists plots and fighting traditional crime.
(15) There does not need to be a trade-off between
crime and terrorism, but this can only happen if the FBI is given the
manpower to be able to do both.
SEC. 1203. AUTHORIZATION FOR MORE AGENTS.
There are authorized to be appropriated $160,000,000 for
each of the fiscal years 2008 through 2012 to fund 1,000 Federal Bureau
of Investigations field agents in addition to the number of Federal
Bureau of Investigations field agents serving on the date of enactment
of this Act.
Subtitle C--Project to Protect America Act of 2007
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the `Project to Protect America Act of 2007'.
SEC. 1302. FINDINGS.
The Congress finds that--
(1) the system of compensation for Federal law
enforcement officers (in this section referred to as `FLEOs') must be
reformed in order to deal with recruitment, retention, and morale
problems associated with assignments to high-cost areas;
(2) as the Office of Personnel Management has
confirmed, limitations on premium pay are contributing to the pay
compression problem that, in turn, may be undermining the efficacy of
incentives designed to encourage FLEOs to assume greater supervisory
and managerial duties;
(3) the security of the Nation, as the report of the
National Commission on Terrorist Attacks Upon the United States
confirmed, depends on effective Federal law enforcement, which is
particularly true of large metropolitan areas that should be staffed
with FLEOs who are fairly compensated for their services;
(4) the combination of rising living costs and lagging
compensation threatens to worsen the significant recruitment and
retention problems already facing FLEOs;
(5) the problems described in paragraph (4) are
especially serious among law enforcement officers of the Federal Bureau
of Investigation, who--
(A) are recruited and subject to assignment nationwide and, upon assignment, are expected to adjust rapidly; and
(B) particularly in the case of those assigned to
high-cost areas, often experience significant difficulties in finding
adequate and affordable housing;
(6) the Office of Personnel Management should
experiment with innovative approaches to address compensation problems
in the Federal workforce and, in the case of FLEOs, should look to the
Department of Defense as a model for providing a reasonable housing
allowance to assist those assigned to high-cost areas; and
(7) as the Federal Bureau of Investigation implements
policies aimed at limiting the tenure of Supervisory Special Agents,
the need to retain skilled agents requires that retirement benefits be
protected from the adverse consequences of such personnel policies.
SEC. 1303. DEFINITIONS.
(1) AREA- The term `area' means a metropolitan statistical area within the continental United States.
(2) CONTINENTAL UNITED STATES- The term `continental
United States' means the several States of the United States and the
District of Columbia, but does not include Alaska or Hawaii.
(3) COVERED SPECIAL AGENT- The term `covered Special Agent' means an individual who--
(A) was a Special Agent of the Federal Bureau of Investigation;
(B) had completed not less than 3 years in field supervisory positions as of June 3, 2004;
(C) was transferred to a position at a lower pay
grade because that individual chose not to accept a transfer to an
equivalent or higher position within the Federal Bureau of
Investigation under the Field Office Supervisory Term Limit Policy
issued on June 3, 2004; and
(D) on or after June 3, 2004, is not reduced in pay grade or removed for performance or misconduct reasons.
(4) DEMONSTRATION PROJECT- The term `demonstration project' means the demonstration project established under section 1304(a).
(5) DIRECTOR- The term `Director' means the Director of the Office of Personnel Management.
(6) EMPLOYEE- The term `employee' has the meaning given that term in section 2105 of title 5, United States Code.
(7) ELIGIBLE EMPLOYEE- The term `eligible employee'--
(A) means an employee who holds a position--
(i) that is in or under the Federal Bureau of Investigation;
(I) is classified under chapter 51 of title 5, United States Code, as a GS-1811 position; or
(II) if the GS-1811 classification is
redesignated or abolished or the requirements for the GS-1811
classification are modified after the date of enactment of this Act,
meets the qualification requirements for the GS-1811 classification as
in effect--
(aa) on the date that assistance is to be provided under the demonstration project; or
(bb) on such date of enactment; and
(iii) in a high-cost area; and
(B) does not include an employee who is serving on
a temporary basis or a part-time career employment basis (as that term
is defined in section 3401 of title 5, United States Code) or who is a
reemployed annuitant under section 8344 or 8468 of title 5, United
States Code.
(8) HIGH-COST AREA- The term `high-cost area' means an area designated by the Director under section 1304(b)(1)(A).
(9) HOUSING COST DIFFERENTIAL- The term `housing cost
differential' means the difference in dollars between the monthly
housing costs for an area and the monthly housing costs for the
continental United States, as described in section 1304(b)(1)(A)(i).
(10) MANAGEMENT OFFICIAL- The term `management
official' has the meaning given that term in section 7103 of title 5,
United States Code.
SEC. 1304. HOUSING ALLOWANCE DEMONSTRATION PROJECT.
(a) Establishment- The Director shall establish a
demonstration project under which eligible employees will be paid a
basic housing allowance.
(b) Identification of High-Cost Areas-
(A) IN GENERAL- The Director shall designate an
area as a high-cost area for a fiscal year if, during the most recent
calendar year ending before the start of such fiscal year--
(i) the average monthly housing costs for that
area exceeded the average monthly housing costs for the continental
United States by not less than 10 percent; or
(ii) that area was 1 of the 10 areas within the
continental United States having the highest cost of living (identified
in such manner as the Director shall determine) and for which average
monthly housing costs exceeded the average monthly housing costs for
the continental United States.
(B) SAME DIFFERENTIAL COMPUTATION RULE APPLIES- The
Director shall determine the housing cost differential for any area
identified under subparagraph (A)(ii) in the same manner as described
in subparagraph (A)(i).
(2) ANNUAL DETERMINATIONS- The Director shall identify
high-cost areas for each fiscal year in which the Director carries out
the demonstration project.
(3) COSTS OF ADEQUATE HOUSING- The determination of
monthly housing costs under this subsection by the Director shall be
based on the costs of renting adequate housing typically borne by
individuals residing within the area involved who have income levels
comparable to those of eligible employees within the same area (taking
into account, with respect to eligible employees, only amounts payable
to such employees under title 5, United States Code).
(c) Basic Housing Allowance-
(1) IN GENERAL- The Director shall establish a basic
housing allowance payable to each eligible employee employed in a
high-cost area for each fiscal year in which the Director carries out
the demonstration project.
(2) AMOUNT- The amount of the basic housing allowance
for each high-cost area shall be equal to such amount as the Director
shall determine, except that--
(A) determinations under this paragraph shall be
made in a manner consistent with section 403(b) of title 37, United
States Code (relating to basic allowance for housing for members of the
uniformed services); and
(B) in no event may any such amount be less than
the housing cost differential determined under subsection (b)(1)(A) for
the area and fiscal year involved.
(3) MANNER OF PAYMENT- A basic housing allowance shall be payable at the same time and in the same manner as basic pay.
(4) NONREDUCTION RULE- The basic housing allowance
payable to an individual who continuously remains an eligible employee
within the same high-cost area may not be reduced by reason of any
fluctuations in housing costs.
(5) RULE OF CONSTRUCTION- Nothing in this subtitle may
be construed to permit or require any reduction in basic pay by reason
of the eligibility of an employee for or receipt of a basic housing
allowance.
(d) Applicability of Provisions Governing Demonstration
Projects Generally- The demonstration project shall be conducted in
accordance with section 4703 of title 5, United States Code, except
that such project shall not--
(1) be subject to the provisions of subsection (d)(1) of that section; and
(2) be considered in applying subsection (d)(2) of that section.
(e) Duration- The demonstration project--
(1) shall be conducted during the 5-year period
beginning on the first day of the first fiscal year beginning not less
than 30 days after the date of enactment of this Act; and
(2) may, subject to the availability of appropriations,
be extended by the Director for 1 or more additional 12-month periods
after the end of the 5-year period described in paragraph (1).
(f) Reporting Requirement-
(1) IN GENERAL- Not later than 90 days after the date
on which the demonstration project terminates, the Director shall
submit to Congress a report on the demonstration project.
(2) CONTENTS- The report submitted under paragraph (1) shall--
(A) specifically address the effect of the housing allowance on employee retention, recruitment, and morale;
(B) be based on appropriate data and comments
received from management officials, employees, and other interested
persons (including professional associations representing employees);
and
(C) include recommendations for any legislation that the Director considers appropriate.
SEC. 1305. ANNUITY PROTECTION.
For any covered Special Agent, the average pay for that
individual, for purposes of section 8331(4) or 8401(3) of title 5,
United States Code, as applicable, shall be the greater of--
(1) the average pay for that individual under the applicable section; or
(2) the amount to which that individual would have been
entitled under the applicable section had that individual remained in
the field supervisory position at the same grade and step until the
date of the retirement of that individual.
SEC. 1306. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out this subtitle.
Subtitle D--Drug Enforcement Special Agents Restoration Act of 2007
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the `Drug Enforcement Special Agents Restoration Act of 2007'.
SEC. 1402. FINDINGS.
(1) there is currently in place a hiring freeze at the
Drug Enforcement Administration (referred to in this subtitle as the
`DEA') that has no set end date;
(2) the DEA is losing approximately 160 agents each year due to attrition;
(3) fewer drug agents in the field inevitably lead to
fewer drug-related arrests and seizures, and decreased resources allow
drug trafficking organizations to operate more freely;
(4) drug trafficking money is used to fund terrorist activities; and
(5) the President's fiscal year 2008 budget request
under funds the DEA and does nothing to alleviate the agency's hiring
freeze.
SEC. 1403. ADDITIONAL DEA SPECIAL AGENTS.
(a) In General- There are authorized to be funded and hired
500 DEA special agents and 400 support personnel, as set forth in
subsection (b), to permit the agents to carry out their duties as
provided in subsection (b).
(b) Allocation- The agents and support personnel authorized by subsection (a) shall be allocated as follows:
(1) 400 special agents, including 50 Demand Reduction
Coordinators, assigned domestically with an additional 250 authorized
positions as domestic support staff to include intelligence analysts,
chemists, informational technology specialists, program analysts, and
technical and clerical experts.
(2) 100 special agents assigned internationally with an
additional 150 authorized positions as foreign support staff to include
intelligence analysts, program analyst, and technical and clerical
experts.
SEC. 1404. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to hire additional agents and personnel as provided in this subtitle--
(1) $200,000,000 for fiscal year 2008;
(2) $210,000,000 for fiscal year 2009; and
(3) $220,000,000 for fiscal year 2010.
Subtitle E--National Commission on Law Enforcement and the Administration of Justice Act of 2007
SEC. 1501. SHORT TITLE.
This subtitle may be cited as the `National Commission on Law Enforcement and the Administration of Justice Act of 2007'.
SEC. 1502. FINDINGS.
Congress finds the following:
(1) Since the attacks of September 11, 2001, local law
enforcement agencies have been required to undertake new and different
duties.
(2) These changes have required Federal, State, and
local law enforcement agencies to reexamine and redefine how they work
to combat terrorism by establishing new procedures for--
(A) collecting, analyzing, and sharing intelligence;
(B) how such agencies work together and with the private sector to protect critical infrastructure; and
(C) how to balance the protection of civil liberties and the prevention of terrorism attacks.
(3) The law enforcement community is still addressing ongoing concerns related to the criminal justice system.
(4) As a result of high-profile incidents involving use
of force, allegations of racial profiling, corruption, and instances of
unethical behavior by police officers and executives, many people in
the United States believe that these problems are widespread and deeply
rooted.
(5) The concerns of people in the United States
encompass not only law enforcement agencies, but all the participants
in the criminal justice system, including the courts, prosecutors, and
corrections and probation officials.
(6) For all of the components of the criminal justice
system to perform in an effective manner that ensures justice and leads
to orderly and peaceful communities, there must exist a trusting and
confident relationship with all people in every part of the United
States.
(7) In 1965, President Lyndon B. Johnson established
the Commission on Law Enforcement and Administration of Justice
recognizing, as he said, `the urgency of the nation's crime problem'.
(8) The Commission on Law Enforcement and
Administration of Justice labored for 18 months, producing 200 specific
recommendations involving Federal, State, tribal, and local
governments, civic organizations, religious institutions, business
groups, and individual citizens that were intended to create a safer
and more just society.
(9) The resulting report, titled `The Challenge of
Crime in a Free Society', marked the beginning of a sea change in the
methods for dealing with crime and the public in the United States and
built the framework for many of the exemplary programs that continue
today.
(10) There have been numerous advances in policing and
the administration of justice since that report, including community
policing and drug courts.
(11) It is in the interest of the Nation to establish a
commission to study the role of policing in United States society,
anticipate challenges in policing, and issue detailed recommendations
to Congress to ensure the safety and security of the people of the
United States, while advancing the civil liberties of the people of the
United States and the best interests of the people who serve as
Federal, State, and local law enforcement officials.
SEC. 1503. ESTABLISHMENT OF COMMISSION.
(a) Establishment- There is established the National
Commission on Law Enforcement and the Administration of Justice (in
this subtitle referred to as the `Commission').
(1) IN GENERAL- Not later than 60 days the date of
enactment of this Act, the Attorney General of the United States, in
consultation with State and local experts in law enforcement and the
administration of justice, shall appoint the members of the Commission.
(A) IN GENERAL- There shall be 20 members of the Commission.
(B) QUALIFICATIONS- An individual appointed to be a
member of the Commission shall have demonstrated expertise in policing,
counterterrorism, intelligence sharing, court administration, prison
management, prisoner reentry, drug treatment, or the protection of
civil liberties.
(C) NONPARTISAN BASIS- The Attorney General shall
appoint members of the Commission on a nonpartisan basis, with an equal
number of members from each of the 2 major political parties.
(3) PERIOD OF APPOINTMENT; VACANCIES- Members shall be
appointed for the life of the Commission. Any vacancy in the Commission
shall not affect its powers.
(4) INITIAL MEETING- Not later than 30 days after the
date on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(5) MEETINGS- The Commission shall meet at the call of the Chairperson.
(6) QUORUM- A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may hold
hearings.
(7) CHAIRPERSON AND VICE CHAIRPERSON- The Commission shall select a Chairperson and Vice Chairperson from among its members.
SEC. 1504. REPORT TO CONGRESS.
(a) In General- Not later than 1 year after the date on
which all members of the Commission have been appointed, the Commission
shall submit a detailed report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives.
(b) Contents- The report submitted under subsection (a) shall--
(A) practices and procedures that have been
particularly effective in policing during the period beginning on
January 1, 1966 and ending on the date of enactment of this Act;
(B) the challenges facing law enforcement, courts, prisons, and other components of the criminal justice system; and
(C) technological advances that may lead to the improvement of the administration of justice; and
(2) make detailed recommendations to best address the challenges identified by the Commission.
(c) Consultation- In preparing the report submitted under subsection (a), the Commission shall--
(1) consult with individuals and organizations working within and outside the criminal justice system; and
(2) ensure that every effort is made to include
individuals with the broadest possible perspective on the areas
reviewed by the Commission and obtain input from stakeholders,
including law enforcement officials, prosecutors, defense attorneys,
public defenders, probation officers, judges, prison officials,
prevention experts, city officials, and other experts involved in the
criminal justice system.
SEC. 1505. POWERS OF THE COMMISSION.
(a) Hearings- The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this
subtitle.
(b) Information From Federal Agencies- The Commission may
secure directly from any Federal department or agency such information
as the Commission considers necessary to carry out this subtitle. Upon
request of the Chairperson of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services- The Commission may use the United
States mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts- The Commission may accept, use, and dispose of gifts or donations of services or property.
SEC. 1506. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members- Each member of the Commission
who is not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses- The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(1) IN GENERAL- The Chairperson of the Commission may,
without regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional personnel as
may be necessary to enable the Commission to perform its duties. The
employment of an executive director shall be subject to confirmation by
the Commission.
(2) COMPENSATION- The Chairperson of the Commission may
fix the compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees- Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services- The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 1507. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the Commission submits its report under section 1504(a).
SEC. 1508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,000,000 to carry out this subtitle, to remain available until expended.
TITLE II--PREVENTING VIOLENT CRIME AND BREAKING THE CYCLE OF VIOLENCE
Subtitle A--Taking Care of Children
PART I--HEAD START
SEC. 2101. HEAD START ACT.
Section 639 of the Head Start Act (42 U.S.C. 9834) is amended by adding at the end the following:
`(c)(1) In addition to the other funds authorized to be
appropriated under this section, there is authorized to be appropriated
$120,000,000 for each of fiscal years 2008 through 2012 to provide--
`(A) Early Head Start services under section 645A; and
`(B) Head Start services under this subchapter for
children (age 3 to compulsory school attendance) whose families meet
the low-income criteria of section 645(a)(1)(A).
`(2) The purpose of paragraph (1) is to increase the number
of children in a safe environment who are prepared by teachers who meet
the requirements of section 648A to succeed in elementary and middle
school.'.
PART II--CHILD ABUSE PREVENTION AND TREATMENT
SEC. 2111. CHILD ABUSE PREVENTION AND TREATMENT ACT.
(a) State Child Protective Services and Community-Based
Prevention Services- Section 112 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106h) is amended by adding at the end the
following:
`(c) In addition to the other funds authorized to be
appropriated under this section, there is authorized to be appropriated
$200,000,000 for each of fiscal years 2008 through 2012 to improve the
child protective services systems of the States through grants made
under section 106.'.
(b) Community Based Grants for the Prevention of Child
Abuse and Neglect- Section 210 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5116i) is amended--
(1) by inserting `(a) In General- ' before `There'; and
(2) by adding at the end the following:
`(b) In addition to the other funds authorized to be
appropriated under this section, there is authorized to be appropriated
$200,000,000 for each of fiscal years 2008 through 2012 to carry out
community-based services for the prevention of child abuse and neglect
through grants made under section 201(b).'.
(c) Parent Education and Counseling Services,
Family-Strengthening Services, and Adoption Services- Section 210 of
the Child Abuse Prevention and Treatment Act, as amended by subsection
(a)(2), is further amended by adding at the end the following:
`(c) In addition to the other funds authorized to be
appropriated under this section, there is authorized to be appropriated
$545,000,000 for providing parent education and counseling services and
family-strengthening services, and referral to and counseling for
adoption services, through grants made under section 201(b).'.
SEC. 2112. AFTER-SCHOOL PROGRAMS.
Section 299(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671(a)) is amended by adding at the
end the following:
`(8) In addition to any other amounts authorized to be
appropriated by this subsection, an additional $120,000,000 is
authorized to be appropriated for each of the fiscal years 2008 through
2012 for after-school programs providing a healthy mentoring and a safe
environment as an alternative to juvenile crime under section
223(a)(9)(P).'.
SEC. 2113. COMMUNITY PREVENTION.
Section 506 of the Incentive Grants for Local Delinquency Prevention Programs Act (42 U.S.C. 5785) is amended by--
(1) striking `To carry' and inserting the following:
`(a) In General- To carry'; and
(2) inserting at the end the following:
`(b) Community Prevention- In addition to amounts
authorized to be appropriated by this section, an additional
$120,000,000 is authorized to be appropriated for each of the fiscal
years 2008 through 2012 for programs supporting early childhood
development, in-home parent coaching, after-school activities,
mentoring, and tutoring programs, as well as drop-out, gang, and
substance abuse prevention programs.'.
SEC. 2114. EFFECTIVE JUVENILE JUSTICE INTERVENTION PROGRAMS.
Section 299(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5671(a)) is amended by adding at the
end the following:
`(9) In addition to any other amounts authorized to be
appropriated by this subsection for title II, an additional
$120,000,000 is authorized to be appropriated for each of the fiscal
years 2008 through 2012 for formula grants under title II.'.
SEC. 2115. SAFE AND HEALTHY TRIBAL COMMUNITIES.
Section 1801A of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ee-1) is amended by adding at
the end the following:
`(e) Additional Authorization- In addition to any other
amounts authorized to be appropriated by this title for this section,
an additional $20,000,000 is authorized to be appropriated for each of
the fiscal years 2008 through 2012 for grants pursuant to this section
to Indian tribes for culturally appropriate programs to prevent youth
crime, strengthen tribal juvenile justice, and hold tribal youth
accountable.'.
SEC. 2116. STRENGTHENING TRIBAL LAW ENFORCEMENT AND COURTS.
Section 201(d) of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3681(d)) is amended by--
(1) striking `For purposes' and inserting the following:
`(1) IN GENERAL- For purposes'; and
(2) inserting at the end the following:
`(2) TRIBAL COURTS ASSISTANCE PROGRAM- In addition to
amounts authorized to be appropriated by this subsection, an additional
$20,000,000 is authorized to be appropriated for each of the fiscal
years 2008 through 2012 for programs authorized by this section.'.
PART III--IMPROVEMENTS TO THE STRENGTHENING ABUSE AND NEGLECT COURTS ACT OF 2000
SEC. 2131. IMPROVEMENTS TO THE STRENGTHENING ABUSE AND NEGLECT COURTS ACT OF 2000.
Section 6 of the Strengthening Abuse and Neglect Courts Act of 2000 (Public Law 106-314; 42 U.S.C. 670 note) is amended--
(1) in the caption, by striking `in underserved areas' and inserting `to serve children over-represented in foster care';
(A) in paragraph (1), by inserting before the
semicolon `to serve children who are significantly over-represented in
foster care';
(B) by striking paragraph (2) and inserting the following:
`(2) expanding the recruitment of volunteers,
particularly to serve populations of children who are significantly
over-represented in foster care; and'; and
(C) in paragraph (3), by inserting before the
semicolon `that serve children who are significantly over-represented
in foster care';
(3) in subsection (d), by striking `$5,000,000 for the
period of fiscal years 2001 and 2002' and inserting `$8,000,000 for
each of the fiscal years 2008 through 2011'; and
(4) by inserting at the end the following:
`(e) Nonsupplantation- Funds authorized and appropriated
under this Act shall supplement, not supplant, existing funds otherwise
available for court-appointed special advocate programs and
activities.'.
PART IV--SAFE BABIES ACT OF 2007
SEC. 2141. SHORT TITLE.
This part may be cited as the `Safe Babies Act of 2007'.
SEC. 2142. FINDINGS.
The Congress finds as follows:
(1) Children three years of age and younger have the
highest rates of victimization. Infants and toddlers are twice as
likely as all other children to become victims of child maltreatment.
Children ages three and younger are also 32 percent more likely to be
placed in foster care than children ages four to eleven. Once placed in
foster care, children three years of age and younger are more likely
than older children to be abused and neglected, and they tend to stay
in foster care longer than older children.
(2) Infants and toddlers are the most vulnerable to the
effects of maltreatment. Research shows that young children who have
experienced physical abuse have lower social competence, show less
empathy for others, and have difficulty recognizing others' emotions.
They are also more likely than children who have not been maltreated to
have deficits in IQ scores, language ability, and school performance.
(3) Research shows that the human brain has achieved 80
to 85 percent of its adult size by the age of three. During those early
years, the brain is developing the vast majority of its basic capacity,
the development of which can determine future achievement or failure.
Therefore, infants and toddlers in foster care are spending the most
critical developmental period in situations that may be detrimental to
healthy growth and development.
(4) Children under the age of four account for 81
percent of child fatalities, and children under the age of one account
for 45 percent of such fatalities.
(5) Child welfare systems are not meeting the needs of
the children who rely on public intervention to protect them. In the
Child and Family Service Reviews for fiscal years 2003 and 2004, the
Administration for Children and Families revealed that, of 19 States
studied for performance on Child and Family Services Review indicators,
none of the States achieved all of the specified outcomes, and all of
the States failed to meet the outcome related to the provision of
physical and mental health services to children in foster care.
(6) Judges can be powerful catalysts for change in the
way communities address the needs of maltreated infants and toddlers. A
groundbreaking project in the Juvenile Division of the Eleventh
Judicial Circuit of Florida has combined the leadership of a family
court judge with expertise in early childhood development. This ground
breaking collaboration is ensuring that infants and toddlers receive
the services they need. Mental health and parenting intervention
services are provided for parents and children together. Initial
results are promising in terms of eliminating further abuse and neglect
and promoting safety and well-being through timely permanent placements.
SEC. 2143. COURT TEAMS.
Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by redesignating part F as part K; and
(2) by inserting after part E the following new part:
`PART F--COURT TEAMS
`SEC. 271. COURT TEAMS PROGRAM AUTHORIZED.
`(a) Grant Authorized- The Administrator shall award a grant to a national early childhood development organization to--
`(1) establish a National Court Teams Resource Center to--
`(A) promote the well-being of maltreated infants
and toddlers and their families (including the special problems created
by substance abuse, particularly methamphetamine abuse);
`(B) help prevent the recurrence of abuse and neglect of children; and
`(C) promote timely reunification of families or
other successful permanency outcomes for maltreated infants and
toddlers in foster care; and
`(2) select, and provide assistance to, local Court Teams created to achieve the goals described in paragraph (1).
`(b) Grant Duration- The grant awarded under this part
shall be for a period of 5 years, and shall be renewable at the
discretion of the Administrator.
`SEC. 272. ELIGIBILITY; APPLICATION; SELECTION OF GRANTEE.
`(a) Eligibility- To be eligible to receive the grant
described in section 271, an entity shall be a national early childhood
development organization, as defined in section 276, that has--
`(1) specific expertise in the development of infants and toddlers;
`(2) experience in incorporating the expertise
described in paragraph (1) into the judicial system to promote change
in the way courts address cases involving maltreated infants and
toddlers in foster care; and
`(A) to establish and maintain the National Court Teams Resource Center described in section 273; and
`(B) to support the implementation and activities of local Court Teams by providing the assistance required under this part.
`(b) Application- An entity desiring to receive the grant
described in section 271 shall submit an application to the
Administrator, at such time, in such manner, and containing such
information as the Administrator may require. Such application shall--
`(1) describe the expertise of the entity in infant and
toddler development, including any experience relevant to the ability
of the entity to oversee the implementation of local Court Teams, and
the capacity of the entity to provide assistance to local Court Teams;
`(2) include a detailed plan describing how the entity
will establish and maintain the National Court Teams Resource Center,
and how the entity will carry out the activities of such Center, as
described in section 273; and
`(3) explain the process the entity will use to select
local Court Teams to receive assistance under this part, including an
assurance that the entity will give priority to applications that--
`(A) demonstrate the commitment of--
`(i) at least one qualified judge to lead the local Court Team and serve as Judicial Leader of the Court Team; and
`(ii) community agencies serving maltreated
infants and toddlers and their families in such jurisdiction to
participate in the local Court Team;
`(B) describe the population of maltreated infants
and toddlers in the community within the jurisdiction of the court over
which the qualified judge presides, including--
`(i) any problems contributing to the placement
of maltreated infants and toddlers under the supervision of the court
(including the impact of parental substance abuse, and particularly
methamphetamine abuse); and
`(ii) any challenges faced by the court in
making decisions that are in the best interests of such maltreated
infants and toddlers; and
`(C) describe how the local Court Team will carry out the activities required under section 274;
`(4) demonstrate the ability to meet the all selection criteria, including--
`(A) special expertise in the developmental needs of children three years of age and younger;
`(B) a demonstrated record of providing resources
to parents and other caregivers regarding the healthy growth and
development of their children;
`(C) a demonstrated record of providing resources
for practitioners in the fields of child development, early child care
and education, family support, pediatrics, child welfare, and mental
health;
`(D) extensive knowledge about how exposure to
violence (including domestic violence, community violence, and child
maltreatment) influences the growth and development of infants and
toddlers;
`(E) a documented history of collaboration with
public and private sector groups working to improve the lives of
maltreated infants and toddlers, including collaboration with judges at
the local level;
`(F) the capacity to analyze child welfare policy
at the local, State, and national levels and to offer research-based
solutions to the problems confronting child welfare systems across the
country; and
`(G) the ability to manage multiple complex
national resource centers and related activities, including strategic
planning, team building, infrastructure development, training for
multidisciplinary professionals at all levels, materials development
for multiple audiences in a variety of formats, and conference planning
and delivery at the local, State, regional, and national levels; and
`(5) include any other information the Administrator
may require, including any assurance required by the Administrator that
the entity, if selected, will give special consideration to
applications that have a significant number of child welfare cases in
the jurisdiction of the court over which the qualified judge presides
in which substance abuse, and particularly methamphetamine abuse, is
involved.
`(c) Selection of Grantee- In considering grant
applications under this part, the Administrator shall select the
national early childhood development organization that demonstrates--
`(1) the greatest ability to satisfy the criteria described in subsection (b)(4); and
`(2) the most extensive experience in addressing the
needs of abused and maltreated infants and toddlers through training
and technical assistance provided to judges, multidisciplinary
professionals and community leaders.
`SEC. 273. NATIONAL COURT TEAMS RESOURCE CENTER.
`(a) General Activities- The national early childhood
development organization receiving the grant authorized under section
271 shall establish and maintain a National Court Teams Resource
Center, which shall carry out the following activities:
`(1) Develop a process for selecting, and select, local Court Teams to receive assistance under this part.
`(2) Develop materials to guide qualified judges in the
decision-making process regarding maltreated infants and toddlers, and
to train members of local Court Teams and others in the community
regarding the appropriate care of maltreated infants and toddlers,
including the importance of--
`(A) stable foster care placements;
`(B) frequent parent-child visitation;
`(C) reduction of the recurrence of abuse and neglect;
`(D) improving health and well-being; and
`(E) timely permanent placement.
`(3) Conduct national meetings and training sessions for local Court Teams.
`(4) Develop a database that shall be--
`(A) available to each local Court Team to track such Court Team's progress; and
`(B) used by the National Court Teams Resource
Center to facilitate evaluation of the local Court Teams receiving
assistance under this part.
`(5) Provide information to communities and courts
around the country seeking to adopt the Court Teams approach, including
information related to--
`(A) the incorporation of knowledge about infant
and toddler development into the resolution of cases by judges with
jurisdiction over children in foster care; and
`(B) methods to change State and local government
systems for addressing the needs of infants and toddlers in the foster
care, and their families.
`(6) Any other activity necessary to provide the assistance required under subsection (b).
`(b) Assistance to Local Court Teams- Assistance provided
to local Court Teams by the National Court Teams Resource Center shall
include--
`(1) providing direction, coordination, and oversight of the implementation of local Court Teams, as needed;
`(2) providing a Local Community Coordinator for each local Court Team, who shall--
`(A) be selected by the National Court Teams
Resource Center after consultation with the Judicial Leader of the
local Court Team;
`(B) serve as a resource of child development expertise for the local Court Team; and
`(C) promote coordination (in the jurisdiction of the court over which the Judicial Leader presides) between--
`(i) community agencies that serve children; and
`(ii) providers of resources to support maltreated infants and toddlers;
`(3) providing training and technical assistance to local Court Teams, including--
`(A) individual consultation on site, through telephone conversations, and through responses to emailed information requests;
`(B) networking assistance and facilitation of
telephone conference calls among Judicial Leaders and local Court Team
members in different jurisdictions to discuss issues of common concern;
`(C) development and dissemination of training
materials, including fact sheets, template forms, and sample
operational materials developed by local Court Teams; and
`(D) training for local Court Teams related to--
`(i) the impact of abuse and neglect on infants and toddlers; and
`(ii) improved decision-making by courts
regarding maltreated infants and toddlers to reduce the recurrence of
abuse and neglect and improve developmental outcomes; and
`(4) organizing local training for community members of
jurisdictions in which local Court Teams are located, which shall
relate to the particular needs of infants and toddlers exposed to
maltreatment and trauma, including topics such as--
`(A) general infant and toddler development;
`(B) the impact of abuse and neglect on development;
`(C) a relationship-based mental health intervention model for parents and children together;
`(D) best-practices in family interactions;
`(E) evidence-based parenting interventions; and
`(F) services available to foster children in the community.
`SEC. 274. LOCAL COURT TEAMS.
`(a) Application- An entity desiring to receive the
assistance for local Court Teams made available under this part shall
submit an application to the National Court Teams Resource Center at
such time, in such manner, and containing such information as the
National Court Teams Resource Center may require.
`(b) Eligibility- To be eligible to receive assistance under this part, a local Court Team shall be comprised of--
`(1) a Judicial Leader, who shall be a qualified judge,
and who shall lead and oversee the implementation and ongoing
activities of the local Court Team;
`(2) a Local Community Coordinator, selected and
provided by the National Court Teams Resource Center in accordance with
section 273(b)(2); and
`(3) no fewer than six key stakeholders who--
`(A) are members of the community in which the local Court Team is located;
`(B) are committed to working to restructure the
way the jurisdiction responds to the needs of maltreated infants and
toddlers; and
`(C) represent a variety of individuals involved
with the care of maltreated infants and toddlers, which may include
pediatricians, child welfare workers, attorneys, court-appointed
special advocates, mental health professionals, substance abuse
treatment providers, Early Head Start and child care providers, Court
Improvement Program staff, and any other individuals who are involved
in the care of maltreated infants and toddlers.
`(c) Required Use of Assistance- A local Court Team shall
use any assistance received under this part to carry out the following
activities:
`(1) Conducting monthly case reviews of each case
handled by the local Court Team, in which all individuals and
organizations involved in a case meet to review progress in such case,
and to monitor and track referral to, delivery of, and barriers
against, services for maltreated infants and toddlers and their
families.
`(2) Incorporating child-focused services into case
plans for maltreated infants and toddlers, including services such as
medical, developmental, and mental health interventions and, as
appropriate, services for children and parents together.
`(3) Organizing the provision of local training
(provided by the National Court Teams Resource Center) to community
members of the jurisdiction in which the local Court Team is located,
including court officials, child welfare agencies, attorneys, Guardians
Ad Litem, court-appointed special advocates, and other individuals and
organizations providing services to infants and toddlers in foster care.
`(4) Identifying areas in the community in need of
improved mental health and substance abuse treatment, and assisting the
National Court Teams Resource Center in improving mental health
treatment for parents and children together, and substance abuse
treatment for families (including mothers and children), as needed.
`(5) Utilizing resource materials disseminated by the
National Court Teams Resource Center to guide judges in the
decision-making process regarding maltreated infants and toddlers, and
to provide training for Court Team members.
`(6) Participating in the national evaluation conducted
by the Administrator in accordance with section 275, to determine the
extent to which the activities of the local Court Team reduce the
recurrence of abuse and neglect and improve health and developmental
outcomes for maltreated infants and toddlers.
`(d) Permissible Use of Assistance- A local Court may use
the assistance received under this part to carry out the following
activities:
`(1) Developing processes for responding to parental substance abuse, such as--
`(A) coordinating with local law enforcement
agencies to allow rapid response teams to intervene quickly on behalf
of infants and toddlers who are identified by law enforcement personnel
as being present during illegal activities related to methamphetamines
or other illegal substances; and
`(B) establishing and maintaining relationships
with substance abuse treatment programs to increase access to treatment
for parents of maltreated infants and toddlers.
`(2) Identifying the areas in the community in need of
early childhood mental health services, and assisting the National
Court Teams Resource Center in providing relationship-based early
childhood mental health services by providing training on parent-child
psychotherapy to mental health providers.
`(3) Any other activities that help meet the needs and
improve the health and developmental outcomes of maltreated infants and
toddlers in foster care.
`SEC. 275. EVALUATIONS AND REPORTS.
`(a) Evaluation Form- Not later than 6 months after the
date of the enactment of this Act, the National Court Teams Resource
Center shall create, and distribute to each local Court Team, an
evaluation form that shall be used to periodically collect any data
from local Court Teams that the National Court Teams Resource Center
determines may be relevant to the reports required by subsection (b).
`(b) Reports to Congress by the Administrator- At the end
of the three-year period beginning on the date of the enactment of this
Act, and again at the end of the five-year period beginning on such
date of enactment, the Administrator shall--
`(1) compile the data collected in the periodic evaluation forms completed by each local Court Team;
`(2) conduct a national evaluation of Court Teams, based on such compilation of data; and
`(3) report to Congress on the effectiveness of Court Teams, including the extent to which local Court Teams are--
`(A) improving access to services for maltreated infants and toddlers;
`(B) reducing the recurrence of abuse and neglect;
`(C) promoting permanent placements of maltreated infants and toddlers; and
`(D) improving the developmental outcomes for maltreated infants and toddlers who have been in foster care.
`SEC. 276. DEFINITIONS.
`For the purposes of this part:
`(1) COURT-APPOINTED SPECIAL ADVOCATE- The term
`court-appointed special advocate' means an individual who is trained
by a recognized court-appointed special advocate program and appointed
by a court to advocate for the best interests of children who come into
the court system primarily as a result of abuse or neglect.
`(2) COURT IMPROVEMENT PROGRAM- The term `Court
Improvement Program' means a program authorized under section 438 of
the Social Security Act (42 U.S.C. 629h).
`(3) GUARDIAN AD LITEM- The term `Guardian Ad Litem'
means an attorney or court-appointed special advocate who is appointed
by a court to advocate for the best interests of children who come into
the court system primarily as a result of abuse or neglect.
`(4) MALTREATED INFANT OR TODDLER- The term `maltreated
infant or toddler' means any child three years of age or younger who is
the victim of a substantiated case of physical abuse, neglect, medical
neglect, sexual abuse, or emotional abuse.
`(5) NATIONAL EARLY CHILDHOOD DEVELOPMENT ORGANIZATION-
The term `national early childhood development organization' means a
national, private, nonprofit organization--
`(A) that is dedicated to supporting the healthy development and well-being of infants, toddlers, and their families; and
`(B) that has the capacity for research, training,
information dissemination, and leadership development in all of the
professional disciplines related to infants and toddlers three years of
age and younger.
`(6) QUALIFIED JUDGE- The term `qualified judge' means
a judge who presides over a court that has jurisdiction over children
in foster care, such as a judge for a dependency court or family
court.'.
SEC. 2144. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended--
(A) in the header, by striking `Parts C and E)' and inserting `Parts C, E, and F)'; and
(B) in paragraph (2), by striking `parts C and E)' and inserting `parts C, E, and F)';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new subsection:
`(d) Authorization of Appropriations for Part F- There are
authorized to be appropriated to carry out part F, $5,000,000 for each
of fiscal years 2008, 2009, 2010, 2011, and 2012.'.
Subtitle B--Gang Abatement and Prevention Act of 2007
SEC. 2201. SHORT TITLE.
This subtitle may be cited as the `Gang Abatement and Prevention Act of 2007'.
SEC. 2202. FINDINGS.
(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.
PART I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT
VIOLENT NATIONAL, INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT
INTERSTATE AND FOREIGN COMMERCE
SEC. 2221. REVISION AND EXTENSION OF PENALTIES RELATED TO CRIMINAL STREET GANG ACTIVITY.
(a) In General- Chapter 26 of title 18, United States Code, is amended to read as follows:
`CHAPTER 26--CRIMINAL STREET GANGS
`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.
`Sec. 521. Definitions
`(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'.
PART II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE
SEC. 2241. 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';
(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. 2242. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME.
(a) In General- Part D of the Controlled Substances Act (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. 2243. 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. 2244. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.
(a) In General- Chapter 213 of title 18, United States Code, is amended by adding at the end the following:
`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. 2245. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.
The Judicial Conference of the United States shall study
the necessity and desirability of amending section 804(b) of the
Federal Rules of Evidence to permit the introduction of statements
against a party by a witness who has been made unavailable where it is
reasonably foreseeable by that party that wrongdoing would make the
declarant unavailable.
SEC. 2246. 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. 2247. 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. 2248. 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. 2249. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL PENALTIES.
The Attorney General is authorized to conduct media
campaigns in any area designated as a high intensity gang activity area
under section 2261 and any area with existing and emerging problems
with gangs, as needed, to educate individuals in that area about the
changes in criminal penalties made by this subtitle, and shall report
to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives the amount of
expenditures and all other aspects of the media campaign.
SEC. 2250. 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. 2251. 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. 2252. 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. 2253. 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. 2254. INTERSTATE TAMPERING WITH OR RETALIATION AGAINST A WITNESS, VICTIM, OR INFORMANT IN A STATE CRIMINAL PROCEEDING.
(a) In General- Chapter 73 of title 18, United States Code, is amended by inserting after section 1513 the following:
`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).
`(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.';
(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. 2255. 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 part and the amendments made by this part.
(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 part and the amendments made by this part;
(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 part and the amendments made
by this part; 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 part and the
amendments made by this part;
(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 part or the amendments made by this
part shall run consecutively to any other sentence of imprisonment
imposed for any other crime, except that the Commission shall ensure
that a sentence of imprisonment imposed under section 424 of the
Controlled Substances Act (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.
PART III--INCREASED FEDERAL RESOURCES TO DETER AND
PREVENT SERIOUSLY AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND
FOR OTHER PURPOSES
SEC. 2261. DESIGNATION OF AND ASSISTANCE FOR HIGH INTENSITY GANG ACTIVITY AREAS.
(a) Definitions- In this section:
(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
subtitle or the amendments made by this subtitle. 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. 2262. GANG PREVENTION GRANTS.
(a) Authority To Make Grants- The Office of Justice
Programs of the Department of Justice may make grants, in accordance
with such regulations as the Attorney General may prescribe, to States,
units of local government, tribal governments, and qualified private
entities, to develop community-based programs that provide crime
prevention, research, and intervention services that are designed for
gang members and at-risk youth.
(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.
(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. 2263. 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. 2264. 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. 2265. 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. 2266. 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. 2267. 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.
(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. 2268. SHORT-TERM STATE WITNESS PROTECTION SECTION.
(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.
`(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.'.
(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.
(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.
(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. 2269. 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. 2270. 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. 2271. 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. 2272. 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 subtitle or the amendments made by this
subtitle.
SEC. 2273. 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. 2274. 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.
PART IV--CRIME PREVENTION AND INTERVENTION STRATEGIES
SEC. 2281. 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. 2282. 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. 2283. 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 2284(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. 2284. 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.
(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)).
(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.
(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.
(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--
(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-
(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 2285.
(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 2285, the
Commission shall collect the results of the study of the effectiveness
of that grant under section 2285(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 2285 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 2285 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
2285, 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 2285, 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 2285(b)(3) for that strategy;
(E) the results of the effectiveness study conducted under section 2285(b)(3) for that strategy;
(F) lessons learned regarding implementation of
that strategy or of the effectiveness study conducted under section
2285(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.
(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.
(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. 2285. 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.
(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 2284(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 2284(f) shall be
considered.
(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $18,000,000 to carry out this subsection.
(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.
Subtitle C--School Safety and Student Protection Act of 2007
SEC. 2301. SHORT TITLE.
This subtitle may be cited as the `School Safety and Student Protection Act of 2007'.
SEC. 2302. BULLYING PREVENTION POLICIES, PROGRAMS, AND STATISTICS.
(a) State Application- Section 4113(a) of such Act (20 U.S.C. 7113(a)) is amended--
(A) in subparagraph (C), by striking `and' at the end;
(B) by redesignating subparagraph (D) as subparagraph (F); and
(C) by inserting after subparagraph (C) (as amended by subparagraph (A)) the following:
`(D) the incidence and prevalence of reported incidents of bullying;
`(E) the perception of students regarding their
school environment, including with respect to the prevalence and
seriousness of incidents of bullying and the responsiveness of the
school to those incidents; and'.
(2) in paragraph (18), by striking `and' at the end;
(3) by redesignating paragraph (19) as paragraph (20);
(4) by inserting after paragraph (18) (as amended by paragraph (2)) the following:
`(19) provides an assurance that the State educational
agency will provide assistance to local educational agencies and
schools in their efforts to prevent and appropriately respond to
incidents of bullying, and describes how the State educational agency
will meet the requirements of this paragraph; and'.
(b) Local Educational Agency Program Application- Section 4114(d) of such Act (20 U.S.C. 7114(d)) is amended--
(1) in paragraph (2)(B)(i)--
(A) in the matter preceding subclause (I), by striking the semicolon and inserting a comma;
(B) in subclause (I), by striking `and' at the end; and
(C) by adding at the end the following:
`(III) performance indicators for bullying prevention programs and activities; and'; and
(A) in subparagraph (A), by inserting `, including bullying' after `disorderly conduct';
(B) in subparagraph (D), by striking `and' at the end; and
(C) by adding at the end the following:
`(F) annual notice to parents and students
describing the full range of prohibited conduct contained in the
discipline policies described in subparagraph (A); and
`(G) complaint procedures for students or parents
who seek to register complaints regarding conduct prohibited by the
discipline policies described in subparagraph (A), including--
`(i) the name of the school or local
educational agency officials who are designated with the responsibility
for receiving such complaints; and
`(ii) timelines that the school or local educational agency will follow to resolve such complaints;'.
(c) Authorized Activities- Section 4115(b)(2) of such Act (20 U.S.C. 7115(b)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (vi), by striking `and' at the end;
(B) in clause (vii), by striking the period at the end and inserting `; and'; and
(C) by adding at the end the following:
`(viii) teach students about the consequences of bullying.'; and
(2) in subparagraph (E), by adding at the end the following:
`(xxiii) Programs that address the causes of
bullying and that train teachers, administrators, and counselors
regarding strategies to prevent bullying and to effectively intervene
when bullying incidents occur.'.
(1) DRUG VIOLENCE AND PREVENTION- Paragraph (3)(B) of
section 4151 of such Act (20 U.S.C. 7161) is amended by inserting
`bullying,' after `sexual harassment and abuse,'.
(2) PROTECTIVE FACTOR, BUFFER, OR ASSET- Paragraph (6)
of section 4151 of such Act is amended by inserting `, including
bullying,' after `violent behavior'.
(3) RISK FACTOR- Paragraph (7) of section 4151 of such
Act is amended by inserting `, including bullying,' after `violent
behavior'.
(4) BULLYING AND VIOLENCE- Section 4151 of such Act is further amended--
(A) by redesignating paragraphs (1) through (11) (as amended by paragraphs (1) through (3)) as paragraphs (2) through (12);
(B) by inserting before paragraph (2) (as redesignated by subparagraph (A)) the following:
`(1) BULLYING- The term `bullying' means any
intentional written, electronic, verbal, or physical act or actions
against another student that a reasonable person under the
circumstances knows will have the effect of--
`(A) placing a student in reasonable fear of
substantial harm to the student's emotional or physical well-being or
substantial damage to the student's property;
`(B) creating a hostile, threatening, humiliating,
or abusive educational environment due to the pervasiveness or
persistence of actions or due to a power differential between the bully
and the target;
`(C) interfering with a student having a safe
school environment that is necessary to facilitate educational
performance, opportunities, or benefits; or
`(D) perpetuating such conduct by inciting,
soliciting, or coercing an individual or group to demean, dehumanize,
embarrass, or cause emotional, psychological, or physical harm to
another person.'; and
(C) by adding at the end the following:
`(13) VIOLENCE- The term `violence' includes bullying.'.
(e) Effect on Other Laws-
(1) AMENDMENT- The Safe and Drug-Free Schools and
Communities Act (20 U.S.C. 7101 et seq.) is amended by adding at the
end the following:
`SEC. 4156. EFFECT ON OTHER LAWS.
`(a) Federal and State Nondiscrimination Laws- Nothing in
this part shall be construed to alter legal standards regarding, or
limit rights available to victims of, bullying under other Federal or
State laws, including title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20
U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), or the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
`(b) Free Speech and Expression Laws- Nothing in this part
shall be construed to alter legal standards regarding, or affect the
rights available to individuals under, other Federal laws that
establish protections for freedom of speech and expression.'.
(2) CLERICAL AMENDMENT- The table of contents of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)
is amended by adding after the item relating to section 4155 the
following:
`Sec. 4156. Effect on other laws.'.
Subtitle D--Civic Justice Corps Demonstration Act of 2007
SEC. 2401. SHORT TITLE.
This subtitle may be cited as the `Civic Justice Corps Demonstration Act of 2007'.
SEC. 2402. PURPOSE.
The purpose of this subtitle is to provide competitive
grants for community service programs modeled after the Civic Justice
Corps programs for 16 through 25 year-olds who are court-involved, were
previously incarcerated, or who are otherwise economically or
educationally disadvantaged.
SEC. 2403. DEFINITIONS.
In this subtitle, the term `eligible entity' means a nonprofit organization or a unit of local government.
SEC. 2404. GRANTS AUTHORIZED.
The Attorney General is authorized to make grants under
this subtitle to establish and support community service programs in
accordance with the purpose of the subtitle for a period of 5 years.
SEC. 2405. APPLICATION PROCESS.
(a) In General- An eligible entity shall submit an
application to the Attorney General, who shall strive to achieve
geographic balance in the allocation of funds.
(b) Criteria- The Attorney General shall specify the
information to be contained in the application, but successful
applicants shall demonstrate the ability to meet the following criteria:
(1) Implement a process to recruit and enroll 16
through 25 year-old court-involved, previously incarcerated, or
otherwise economically or educationally disadvantaged young people.
(2) Provide intensive support services to meet work and
non-work related needs of court-involved participants, including
reentry and aftercare issues.
(3) Engage participants in a diploma-granting or credential-providing education program.
(4) Engage court-involved youth in team-based community service projects.
(5) Provide participants the opportunity to secure additional training and education.
(6) Develop appropriate post-program placement and
support services focused on employment preparation and
education/training specifically leading to employment in high-growth
industries.
(7) Collect data on a regular basis and use a data-based management decision-making process driven by results.
(8) Develop a sustainability plan.
(c) Additional Requirements- The application shall include evidence that the applicant has--
(1) a clearly identified local need;
(2) established relationships with justice agencies,
employers, support services providers, education entities, and the
workforce development system, and ability to form relationships with
these entities;
(3) established education programming with a preference
for granting high school diplomas (or access to GED preparation and/or
credentialed programs for those not able to obtain diplomas);
(4) established a career preparation and life and work
skill development program, including the ability to create pathways
from service in the Civic Justice Corps program to enrollment in
college/community college to enrollment in a pre-apprenticeship or
apprenticeship or job;
(5) an ability to provide effective services and
support for alternative sentencing programs utilizing appropriate
balanced and restorative justice principles;
(6) an ability to engage in staff development designed
to focus on the special needs of court-involved, previously
incarcerated and disadvantaged young people (including sobriety,
housing, transportation, lack of work experience) and providing the
intensive services necessary to accommodate a successful transition to
the Civil Justice Corps program;
(7) an ability to provide high quality service projects
that meet unmet community needs, including projects supporting energy
conservation, environmental restoration, renovation of substandard
housing, disaster prevention, relief and recovery, education, human
services, and health care; and
(8) developed a sustainability plan.
SEC. 2406. REPORTS AND EVALUATION.
(a) Report- An eligible entity receiving a grant awarded
under this subtitle shall submit a report annually to the Attorney
General at such time, in such manner, and providing such information as
the Attorney General may require.
(b) Evaluation- The Attorney General shall provide for an
external study and evaluation of the grants awarded under this subtitle
that shall--
(1) include an analysis and documentation of the
strategies implemented and the key lessons learned related to program
design, systems coordination, and implementation;
(2) measure the outcomes, and progress toward the
outcomes, of the strategies implemented in terms of enrollment,
educational achievement, participation rates, recidivism, post-program
retention, employment and entering post-secondary education;
(3) document the incremental progress of young people over time on the measures above; and
(4) begin at the initiation of the grants to the eligible entities.
SEC. 2407. BEST PRACTICES.
(a) In General- The Attorney General shall--
(1) provide technical assistance to grantees under this subtitle that request assistance; and
(2) disseminate best practices that emerge from demonstration projects conducted under this subtitle.
(b) Providers- Training and technical assistance providers
under this section shall be national organizations with a proven track
record of working with the Civic Justice Corps model and young people
from disadvantaged backgrounds.
SEC. 2408. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated to
carry out this subtitle $20,000,000 for fiscal year 2008, and such sums
as necessary thereafter.
(b) Allocation- Of the amounts appropriated to carry out this subtitle for each fiscal year--
(1) 90 percent shall be for grants to eligible entities;
(2) 5 percent shall be for technical assistance and dissemination of best practices; and
(3) 5 percent shall be for evaluation.
Subtitle E--National Domestic Violence Volunteer Attorney Network Act
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the `National Domestic Violence Volunteer Attorney Network Act'.
SEC. 2502. DEFINITIONS.
In this subtitle, the terms `dating partner', `dating
violence', `domestic violence', `legal assistance', `linguistically and
culturally specific services', `stalking', and `State domestic violence
coalitions' shall have the same meaning given such terms in section 3
of the Violence Against Women and Department of Justice Reauthorization
Act of 2005 (Public Law 109-162).
SEC. 2503. NATIONAL DOMESTIC VIOLENCE VOLUNTEER ATTORNEY NETWORK.
Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6) is amended by adding at the end the following:
`(g) National Domestic Violence Volunteer Attorney Network-
`(A) GRANTS- The Attorney General may award grants
to the American Bar Association Commission on Domestic Violence to work
in collaboration with the American Bar Association Committee on Pro
Bono and Public Service and other organizations to create, recruit
lawyers for, and provide training, mentoring, and technical assistance
for a National Domestic Violence Volunteer Attorney Network.
`(B) USE OF FUNDS- Funds allocated to the American
Bar Association's Commission on Domestic Violence under this subsection
shall be used to--
`(i) create and maintain a network to field and
manage inquiries from volunteer lawyers seeking to represent and assist
victims of domestic violence;
`(ii) solicit lawyers to serve as volunteer lawyers in the network;
`(iii) retain dedicated staff to support volunteer attorneys by--
`(I) providing field technical assistance inquiries;
`(II) providing on-going mentoring and support;
`(III) collaborating with national domestic
violence legal technical assistance providers and statewide legal
coordinators and local legal services programs; and
`(IV) developing legal education and other training materials; and
`(iv) maintain a point of contact with the
statewide legal coordinator in each State regarding coordination of
training, mentoring, and supporting volunteer attorneys representing
victims of domestic violence.
`(2) AUTHORIZATION- There are authorized to be
appropriated to carry out this subsection $2,000,000 for each of the
fiscal years 2008 and 2009 and $3,000,000 for each of the fiscal years
2010 through 2013.
`(3) ELIGIBILITY FOR OTHER GRANTS- A receipt of an
award under this subsection by the Commission on Domestic Violence of
the American Bar Association shall not preclude the Commission from
receiving additional grants under the Office on Violence Against
Women's Technical Assistance Program to carry out the purposes of that
program.
`(A) PROHIBITION ON TORT LITIGATION- Funds
appropriated for the grant program under this subsection may not be
used to fund civil representation in a lawsuit based on a tort claim.
This subparagraph shall not be construed as a prohibition on providing
assistance to obtain restitution.
`(B) PROHIBITION ON LOBBYING- Any funds
appropriated under this subsection shall be subject to the prohibitions
in section 1913 of title 18, United States Code, relating to lobbying
with appropriated moneys.'.
SEC. 2504. DOMESTIC VIOLENCE VOLUNTEER ATTORNEY REFERRAL PROGRAM.
(1) IN GENERAL- For fiscal years 2008 and 2009, the
Office on Violence Against Women of the Department of Justice, in
consultation with the Domestic Violence Legal Advisory Task Force,
shall designate 5 States in which to implement the pilot program of the
National Domestic Violence Volunteer Attorney Referral Project and
distribute funds under this subsection.
(2) CRITERIA- Criteria for selecting the States for the pilot program under this subsection shall include--
(A) equitable distribution between urban and rural areas, equitable geographical distribution;
(B) States that have a demonstrated capacity to coordinate among local and statewide domestic violence organizations;
(C) organizations serving immigrant women; and
(D) volunteer legal services offices throughout the State.
(3) PURPOSE- The purpose of the pilot program under this subsection is to--
(A) provide for a coordinated system of ensuring
that domestic violence victims throughout the pilot States have access
to safe, culturally, and linguistically appropriate representation in
all legal matters arising as a consequence of the abuse or violence; and
(B) support statewide legal coordinators in each
State to manage referrals for victims to attorneys and to train
attorneys on related domestic violence issues.
(4) ROLE OF STATEWIDE LEGAL COORDINATOR- A statewide legal coordinator under this subsection shall--
(A) be employed by the statewide domestic violence
coalition, unless the statewide domestic violence coalition determines
that the needs of victims throughout the State would be best served if
the coordinator was employed by another statewide organization;
(B) develop and maintain an updated database of attorneys throughout the State, including--
(i) legal services programs;
(iii) organizations serving immigrant women;
(iv) law school clinical programs;
(vi) attorneys in the National Domestic Violence Volunteer Attorney Network; and
(vii) local domestic violence programs;
(C) consult and coordinate with existing statewide
and local programs including volunteer representation projects or
statewide legal services programs;
(D) provide referrals to victims who are seeking
legal representation in matters arising as a consequence of the abuse
or violence;
(E) participate in biannual meetings with other
Pilot Program grantees, American Bar Association Commission on Domestic
Violence, American Bar Association Committee on Pro Bono and Public
Service, and national domestic violence legal technical assistance
providers;
(F) receive referrals of victims seeking legal representation from the National Domestic Violence Hotline and other sources;
(G) receive and disseminate information regarding volunteer attorneys and training and mentoring opportunities; and
(H) work with the Office on Violence Against Women,
the American Bar Association Commission on Domestic Violence, and the
National Domestic Violence Legal Advisory Task Force to assess the
effectiveness of the Pilot Program.
(5) ELIGIBILITY FOR GRANTS- The Attorney General shall award grants to statewide legal coordinators under this subsection.
(6) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated $750,000 for each of fiscal years 2008
and 2009 to fund the statewide coordinator positions and other costs
associated with the position in the 5 pilot program States under this
subsection.
(7) EVALUATION AND REPORTING- An entity receiving a
grant under this subsection shall submit to the Department of Justice a
report detailing the activities taken with the grant funds, including
such additional information as the agency shall require.
(1) PURPOSE- The purpose of the national program under this subsection is to--
(A) provide for a coordinated system of ensuring
that domestic violence victims throughout the country have access to
safe, culturally and linguistically appropriate representation in legal
matters arising as a consequence of the abuse or violence; and
(B) support statewide legal coordinators in each
State to coordinate referrals to domestic violence attorneys and to
train attorneys on related domestic violence issues, including
immigration matters.
(2) GRANTS- The Attorney General shall award grants to
States for the purposes set forth in subsection (a) and to support
designated statewide legal coordinators under this subsection.
(3) ROLE OF THE STATEWIDE LEGAL COORDINATOR- The
statewide legal coordinator under this subsection shall be subject to
the requirements and responsibilities provided in subsection (a)(4).
(4) GUIDELINES- The Office on Violence Against Women,
in consultation with the Domestic Violence Legal Advisory Task Force
and the results detailed in the Study of Legal Representation of
Domestic Violence Victims, shall develop guidelines for the
implementation of the national program under this section, based on the
effectiveness of the Pilot Program in improving victims' access to
culturally and linguistically appropriate legal representation in the
pilot States.
(5) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated $8,000,000 for each of fiscal years 2010
through 2013 to fund the statewide coordinator position in every State
and other costs associated with the position.
(6) EVALUATION AND REPORTING- An entity receiving a
grant under this subsection shall submit to the Department of Justice a
report detailing the activities taken with the grant funds, including
such additional information as the agency shall require.
SEC. 2505. TECHNICAL ASSISTANCE FOR THE NATIONAL DOMESTIC VIOLENCE VOLUNTEER ATTORNEY NETWORK.
(a) Purposes- The purpose of this section is to allow--
(1) national domestic violence legal technical
assistance providers to expand their services to provide training and
ongoing technical assistance to volunteer attorneys in the National
Domestic Violence Volunteer Attorney Network; and
(2) providers of domestic violence law to receive additional funding to train and assist attorneys in the areas of--
(A) custody and child support;
(D) immigrant victims' legal needs (including immigration, protection order, family and public benefits issues); and
(E) interstate custody and relocation law.
(b) Grants- The Attorney General shall award grants to
national domestic violence legal technical assistance providers to
expand their services to provide training and ongoing technical
assistance to volunteer attorneys in the National Domestic Violence
Volunteer Attorney Network, statewide legal coordinators, the National
Domestic Violence Hotline and Internet-based legal referral
organizations described in section 1201(i)(1) of the Violence Against
Women Act of 2000, as added by section 6.
(c) Eligibility for Other Grants- A receipt of an award
under this section shall not preclude the national domestic violence
legal technical assistance providers from receiving additional grants
under the Office on Violence Against Women's Technical Assistance
Program to carry out the purposes of that program.
(d) Eligible Entities- In this section, an eligible entity
is a national domestic violence legal technical assistance provider
that--
(1) has expertise on legal issues that arise in cases
of victims of domestic violence, dating violence and stalking,
including family, immigration, housing, protection order, public
benefits, custody, child support, interstate custody and relocation,
employment and other civil legal needs of victims; and
(2) has an established record of providing technical
assistance and support to lawyers representing victims of domestic
violence.
(e) Authorization of Appropriations- There are authorized
to be appropriated to carry out this section $800,000 for national
domestic violence legal technical assistance providers for each fiscal
year from 2008 through 2013.
SEC. 2506. NATIONAL DOMESTIC VIOLENCE HOTLINE LEGAL REFERRALS.
Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6) is amended by adding at the end the following:
`(h) Legal Referrals by the National Domestic Violence Hotline-
`(1) IN GENERAL- The Attorney General may award grants
to the National Domestic Violence Hotline (as authorized by section 316
of the Family Violence Prevention and Services Act (42 U.S.C. 10416))
to provide information about statewide legal coordinators and legal
services.
`(2) USE OF FUNDS- Funds allocated to the National Domestic Violence Hotline under this subsection shall be used to--
`(A) update the Hotline's technology and systems to reflect legal services and referrals to statewide legal coordinators;
`(B) collaborate with the American Bar Association
Commission on Domestic Violence and the national domestic violence
legal technical assistance providers to train and provide appropriate
assistance to the Hotline's advocates on legal services; and
`(C) maintain a network of legal services and
statewide legal coordinators and collaborate with the American Bar
Association Commission on Domestic Violence.
`(3) AUTHORIZATION- There are to be appropriated to
carry out this subsection $500,000 for each of fiscal years 2008
through 2013.
`(i) Legal Referrals by Internet-Based Services for Domestic Violence Victims-
`(1) IN GENERAL- The Attorney General may award grants
to Internet-based non-profit organizations with a demonstrated
expertise on domestic violence to provide State-specific information
about statewide legal coordinators and legal services through the
Internet.
`(2) USE OF FUNDS- Funds allocated to Internet-based organizations under this subsection shall be used to--
`(A) collaborate with the American Bar Association
Commission on Domestic Violence and the national domestic violence
legal technical assistance providers to train and provide appropriate
assistance to personnel on referring legal services; and
`(B) maintain a network of legal services and
statewide legal coordinators, and collaborate with the American Bar
Association Commission on Domestic Violence and the National Domestic
Violence Hotline.
`(3) AUTHORIZATION- There are to be appropriated to
carry out this subsection $250,000 for each fiscal years of 2008
through 2013.'.
SEC. 2507. STUDY OF LEGAL REPRESENTATION OF DOMESTIC VIOLENCE VICTIMS.
(a) In General- The Government Accountability Office shall
study the scope and quality of legal representation and advocacy for
victims of domestic violence, dating violence, and stalking, including
the provision of culturally and linguistically appropriate services.
(b) Scope of Study- The Government Accountability Office shall specifically assess the representation and advocacy of--
(1) organizations providing direct legal services and
other support to victims of domestic violence, dating violence, and
stalking, including Legal Services Corporation grantees, non-Legal
Services Corporation legal services organizations, domestic violence
programs receiving Legal Assistance for Victims grants or other
Violence Against Women Act funds to provide legal assistance, volunteer
programs (including those operated by bar associations and law firms),
law schools which operate domestic violence, and family law clinical
programs; and
(2) organizations providing support to direct legal
services delivery programs and to their volunteer attorneys, including
State coalitions on domestic violence, National Legal Aid and Defender
Association, the American Bar Association Commission on Domestic
Violence, the American Bar Association Committee on Pro Bono and Public
Service, State bar associations, judicial organizations, and national
advocacy organizations (including the Legal Resource Center on Violence
Against Women, and the National Center on Full Faith and Credit).
(c) Assessment- The assessment shall, with respect to each entity under subsection (b), include--
(1) what kind of legal assistance is provided to
victims of domestic violence, such as counseling or representation in
court proceedings;
(2) number of lawyers on staff;
(3) how legal services are being administered in a
culturally and linguistically appropriate manner, and the number of
multilingual advocates;
(4) what type of cases are related to the abuse, such
as protective orders, divorce, housing, and child custody matters, and
immigration filings;
(5) what referral mechanisms are used to match a lawyer with a domestic violence victim;
(6) what, if any, collaborative partnerships are in place between the legal services program and domestic violence agencies;
(7) what existing technical assistance or training on
domestic violence and legal skills is provided to attorneys providing
legal services to victims of domestic violence;
(8) what training or technical assistance for attorneys
would improve the provision of legal services to victims of domestic
violence;
(9) how does the organization manage means-testing or income requirements for clients;
(10) what, if any legal support is provided by non-lawyer victim advocates; and
(11) whether they provide support to or sponsor a pro
bono legal program providing legal representation to victims of
domestic violence.
(d) Report- Not later than 1 year after the date of
enactment of this Act, the Government Accountability Office shall
submit to Congress a report on the findings and recommendations of the
study required by this section.
SEC. 2508. ESTABLISH A DOMESTIC VIOLENCE LEGAL ADVISORY TASK FORCE.
(a) In General- The Attorney General shall establish the
Domestic Violence Legal Advisory Task Force to provide guidance for the
implementation of the Study of Legal Representation of Domestic
Violence Victims, the Pilot Program for the National Domestic Violence
Volunteer Attorney Referral Project, and the National Program for the
National Domestic Violence Volunteer Attorney Referral Project.
(b) Composition- The Task Force established under this
section shall be composed of experts in providing legal assistance to
domestic violence victims and developing effective volunteer programs
providing legal assistance to domestic violence victims, including
judges with expertise on domestic violence, individuals with experience
representing low-income domestic violence victims, and private bar
members involved with volunteer legal services.
(c) Responsibilities- The Task Force shall provide--
(1) ongoing advice to the American Bar Association
Commission on Domestic Violence, the National Domestic Violence
Hotline, and the Statewide Coordinators regarding implementation of the
Pilot Program and the National Program of the Domestic Violence
Volunteer Attorney Referral Project;
(2) recommendations to the Office on Violence Against Women regarding the selection of the 5 sites for the Pilot Program; and
(3) attend regular meetings covered by American Bar Association Commission or Domestic Violence.
(d) Report- The Task Force shall report to Congress every 2 years on its work under this section.
(e) Authorization of Appropriations- There are authorized
to be appropriated to carry out this section $100,000 for each of
fiscal years 2008 through 2013.
Subtitle F--Juvenile Delinquency Court Improvement
SEC. 2601. JUVENILE DELINQUENCY COURT IMPROVEMENT ACT.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part
F, as added by section 2143, the following:
`PART G--JUVENILE DELINQUENCY COURT IMPROVEMENT ACT
`SEC. 281A. SHORT TITLE.
`This part may be cited as the `Juvenile Delinquency Court Improvement Act'.
`SEC. 281B. GRANTS.
`The Attorney General, through the Office of Juvenile
Justice and Delinquency Prevention, may make grants to assist State
courts to--
`(1) assess current juvenile delinquency and status offense practice in order to identify areas in need of improvement; and
`(2) implement improvements deemed necessary by the
highest courts of the State courts as a result of the assessments
described in paragraph (1), including--
`(A) meeting the needs of juvenile offenders (including status offenders), while ensuring public safety; and
`(B) implementing a corrective action plan, as necessary, based on the assessments described in paragraph (1).
`SEC. 281C. AUTHORIZED ACTIVITIES.
`A grantee under this part may carry out activities that
support State court efforts to assess and improve current juvenile
delinquency practice, including--
`(1) providing training and technical assistance for
members of the judiciary, public defenders, prosecutors, and juvenile
justice professionals statewide in order to assess and improve practice;
`(2) developing data information systems to track
movement of youth through the juvenile justice system, trends in case
management, outcomes resulting from various sanctions and services
provided; and
`(3) evaluating practice improvements implemented by State juvenile delinquency courts.
`SEC. 281D. ELIGIBLE ENTITIES.
`Eligible grantees under this part are the highest courts of the States.
`SEC. 281E. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There is authorized to be appropriated to
carry out this part such sums as are necessary for each of fiscal years
2008 to 2011.
`(b) Availability- Funds appropriated under this section
shall remain available until expended and may only be used for the
specific programs and activities described in this part.'.
SEC. 2602. THE JUVENILE DELINQUENCY JUDICIAL TRAINING AND TECHNICAL ASSISTANCE ACT.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part
G, as added by section 2601, the following:
`PART H--THE JUVENILE DELINQUENCY JUDICIAL TRAINING AND TECHNICAL ASSISTANCE ACT
`SEC. 282A. SHORT TITLE.
`This part may be cited as the `Juvenile Delinquency Judicial Training and Technical Assistance Act'.
`SEC. 282B. PURPOSE.
`The purpose of this part is to enable the Attorney
General, through the Office of Juvenile Justice and Delinquency
Prevention, to make grants to improve juvenile delinquency practice in
State courts.
`SEC. 282C. GRANTS.
`The Attorney General, acting through the Office of
Juvenile Justice and Delinquency Prevention, may make grants to States
for--
`(1) providing training and technical assistance to
judges hearing juvenile delinquency and status offense cases, in order
to improve the knowledge and judicial decisionmaking of such judges;
`(2) providing training and technical assistance to
public defenders and prosecutors who practice in the juvenile court
system;
`(3) promoting, through training, the principles and
guidelines outlined in Juvenile Delinquency Guidelines: Improving Court
Practice in Juvenile Delinquency Cases (National Council of Juvenile
and Family Court Judges), in order to improve outcomes for children and
youth in the juvenile justice system;
`(4) enabling systems change in the juvenile court
systems by supporting collaboration between courts and juvenile justice
agencies;
`(5) establishing and maintaining model courts;
`(6) helping juvenile courts to develop data
information systems to track movement of youth through the juvenile
justice system, and to track trends in case management;
`(7) providing interdisciplinary education,
publications, research, and mentoring to courts seeking to improve
court and system responses in juvenile delinquency and status offense
cases; and
`(8) developing other projects likely to improve
juvenile court and system responses in juvenile delinquency and status
offense cases.
`SEC. 282D. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There are authorized to be appropriated to
carry out this part $4,000,000 for each of fiscal years 2008 to 2011.
`(b) Availability- Amounts appropriated under this section
shall remain available until expended and may only be used for the
specific programs and activities described in this part.'.
SEC. 2603. THE JUVENILE AND FAMILY COURT TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION ACT.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part
H, as added by section 2602, the following:
`PART I--THE JUVENILE AND FAMILY COURT TRAINING, TECHNICAL ASSISTANCE, AND DATA COLLECTION ACT
`SEC. 283A. SHORT TITLE.
`This part may be cited as the `Juvenile and Family Court Training, Technical Assistance, and Data Collection Act'.
`SEC. 283B. PURPOSE.
`The purpose of this part is to enable the Attorney
General, though the Office on Juvenile Justice and Delinquency
Prevention, to award grants to improve juvenile and family court
responses.
`SEC. 283C. GRANTS.
`The Attorney General, acting though the Office on Juvenile
Justice and Delinquency Prevention, may make grants to eligible
organizations for--
`(1) training and technical assistance for judges and
court-related personnel to improve system effectiveness and judicial
decisionmaking in juvenile cases;
`(2) the archiving of juvenile court case records, in
order to provide empirical information to support policy decisionmaking
and to study the roots of juvenile justice policies and practices;
`(3) the development of internet-based repositories of
information about issues of interest to judges, public defenders,
prosecutors, and other court-related personnel of State juvenile
courts, including descriptions of effective juvenile justice systems,
summarizing juvenile justice trends, and developing educational and
policy materials on effective juvenile court practices;
`(4) training and technical assistance to judges and
court-related personnel on child abuse, neglect, and permanency
planning; and
`(5) other projects likely to improve juvenile court responses and systems.
`SEC. 283D. DEFINITION.
`In this section, the term `eligible organization' means a national private, nonprofit organization with--
`(1) demonstrated expertise in developing and providing
judicial education about juvenile justice systems and practice and
permanency planning;
`(2) demonstrated capacity to provide education and
outreach to juvenile court judges and court-related personnel through
membership services and leadership in developing model standards; and
`(3) a board or membership composed primarily of judges.
`SEC. 283E. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There are authorized to be appropriated to
carry out this part $4,000,000 for each of fiscal years 2008 to 2011.
`(b) Availability- Amounts appropriated under this section
shall remain available until expended and may only be used for the
specific programs and activities described in this part.'.
SEC. 2604. MODEL COURTS ENHANCEMENTS ACT.
Title II of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part
I, as added by section 2603, the following:
`PART J--MODEL COURTS ENHANCEMENTS ACT
`SEC. 284A. SHORT TITLE.
`This part may be cited as the `Model Courts Enhancements Act'.
`SEC. 284B. GRANTS.
`The Attorney General, though the Office on Juvenile
Justice and Delinquency Prevention, may award grants to improve court
practice in handling of child abuse and neglect cases in urban, rural,
and tribal jurisdictions by supporting--
`(1) training and technical assistance to juvenile
judges, public defenders, prosecutors, and other court-related
personnel based on Resource Guidelines: Improving Court Practice in
Child Abuse & Neglect Cases (National Council of Juvenile and
Family Court Judges) in order to improve outcomes for children and
their families in the Nation's foster care system;
`(2) systems change through collaborations between courts and child welfare agencies;
`(3) the establishment and maintenance of model courts;
`(4) providing interdisciplinary training,
publications, research, and mentoring to courts seeking to improve
responses in child abuse and neglect cases; and
`(5) other projects likely to improve juvenile court
responses and systems in child abuse and neglect cases, foster care
interventions, and permanency planning.
`SEC. 284C. GRANT REQUIREMENTS.
`Eligible grantees under this part are national private, nonprofit organizations with--
`(1) a demonstrated expertise in developing and
providing judicial education about juvenile justice systems and
practice and child welfare, foster care, and permanency planning;
`(2) a demonstrated capacity to provide education and
outreach to juvenile court judges and court-related personnel through
membership services and leadership in developing model standards; and
`(3) a board or membership composed primarily of judges.
`SEC. 284D. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There is authorized to be appropriated to
carry out this part $4,000,000 for each of fiscal years 2008 to 2011.
`(b) Availability- Funds appropriated under this section
shall remain available until expended and may only be used for the
specific programs and activities described in this part.'.
Subtitle G--Improving Assistance to Domestic and Sexual Violence Victims Act of 2007
SEC. 2701. SHORT TITLE.
This subtitle may be cited as the `Improving Assistance to Domestic and Sexual Violence Victims Act of 2007'.
SEC. 2702. DEFINITIONS AND UNIVERSAL GRANT CONDITIONS.
(a) Youth Definition- Section 40002(a)(37) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)(36)), as added by section
3 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162), is amended to read as
follows:
`(37) YOUTH- The term `youth' means teen and young
adult victims of domestic violence, dating violence, sexual assault, or
stalking between the ages of 12 and 24.'.
(b) Expertise Requirement- Section 40002(b)(11) of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(11)), as added
by section 3 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162), is amended by adding
at the end the following: `The Director of the Office on Violence
Against Women shall ensure that training or technical assistance will
be developed and provided by entities having demonstrated expertise in
the purposes, uses of funds, and other aspects of the grant program for
which such training or technical assistance is provided.'.
(c) State Obligations- Section 40002(b)(2) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(b)) is amended by inserting
at the end the following:
`(F) NO OBLIGATION OF STATE- Share of match not
required in accordance with this paragraph is waived and does not
become the obligation of the State.'.
(1) IN GENERAL- Section 2007(f) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-1(f)) is amended
by striking the period and inserting `, except that the Federal share
may exceed 75 percent when grantees have received a hardship waiver
under section 40002(b)(1)(B) of the Violence Against Women Act of 1994
(42 U.S.C. 13925(b)(1)(B)) or for that portion of a grant that supports
subgrants to entities exempt from match under section 40002(b)(1)(A) or
(b)(1)(B) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(b)(1)(A) and (B)).'
(2) TECHNICAL AMENDMENT- Section 40002(b)(1) of the
Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(1)), as added by
section 3 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-1625), is amended by
striking `under this Act for' and inserting `under this Act to'.
(e) Treatment of Confidential Information- Section
40002(b)(2) of the Violence Against Women Act of 1994 (42 U.S.C.
13925(b)(2)) is amended--
(1) in subparagraph (A), by inserting `privacy and' before `safety';
(2) in subparagraph (B)--
(A) by striking `and (D),' and inserting `(D), (E), (F), (G), and (H),';
(i) striking `consent' and inserting `authorization';
(ii) striking `(or in the case of an
unemancipated minor, the minor and the parent or guardian or in the
case of persons with disabilities, the guardian)'; and
(iii) striking `, except that consent for
release may not be given by the abuser of the minor, person with
disabilities, or the abuser of the other parent of the minor.' and
inserting `; or'; and
(3) by designating subparagraph (E) as subparagraph (H) and inserting after subparagraph (D) the following:
`(E) STATUTORILY PERMITTED REPORTS OF ABUSE OR
NEGLECT- Nothing shall prohibit a grantee or subgrantee from reporting
abuse and neglect as those terms are defined by law and where mandated
or expressly permitted by the State, tribe, or territory.
`(F) PREEMPTION- Nothing in this section shall be
construed to supersede any provision of any Federal, State, tribal,
territorial, or local law that provides greater protection than this
paragraph for victims of domestic violence, dating violence, sexual
assault, or stalking.
`(G) MINORS AND PERSONS WITH GUARDIANS- If a minor
or a person with a guardian is permitted by law to receive services
without the parent's or guardian's consent, the minor or person with a
guardian may release information without additional consent. Under any
condition, consent for release of information may not be given by the
abuser of the minor, or person with a guardian, or the abuser of the
other parent of the minor.'.
SEC. 2703. CRIMINAL JUSTICE.
(a) Application Requirements- Section 2007(d) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-1(d)) is amended--
(1) in paragraph (3) by striking `and' after the semicolon;
(2) in paragraph (4), by striking the period and inserting `and'; and
(3) by inserting at the end the following:
`(5) proof of compliance with the requirements
prohibiting the publication of protection order information on the
Internet provided in section 2013A.'.
(b) Limits on Internet Publication of Protection Order
Information- Section 2265(d) of title 18, United States Code, is
amended by striking paragraph (3).
(c) State Certification- Part T of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is
amended by inserting after section 2013 the following:
`SEC. 2013A. LIMITS ON INTERNET PUBLICATION OF PROTECTION ORDER INFORMATION.
`(a) In General- A State, Indian tribe, or territory shall
not make available publicly on the Internet any information regarding
the filing for or issuance, modification, registration, extension or
enforcement of a protection order, restraining order, or injunction in
either the issuing or enforcing State, tribal or territorial
jurisdiction, if such publication would be likely to publicly reveal
the identity or location of the party protected under such order.
`(b) Exception- A State, Indian tribe, or territory may
share court generated and law enforcement-generated information about
such orders if that information is contained in secure, governmental
registries for protection order enforcement purposes.'.
(d) Health Care Professionals- Section 2010(c) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4)
is amended by striking `trained examiners for' and inserting `health
care professionals for adult, youth, and child'.
(e) Rural State- Section 40002 (a)(22) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925 (a)(22)), is amended by
striking `150,000' and inserting `200,000'.
(f) Costs for Criminal Charges and Protection Orders-
Section 2011 (a)(1) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-5 (a)(1)), as redesignated by the 21st
Century Department of Justice Appropriations Authorization Act (Public
Law 107-273), is amended by inserting `dating violence,' before
`stalking'.
(g) Grants To Encourage Arrest Policies and Enforcement of
Protection Orders- Section 2101(c)(4) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)(4)) is amended by
inserting `dating violence,' before `stalking'.
SEC. 2704. FAMILIES.
Section 41304 of the Violence Against Women Act of 1994 (42
U.S.C. 14043d-3), as added by section 401 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public Law
109-162), is amended--
(A) in paragraph (1), by striking `Attorney
General, acting through the Director of the Office on Violence Against
Women, and in collaboration with the Department of Health and Human
Services' and inserting `Secretary of Health and Human Services (in
this section referred to as the `Secretary'), through the
Administration for Children, Youth and Families';
(B) in paragraph (2) by striking `Director' and inserting `Secretary'; and
(C) in paragraph (3) by striking `Director' and inserting `Secretary'; and
(2) in subsection (d)(1), by striking `Director' both places it appears and inserting `Secretary'.
SEC. 2705. HOUSING.
(a) Section 6- Section 6(u)(1)(A) of the United States
Housing Act of 1937 (42 U.S.C. 1437d) is amended by inserting `, as
described in subparagraph (C),' after `HUD approved certification form'.
(b) Section 8- Section 8(ee)(1)(A) of the United States
Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting `, as
described in subparagraph (C),' after `HUD approved certification form'.
SEC. 2706. ECONOMIC SECURITY.
(a) Authority- Section 41501(a) of the Violence Against Women Act of 1994 (42 U.S.C. 14043f(a)) is amended by--
(1) striking `The Attorney General' and inserting the following:
`(1) IN GENERAL- The Attorney General'; and
(2) striking the last sentence and inserting the following:
`(2) INFORMATION AND ASSISTANCE- The resource center
shall provide information and assistance to employers and labor
organizations to--
`(A) aid in their efforts to develop and implement responses to such violence; and
`(B) victims service providers, including
community-based organizations and tribal coalitions, to enable to them
to provide resource materials or other assistance to employers, labor
organizations, or employees.'.
(b) Entities Providing Assistance- Section 41501 (c)(1) of
the Violence Against Women Act of 1994 (42 U.S.C. 14043f(c)(1)) is
amended by striking `and labor organizations' and inserting `, labor
organizations, victim service providers, community-based organizations,
State domestic violence coalitions, State sexual assault coalitions,
and tribal coalitions'.
SEC. 2707. TRIBAL ISSUES.
(a) Consultation- Section 903 of the Violence Against Women
and Department of Justice Reauthorization Act of 2005 is amended by
inserting at the end the following:
`(c) Report to Congress- The Attorney General shall ensure
that no later than 3 months after the date the annual consultation is
held, a report is submitted to the Committee on Indian Affairs and the
Judiciary Committee of the Senate, the Judiciary Committee and the
Committee on Natural Resources of the House of Representatives
summarizing the consultation, request of Indian tribes for enhancing
the safety of Indian women, the investigative efforts of the Federal
Bureau of Investigation and prosecutorial efforts of the United States
Attorneys on cases of domestic violence, sexual assault, dating
violence and stalking, the statistics of investigations, indictments
and convictions of such cases for the preceding 3 years.'.
(b) Grants to Indian Tribal Governments- Section 2015 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796gg-10) is amended by inserting at the end the following:
`(c) Availability- Funds appropriated under this section
shall remain available until expended and may only be used for the
specific programs and activities described in this title.
`(d) Duration- Grants made under this section shall be for
no more than a 24-month project period. Extension of the project period
shall be allowable.
`(e) Technical Assistance- No later than 120 days after
receiving an appropriation for this program, the Director of the Office
on Violence Against Women shall set aside not less than 6 percent of
the total amount of the funds made available under this section for the
purpose of entering into cooperative agreements with a tribal
organization with demonstrated experience in providing training and
technical experience to Indian tribes in addressing violence against
Indian women. Such training and technical experience shall be
specifically designed to address the unique legal status and geographic
circumstances of the Indian tribes receiving funds under this program.'.
SEC. 2708. POLYGRAPH PROCEDURES.
(a) STOP Grants- Section 2013(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(a)) is amended
by striking `as a condition for proceeding with the investigation of
such an offense'.
(b) Grants To Encourage Arrest- Section 2101(c)(5)(A) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796hh(c)(5)(A)) is amended by striking `as a condition for proceeding
with the investigation of such an offense'.
SEC. 2709. SEXUAL ASSAULT NURSE EXAMINERS.
Section 2101(b) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amended by adding the
following after paragraph (13):
`(14) To provide for sexual assault forensic medical
personnel examiners in the collection and preservation of evidence,
analysis, prevention, expert testimony, and treatment of trauma related
to sexual assault.'.
TITLE III--PROTECTING COMMUNITIES BY REDUCING RECIDIVISM
Subtitle A--Enhanced Second Chance Act of 2007
SEC. 3101. SHORT TITLE.
This subtitle may be cited as the `Enhanced Second Chance Act of 2007'.
SEC. 3102. FINDING.
Congress finds the following:
(1) In 2002, over 7,000,000 people were incarcerated in
Federal or State prisons or in local jails. Nearly 650,000 people are
released from Federal and State incarceration into communities
nationwide each year.
(2) There are over 3,200 jails throughout the United
States, the vast majority of which are operated by county governments.
Each year, these jails will release more than 10,000,000 people back
into the community.
(3) Recent studies indicate that over 2/3 of released
State prisoners are expected to be rearrested for a felony or serious
misdemeanor within 3 years after release.
(4) According to the Bureau of Justice Statistics,
expenditures on corrections alone increased from $9,000,000,000 in
1982, to $59,600,000,000 in 2002. These figures do not include the cost
of arrest and prosecution, nor do they take into account the cost to
victims.
(5) The Serious and Violent Offender Reentry Initiative
provided $139,000,000 in funding for State governments to develop and
implement education, job training, mental health treatment, and
substance abuse treatment for serious and violent offenders. This
subtitle seeks to build upon the innovative and successful State
reentry programs developed under the Serious and Violent Offender
Reentry Initiative, which terminated after fiscal year 2005.
(6) Between 1991 and 1999, the number of children with
a parent in a Federal or State correctional facility increased by more
than 100 percent, from approximately 900,000 to approximately
2,000,000. According to the Bureau of Prisons, there is evidence to
suggest that inmates who are connected to their children and families
are more likely to avoid negative incidents and have reduced sentences.
(7) Released prisoners cite family support as the most
important factor in helping them stay out of prison. Research suggests
that families are an often underutilized resource in the reentry
process.
(8) Approximately 100,000 juveniles (ages 17 years and
under) leave juvenile correctional facilities, State prison, or Federal
prison each year. Juveniles released from secure confinement still have
their likely prime crime years ahead of them. Juveniles released from
secure confinement have a recidivism rate ranging from 55 to 75
percent. The chances that young people will successfully transition
into society improve with effective reentry and aftercare programs.
(9) Studies have shown that between 15 percent and 27
percent of prisoners expect to go to homeless shelters upon release
from prison.
(10) Fifty-seven percent of Federal and 70 percent of
State inmates used drugs regularly before going to prison, and the
Bureau of Justice Statistics report titled `Trends in State Parole,
1990-2000' estimates the use of drugs or alcohol around the time of the
offense that resulted in the incarceration of the inmate at as high as
84 percent.
(11) The high prevalence of infectious disease,
substance abuse, and mental health disorders that has been found in
incarcerated populations demands that a recovery model of treatment
should be used for handling the more than 2/3 of all offenders with
such needs.
(12) Family-based treatment programs have proven
results for serving the special populations of female offenders and
substance abusers with children. An evaluation by the Substance Abuse
and Mental Health Services Administration of family-based treatment for
substance-abusing mothers and children found that 6 months after such
treatment, 60 percent of the mothers remained alcohol and drug free,
and drug-related offenses declined from 28 percent to 7 percent.
Additionally, a 2003 evaluation of residential family-based treatment
programs revealed that 60 percent of mothers remained clean and sober 6
months after treatment, criminal arrests declined by 43 percent, and 88
percent of the children treated in the program with their mothers
remained stabilized.
(13) A Bureau of Justice Statistics analysis indicated
that only 33 percent of Federal inmates and 36 percent of State inmates
had participated in residential inpatient treatment programs for
alcohol and drug abuse 12 months before their release. Further, over
1/3 of all jail inmates have some physical or mental disability and 25
percent of jail inmates have been treated at some time for a mental or
emotional problem.
(14) State Substance Abuse Agency Directors, also known
as Single State Authorities (in this paragraph referred to as `SSAs'),
manage the publicly funded substance abuse prevention and treatment
system of the Nation. SSAs are responsible for planning and
implementing statewide systems of care that provide clinically
appropriate substance abuse services. Given the high rate of substance
use disorders among offenders reentering our communities, successful
reentry programs require close interaction and collaboration with each
SSA as the program is planned, implemented and evaluated.
(15) According to the National Institute of Literacy, 70 percent of all prisoners function at the lowest literacy levels.
(16) Less than 32 percent of State prison inmates have
a high school diploma or a higher level of education, compared to 82
percent of the general population.
(17) Approximately 38 percent of inmates who completed 11 years or less of school were not working before entry into prison.
(18) The percentage of State prisoners participating in
educational programs decreased by more than 8 percent between 1991 and
1997, despite growing evidence of how educational programming while
incarcerated reduces recidivism.
(19) The National Institute of Justice has found that 1
year after release, up to 60 percent of former inmates are not employed.
(20) Transitional jobs programs have proven to help
people with criminal records to successfully return to the workplace
and to the community, and therefore can reduce recidivism.
(21) Successful reentry protects those who might
otherwise be crime victims. It also improves the likelihood that
individuals released from prison or juvenile detention facilities can
pay fines, fees, restitution, and family support.
(22) Participation in State correctional education
programs lowers the likelihood of reincarceration by 29 percent,
according to a recent United States Department of Education study. A
Federal Bureau of Prisons study found a 33 percent drop in recidivism
among Federal prisoners who participated in vocational and
apprenticeship training.
SEC. 3103. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER STATE AND LOCAL REENTRY DEMONSTRATION PROJECTS.
(a) Adult Offender Demonstration Projects Authorized-
Section 2976(b) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797w(b)) is amended by striking paragraphs (1) through
(4) and inserting the following:
`(1) establishing or improving the system or systems under which--
`(A) the correctional agency of the State or local
government develops and carries out plans to facilitate the reentry
into the community of each offender in State or local custody;
`(B) the supervision and services provided to
offenders in State or local custody are coordinated with the
supervision and services provided to offenders after reentry into the
community;
`(C) the efforts of various public and private
entities to provide supervision and services to offenders after reentry
into the community, and to family members of such offenders, are
coordinated; and
`(D) offenders awaiting reentry into the community
are provided with documents (such as identification papers, referrals
to services, medical prescriptions, job training certificates,
apprenticeship papers, and information on obtaining public assistance)
useful in achieving a successful transition from prison;
`(2) carrying out programs and initiatives by units of
local government to strengthen reentry services for individuals
released from local jails;
`(3) enabling prison mentors of offenders to remain in
contact with those offenders, including through the use of such
technology as videoconferencing, during incarceration and after reentry
into the community and encouraging the involvement of prison mentors in
the reentry process;
`(4) providing structured post-release housing and
transitional housing, including group homes for recovering substance
abusers, through which offenders are provided supervision and services
immediately following reentry into the community;
`(5) assisting offenders in securing permanent housing upon release or following a stay in transitional housing;
`(6) providing continuity of health services (including
mental health services, substance abuse treatment and aftercare, and
treatment for contagious diseases) to offenders in custody and after
reentry into the community;
`(7) providing offenders with education, job training,
English as a second language programs, work experience programs,
self-respect and life skills training, and other skills useful in
achieving a successful transition from prison;
`(8) facilitating collaboration among corrections and
community corrections, technical schools, community colleges, and the
workforce development and employment service sectors to--
`(A) promote, where appropriate, the employment of
people released from prison and jail, through efforts such as educating
employers about existing financial incentives and facilitate the
creation of job opportunities, including transitional jobs, for this
population that will benefit communities;
`(B) connect inmates to employment, including
supportive employment and employment services, before their release to
the community;
`(C) address barriers to employment, including licensing; and
`(D) identify labor market needs to ensure that education and training are appropriate;
`(9) assessing the literacy and educational needs of
offenders in custody and identifying and providing services appropriate
to meet those needs, including followup assessments and long-term
services;
`(10) systems under which family members of offenders
are involved in facilitating the successful reentry of those offenders
into the community, including removing obstacles to the maintenance of
family relationships while the offender is in custody, strengthening
the family's capacity to function as a stable living situation during
reentry where appropriate to the safety and well-being of any children
involved, and involving family members in the planning and
implementation of the reentry process;
`(11) programs under which victims are included, on a voluntary basis, in the reentry process;
`(12) programs that facilitate visitation and
maintenance of family relationships with respect to offenders in
custody by addressing obstacles such as travel, telephone costs, mail
restrictions, and restrictive visitation policies;
`(13) identifying and addressing barriers to
collaborating with child welfare agencies in the provision of services
jointly to offenders in custody and to the children of such offenders;
`(14) implementing programs in correctional agencies to
include the collection of information regarding any dependent children
of an incarcerated person as part of intake procedures, including the
number of children, age, and location or jurisdiction, and connect
identified children with appropriate services;
`(15) addressing barriers to the visitation of children
with an incarcerated parent, and maintenance of the parent-child
relationship, such as the location of facilities in remote areas,
telephone costs, mail restrictions, and visitation policies;
`(16) creating, developing, or enhancing prisoner and
family assessments curricula, policies, procedures, or programs
(including mentoring programs) to help prisoners with a history or
identified risk of domestic violence, dating violence, sexual assault,
or stalking reconnect with their families and communities, as
appropriate (or when it is safe to do so), and become mutually
respectful, nonabusive parents or partners, under which particular
attention is paid to the safety of children affected and the
confidentiality concerns of victims, and efforts are coordinated with
existing victim service providers;
`(17) developing programs and activities that support
parent-child relationships, as appropriate to the health and well-being
of the child, such as--
`(A) using telephone conferencing to permit incarcerated parents to participate in parent-teacher conferences;
`(B) using videoconferencing to allow virtual
visitation when incarcerated persons are more than 100 miles from their
families;
`(C) the development of books on tape programs,
through which incarcerated parents read a book into a tape to be sent
to their children;
`(D) the establishment of family days, which provide for longer visitation hours or family activities; or
`(E) the creation of children's areas in visitation rooms with parent-child activities;
`(18) expanding family based treatment centers that
offer family based comprehensive treatment services for parents and
their children as a complete family unit;
`(19) conducting studies to determining who is
returning to prison or jail and which of those returning prisoners
represent the greatest risk to community safety;
`(20) developing or adopting procedures to ensure that dangerous felons are not released from prison prematurely;
`(21) developing and implementing procedures to assist
relevant authorities in determining when release is appropriate and in
the use of data to inform the release decision;
`(22) developing and implementing procedures to
identify efficiently and effectively those violators of probation or
parole who should be returned to prison;
`(23) utilizing validated assessment tools to assess
the risk factors of returning inmates and prioritizing services based
on risk;
`(24) conducting studies to determine who is returning
to prison or jail and which of those returning prisoners represent the
greatest risk to community safety;
`(25) facilitating and encouraging timely and complete
payment of restitution and fines by ex-offenders to victims and the
community;
`(26) establishing or expanding the use of reentry courts to--
`(A) monitor offenders returning to the community;
`(B) provide returning offenders with--
`(i) drug and alcohol testing and treatment; and
`(ii) mental and medical health assessments and services;
`(C) facilitate restorative justice practices and
convene family or community impact panels, family impact educational
classes, victim impact panels, or victim impact educational classes;
`(D) provide and coordinate the delivery of other community services to offenders, including--
`(iii) employment training;
`(iv) children and family support;
`(v) conflict resolution skills training;
`(vi) family violence intervention programs; and
`(vii) other appropriate social services; and
`(E) establish and implement graduated sanctions and incentives; and
`(27) providing technology and other tools necessary to advance post- release supervision.'.
(b) Juvenile Offender Demonstration Projects Authorized-
Section 2976(c) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797w(c)) is amended by striking `may be expended for'
and all that follows through the period at the end and inserting `may
be expended for any activity referred to in subsection (b).'.
(c) Applications; Priorities; Performance Measurements-
Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3797w) is amended--
(1) by redesignating subsection (h) as subsection (o); and
(2) by striking subsections (d) through (g) and inserting the following:
`(d) Applications- A State, unit of local government,
territory, or Indian tribe desiring a grant under this section shall
submit an application to the Attorney General that--
`(1) contains a reentry strategic plan, which describes
the long-term strategy, and a detailed implementation schedule,
including the jurisdiction's plans to pay for the program after the
Federal funding is discontinued;
`(2) identifies the governmental agencies and
community- and faith-based organizations that will be coordinated by,
and collaborate on, the applicant's prisoner reentry strategy and
certifies their involvement; and
`(3) describes the methodology and outcome measures that will be used in evaluating the program.
`(e) Priority Consideration- The Attorney General shall give priority to grant applications that best--
`(1) focus initiatives on geographic areas with a substantiated high population of ex-offenders;
`(2) include partnerships with community-based organizations, including faith-based organizations;
`(3) provide consultations with crime victims and former incarcerated prisoners and their families;
`(4) review the process by which the State adjudicates
violations of parole or supervised release and consider reforms to
maximize the use of graduated, community-based sanctions for minor and
technical violations of parole or supervised release;
`(5) establish prerelease planning procedures for
prisoners to ensure that a prisoner's eligibility for Federal or State
benefits (including Medicaid, Medicare, Social Security, and veterans'
benefits) upon release is established prior to release, subject to any
limitations in law, and to ensure that prisoners are provided with
referrals to appropriate social and health services or are linked to
appropriate community-based organizations;
`(6) target high-risk offenders for reentry programs through validated assessment tools; and
`(7) provide returning offenders with information on
how they can restore their voting rights, and any other civil or civic
rights denied to them due to their offender status, under the laws of
the State where they are released.
`(f) Requirements- The Attorney General may make a grant to an applicant only if the application--
`(1) reflects explicit support of the chief executive
officer of the State or unit of local government, territory, or Indian
tribe applying for a grant under this section;
`(2) provides extensive discussion of the role of State
corrections departments, community corrections agencies, juvenile
justice systems, or local jail systems in ensuring successful reentry
of ex-offenders into their communities;
`(3) provides extensive evidence of collaboration with
State and local government agencies overseeing health, housing, child
welfare, education, and employment services, and local law enforcement;
`(4) in the case of a State grantee, the State provides
a plan for the analysis of existing State statutory, regulatory,
rules-based, and practice-based hurdles to a prisoner's reintegration
into the community; in the case of a local grantee, the local grantee
provides a plan for the analysis of existing local statutory,
regulatory, rules-based, and practice-based hurdles to a prisoner's
reintegration into the community; and in the case of a territorial
grantee, the territory provides a plan for the analysis of existing
territorial statutory, regulatory, rules-based, and practice-based
hurdles to a prisoner's reintegration into the community that--
`(A) takes particular note of laws, regulations,
rules, and practices that disqualify former prisoners from obtaining
professional licenses or other requirements for certain types of
employment, and that hinder full civic participation;
`(B) identifies those laws, regulations, rules, or
practices that are not directly connected to the crime committed and
the risk that the ex-offender presents to the community; and
`(C) affords members of the public an opportunity to participate in the process described in this subsection; and
`(5) includes the use of a State or local task force to carry out the activities funded under the grant.
`(g) Uses of Grant Funds-
`(1) FEDERAL SHARE- The Federal share of a grant
received under this section may not exceed 75 percent of the project
funded under the grant, unless the Attorney General--
`(A) waives, in whole or in part, the requirement of this paragraph; and
`(B) publicly delineates the rationale for the waiver.
`(2) SUPPLEMENT NOT SUPPLANT- Federal funds received
under this section shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for the activities
funded under this section.
`(h) Reentry Strategic Plan-
`(1) IN GENERAL- As a condition of receiving financial
assistance under this section, each applicant shall develop a
comprehensive strategic reentry plan that contains measurable annual
and 5- to 10-year performance outcomes. The plan shall have as a goal
to reduce the rate of recidivism of incarcerated persons served with
funds from this section within the State by 50 percent over a period of
10 years.
`(2) COORDINATION- In developing reentry plans under
this subsection, applicants shall coordinate with communities and
stakeholders, including experts in the fields of public safety,
corrections, housing, health, education, employment, and members of
community and faith-based organizations that provide reentry services.
`(3) MEASUREMENTS OF PROGRESS- Each reentry plan
developed under this subsection shall measure the applicant's progress
toward increasing public safety by reducing rates of recidivism and
enabling released offenders to transition successfully back into their
communities.
`(1) IN GENERAL- As a condition of receiving financial
assistance under this section, each State or local government receiving
a grant shall establish or empower a Reentry Task Force, or other
relevant convening authority, to examine ways to pool existing
resources and funding streams to promote lower recidivism rates for
returning prisoners, and to minimize the harmful effects of
incarceration on families and communities by collecting data and best
practices in offender reentry from demonstration grantees and other
agencies and organizations.
`(2) MEMBERSHIP- The task force or other authority
shall be comprised of relevant State or local leaders, agencies,
service providers, community-based organizations, and stakeholders.
`(j) Strategic Performance Outcomes-
`(1) IN GENERAL- Each applicant shall identify specific
performance outcomes related to the long-term goals of increasing
public safety and reducing recidivism.
`(2) PERFORMANCE OUTCOMES- The performance outcomes
identified under paragraph (1) shall include, with respect to offenders
released back into the community--
`(C) employment and education;
`(D) violations of conditions of supervised release;
`(G) drug and alcohol abuse; and
`(H) participation in mental health services.
`(3) OPTIONAL MEASURES- States may also report on other
activities that increase the success rates of offenders who transition
from prison, such as programs that foster effective risk management and
treatment programming, offender accountability, and community and
victim participation.
`(4) COORDINATION- Applicants should coordinate with
communities and stakeholders about the selection of performance
outcomes identified by the applicants and with the Department of
Justice for assistance with data collection and measurement activities.
`(5) REPORT- Each grantee shall submit an annual report to the Department of Justice that--
`(A) identifies the grantee's progress toward achieving its strategic performance outcomes; and
`(B) describes other activities conducted by the grantee to increase the success rates of the reentry population.
`(k) Performance Measurement-
`(1) IN GENERAL- The Department of Justice, in consultation with the States, shall--
`(A) identify primary and secondary sources of
information to support the measurement of the performance indicators
identified under this section;
`(B) identify sources and methods of data collection in support of performance measurement required under this section;
`(C) provide to all grantees technical assistance
and training on performance measures and data collection for purposes
of this section; and
`(D) coordinate with the Substance Abuse and Mental
Health Services Administration on strategic performance outcome
measures and data collection for purposes of this section relating to
substance abuse and mental health.
`(2) COORDINATION- The Department of Justice shall
coordinate with other Federal agencies to identify national sources of
information to support State performance measurement.
`(l) Future Eligibility- To be eligible to receive a grant
under this section for fiscal years after the first receipt of such a
grant, a State shall submit to the Attorney General such information as
is necessary to demonstrate that--
`(1) the State has adopted a reentry plan that reflects input from community-based and faith-based organizations;
`(2) the public has been afforded an opportunity to provide input in the development of the plan;
`(3) the State`s reentry plan includes performance
measures to assess the State's progress toward increasing public safety
by reducing by 10 percent over the 2-year period the rate at which
individuals released from prison who participate in the reentry system
supported by Federal funds are recommitted to prison; and
`(4) the State will coordinate with the Department of
Justice, community-based and faith-based organizations, and other
experts regarding the selection and implementation of the performance
measures described in subsection (k).
`(m) National Adult and Juvenile Offender Reentry Resource Center-
`(1) AUTHORITY- The Attorney General may, using amounts
made available to carry out this subsection, make a grant to an
eligible organization to provide for the establishment of a National
Adult and Juvenile Offender Reentry Resource Center.
`(2) ELIGIBLE ORGANIZATION- An organization eligible
for the grant under paragraph (1) is any national nonprofit
organization approved by the Federal task force established under the
Enhanced Second Chance Act of 2007 that represents, provides technical
assistance and training to, and has special expertise and broad,
national-level experience in offender reentry programs, training, and
research.
`(3) USE OF FUNDS- The organization receiving the grant
shall establish a National Adult and Juvenile Offender Reentry Resource
Center to--
`(A) provide education, training, and technical
assistance for States, local governments, territories, Indian tribes,
service providers, faith-based organizations, and corrections
institutions;
`(B) collect data and best practices in offender reentry from demonstration grantees and others agencies and organizations;
`(C) develop and disseminate evaluation tools,
mechanisms, and measures to better assess and document coalition
performance measures and outcomes;
`(D) disseminate knowledge to States and other
relevant entities about best practices, policy standards, and research
findings;
`(E) develop and implement procedures to assist
relevant authorities in determining when release is appropriate and in
the use of data to inform the release decision;
`(F) develop and implement procedures to identify
efficiently and effectively those violators of probation or parole who
should be returned to prison and those who should receive other
penalties based on defined, graduated sanctions;
`(G) collaborate with the Federal task force
established under the Enhanced Second Chance Act of 2007 and the
Federal Resource Center for Children of Prisoners;
`(H) develop a national research agenda; and
`(I) bridge the gap between research and practice by translating knowledge from research into practical information.
`(4) HEADER- Of amounts made available to carry out
this section, not more than 4 percent shall be available to carry out
this subsection.
`(n) Administration- Of amounts made available to carry out
this section, not more than 2 percent shall be available for
administrative expenses in carrying out this section.'.
(d) Authorization of Appropriations- Section 2976 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is
amended in subsection (o)(1), as redesignated by subsection (c), by
striking `and $15,000,000 for fiscal year 2003' and all that follows
through the end of the sentence and inserting `$300,000,000 for fiscal
year 2008, and $300,000,000 for fiscal year 2009'.
SEC. 3104. TASK FORCE ON FEDERAL PROGRAMS AND ACTIVITIES RELATING TO REENTRY OF OFFENDERS.
(a) Task Force Required- The Attorney General, in
consultation with the Secretary of Housing and Urban Development, the
Secretary of Labor, the Secretary of Education, the Secretary of Health
and Human Services, the Secretary of Agriculture, the Secretary of
Veterans Affairs, and the heads of such other elements of the Federal
Government as the Attorney General considers appropriate, and in
collaboration with stakeholders, service providers, community-based
organizations, States, territories, Indian tribes, and local
governments, shall establish an interagency task force on programs and
activities relating to the reentry of offenders into the community.
(b) Duties- The task force established under subsection (a) shall--
(1) identify such programs and activities that may
result in overlapping or duplication of services, the scope of such
overlapping or duplication, and the relationship of such overlapping
and duplication to public safety, public health, and effectiveness and
efficiency;
(2) identify methods to improve collaboration and coordination of such programs and activities;
(3) identify areas of responsibility in which improved
collaboration and coordination of such programs and activities would
result in increased effectiveness or efficiency;
(4) develop innovative interagency or intergovernmental
programs, activities, or procedures that would improve outcomes of
reentering offenders and children of offenders;
(5) develop methods for increasing regular communication that would increase interagency program effectiveness;
(6) identify areas of research that can be coordinated
across agencies with an emphasis on applying science-based practices to
support treatment and intervention programs for reentering offenders;
(7) identify funding areas that should be coordinated across agencies and any gaps in funding; and
(8) in conjunction with the National Adult and Juvenile
Offender Reentry Resource Center, identify successful programs
currently operating and collect best practices in offender reentry from
demonstration grantees and other agencies and organizations, determine
the extent to which such programs and practices can be replicated, and
make information on such programs and practices available to States,
localities, community-based organizations, and others.
(c) Report- Not later than 1 year after the date of
enactment of this Act, the task force established under subsection (a)
shall submit a report, including recommendations, to Congress on
barriers to reentry. The task force shall provide for public input in
preparing the report. The report shall identify Federal and other
barriers to successful reentry of offenders into the community and
analyze the effects of such barriers on offenders and on children and
other family members of offenders, including barriers to--
(1) parental incarceration as a consideration for
purposes of family reunification under the Adoption and Safe Families
Act of 1997;
(2) admissions in and evictions from Federal housing programs;
(3) child support obligations and procedures;
(4) Social Security benefits, veterans' benefits, food stamps, and other forms of Federal public assistance;
(5) Medicaid and Medicare procedures, requirements, regulations, and guidelines;
(6) education programs, financial assistance, and full civic participation;
(7) TANF program funding criteria and other welfare benefits;
(9) laws, regulations, rules, and practices that
restrict Federal employment licensure and participation in Federal
contracting programs;
(10) reentry procedures, case planning, and the
transition of persons from the custody of the Federal Bureau of Prisons
to a Federal parole or probation program or community corrections;
(11) laws, regulations, rules, and practices that may
require a parolee to return to the same county that the parolee was
living in prior to his or her arrest, and the potential for changing
such laws, regulations, rules, and practices so that a parolee may
change his or her setting upon release, and not settle in the same
location with persons who may be a negative influence; and
(12) prerelease planning procedures for prisoners to
ensure that a prisoner's eligibility for Federal or State benefits
(including Medicaid, Medicare, Social Security, and veterans' benefits)
upon release is established prior to release, subject to any
limitations under the law, and the provision of referrals to
appropriate social and health services or are linked to appropriate
community-based organizations.
(d) Annual Reports- On an annual basis, the task force
required by subsection (a) shall submit to Congress a report on the
activities of the task force, including specific recommendations of the
task force on matters referred to in subsection (b).
SEC. 3105. OFFENDER REENTRY RESEARCH.
(a) National Institute of Justice- From amounts made
available to carry out this subtitle, the National Institute of Justice
may conduct research on offender reentry, including--
(1) a study identifying the number and characteristics
of children who have had a parent incarcerated and the likelihood of
these minors becoming involved in the criminal justice system some time
in their lifetime;
(2) a study identifying a mechanism to compare rates of
recidivism (including rearrest, violations of parole and probation, and
reincarceration) among States; and
(3) a study on the population of individuals released
from custody who do not engage in recidivism and the characteristics
(housing, employment, treatment, family connection) of that population.
(b) Bureau of Justice Statistics- From amounts made
available to carry out this subtitle, the Bureau of Justice Statistics
may conduct research on offender reentry, including--
(1) an analysis of special populations, including
prisoners with mental illness or substance abuse disorders, female
offenders, juvenile offenders, and the elderly, that present unique
reentry challenges;
(2) studies to determine who is returning to prison or
jail and which of those returning prisoners represent the greatest risk
to community safety;
(3) annual reports on the profile of the population coming out of prisons, jails, and juvenile justice facilities;
(4) a national recidivism study every 3 years; and
(5) a study of parole violations and revocations.
SEC. 3106. CHILDREN OF INCARCERATED PARENTS AND FAMILIES.
(a) Intake Procedures and Education Programs-
(1) PILOT PROGRAM- The Federal Bureau of Prisons shall,
using amounts made available to carry out this subsection, carry out a
pilot program to--
(A) collect information regarding the dependent
children of an incarcerated person as part of standard intake
procedures, including the number, age, and residence of such children;
(B) review all policies, practices, and facilities
to ensure that, as appropriate to the health and well-being of the
child, they support the relationship between family and child;
(C) identify the training needs of staff with
respect to the impact of incarceration on children, families, and
communities, age-appropriate interactions, and community resources for
the families of incarcerated persons; and
(D) take such steps as are necessary to encourage
State correctional agencies to implement the requirements of
subparagraphs (A) through (C).
(2) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated to carry out this subsection $2,500,000
for each of fiscal years 2008 and 2009.
(b) Duties of Secretary- The Secretary of Health and Human Services shall--
(1) review, and make available to States a report on
any recommendations regarding, the role of State child protective
services at the time of the arrest of a person; and
(2) by regulation, establish such services as the
Secretary determines necessary, as appropriate to the health and
well-being of any child involved, for the preservation of families that
have been impacted by the incarceration of a family member.
SEC. 3107. ENCOURAGEMENT OF EMPLOYMENT OF FORMER PRISONERS.
The Secretary of Labor shall take such steps as are
necessary to implement a program, including the Employment and Training
Administration, to educate employers about existing incentives,
including bonding, to the hiring of former Federal, State, or county
prisoners.
SEC. 3108. FEDERAL RESOURCE CENTER FOR CHILDREN OF PRISONERS.
There are authorized to be appropriated to the Secretary of
Health and Human Services for each of fiscal years 2008 and 2009, such
sums as may be necessary for the continuing activities of the Federal
Resource Center for Children of Prisoners, including conducting a
review of the policies and practices of State and Federal corrections
agencies to support parent-child relationships, as appropriate for the
health and well-being of the child.
SEC. 3109. ELIMINATION OF AGE REQUIREMENT FOR RELATIVE CAREGIVER UNDER NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.
Section 372 of the National Family Caregiver Support Act
(part E of title III of the Older Americans Act of 1965; 42 U.S.C.
3030s) is amended in paragraph (3) by striking `who is 60 years of age
or older and--' and inserting `who--'.
SEC. 3110. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN COMMUNITY CORRECTIONS.
Section 3624(c) of title 18, United States Code, is amended to read as follows:
`(1) IN GENERAL- The Bureau of Prisons shall, to the
extent practicable, assure that a prisoner serving a term of
imprisonment spends a reasonable part of the final portion of the term
to be served, not to exceed 1 year, under conditions that will afford
the prisoner a reasonable opportunity to adjust to and prepare for the
prisoner's reentry into the community. Such conditions may include a
community correctional facility.
`(2) AUTHORITY- This subsection authorizes the Bureau
of Prisons to place a prisoner in home confinement for the last 10
percent of the term to be served, not to exceed 6 months.
`(3) ASSISTANCE- The United States Probation System
shall, to the extent practicable, offer assistance to a prisoner during
such prerelease custody.
`(4) NO LIMITATIONS- Nothing in this subsection shall
be construed to limit or restrict the authority of the Bureau of
Prisons granted under section 3621 of this title.'.
SEC. 3111. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT FUNDING FOR DEMONSTRATION PROJECT ACTIVITIES.
Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is amended--
(1) in paragraph (2), by striking `and' at the end;
(2) in paragraph (3), by striking the period at the end and inserting `; and'; and
(3) by adding at the end the following:
`(4) to carry out any activity referred to in
subsections (b) and (c) of section 2976 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797w(b)-(c)).'.
SEC. 3112. GRANTS TO STUDY PAROLE OR POST INCARCERATION SUPERVISION VIOLATIONS AND REVOCATIONS.
(a) Grants Authorized- From amounts made available to carry
out this section, the Attorney General may award grants to States to
study, and to improve the collection of data with respect to,
individuals whose parole or post-incarceration supervision is revoked
and which such individuals represent the greatest risk to community
safety.
(b) Application- As a condition of receiving a grant under this section, a State shall--
(1) certify that the State has, or intends to
establish, a program that collects comprehensive and reliable data with
respect to individuals described in subsection (a), including data on--
(A) the number and type of parole or post-incarceration supervision violations that occur within the State;
(B) the reasons for parole or post-incarceration supervision revocation;
(C) the underlying behavior that led to the revocation; and
(D) the term of imprisonment or other penalty that is imposed for the violation; and
(2) provide the data described in paragraph (1) to the Bureau of Justice Statistics, in a form prescribed by the Bureau.
(c) Authorization of Appropriations- There are authorized
to be appropriated to carry out this section $1,000,000 for each of
fiscal years 2008 and 2009.
SEC. 3113. REAUTHORIZATION OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS PROGRAM.
(a) In General- The Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3701 et seq.) is amended by inserting after
section 1905 the following:
`SEC. 1906. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated $30,000,000 to
carry out the purposes of this part for each of fiscal years 2008
through 2012.'.
(b) Improvements to Program- Section 1902 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-1) is
amended--
(A) in the subsection heading, by striking `Eligibility for Preference With' and inserting `Requirement for';
(B) by striking paragraph (1) and inserting the following:
`(1) To be eligible for funding under this part, a
State shall ensure that individuals who participate in the
evidence-based substance abuse treatment program established or
implemented with assistance provided under this part will be provided
with aftercare services.'; and
(C) by adding at the end the following:
`(4) Aftercare services required under paragraph (1) shall be funded by amounts made available under this part.';
(2) by redesignating subsections (c) through (f) as (d) through (g), respectively; and
(3) by inserting after subsection (b) the following:
`(c) Definition of Residential Substance Abuse Treatment-
The term `residential substance abuse treatment' means a course of
evidence-based individual and group activities and treatment, lasting
not less than 6 months, in residential treatment facilities set apart
from the general prison population. Such treatment can include the use
of pharmacotherapies, where appropriate, that may be administered for
more than 6 months.'.
SEC. 3114. REAUTHORIZATION OF SUBSTANCE ABUSE TREATMENT PROGRAM UNDER TITLE 18.
Section 3621(e) of title 18, United States Code, is amended--
(1) by striking paragraph (4) and inserting the following:
`(4) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated $30,000,000 to carry out this subsection
for each of fiscal years 2008 through 2012.'; and
(2) in paragraph (5), by striking subparagraph (A) and inserting the following:
`(A) the term `residential substance abuse
treatment' means a course of evidence-based individual and group
activities and treatment, lasting not less than 6 months, in
residential treatment facilities set apart from the general prison
population, and such treatment can include the use of
pharmacotherapies, where appropriate, that may be administered for more
than 6 months;'.
SEC. 3115. REMOVAL OF LIMITATION ON AMOUNT OF FUNDS
AVAILABLE FOR CORRECTIONS EDUCATION PROGRAMS UNDER THE ADULT EDUCATION
AND FAMILY LITERACY ACT.
(a) In General- Section 222(a)(1) of the Adult Education
and Family Literacy Act (20 U.S.C. 9222(a)(1)) is amended by striking
`, of which not more than 10 percent' and inserting `of which not less
than 10 percent'.
(b) Report- Not later than 180 days after the date of
enactment of this Act, the Secretary of Education shall submit to
Congress a report on the use of literacy funds to correctional
intuitions, as defined in section 225(d)(2) of the Adult Education and
Family Literacy Act (20 U.S.C. 9224(d)(2)). The report shall specify
the amount of literacy funds that are provided to each category of
correctional institution in each State, and identify whether funds are
being sufficiently allocated among the various types of institutions.
SEC. 3116. MENTORING GRANTS TO COMMUNITY-BASED ORGANIZATIONS.
(a) Authority To Make Grants- From amounts made available
under this section, the Secretary of Labor shall make grants to
community-based organizations for the purpose of providing mentoring
and other transitional services essential to reintegrating ex-offenders
and incarcerated persons into society.
(b) Use of Funds- Grant funds awarded under subsection (a) may be used for--
(1) mentoring adult and juvenile offenders; and
(2) transitional services to assist in the reintegration of ex-offenders into the community.
(c) Application- To be eligible to receive a grant under
this section, a community-based organization shall submit an
application to the Secretary of Labor, based upon criteria developed by
the Secretary of Labor in consultation with the Attorney General and
the Secretary of Housing and Urban Development.
(d) Strategic Performance Outcomes- The Secretary of Labor
may require each applicant to identify specific performance outcomes
related to the long-term goal of stabilizing communities by reducing
recidivism and reintegrating ex-offenders and incarcerated persons into
society.
(e) Authorization of Appropriations- There are authorized
to be appropriated to carry out this section $25,000,000 for each of
fiscal years 2008 and 2009.
SEC. 3117. GROUP HOMES FOR RECOVERING SUBSTANCE ABUSERS.
Section 1925 of the Public Health Service Act (42 U.S.C. 300x-25) is amended--
(1) in subsection (a)(4), by striking `$4,000' and inserting `$6,000'; and
(2) by adding at the end the following:
`(d) Recovery Home Outreach Workers-
`(1) IN GENERAL- The Secretary shall award a grant to
an eligible entity to enable such entity to establish group homes for
recovering substance abusers in accordance with this section.
`(2) ELIGIBILITY- To be eligible to receive a grant under paragraph (1), an entity shall--
`(A) be a national nonprofit organization that has
established at least 500 self-administered, self-supported substance
abuse recovery homes; and
`(B) prepare and submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
`(3) USE OF FUNDS- An entity shall use amounts received under the grant under paragraph (1) to--
`(A) establish group homes for recovering substance
abusers that conform to the requirements of subparagraphs (A) through
(D) of subsection (a)(6), through activities including--
`(i) locating a suitable facility to use as the group home;
`(ii) the execution of a lease for the use of such home; and
`(iii) obtaining a charter for the operation of such home from a national non-profit organization;
`(B) recruit recovering substance abusers to reside
in the group home by working with criminal justice officials and
substance abuse treatment providers, including through activities
targeting individuals being released from incarceration; and
`(C) carry out other activities related to establishing a group home for recovering substance abusers.
`(4) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated to carry out this subsection, $3,000,000
for each of fiscal years 2008 through 2009. Amounts appropriated under
this paragraph shall be in addition to amounts otherwise appropriated
to carry out this subpart.'.
SEC. 3118. IMPROVED REENTRY PROCEDURES FOR FEDERAL PRISONERS.
(a) General Reentry Procedures- The Department of Justice
shall take such steps as are necessary to modify existing procedures
and policies to enhance case planning and to improve the transition of
persons from the custody of the Bureau of Prisons to the community,
including placement of such individuals in community corrections
facilities.
(b) Procedures Regarding Benefits- The Bureau of Prisons
shall establish prerelease planning procedures for Federal prisoners to
ensure that a prisoner's eligibility for Federal or State benefits
(including Medicaid, Medicare, Social Security, and veterans' benefits)
upon release is established prior to release, subject to any
limitations in law. The Bureau shall also coordinate with inmates to
ensure that inmates have medical appointments scheduled and have plans
to secure needed and sufficient medications, particularly with regard
to the treatment of mental illness. The Bureau shall provide each
ex-offender released from Federal prisons information on how the
reentering offender can restore voting rights, and other civil or civic
rights, denied to the reentering offender based upon their offender
status in the State to which that reentering offender shall be
returning. This information shall be provided to each reentering
offender in writing, and in a language that the reentering offender can
understand.
SEC. 3119. FAMILY UNIFICATION IN PUBLIC HOUSING.
Section 576 of the Quality Housing and Work Responsibility Act of 1988 (Public Law 105-276; 42 U.S.C. 13661) is amended--
(1) by striking subsection (c) and inserting the following:
`(c) Authority To Deny Admission to Criminal Offenders-
`(1) IN GENERAL- Except as provided in subsections (a)
and (b) of this section and in addition to any other authority to
screen applicants, in selecting among applicants for admission to the
program or to federally assisted housing, if the public housing agency
or owner of such housing, as applicable, determines that an applicant
or any member of the applicant's household is engaged in or was
convicted of, during a reasonable time preceding the date when the
applicant household would otherwise be selected for admission, any
drug-related or violent criminal activity or other criminal activity
which would adversely affect the health, safety, or right to peaceful
enjoyment of the premises by other residents, the owner, or public
housing agency employees, the public housing agency or owner may--
`(A) deny such applicant admission to the program or to federally assisted housing; and
`(B) after the expiration of the reasonable period
beginning upon such activity, require the applicant, as a condition of
admission to the program or to federally assisted housing, to submit to
the public housing agency or owner evidence sufficient (as the
Secretary shall by regulation provide) to ensure that the individual or
individuals in the applicant's household who engaged in criminal
activity for which denial was made under paragraph (1) have not engaged
in any criminal activity during such reasonable period.
`(2) CONSIDERATION OF REHABILITATION- In determining
whether, pursuant to paragraph (1), to deny admission to the program or
federally assisted housing to any household, a public housing agency or
an owner shall, prior to an initial denial of eligibility, consider the
following factors:
`(A) The effect of denial on the applicant's family, particularly minor children.
`(B) Whether such household member has successfully
completed a supervised drug or alcohol rehabilitation program (as
applicable) and is no longer engaging in the illegal use of a
controlled substance or abuse of alcohol (as applicable) to the extent
that such use would constitute a threat to the health, safety, or
well-being of other residents.
`(C) Whether such household member has otherwise
been rehabilitated successfully and is no longer engaging in the
illegal use of a controlled substance or abuse of alcohol (as
applicable) to the extent that such use would constitute a threat to
the health, safety, or well-being of other residents.
`(D) Whether such household member is participating
in a supervised drug or alcohol rehabilitation program (as applicable)
and is no longer engaging in the illegal use of a controlled substance
or abuse of alcohol (as applicable) to the extent that such use would
constitute a threat to the health, safety, or well-being of other
residents.
`(E) Other mitigating circumstances such as--
`(i) the applicant's involvement in the community;
`(ii) the applicant's enrollment in or completion of a job training program;
`(iii) the employment status of the applicant;
`(iv) any other circumstances which reflect the efforts the applicant has made toward rehabilitation; and
`(v) the availability of other housing options.'; and
(2) by adding at the end the following:
`(d) Conditional Eligibility- A public housing agency or
owner of such housing may condition an applicant's or a households'
eligibility for federally assisted housing on the participation of the
applicant, or a member of the applicant's household, in a supervised
rehabilitation program, or other appropriate social services.'.
Subtitle B--Commission To Study Alternatives to Incarceration of Non-Violent Mentally Ill Offenders Act of 2007
SEC. 3201. SHORT TITLE.
This subtitle may be cited as the `Commission to Study
Alternatives to Incarceration of Non-Violent Mentally Ill Offenders Act
of 2007'.
SEC. 3202. FINDINGS.
Congress finds the following:
(1) A Bureau of Justice Statistics report from
September 2006, entitled `Mental Health Problems of Prison and Jail
Inmates', found that more than 50 percent of all prison and jail
inmates had a mental health problem, including 705,600 inmates in State
prisons, 78,800 in Federal prisons, and 479,900 in local jails.
(2) Fifty-six percent of State prisoners, 45 percent of
Federal prisoners, and 64 percent of jail inmates were found to have a
mental health problem.
(3) Twenty-four percent of jail inmates and 15 percent
of State prisoners `reported symptoms that met the criteria for a
psychotic disorder'.
(4) Female inmates had higher rates of mental health
problems than male inmates, specifically in State prisons, 73 percent
of females and 55 percent of males reported mental health problems and
in local jails, 75 percent of females and 63 percent of males reported
mental health problems.
(5) Thirteen percent of State prisoners who had a
mental health problem were homeless in the year before their arrest,
twice the percentage of State prisoners that did not have a mental
health problem who were homeless in the year before their arrest.
(6) Twenty-four percent of jail inmates who had a
mental health problem reported being physically or sexually abused in
the past, which is 3 times the percentage of jail inmates without a
mental health problem reporting such abuse.
(7) Twenty percent of State prisoners who had a mental
health problem were injured in a fight after being incarcerated, twice
the percentage of State prisoners without a mental health problem who
were injured in a fight after being incarcerated.
(8) The National Association of Counties unanimously
adopted a resolution in 2006, calling for the creation of a national
commission to study and make recommendations on the jailing of the
nonviolent mentally ill in county jails and State prisons. In passing
this resolution, the National Association of Counties pointed out that
`The nation's local jails are increasingly becoming the dumping grounds
for the mentally ill.'.
(9) The National Association of Counties has emphasized
the importance of including on the national commission described in
paragraph (8) representatives of organizations that represent
governments and government agencies, including representatives from
organizations such as the National Association of Cities, the National
League of Cities, the United States Conference of Mayors, the Council
of State Governments, the National Conference of State Legislatures,
the National Governors Association, and the International City/County
Management Association and a representative from the Office of
Management and Budget.
(10) Other groups, including the National Sheriffs'
Association, the National District Attorneys Association, the American
Psychiatric Association, the National Association of Country Behavioral
and Development Disability Directors, and the American Correctional
Association all support the creation of the national commission
described in paragraph (8).
SEC. 3203. NATIONAL COMMISSION ON INMATES WITH MENTAL ILLNESS.
(a) Establishment- Not later than 3 months after the date
of enactment of this Act, the Attorney General of the United States
shall establish a commission to study the jailing of nonviolent
offenders with mental illness and to make recommendations to all levels
of government for the most appropriate way to deal with these offenders
(in this subtitle referred to as the `Commission').
(1) IN GENERAL- The Attorney General shall appoint the members of the Commission.
(2) MEMBERS- The Commission shall include--
(A) representatives from agencies of the Federal
Government with criminal justice, health, housing, employment or social
service responsibilities, including--
(i) the Substance Abuse and Mental Health Services Administration;
(ii) the Department of Housing and Urban Development;
(iii) the Bureau of Justice Assistance of the Department of Justice;
(iv) the Bureau of Justice Statistics of the Department of Justice;
(v) the National Institute of Justice of the Department of Justice; and
(vi) the Department of Labor;
(B) representatives of general purpose government
and national organizations representing key constituencies at the local
and State level, such as--
(i) the National Governors' Association;
(ii) the National League of Cities;
(iii) the National Association of Counties;
(iv) the National Conference of State Legislatures;
(v) the Council of State Governments;
(vi) the National Sheriffs' Association;
(vii) the National District Attorneys Association;
(viii) the National Association of County Health Officials;
(ix) the National Association of County Behavioral Health Directors;
(x) the National GAINS Center;
(xi) the National Commission on Correctional Health Care;
(xii) the National Association of Drug Court Professionals;
(xiii) the National Mental Health Association;
(xiv) the National Alliance on Mental Illness;
(xv) the American Psychological Association;
(xvi) the American Psychiatric Association;
(xvii) the International Association of Chiefs of Police;
(xviii) the Police Executive Research Forum;
(xix) the American Probation and Parole Association;
(xx) the American Bar Association;
(xxi) the American Jail Association;
(xxii) the National Association of State Alcohol and Drug Abuse Directors;
(xxiii) the Judge David Bazelon Center for Mental Health Law;
(xxiv) the Partners in Crisis of America;
(xxv) the American Correctional Association; and
(xxvi) the National Institute of Corrections;
(C) members of community-based groups working with the mentally ill;
(D) representatives of victims rights groups; and
(E) representatives of other organizations or entities, as determined by the Attorney General.
(c) Period of Appointment; Vacancies- Members shall be
appointed for the life of the Commission. Any vacancy in the Commission
shall not affect its powers.
(d) Initial Meeting- Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold its first meeting.
(e) Meetings- The Commission shall meet at the call of the Chairman.
(f) Quorum- A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may hold
hearings.
(g) Chairman and Vice Chairman- The Commission shall select a Chairman and Vice Chairman from among its members.
SEC. 3204. REPORTING.
(a) In General- Not later than 1 year after the date of
enactment of this Act, the Commission shall submit a report to the
Committee on the Judiciary and the Committee on Appropriations of the
Senate and the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, the Governor of each
State, and any agency, association, or entity participating on the
Commission regarding nonviolent offenders with mental illness. The
report shall also be made available on the Internet.
(b) Contents- The report submitted under subsection (a) shall--
(1) address how the various levels of government can
work together effectively on dealing appropriately with nonviolent
offenders with mental illness, including recommendations, if any,
regarding how the Federal Government can assist State and local
governments in dealing with such offenders;
(2) identify best practices regarding nonviolent offenders with mental illness;
(3) discuss the appropriateness of housing nonviolent,
mentally ill offenders in jails and prisons, and identify alternatives
to such housing;
(4) identify special challenges faced by mentally ill
offenders while in prisons and jails, including being involved in
physical altercations;
(5) describe the causes of the increase of mentally ill offenders; and
(6) discuss the role mental illness plays in recidivism.
SEC. 3205. POWERS OF THE COMMISSION.
(a) Hearings- The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this
subtitle.
(b) Information From Federal Agencies- The Commission may
secure directly from any Federal department or agency such information
as the Commission considers necessary to carry out this subtitle. Upon
request of the Chairman of the Commission, the head of such department
or agency shall furnish such information to the Commission.
(c) Postal Services- The Commission may use the United
States mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts- The Commission may accept, use, and dispose of gifts or donations of services or property.
SEC. 3206. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members- Each member of the Commission
who is not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses- The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(1) IN GENERAL- The Chairman 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.
(2) COMPENSATION- The Chairman of the Commission may
fix the compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53 of title
5, United States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
executive director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of such title.
(d) Detail of Government Employees- Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services- The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 3207. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the Commission submits its report under section 3204.
SEC. 3208. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated to
the Commission $3,000,000 for each of fiscal years 2008 and 2009 to
carry out this subtitle.
(b) Availability- Any sums appropriated under the
authorization contained in this section shall remain available, without
fiscal year limitation, until expended.
TITLE IV--PROTECTING CHILDREN
Subtitle A--Combating Child Exploitation Act of 2007
SEC. 4101. SHORT TITLE.
This subtitle may be cited as the `Combating Child Exploitation Act of 2007'.
SEC. 4102. FINDINGS.
Congress finds the following:
(1) The Internet has facilitated the growth of a
multi-billion dollar global market for images and video of children
being sexually-displayed, raped, and tortured, far exceeding law
enforcement's capacity to respond at the Federal, State, and local
level.
(2) The explosion of child pornography trafficking is
claiming very young victims. Research by the Department of Justice, the
University of New Hampshire, and the National Center for Missing and
Exploited Children indicates that among those arrested for possession
of child pornography, 83 percent have images of children 6-12 years
old, 39 percent have images of children 3-5 years old, and 19 percent
have images of children under the age of 3 years old.
(3) The images and videos being trafficked typically
depict sexual assaults that are both graphic and brutal. The same
research indicates that 80 percent of known child pornography
possessors have images of children being sexually penetrated and 21
percent have images depicting children bound, gagged, blindfolded, or
`otherwise enduring sadistic sex.' Just 1 percent restricted their
collecting to images of simple child nudity.
(4) Millions of American children and teens are at risk
from sexual predators who are hunting, stalking, and luring minors
online. Along with the incredible access to the world offered our
children by the Internet, the Internet also offers the world access to
our children.
(5) The Internet Crimes Against Children Task Force
program (`ICAC Program') of the Department of Justice has identified
millions of child pornography transactions involving images and video
of child sexual assault from millions of computer IP addresses
worldwide.
(6) The ICAC Program has been highly successful in
creating and sustaining an emerging national network of 46 Federal,
State, and local task forces, which form the backbone of America's
national readiness to combat child exploitation.
(7) In testimony before Congress, law enforcement
experts have expressed consensus that lack of dedicated forensic
analysis capacity is a severe problem at the Federal, State, and local
level, severely limiting the number of predators that can be
interdicted and children that can be identified and rescued.
(8) The Federal Bureau of Investigation, the Department
of Immigrations and Customs Enforcement, and the United States Postal
Inspection Service have each developed highly specialized and
successful child exploitation investigative capabilities, yet these
agencies have testified to Congress that they must triage the
overwhelming number of child exploitation crimes and cannot investigate
a large percentage of known crimes.
(9) Child pornography and online child enticement
crimes have among the highest conviction rates of any child sexual
offense, and the Department of Justice funded research indicates that
the majority of child pornography offenders have committed or attempted
direct sexual contact offenses against children. Investigating and
prosecuting these predators is thus one of the most concrete and
measurable strategies for the prevention of future child sexual abuse.
SEC. 4103. DEFINITIONS.
In this subtitle, the following definitions shall apply:
(1) CHILD EXPLOITATION- The term `child exploitation'
means any conduct, or an attempt or conspiracy to commit such conduct,
constituting criminal sexual abuse of a minor, sexual exploitation of a
minor, abusive sexual contact of a minor, sexually explicit conduct
with a minor, or any similar offense under Federal or State law.
(2) MINOR- The term `minor' means any person under the age of 18 years.
(3) SEXUALLY EXPLICIT CONDUCT- The term `sexually
explicit conduct' has the meaning as in section 2256 of title 18,
United States Code.
PART I--SPECIAL COUNSEL FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION
SEC. 4111. ESTABLISHMENT OF SPECIAL COUNSEL FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION.
(a) In General- The Attorney General shall appoint a
Special Counsel for Child Exploitation Prevention and Interdiction
within the Office of the Deputy Attorney General.
(b) Duties of the Special Counsel- The Special Counsel appointed under subsection (a) shall have the following duties:
(1) Coordinating the policies and strategies of the
Department of Justice related to the prevention and investigation of
child exploitation cases, including the policies and strategies of the
Office of Justice Programs, the Criminal Division of the Department of
Justice, the Executive Office of United States Attorneys, the Federal
Bureau of Investigation, and any other agency or bureau of the
Department of Justice whose activities relate to child exploitation
cases.
(2) Pursuing memorandums of understanding or other
interagency agreements related to the prevention, investigation, and
apprehension of individuals exploiting children, including seeking
cooperation and collaboration with--
(A) the Bureau of Immigration and Customs Enforcement;
(B) the Department of State;
(C) the Department of Commerce;
(D) the Department of Education; and
(E) other Federal agencies.
(3) Directing and overseeing the ICAC Task Force Program established under section 4112.
(4) Directing and overseeing the National Internet Crimes Against Children Data Network Center established under section 4115.
(5) Directing and overseeing the ICAC grant program established under section 4116.
(6) Coordinating technical assistance to Federal,
State, local, and tribal law enforcement agencies in the prevention,
investigation, and prosecution of child exploitation crimes.
(7) Coordinating training to Federal, State, local, and
tribal law enforcement agencies in the prevention, investigation, and
prosecution of child exploitation crimes.
(8) Coordinating training and technical assistance to
Federal, State, local, and tribal on forensic computer examination and
analysis.
(9) Directing and overseeing programs for child
exploitation prevention and education, including programs related to
Internet safety.
(10) Maintaining liaison with the judicial branches of
the Federal and State Governments on matters relating to child
exploitation.
(11) Providing information to the President, the
Congress, the judiciary, State, local, and tribal governments, and the
general public on matters relating to child exploitation.
(12) Serving, at the request of the Attorney General,
as the representative of the Department of Justice on domestic task
forces, committees, or commissions addressing policy or issues relating
to child exploitation.
(13) Serving, at the request of the President, acting
through the Attorney General, as the representative of the United
States Government on human rights and economic justice matters related
to child exploitation in international fora, including the United
Nations.
(14) Providing technical assistance, coordination, and support to--
(A) other components of the Department of Justice,
in efforts to develop policy and to enforce Federal laws relating to
child exploitation cases, including the litigation of civil and
criminal actions relating to enforcing such laws;
(B) other Federal, State, local, and tribal
agencies, in efforts to develop policy, provide technical assistance,
and improve coordination among agencies carrying out efforts to
eliminate child exploitation; and
(C) grantees, in efforts to combat child exploitation and to provide support and assistance to victims of such exploitation.
SEC. 4112. ESTABLISHMENT OF ICAC TASK FORCE PROGRAM.
(a) Establishment- There is established within the Office
of Justice Programs in the Department of Justice, under the general
authority of the Attorney General, an Internet Crimes Against Children
Task Force (hereinafter in this part referred to as the `ICAC Task
Force'), which shall consist of a national program of State and local
law enforcement task forces dedicated to developing effective responses
to online enticement of children by sexual predators, child
exploitation, and child obscenity and pornography cases.
(b) National Program- The national ICAC Task Force program
required under subsection (a) shall consist of at least 1 ICAC task
force in each State.
SEC. 4113. PURPOSE OF ICAC TASK FORCES.
The ICAC Task Force, and each State or local ICAC task
force that is part of the national program of task forces shall be
dedicated towards--
(1) increasing the investigative capabilities of State
and local law enforcement officers in the detection, investigation, and
apprehension of Internet crimes against children offenses or offenders,
including technology-facilitated child exploitation offenses;
(2) conducting proactive and reactive Internet crimes against children investigations;
(3) providing training and technical assistance to ICAC
Task Forces and other Federal, State, and local law enforcement
agencies in the areas of investigations, forensics, prosecution,
community outreach, and capacity-building, using recognized experts to
assist in the development and delivery of training programs;
(4) increasing the number of Internet crimes against children offenses being prosecuted in both Federal and State courts;
(5) creating a multiagency task force response to Internet crimes against children offenses within each State;
(6) enhancing nationwide responses to Internet crimes
against children offenses, including assisting other ICAC task forces,
as well as other Federal, State, and local agencies with Internet
crimes against children investigations and prosecutions;
(7) developing and delivering Internet crimes against children public awareness and prevention programs; and
(8) participating in such other activities, both
proactive and reactive, that will enhance investigations and
prosecutions of Internet crimes against children.
SEC. 4114. DUTIES AND FUNCTIONS OF TASK FORCES.
Each State or local ICAC task force that is part of the national program of task forces shall--
(1) consist of State and local investigators,
prosecutors, forensic specialists, and education specialists who are
dedicated full-time to address the goals of such task force;
(2) work consistently towards achieving the purposes described in section 4113;
(3) engage in proactive investigations, forensic examinations, and effective prosecutions of Internet crimes against children;
(4) provide forensic, preventive, and investigative
assistance to parents, educators, prosecutors, law enforcement, and
others concerned with Internet crimes against children;
(5) develop multijurisdictional, multiagency responses
and partnerships to Internet crimes against children offenses through
ongoing informational, administrative, and technological support to
other State and local law enforcement agencies, as a means for such
agencies to acquire the necessary knowledge, personnel, and specialized
equipment to investigate and prosecute such offenses;
(6) fully participate in any nationally coordinated investigation, as requested by the Attorney General;
(7) establish investigative and prosecution standards,
consistent with established norms, to which that task force shall
comply;
(8) investigate, and seek prosecution on, tips related
to Internet crimes against children, including tips from other law
enforcement agencies, ICAC task forces, the National Center for Missing
and Exploited Children, and other Federal, State, and local agencies;
(9) develop procedures for handling seized evidence;
(10) maintain such reports and records as are required under this part; and
(11) seek to comply with national standards regarding
the investigation and prosecution of Internet crimes against children,
as set forth by the Attorney General, to the extent such standards are
consistent with the law of the State where the task force is located.
SEC. 4115. NATIONAL ICAC DATA NETWORK CENTER.
(a) In General- The Attorney General shall establish a National Internet Crimes Against Children Data Network Center.
(b) Purpose of Center- The National Internet Crimes Against
Children Data Network Center established under subsection (a) shall be
dedicated to assisting--
(1) the ICAC Task Force Program established under this part; and
(2) Federal, State, local, and tribal agencies investigating and prosecuting child exploitation.
(c) Mandatory Requirements for Center- The National
Internet Crimes Against Children Data Network Center established under
subsection (a) shall develop and maintain an integrated technology and
training program that provides--
(1) a secure, online information-sharing and case
management system for use by ICAC Task Forces, Federal law enforcement
agencies, and other State and local law enforcement agencies;
(2) a secure, online system for resolving case
conflicts, for use by ICAC Task Forces, Federal law enforcement
agencies, and other State and local law enforcement agencies;
(3) a secure intelligence data storage and analysis
system for use by ICAC Task Forces, Federal law enforcement agencies,
and other State and local law enforcement agencies;
(4) guidelines for the use of such Data Network by Federal, State, and local law enforcement agencies; and
(5) training and technical assistance on the use of such Data Network by Federal, State, and local law enforcement agencies.
(d) Authorization of Appropriations- There are authorized
to be appropriated for each of the fiscal years 2008 through 2015,
$2,000,000 to carry out the provisions of this section, including for--
(1) the establishment of the National Internet Crimes Against Children Data Network Center; and
(2) the costs of operating and maintaining such Center.
SEC. 4116. ICAC GRANT PROGRAM.
(1) IN GENERAL- The Attorney General is authorized to
award grants to State and local ICAC task forces to assist in carrying
out the duties and functions described under section 4114.
(A) ATTORNEY GENERAL TO DEVELOP- At least 75
percent of the total funds appropriated for grants under paragraph (1)
shall be awarded or otherwise distributed pursuant to a funding formula
established by the Attorney General.
(B) BASELINE AMOUNT- Any formula established by the Attorney General under subparagraph (A), shall--
(i) ensure that each State or local ICAC task
force shall, at a minimum, receive an amount equal to 1 percent of the
total funds appropriated for grants under paragraph (1); and
(ii) take into consideration the following factors:
(I) The population of each State, as determined by the most recent decennial census performed by the Bureau of the Census.
(II) The number of investigative leads generated by the integrated technology system of each ICAC Task Force.
(III) The number of Internet crimes against
children criminal cases referred by a task force for Federal, State, or
local prosecution.
(IV) The number of successful prosecutions of child exploitation cases by a task force.
(V) Such other criteria as the Attorney
General determines demonstrates the level of need for additional
resources by a task force.
(i) IN GENERAL- The funds remaining for grants
under this section after allocation of the baseline amounts under
subparagraph (B) shall be distributed to State and local ICAC task
forces based upon need, as set forth by criteria established by the
Attorney General. Such criteria shall include:
(I) The population of each State, as determined by the most recent decennial census performed by the Bureau of the Census.
(II) The number of investigative leads generated by the integrated technology system of each ICAC Task Force.
(III) The number of Internet crimes against
children criminal cases referred by a task force for Federal, State, or
local prosecution.
(IV) The number of successful prosecutions of child exploitation cases by a task force.
(V) Such other criteria as the Attorney
General determines demonstrates the level of need for additional
resources by a task force.
(ii) MATCHING REQUIREMENT- To be eligible to
receive any remaining grant funds under this subparagraph, a State or
local ICAC task force shall contribute matching non-Federal funds in an
amount equal to not less than 25 percent of the total amount of the
grant.
(1) IN GENERAL- Each State or local ICAC task force
seeking a grant under this section 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.
(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--
(A) describe the activities for which assistance under this section is sought; and
(B) provide such additional assurances as the
Attorney General determines to be essential to ensure compliance with
the requirements of this part.
(c) Allowable Uses- Grants awarded under this section may be used to--
(1) hire personnel, investigators, prosecutors, education specialists, and forensic specialists;
(2) establish and support forensic laboratories utilized in Internet crimes against children investigations;
(3) support investigations and prosecutions of Internet crimes against children;
(4) conduct and assist with education programs to help children and parents protect themselves from Internet predators;
(5) conduct and attend training sessions related to
successful investigations and prosecutions of Internet crimes against
children; and
(6) fund any other activities directly related to preventing, investigating, or prosecuting Internet crimes against children.
(d) Reporting Requirements-
(1) ICAC REPORTS- To measure the results of the
activities funded by grants under this section, and to assist the
Attorney General in complying with the Government Performance and
Results Act (Public Law 103-62; 107 Stat. 285), each State or local
ICAC task force receiving a grant under this section shall, on an
annual basis, submit a report to the Attorney General that sets forth
the following:
(A) Staffing levels of the task force, including
the number of investigators, prosecutors, education specialists, and
forensic specialists dedicated to investigating and prosecuting
Internet crimes against children.
(B) Investigation and prosecution performance measures of the task force, including--
(i) the number of Internet crimes against children related arrests;
(ii) the number of prosecutions for Internet crimes against children, including--
(I) whether the prosecution resulted in a conviction for such crime; and
(II) the sentence and the statutory maximum for such crime under State law.
(C) The number of referrals made by the task force
to the United States Attorneys office, including whether the referral
was accepted by the United States Attorney.
(D) The number of investigative technical
assistance sessions that the task force provided to non-member law
enforcement agencies.
(E) The number of computer forensic examinations that the task force completed.
(F) The number of law enforcement agencies
participating in Internet crimes against children program standards
established by the task force.
(2) REPORT TO CONGRESS- Not later than 1 year after the
date of enactment of this Act, the Attorney General shall submit a
report to Congress on--
(A) the progress of the development of the ICAC Task Forces established under this part; and
(B) the number of Federal and State investigations,
prosecutions, and convictions in the prior 12-month period related to
child exploitation.
SEC. 4117. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated to carry out this part--
(1) $60,000,000 for fiscal year 2008;
(2) $75,000,000 for fiscal year 2009;
(3) $75,000,000 for fiscal year 2010;
(4) $75,000,000 for fiscal year 2011;
(5) $75,000,000 for fiscal year 2012;
(6) $75,000,000 for fiscal year 2013;
(7) $100,000,000 for fiscal year 2014; and
(8) $100,000,000 for fiscal year 2015.
(b) Availability- Funds appropriated under subsection (a) shall remain available until expended.
PART II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION
SEC. 4121. ADDITIONAL REGIONAL COMPUTER FORENSIC LABS.
(a) Additional Resources- The Attorney shall establish
additional computer forensic capacity to address the current backlog
for computer forensics, including for child exploitation
investigations. The Attorney General may utilize funds under this title
to establish new regional computer forensic laboratories within the
Regional Computer Forensic Laboratories Program operated by the Federal
Bureau of Investigation or may increase capacity at existing
laboratories.
(b) New Computer Forensic Labs- If the Attorney General
determines that new regional computer forensic laboratories are needed
under subsection (a) to address existing backlogs, such new
laboratories shall be established pursuant to subsection (d).
(c) Purpose of New Resources- The additional forensic
capacity established by the resources provided under this section shall
prioritize its activities to assist Federal agencies, State and local
Internet Crimes Against Children task forces, and other Federal, State,
and local law enforcement agencies in preventing, investigating, and
prosecuting Internet crimes against children.
(d) Purpose of New Additional Capacity- The location of any
new regional computer forensic laboratories under this section shall be
determined by the Attorney General, in consultation with the Director
of the Federal Bureau of Investigation, the Regional Computer Forensic
Laboratory National Steering Committee, and other relevant stakeholders.
(e) Report- Not later than 1 year after the date of
enactment of this Act, and every year thereafter, the Attorney General
shall submit a report to the Congress on how the funds appropriated
under this section were utilized.
(f) Authorization of Appropriations- There are authorized
to be appropriated for fiscal years 2008 through 2015, $7,000,000 to
carry out the provisions of this section.
SEC. 4122. ENHANCED AUTHORITY TO INVESTIGATE INTERNET CRIMES AGAINST CHILDREN.
Section 2516(2) of title 18, United States Code, is amended
by inserting `or crimes against children, including child exploitation,
child obscenity, or other crimes dangerous to the life, limb, and
well-being of minor children,' after `other dangerous drugs,'.
SEC. 4123. ADDITIONAL FIELD AGENTS FOR THE FBI.
(a) In General- There are authorized to be appropriated to
the Attorney General $20,000,000, for each of the fiscal years 2008
through 2009, and $25,000,000 for each of fiscal years 2010 through
2015, to fund the hiring of full-time Federal Bureau of Investigation
field agents and associated analysts and support staff in addition to
the number of such employees serving in those capacities on the date of
enactment of this Act.
(b) Sole Purpose- The sole purpose of the additional staff
required to be hired under subsection (a) is to work on child
exploitation cases as part of the Federal Bureau of Investigation's
Innocent Images National Initiative.
SEC. 4124. IMMIGRATIONS AND CUSTOMS ENFORCEMENT ENHANCEMENT.
(a) Additional Agents- There are authorized to be
appropriated to the Secretary of Homeland Security $15,000,000, for
each of the fiscal years 2008 through 2015, to fund the hiring of
full-time agents and associated analysts and support staff within the
Bureau of Immigration and Customs Enforcement in addition to the number
of such employees serving in those capacities on the date of enactment
of this Act.
(b) Sole Purpose- The sole purpose of the additional staff
required to be hired under subsection (a) is to work on child
exploitation and child obscenity cases.
SEC. 4125. COMBATING TRAFFICKING VIA THE UNITED STATES POSTAL SERVICE.
(a) In General- There are authorized to be appropriated to
the Postmaster General $5,000,000, for each of the fiscal years 2008
through 2015, to fund the hiring of full-time agents and associated
analysts and support staff in addition to the number of such employees
serving in those capacities on the date of enactment of this Act.
(b) Sole Purpose- The sole purpose of the additional staff
required to be hired under subsection (a) is to work on child
exploitation and child obscenity cases.
SEC. 4126. ACCOUNTABILITY PROVISIONS FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION.
The Attorney General, in consultation with the Secretary of
Homeland Security and the Postmaster General, shall report to the
Committees on the Judiciary of the Senate and House of Representatives
and any other relevant committee of jurisdiction, on an annual basis,
on the resources (agents, forensic labs, prosecutors, etc.) being
utilized by such agencies to investigate and prosecute child
exploitation and child obscenity cases, including the resources
established under this title, the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248; 120 Stat. 587), and any other
law related to combating child exploitation and child obscenity.
SEC. 4127. TRUTH IN SENTENCING REPORT.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States shall conduct a study
and report to Congress on the efforts to combat child exploitation at
the Federal, State, and local level, including an examination of the
average sentences for child sex offenders and the length of time served
for each individual child sex offender.
Subtitle B--Violence Against Children Act of 2007
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the `Violence Against Children Act of 2007'.
SEC. 4202. FINDINGS.
Congress makes the following findings:
(1) According to data from the National Incident-Based
Reporting System, people under the age of 18 make up approximately 26
percent of violent crime victims reported to police, including 70
percent of all reported sexual assaults. Of the victims under the age
of 18, approximately 37 percent were under the age of 12.
(2) According to data from the Bureau of Justice
Statistics, people between the ages of 12 and 17 are over 2 times more
likely to be victims of violent crime than adults.
(3) According to data from the Bureau of Justice
Statistics, only 29 percent of violent crimes against people between
ages 12 and 17 are actually reported to police.
(4) According to data from the Department of Health and
Human Services, an estimated 152,600 children were victims of physical
abuse in 2004, of which approximately 422 were fatalities.
(5) Child abuse has long-lasting negative effects upon
children and families, including delayed development, depression,
substance abuse, and increased likelihood of experiencing or
perpetrating domestic violence as an adult.
(6) Local law enforcement agencies are in need of
additional resources to protect and serve the needs of children and
families.
(7) Legal representation, including training
requirements for attorneys, guardians ad litem (GAL), and court
appointed special advocates (CASA), and caseload restrictions, for
children in dependency court varies substantially by State and
jurisdiction.
(8) With an estimated 30,000 gangs operating within the
United States, gang violence and drug trafficking remain serious
problems throughout the country, causing injury and death to innocent
victims, often children.
(9)(A) On November 13, 2005, a gang-related dispute
broke out in San Bernardino, California, and gunfire sprayed an
apartment building, killing 11-year-old Mynisha Crenshaw and seriously
wounding her 14-year-old sister as they ate Sunday dinner with their
family.
(B) This tragic shooting symbolizes the struggle that
so many communities across the United States, like San Bernardino, face
in combating gang violence, and serves as a reminder of the nationwide
problem of protecting children from senseless violence.
(10) According to the National Drug Threat Assessment,
criminal street gangs are responsible for the distribution of much of
the cocaine, methamphetamine, heroin, and other illegal drugs
throughout the United States.
(11) Coordination of Federal resources is needed to
reduce gang violence through proven and proactive prevention and
intervention programs, including programs that focus on keeping at-risk
youth in school and out of the criminal justice system.
PART I--ENHANCED FEDERAL ROLE IN CRIMES AGAINST CHILDREN
SEC. 4211. ENHANCED PENALTIES.
(a) In General- Chapter 110 of title 18, United States Code, is amended by inserting at the end the following:
`Sec. 2260A. Violence against children
`(a) In General- Whoever, whether or not acting under color
of law, in any circumstance described in subsection (b), by force or
threat of force intentionally causes or attempts to cause serious
bodily injury to any person under 18 years of age shall be imprisoned
for any term of years or for life, and fined in accordance with this
title, if--
`(1) death results from the offense; or
`(2) the offense includes aggravated assault or
attempted aggravated assault, aggravated battery or attempted
aggravated battery, robbery or attempted robbery, or an attempt to kill.
`(b) Circumstances- For purposes of subsection (a), the circumstances described in this subsection are that--
`(1) in the course of the conducts described in
subsection (a), the minor or the defendant traveled in or was
transported in interstate or foreign commerce;
`(2) the conduct described in subsection (a) is done
within the special maritime and territorial jurisdiction of the United
States; or
`(3) in the course of the conduct described in
subsection (a) the defendant used a channel, facility, or
instrumentality of interstate or foreign commerce.
`(c) Serious Bodily Injury- In this section--
`(1) the term `serious bodily injury' means injury
involving extreme physical pain or the protracted impairment of a
function of a bodily member, organ, or mental faculty, or requiring
medical intervention such as surgery, hospitalization, or physical
rehabilitation; and
`(2) serious bodily injury is deemed to have occurred
if the offense involves conduct constituting criminal sexual abuse
under section 2241 or 2242 of this title.
`(d) Penalties- An offense under this section shall not preempt any offense or penalty under relevant State law.'.
(b) Amendment to Chapter Analysis- The chapter analysis for
chapter 110 of title 18, United States Code, is amended by inserting at
the end the following:
`2260A. Violence against children.'.
(c) Enhanced Penalties for Existing Crimes When Committed
Against Children- Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this part and its
purposes, the United States Sentencing Commission shall review and
amend its guidelines and its policy statements to provide enhanced
penalties when the victim of a Federal crime is under the age of 18.
(d) GAO Review of State Laws- Not later than 12 months
after the date of enactment of this Act, the Comptroller General of the
United States shall--
(1) review the statutory penalties for crimes against
children under State laws and the sentencing practices of the States
with respect to those crimes, including whether a State provides
enhanced penalties when the victim of the crime is a child; and
(2) report the findings of the review to Congress.
SEC. 4212. ENHANCED ASSISTANCE FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT OFFICIALS.
(a) In General- At the request of a State, Indian tribal
government, or unit of local government, the Attorney General shall
provide technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of any crime
that--
(1) constitutes a crime of violence (as defined in section 16 of title 18, United States Code);
(2) constitutes a felony under the laws of the State or Indian tribe; and
(3) is committed against a person under 18 years of age.
(b) Priority- If the Attorney General determines that there
are insufficient resources to fulfill requests made pursuant to
subsection (a), the Attorney General shall give priority to requests
for assistance to--
(1) crimes committed by, or believed to be committed by, offenders who have committed crimes in more than 1 State; and
(2) rural jurisdictions that have difficulty covering
the extraordinary expenses relating to the investigation or prosecution
of the crime.
(c) Reporting Requirements-
(1) IN GENERAL- Every 180 days following the date of
enactment of this Act, the Attorney General shall submit to Congress a
report on applications for Federal assistance under this subtitle, and
Federal assistance provided under this subtitle.
(2) CONTENTS- Each report under paragraph (1) shall include--
(A) a listing of all applications for Federal assistance under this subtitle during the previous 180 days;
(B) a description of each application submitted
during the previous 180 days, whether approved, denied, or pending,
including the name of the requesting party and the nature of the
request for assistance;
(C) reasons for approval or denial of each
application, and the persons involved in the review and decision-making
process for each application; and
(D) if Federal assistance was provided, a
description of the assistance provided, including the date on which the
assistance was provided.
PART II--GRANT PROGRAMS
SEC. 4221. FEDERAL ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT.
(a) In General- The Attorney General shall award grants to
assist States, Indian tribal governments, and units of local government
to develop and strengthen effective law enforcement and prosecution of
crimes against children.
(b) Purposes- Grants provided under this section shall
provide personnel, training, technical assistance, data collection, and
other equipment for the more widespread apprehension, prosecution, and
adjudication of persons committing crimes against children, and
specifically, for the purposes of--
(1) training law enforcement officers, prosecutors,
judges, and other court personnel to more effectively identify and
respond to crimes against children;
(2) developing, training, or expanding units of law
enforcement officers, prosecutors, or courts specifically targeting
crimes against children;
(3) developing and implementing more effective police
and prosecution policies, protocols, orders, and services specifically
devoted to preventing, identifying, and responding to crimes against
children;
(4) developing, installing, or expanding data
collection and communication systems, including computerized systems,
linking police, prosecutors, and courts for the purpose of identifying
and tracking arrests, prosecutions, and convictions for crimes against
children;
(5) encouraging, developing, and strengthening
programs, procedures, and policies that enhance cross-collaboration and
cross-communication between law enforcement and child services agencies
regarding the care, treatment, and services for child victims;
(6) developing, enlarging, or strengthening programs
addressing the needs and circumstances of Indian tribes in dealing with
crimes against children; and
(7) developing, training, or expanding units of law
enforcement officers, prosecutors, or courts to investigate and
prosecute Internet crimes against children, including increased
development and training in the use of forensic methods.
(1) IN GENERAL- Each State, Indian tribal government,
or unit of local government that desires a grant under this section
shall submit an application to the Attorney General at such time, in
such manner, and accompanied by or containing such information as the
Attorney General shall reasonably require.
(2) REQUIREMENTS- A State, Indian tribal government, or
unit of local government applying for a grant under this section shall--
(i) the purposes for which the grant is needed;
(ii) the intended use of the grant funds; and
(iii) the expected results from the use of grant funds;
(B) demonstrate that, in developing a plan to
implement the grant, the State, Indian tribal government, or unit of
local government has consulted and coordinated with nonprofit,
nongovernmental victim services programs that have experience in
providing services to victims of crimes against children; and
(i) any Federal funds received under this
section will be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under this
section; and
(ii) the State, the Indian tribal government,
or the State in which the unit of local government is located is in
compliance with sections 4231 and 4232.
(d) Authorization of Appropriations- There is authorized to
be appropriated to carry out this section $50,000,000 for each of the
fiscal years 2008 through 2010.
SEC. 4222. EDUCATION, PREVENTION, AND VICTIMS' ASSISTANCE GRANTS.
(a) In General- The Attorney General shall award grants to
assist States, Indian tribal governments, units of local government,
universities, and nongovernmental organizations to provide education,
prevention, intervention, and victims' assistance services regarding
crimes against children.
(b) Purposes- Grants provided under this section shall be
used to provide education, prevention, and intervention services to
prevent crimes against children and to provide assistance to children,
and the families of children, who are victims of crime, including--
(1) educational seminars;
(2) the operation of hotlines;
(3) training programs for professionals;
(4) the preparation of informational material for education and public awareness;
(5) multidisciplinary training curricula at accredited
schools of law and undergraduate institutions in order to provide a
broad and comprehensive foundation for improved intervention and
representation of abused and neglected children;
(6) intervention services to prevent crimes against children;
(7) other efforts to increase awareness of the facts
about, or to help prevent, crimes against children, including efforts
to increase awareness in underserved racial, ethnic, and language
minority communities;
(8) emergency medical treatment for victims;
(9) counseling to victims of crimes against children and their families; and
(10) increasing the supply of mental health
professionals specializing in the mental health of victims of crimes
against children.
(1) IN GENERAL- Each State, Indian tribal government,
unit of local government, or nongovernmental organization that desires
a grant under this section shall submit an application to the Attorney
General at such time, in such manner, and accompanied by or containing
such information as the Attorney General shall reasonably require.
(2) REQUIREMENTS- A State, Indian tribal government,
unit of local government, or nongovernmental organization applying for
a grant under this section shall--
(i) the purposes for which the grant is needed;
(ii) the intended use of the grant funds; and
(iii) the expected results from the use of grant funds;
(B) demonstrate that, in developing a plan to implement the grant--
(i) in the case of a State, Indian tribal
government, or unit of local government, that the State, Indian tribal
government, or unit of local government has consulted and coordinated
with nonprofit, nongovernmental victim services programs that have
experience in providing services to victims of crimes against children;
and
(ii) in the case of a nongovernmental
organization, that the nongovernmental organization has experience in
providing education, prevention, or intervention services regarding
crimes against children or has experience in providing services to
victims of crimes against children; and
(i) any Federal funds received under this
section will be used to supplement, not supplant, non-Federal funds
that would otherwise be available for activities funded under this
section, provided that the Attorney General may waive such requirement
for nongovernmental organizations in extraordinary circumstances; and
(ii) the State, the Indian tribal government,
the State in which the unit of local government is located, or the
State in which the nongovernmental organization will operate the
activities funded under this section is located, is in compliance with
section 4233.
(d) Authorization of Appropriations- There is authorized to
be appropriated to carry out this section $50,000,000 for each of the
fiscal years 2008 through 2010.
PART III--NATIONWIDE PROGRAMS
SEC. 4231. IMPROVED STATISTICAL GATHERING.
Each State receiving grants pursuant to part II shall use,
or shall be in the process of testing or developing protocols to use,
the National Incident-Based Reporting System.
SEC. 4232. NATIONAL SAFE HAVEN.
(a) In General- Not later than 3 years after the date of
enactment of this Act, each State receiving grants pursuant to part II
shall have in effect a statute that--
(1) permits a parent to leave a newborn baby with a
medically trained employee of a hospital emergency room anonymously
without any criminal or other penalty;
(2) includes a mechanism to encourage and permit a
hospital employee in the receiving hospital to collect information
about the medical history of the family subject to the approval of the
parent;
(3) requires law enforcement entities in the State,
immediately after relinquishment of a child under paragraph (1), to
search State and Federal missing person databases to ensure that the
child has not been reported missing; and
(4) includes a plan for publicizing the State's Safe Haven law.
(b) Exception- Notwithstanding subsection (a)(1), a State
statute in effect pursuant to this section may deny a parent the
ability to leave a newborn baby anonymously without any criminal or
other penalty if the newborn baby shows signs of abuse or appears to
have been intentionally harmed.
SEC. 4233. IMPROVED CHILD PROTECTION SERVICES PROGRAMS.
Not later than 180 days after the date of enactment of this
Act, each State receiving an allotment for child welfare services under
subpart 1 of part B of title IV of the Social Security Act (42 U.S.C.
620 et seq.) shall submit to the Secretary of Health and Human Services
a report detailing the State's program funded under that subpart,
including the process for maintaining records and verifying the
well-being of the children under the State's care.
SEC. 4234. MODEL TRAINING AND CASELOAD STANDARDS.
(1) MODEL CURRICULUM AND TRAINING STANDARDS- The
Secretary of Health and Human Services, in conjunction with the
Attorney General, shall develop model standards for curriculum and
training for individuals who are guardians ad litem, court appointed
special advocates, or attorneys ad litem, in child abuse and neglect
cases (as defined in section 111 of the Child Abuse Prevention and
Treatment Act (42 U.S.C. 5106g)). The Secretary of Health and Human
Services shall design the standards to improve the quality of
representation by, and uniformity of practices of, such individuals,
throughout the United States.
(2) CASELOAD STANDARDS- The Secretary of Health and
Human Services, after consulting with the Attorney General, shall
develop caseload standards for the individuals described in paragraph
(1).
(b) Dissemination- Not later than 18 months after the date
of enactment of this Act, the Secretary of Health and Human Services
shall disseminate the standards developed under paragraphs (1) and (2)
of subsection (a) to State child welfare agencies receiving assistance
under subpart 1 of part B of title IV of the Social Security Act (42
U.S.C. 620 et seq.).
PART IV--MYNISHA'S LAW
SEC. 4241. SHORT TITLE.
This part may be cited as `Mynisha's Law'.
SEC. 4242. FEDERAL COORDINATION AND ASSISTANCE IN PREVENTING GANG VIOLENCE.
The Attorney General shall establish an interagency task
force to provide Federal assistance and coordination in preventing gang
violence.
SEC. 4243. DESIGNATION AS A HIGH INTENSITY INTERSTATE GANG AREA.
(a) In General- A unit of local government, city, county,
tribal government, or a group of counties (whether located in 1 or more
States) may submit an application to the Attorney General for
designation as a high intensity interstate gang area.
(1) IN GENERAL- The Attorney General shall establish criteria for reviewing applications submitted under subsection (a).
(2) CONSIDERATIONS- In establishing criteria under
subsection (a) and evaluating an application for designation as a high
intensity interstate gang area, the Attorney General shall consider--
(A) the current and predicted levels of gang crime activity in the area;
(B) the extent to which violent crime in the area appears to be related to criminal gang activity;
(C) the extent to which the area is already engaged
in local or regional collaboration regarding, and coordination of, gang
prevention activities;
(D) the extent to which an increase in the
allocation of Federal resources would enhance local response to the
gang crime or gang prevention activities in the area; and
(E) such other criteria as the Attorney General determines to be appropriate.
SEC. 4244. PURPOSE OF THE TASK FORCE.
(a) In General- In order to coordinate Federal assistance
to high intensity interstate gang areas, the Attorney General shall
establish an Interagency Gang Prevention Task Force (in this part
referred to as the `Task Force'), consisting of a representative from--
(1) the Department of Justice;
(2) the Department of Education;
(3) the Department of Labor;
(4) the Department of Health and Human Services; and
(5) the Department of Housing and Urban Development.
(b) Coordination- For each high intensity interstate gang
area designated by the Attorney General under section 4243, the Task
Force shall--
(1) coordinate the activities of the Federal Government
to create a comprehensive gang prevention response, focusing on early
childhood intervention, at-risk youth intervention, literacy,
employment, and community policing; and
(2) coordinate its efforts with local and regional gang prevention efforts.
(c) Programs- The Task Force shall prioritize the needs of high intensity interstate gang areas for funding under--
(1) the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.);
(2) the Even Start programs under subpart 3 of part B
of title I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6381 et seq.);
(3) the Healthy Start Initiative under section 330H of the Public Health Services Act (42 U.S.C. 254c-8);
(4) the Head Start Act (42 U.S.C. 9831 et seq.);
(5) the 21st Century Community Learning Centers program
under part B of title IV of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7171 et seq.);
(6) the Job Corps program under subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.);
(7) the community development block grant program under
title I of the Housing and Community Development Act of 1974 (42 U.S.C.
5301 et seq.);
(8) the Gang Resistance Education and Training projects
under subtitle X of title III of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 13921);
(9) any program administered by the Office of Community Oriented Policing Services;
(10) the Juvenile Accountability Block Grant program
under part R of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ee et seq.);
(11) 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.); and
(12) any other program that the Task Force determines to be appropriate.
(d) Reporting Requirements-
(1) IN GENERAL- Not later than February 1 of each year,
the Task Force shall submit to Congress and the Attorney General a
report on the funding needs and programmatic outcomes for each area
designated as a high intensity interstate gang area.
(2) CONTENTS- Each report under paragraph (1) shall include--
(A) an evidence-based analysis of the best
practices and outcomes among the areas designated as high intensity
interstate gang areas; and
(B) an analysis of the adequacy of Federal funding
to meet the needs of each area designated as a high intensity
interstate gang area and, if the Task Force identifies any programmatic
shortfalls in addressing gang prevention, a request for new funding or
reprogramming of existing funds to meet such shortfalls.
SEC. 4245. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to meet any needs identified in any report submitted under
section 4244(d)(1).
PART V--SCHOOL SAFETY ENHANCEMENTS
SEC. 4251. GRANT PROGRAM FOR SCHOOL SECURITY.
Section 2701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a) is amended--
(A) in paragraph (1), by inserting `surveillance,' after `detectors,';
(B) by striking paragraph (2) and inserting the following:
`(2) The establishment of hotlines or tiplines for the reporting of potentially dangerous students and situations.';
(C) by redesignating paragraph (5) as paragraph (6); and
(D) by inserting after paragraph (4) the following:
`(5) Capital improvements to make school facilities more secure.';
(2) by striking subsection (d)(1) and inserting the following:
`(1) Notwithstanding section 1701(g), the Federal share
of the costs of a program provided by a grant under subsection (a)
shall be 80 percent of the total of such costs. The non-Federal share
of such costs shall be 20 percent of such costs.'; and
(3) by adding at the end the following:
`(g) Interagency Task Force- Not later than 60 days after
the date of enactment of this subsection, the Director and the
Secretary of Education, or the designee of the Secretary, shall
establish an interagency task force to develop and promulgate a set of
advisory school safety guidelines. The advisory school safety
guidelines shall be published in the Federal Register by not later than
June 1, 2008.'.
SEC. 4252. APPLICATIONS.
Section 2702(a)(2) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to read as
follows:
`(2) be accompanied by a report, signed by the chief
education officer and the attorney general or other chief legal officer
of the State, unit of local government, or Indian tribe, demonstrating
that each proposed use of the grant funds will be--
`(A) an effective means for improving the safety of 1 or more schools;
`(B) consistent with a comprehensive approach to preventing school violence; and
`(C) individualized to the needs of each school at which those improvements are to be made.'.
SEC. 4253. AUTHORIZATION OF APPROPRIATIONS.
Section 2705 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797e) is amended by striking `$30,000,000' and
inserting `$50,000,000'.
TITLE V--DRUG CONTROL, PREVENTION AND TREATMENT
Subtitle A--Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007
SEC. 5101. SHORT TITLE.
This subtitle may be cited as the `Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007'.
SEC. 5102. COCAINE SENTENCING DISPARITY ELIMINATION.
(a) CSA- Section 401(b)(1) of the Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A)(iii), by striking `50 grams' and inserting `5 kilograms'; and
(2) in subparagraph (B)(iii), by striking `5 grams' and inserting `500 grams.'
(b) Import and Export Act- Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)(C), by striking `50 grams' and inserting `5 kilograms'; and
(2) in paragraph (2)(C), by striking `5 grams' and inserting `500 grams'.
SEC. 5103. ELIMINATION OF MANDATORY MINIMUM FOR SIMPLE POSSESSION.
Section 404(a) of the Controlled Substances Act (21 U.S.C.
844(a)) is amended by striking the sentence beginning `Notwithstanding
the preceding sentence,'.
SEC. 5104. INCREASED EMPHASIS ON CERTAIN AGGRAVATING AND MITIGATING FACTORS.
Pursuant to its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission shall
review and, if appropriate, amend the sentencing guidelines to ensure
that the penalties for an offense involving trafficking of a controlled
substance--
(1) provide tiered enhancements for the involvement of a dangerous weapon or violence, including, if appropriate--
(A) an enhancement for the use or brandishment of a dangerous weapon;
(B) an enhancement for the use, or threatened use, of violence; and
(C) any other enhancement the Commission considers necessary;
(2) adequately take into account the culpability of the
defendant and the role of the defendant in the offense, including
consideration of whether enhancements should be added, either to the
existing enhancements for aggravating role or otherwise, that take into
account aggravating factors associated with the offense, including--
(A) whether the defendant committed the offense as part of a pattern of criminal conduct engaged in as a livelihood;
(B) whether the defendant is an organizer or leader of drug trafficking activities involving 5 or more persons;
(C) whether the defendant maintained an establishment for the manufacture or distribution of the controlled substance;
(D) whether the defendant distributed a controlled
substance to an individual under the age of 21 years of age or to a
pregnant woman;
(E) whether the defendant involved an individual under the age of 18 years or a pregnant woman in the offense;
(F) whether the defendant manufactured or
distributed the controlled substance in a location described in section
409(a) or section 419(a) of the Controlled Substances Act (21 U.S.C.
849(a) or 860(a));
(G) whether the defendant bribed, or attempted to
bribe, a Federal, State, or local law enforcement officer in connection
with the offense;
(H) whether the defendant was involved in importation into the United States of a controlled substance;
(I) whether bodily injury or death occurred in connection with the offense;
(J) whether the defendant committed the offense
after previously being convicted of a felony controlled substances
offense; and
(K) any other factor the Commission considers necessary; and
(3) adequately take into account mitigating factors associated with the offense, including--
(A) whether the defendant had minimum knowledge of the illegal enterprise;
(B) whether the defendant received little or no compensation in connection with the offense;
(C) whether the defendant acted on impulse, fear,
friendship, or affection when the defendant was otherwise unlikely to
commit such an offense; and
(D) whether any maximum base offense level should
be established for a defendant who qualifies for a mitigating role
adjustment.
SEC. 5105. OFFENDER DRUG TREATMENT INCENTIVE GRANTS.
(a) Grant Program Authorized- The Attorney General shall
carry out a grant program under which the Attorney General may make
grants to States, units of local government, territories, and Indian
tribes in an amount described in subsection (c) to improve the
provision of drug treatment to offenders in prisons, jails, and
juvenile facilities.
(b) Requirements for Application-
(1) IN GENERAL- To be eligible to receive a grant under
subsection (a) for a fiscal year, an entity described in that
subsection shall, in addition to any other requirements specified by
the Attorney General, submit to the Attorney General an application
that demonstrates that, with respect to offenders in prisons, jails,
and juvenile facilities who require drug treatment and who are in the
custody of the jurisdiction involved, during the previous fiscal year
that entity provided drug treatment meeting the standards established
by the Single State Authority for Substance Abuse (as that term is
defined in section 5106) for the relevant State to a number of such
offenders that is 2 times the number of such offenders to whom that
entity provided drug treatment during the fiscal year that is 2 years
before the fiscal year for which that entity seeks a grant.
(2) OTHER REQUIREMENTS- An application under this
section shall be submitted in such form and manner and at such time as
specified by the Attorney General.
(c) Allocation of Grant Amounts Based on Drug Treatment
Percent Demonstrated- The Attorney General shall allocate amounts under
this section for a fiscal year based on the percent of offenders
described in subsection (b)(1) to whom an entity provided drug
treatment in the previous fiscal year, as demonstrated by that entity
in its application under that subsection.
(d) Uses of Grants- A grant awarded to an entity under subsection (a) shall be used--
(1) for continuing and improving drug treatment
programs provided at prisons, jails, and juvenile facilities of that
entity; and
(2) to strengthen rehabilitation efforts for offenders
by providing addiction recovery support services, such as job training
and placement, education, peer support, mentoring, and other similar
services.
(e) Reports- An entity that receives a grant under
subsection (a) during a fiscal year shall, not later than the last day
of the following fiscal year, submit to the Attorney General a report
that describes and assesses the uses of such grant.
(f) Authorization of Appropriations- There are authorized
to be appropriated $10,000,000 to carry out this section for each of
fiscal years 2008 and 2009.
SEC. 5106. GRANTS FOR DEMONSTRATION PROGRAMS TO REDUCE DRUG USE SUBSTANCE ABUSERS.
(a) Awards Required- The Attorney General may make
competitive grants to eligible partnerships, in accordance with this
section, for the purpose of establishing demonstration programs to
reduce the use of alcohol and other drugs by supervised substance
abusers during the period in which each such substance abuser is in
prison, jail, or a juvenile facility, and until the completion of
parole or court supervision of such abuser.
(b) Use of Grant Funds- A grant made under subsection (a)
to an eligible partnership for a demonstration program, shall be used--
(1) to support the efforts of the agencies,
organizations, and researchers included in the eligible partnership,
with respect to the program for which a grant is awarded under this
section;
(2) to develop and implement a program for supervised
substance abusers during the period described in subsection (a), which
shall include--
(A) alcohol and drug abuse assessments that--
(i) are provided by a State-approved program;
(ii) provide adequate incentives for completion
of a comprehensive alcohol or drug abuse treatment program, including
through the use of graduated sanctions; and
(B) coordinated and continuous delivery of drug treatment and case management services during such period; and
(3) to provide addiction recovery support services
(such as job training and placement, peer support, mentoring,
education, and other related services) to strengthen rehabilitation
efforts for substance abusers.
(c) Application- To be eligible for a grant under
subsection (a) for a demonstration program, an eligible partnership
shall submit to the Attorney General an application that--
(1) identifies the role, and certifies the involvement,
of each agency, organization, or researcher involved in such
partnership, with respect to the program;
(2) includes a plan for using judicial or other
criminal or juvenile justice authority to supervise the substance
abusers who would participate in a demonstration program under this
section, including for--
(A) administering drug tests for such abusers on a regular basis; and
(B) swiftly and certainly imposing an established
set of graduated sanctions for non-compliance with conditions for
reentry into the community relating to drug abstinence (whether imposed
as a pre-trial, probation, or parole condition, or otherwise);
(3) includes a plan to provide supervised substance
abusers with coordinated and continuous services that are based on
evidence-based strategies and that assist such abusers by providing
such abusers with--
(A) drug treatment while in prison, jail, or a juvenile facility;
(B) continued treatment during the period in which
each such substance abuser is in prison, jail, or a juvenile facility,
and until the completion of parole or court supervision of such abuser;
(C) addiction recovery support services;
(D) employment training and placement;
(E) family-based therapies;
(F) structured post-release housing and transitional housing, including housing for recovering substance abusers; and
(G) other services coordinated by appropriate case management services;
(4) includes a plan for coordinating the data
infrastructures among the entities included in the eligible partnership
and between such entities and the providers of services under the
demonstration program involved (including providers of technical
assistance) to assist in monitoring and measuring the effectiveness of
demonstration programs under this section; and
(5) includes a plan to monitor and measure the number of substance abusers--
(A) located in each community involved; and
(B) who improve the status of their employment, housing, health, and family life.
(1) INTERIM REPORT- Not later than September 30, 2008,
the Attorney General shall submit to Congress a report that identifies
the best practices relating to the comprehensive and coordinated
treatment of substance abusers, including the best practices identified
through the activities funded under this section.
(2) FINAL REPORT- Not later than September 30, 2009,
the Attorney General shall submit to Congress a report on the
demonstration programs funded under this section, including on the
matters specified in paragraph (1).
(e) Definitions- In this section:
(1) ELIGIBLE PARTNERSHIP- The term `eligible partnership' means a partnership that includes--
(A) the applicable Single State Authority for Substance Abuse;
(B) the State, local, territorial, or tribal criminal or juvenile justice authority involved;
(C) a researcher who has experience in
evidence-based studies that measure the effectiveness of treating
long-term substance abusers during the period in which such abusers are
under the supervision of the criminal or juvenile justice system
involved;
(D) community-based organizations that provide drug
treatment, related recovery services, job training and placement,
educational services, housing assistance, mentoring, or medical
services; and
(E) Federal agencies (such as the Drug Enforcement
Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and
the office of a United States attorney).
(2) SUBSTANCE ABUSER- The term `substance abuser' means an individual who--
(A) is in a prison, jail, or juvenile facility;
(B) has abused illegal drugs or alcohol for a number of years; and
(C) is scheduled to be released from prison, jail,
or a juvenile facility during the 24-month period beginning on the date
the relevant application is submitted under subsection (c).
(3) SINGLE STATE AUTHORITY FOR SUBSTANCE ABUSE- The
term `Single State Authority for Substance Abuse' means an entity
designated by the Governor or chief executive officer of a State as the
single State administrative authority responsible for the planning,
development, implementation, monitoring, regulation, and evaluation of
substance abuse services in that State.
(f) Authorization of Appropriations- There are authorized
to be appropriated to carry out this section $5,000,000 for each of
fiscal years 2008 and 2009.
SEC. 5107. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION.
(a) In General- The United States Sentencing Commission, in its discretion, may--
(1) promulgate amendments pursuant to the directives in
this subtitle in accordance with the procedure set forth in section
21(a) of the Sentencing Act of 1987 (Public Law 100-182), as though the
authority under that Act had not expired; and
(2) pursuant to the emergency authority provided in
paragraph (1), make such conforming amendments to the Sentencing
Guidelines as the Commission determines necessary to achieve
consistency with other guideline provisions and applicable law.
(b) Promulgation- The Commission shall promulgate any
amendments under subsection (a) promptly so that the amendments take
effect on the same date as the amendments made by this subtitle.
SEC. 5108. INCREASED PENALTIES FOR MAJOR DRUG TRAFFICKERS.
(a) Increased Penalties for Manufacture, Distribution,
Dispensation, or Possession With Intent To Manufacture, Distribute, or
Dispense- Section 401(b)(1) of the Controlled Substances Act (21 U.S.C.
841(b)) is amended--
(1) in subparagraph (A), by striking `$4,000,000',
`$10,000,000', `$8,000,000', and `$20,000,000' and inserting
`$10,000,000', `$50,000,000', `$20,000,000', and `$75,000,000',
respectively; and
(2) in subparagraph (B), by striking `$2,000,000',
`$5,000,000', `$4,000,000', and `$10,000,000' and inserting
`$5,000,000', `$25,000,000', `$8,000,000', and `$50,000,000',
respectively.
(b) Increased Penalties for Importation and Exportation-
Section 1010(b) of the Controlled Substances Import and Export Act (21
U.S.C. 960(b)) is amended--
(1) in paragraph (1), by striking `$4,000,000',
`$10,000,000', `$8,000,000', and `$20,000,000' and inserting
`$10,000,000', `$50,000,000', `$20,000,000', and `$75,000,000',
respectively, and
(2) in paragraph (2), by striking `$2,000,000',
`$5,000,000', `$4,000,000', and `$10,000,000' and inserting
`$5,000,000', `$25,000,000', `$8,000,000', and `$50,000,000',
respectively.
SEC. 5109. AUTHORIZATION OF APPROPRIATIONS AND REQUIRED REPORT.
(a) Authorization of Appropriations for Department of
Justice- There is authorized to be appropriated to the Department of
Justice not more than $36,000,000 for each of the fiscal years 2008 and
2009 for the prosecution of high-level drug offenses, of which--
(1) $15,000,000 is for salaries and expenses of the Drug Enforcement Administration;
(2) $15,000,000 is for salaries and expenses for the Offices of United States Attorneys;
(3) $4,000,000 each year is for salaries and expenses for the Criminal Division; and
(4) $2,000,000 is for salaries and expenses for the Office of the Attorney General for the management of such prosecutions.
(b) Authorization of Appropriations for Department of
Treasury- There is authorized to be appropriated to the Department of
the Treasury for salaries and expenses of the Financial Crime
Enforcement Network (FINCEN) not more than $10,000,000 for each of
fiscal years 2008 and 2009 in support of the prosecution of high-level
drug offenses.
(c) Authorization of Appropriations for Department of
Homeland Security- There is authorized to be appropriated for the
Department of Homeland Security not more than $10,000,000 for each of
fiscal years 2008 and 2009 for salaries and expenses in support of the
prosecution of high-level drug offenses.
(d) Additional Funds- Amounts authorized to be appropriated
under this section shall be in addition to amounts otherwise available
for, or in support of, the prosecution of high-level drug offenses.
(e) Report of Comptroller General- Not later than 180 days
after the end of each of fiscal years 2008 and 2009, the Comptroller
General shall submit to the Committees on the Judiciary and the
Committees on Appropriations of the Senate and House of Representatives
a report containing information on the actual uses made of the funds
appropriated pursuant to the authorization of this section.
SEC. 5110. EFFECTIVE DATE.
The amendments made by this subtitle shall apply to any
offense committed on or after 180 days after the date of enactment of
this Act. There shall be no retroactive application of any portion of
this subtitle.
Subtitle B--Dextromethorphan Abuse Reduction Act of 2007
SEC. 5201. SHORT TITLE.
This subtitle may be cited as the `Dextromethorphan Abuse Reduction Act of 2007'.
SEC. 5202. FINDINGS.
Congress finds the following:
(1) When used properly, cough medicines that contain
dextromethorphan have a long history of being safe and effective. But
abuse of dextromethorphan at high doses can produce hallucinations,
rapid heart beat, high blood pressure, loss of consciousness, and
seizures. The dangers multiply when dextromethorphan is abused with
alcohol, prescription drugs, or narcotics.
(2) Dextromethorphan is inexpensive, legal, and readily
accessible, which has contributed to the increased abuse of that drug,
particularly among teenagers.
(3) Increasing numbers of teens and others are abusing
dextromethorphan by ingesting it in excessive quantities. Prolonged use
at high doses can lead to psychological dependence on the drug. Abuse
of dextromethorphan can also cause impaired judgment, which can lead to
injury or death.
(4) Dextromethorphan abuse increased by a factor of 10
during the period of 1999 through 2004, with an increase by a factor of
15 among children aged 9 to 17 years.
(5) An estimated 2,400,000 teenagers (1 in 10) abused
over-the-counter cough medicines in 2005. Children ages 9 to 17 years
are the fastest growing group of dextromethorphan abusers.
(6) The Food and Drug Administration has called the
abuse of dextromethorphan a `serious issue' and a `disturbing new
trend' that can cause `death as well as other serious adverse events
such as brain damage, seizure, loss of consciousness, and irregular
heartbeat.'.
(7) In recognition of the problem, several retailers
have voluntarily implemented age restrictions on purchases of cough and
cold medicines containing dextromethorphan.
(8) Prevention is a key component of addressing the
rise in the abuse of legal medications. Education campaigns teaching
teens and parents about the dangers of these drugs are an important
part of this effort.
SEC. 5203. DEXTROMETHORPHAN.
(a) Definitions- Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding at the end the following:
`(50) The term `finished dosage form', relating to dextromethorphan, means dextromethorphan that--
`(i) in a tablet, capsule, solution, liquid, or
other form intended for retail sale, and that generally contains
inactive ingredients; and
`(ii) approved under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) as a nonprescription drug (as that
term is defined in section 760 of that Act (21 U.S.C. 379aa)); or
`(B) has been combined with other active or inactive
ingredients during the process of manufacturing a tablet, capsule,
solution, liquid, or other form described in subparagraph (A).
`(51) The term `unfinished', relating to dextromethorphan,
means any concentration or amount of dextromethorphan that is not in
finished dosage form.'.
(b) Unfinished Dextromethorphan- Schedule V of section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended
by adding at the end the following:
`(6) Unfinished dextromethorphan.'.
(c) Sales of Dextromethorphan in Finished Dosage Form-
(1) IN GENERAL- Part D of title II of the Controlled
Substances Act (21 U.S.C. 841 et seq.), as amended by this Act, is
amended by adding at the end the following:
`SEC. 425. CIVIL PENALTIES FOR CERTAIN DEXTROMETHORPHAN SALES.
`(A) IN GENERAL- Except as provided in paragraph
(2), it shall be unlawful for any person to knowingly sell, cause
another to sell, or conspire to sell a product containing
dextromethorphan to an individual under the age of 18 years, including
any such sale using the Internet.
`(B) FAILURE TO CHECK IDENTIFICATION- If a person
fails to request identification from an individual under the age of 18
years and sells a product containing dextromethorphan to that
individual, that person shall be deemed to have known that the
individual was under the age of 18 years.
`(C) AFFIRMATIVE DEFENSE- It shall be an
affirmative defense to an alleged violation of subparagraph (A) that
the person selling a product containing dextromethorphan examined the
purchaser's identification card and, based on that examination, that
person reasonably concluded that the identification was valid and
indicated that the purchaser was not less than 18 years of age.
`(2) EXCEPTION- This section shall not apply to any sale made pursuant to a validly issued prescription.
`(1) IN GENERAL- The Attorney General may impose a
civil penalty on a person for violating subsection (a)(1)(A), including
a violation of that subsection committed by an employee or agent of
such person.
`(2) MAXIMUM AMOUNT- A civil penalty imposed under paragraph (1) shall be--
`(A) not more than $1,000 for the first violation of subsection (a)(1)(A) by a person;
`(B) not more than $2,000 for the second violation of subsection (a)(1)(A) by a person; and
`(C) not more than $5,000 for the third violation, or a subsequent violation, of subsection (a)(1)(A) by a person.
`(3) NUMBER OF VIOLATIONS- If a person makes sales of
dextromethorphan at more than 1 location, for purposes of determining
the number of violations by that person under this subsection each
individual location operated by that person shall be considered a
separate person.
`(c) Definition of Identification Card- In this section, the term `identification card' means an identification card that--
`(1) includes a photograph and the date of birth of the individual;
`(2) is issued by a State or the Federal Government; and
`(3) is considered acceptable for purposes of sections
274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code of
Federal Regulations (as in effect on or after the date of the enactment
of this section).'.
(A) INTERNET SALES- Not later than 180 days after
the date of enactment of this Act, the Attorney General of the United
States shall promulgate regulations for Internet sales of products
containing dextromethorphan to ensure compliance with section 425 of
the Controlled Substances Act, as added by this Act.
(i) IN GENERAL- Not later than 180 days after
the date of enactment of this Act, the Attorney General of the United
States shall promulgate regulations to carry out section 425 of the
Controlled Substances Act, as added by this Act.
(ii) CONTENTS- The regulations promulgated under clause (i) shall--
(I) provide for a range of fines for a
retailer, based on whether the retailer or an employee or agent of that
retailer has committed prior violations of section 425(a) of the
Controlled Substances Act, as added by this Act; and
(II) require consideration of whether a fine to be imposed on a retailer should be reduced or eliminated based on--
(aa) the establishment and administration of an effective
employee training program by a retailer relating to this subtitle and
the amendments made by this subtitle; or
(bb) other actions taken by a retailer to ensure compliance with this subtitle and the amendments made by this subtitle.
(C) DEFINITION OF RETAILER- In this paragraph,
the term `retailer' means a grocery store, general merchandise store,
drug store, convenience store, or other entity or person whose
activities as a distributor relating to products containing
dextromethorphan are limited almost exclusively to sales for personal
use, both in number of sales and volume of sales, either directly to
walk-in customers or in face-to-face transactions by direct sales.
(3) SENSE OF THE SENATE- It is the sense of the Senate that--
(A) manufacturers of products containing
dextromethorphan should contain language on packages cautioning
consumers about the dangers of dextromethorphan misuse; and
(B) retailers selling products containing
dextromethorphan should impose appropriate safeguards to protect
against the theft of such products.
(1) THE PARTNERSHIP FOR A DRUG-FREE AMERICA-
(A) IN GENERAL- The Director of National Drug
Control Policy shall make a directed grant to the Partnership for a
Drug-Free America to provide education to individuals under the age of
18 years and parents regarding preventing the abuse of prescription and
nonprescription drugs (including dextromethorphan).
(B) AUTHORIZATION OF APPROPRIATIONS- In addition to
any other amounts authorized to be appropriated, there are authorized
to be appropriated $4,000,000 for each of fiscal years 2008 through
2010 to carry out this paragraph.
(2) COMMUNITY ANTI-DRUG COALITION OF AMERICA-
(A) IN GENERAL- The Director of National Drug
Control Policy shall make a directed grant to the Community Anti-Drug
Coalition of America to provide education, training, and technical
assistance to community coalitions regarding preventing the abuse of
prescription and nonprescription drugs (including dextromethorphan).
(B) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated $4,000,000 for each of fiscal years 2008
through 2010 to carry out this paragraph.
(3) SUPPLEMENT NOT SUPPLANT- Grant funds provided under
this subsection shall be used to supplement, not supplant, Federal and
non-Federal funds available for carrying out the activities described
in this subsection.
(e) Supplemental Grants for Communities With Major Prescription and Nonprescription Drug Issues-
(1) DEFINITIONS- In this subsection--
(A) the term `Administrator' means the Administrator of the Substance Abuse and Mental Health Services Administration;
(B) the term `drug' has the meaning given that term
in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321);
(C) the term `eligible entity' means an organization that--
(i) on or before the date of submitting an
application for a grant under this subsection, receives a grant under
the Drug-Free Communities Act of 1997 (21 U.S.C. 1521 et seq.); and
(ii) has documented, using local data, rates of
prescription or nonprescription drug abuse above national averages, as
determined by the Administrator (including appropriate consideration of
the Monitoring the Future Survey by the University of Michigan), for
comparable time periods;
(D) the term `nonprescription drug' has the meaning
given that term in section 760 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 379aa); and
(E) the term `prescription drug' means a drug
described in section 503(b)(1) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 353(b)(1)).
(2) AUTHORIZATION OF PROGRAM- The Administrator, in
consultation with the Director of the Office of National Drug Control
Policy, may make enhancement grants to eligible entities to implement
comprehensive community-wide strategies that address abuse of
prescription and nonprescription drugs.
(A) IN GENERAL- An eligible entity desiring an
enhancement grant under this subsection shall submit an application to
the Administrator at such time, in such manner, and accompanied by such
information as the Administrator may require.
(B) CRITERIA- As part of an application for a grant
under this subsection, the Administrator shall require an eligible
entity to submit a detailed, comprehensive, multisector plan for
addressing abuse of prescription and nonprescription drugs.
(4) USES OF FUNDS- An eligible entity that receives a
grant under this subsection shall use the grant funds for implementing
a comprehensive, community-wide strategy that addresses abuse of
prescription and nonprescription drugs issues in that community, in
accordance with the plan submitted under paragraph (3)(B).
(5) GRANT TERMS- A grant under this subsection--
(A) shall be made for a period of not more than 4 years; and
(B) shall not be in an amount of more than $50,000 per year.
(6) SUPPLEMENT NOT SUPPLANT- Grant funds provided under
this subsection shall be used to supplement, not supplant, Federal and
non-Federal funds available for carrying out the activities described
in this subsection.
(7) EVALUATION- A grant under this subsection shall be
subject to the same evaluation requirements and procedures as the
evaluation requirements and procedures imposed on the recipient of a
grant under the Drug-Free Communities Act of 1997 (21 U.S.C. 1521 et
seq.).
(8) ADMINISTRATIVE EXPENSES- Not more than 6 percent of
a grant under this subsection may be expended for administrative
expenses.
(9) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated $4,000,000 for each of fiscal years 2008
through 2010 to carry out this subsection.
(f) Data Collection- It is the Sense of the Senate that
Federal agencies and grantees that collect data on drug use trends
should ensure that the survey instruments used by such agencies and
grantees include questions to ascertain changes in the trend of abuse
of prescription and nonprescription drugs.
(g) Technical and Conforming Amendments-
(1) IN GENERAL- Section 201(g) of the Controlled Substances Act (21 U.S.C. 811(g)) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(2) TABLE OF CONTENTS- 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 424, as added by this Act, the following:
`Sec. 425. Dextromethorphan sales.'.
Subtitle C--Recognizing Addiction as a Disease Act of 2007
SEC. 5301. SHORT TITLE.
This subtitle may be cited as the `Recognizing Addiction as a Disease Act of 2007'.
SEC. 5302. FINDINGS.
Congress makes the following findings:
(1) Addiction is a chronic, relapsing brain disease
that is characterized by compulsive drug seeking and use, despite
harmful consequences. It is considered a brain disease because drugs
change the brain's structure and manner in which it functions. These
brain changes can be long lasting, and can lead to the harmful
behaviors seen in people who abuse drugs. The disease of addiction
affects both brain and behavior, and scientists have identified many of
the biological and environmental factors that contribute to the
development and progression of the disease.
(2) The pejorative term `abuse' used in connection with
diseases of addiction has the adverse effect of increasing social
stigma and personal shame, both of which are so often barriers to an
individual's decision to seek treatment.
SEC. 5303. NAME CHANGE.
(a) Public Health Service Act- The Public Health Service Act is amended--
(1) in section 208(g) (42 U.S.C. 210(g)), by striking
`National Institute on Alcohol Abuse and Alcoholism' and inserting
`National Institute on Alcohol Disorders and Health';
(2) in section 401(b) (42 U.S.C. 281(b))--
(A) in paragraph (12), by striking `National
Institute on Alcohol Abuse and Alcoholism' and inserting `National
Institute on Alcohol Disorders and Health'; and
(B) in paragraph (13), by striking `National
Institute on Drug Abuse' and inserting `National Institute on Diseases
of Addiction';
(3) in subpart 14 of part C of title IV (42 U.S.C. 285n et seq.)--
(A) in the subpart heading by striking `Alcohol Abuse and Alcoholism' and inserting `Alcohol Disorders and Health';
(B) in section 464H (42 U.S.C. 285n)--
(i) in subsection (a), by striking `National
Institute on Alcohol Abuse and Alcoholism' and inserting `National
Institute on Alcohol Disorders and Health'; and
(I) in paragraph (3), by striking `Alcohol Abuse and Alcoholism' and inserting `Alcohol Disorders and Health';
(II) in paragraph (5), by striking
`National Institute of Drug Abuse' and inserting `National Institute on
Diseases of Addiction'; and
(III) in paragraph (10), by striking `Alcohol Abuse and Alcoholism' and inserting `Alcohol Disorders and Health'; and
(C) in section 464P (42 U.S.C. 285o-4)--
(i) in subsection (a)(7), by striking `National
Institute on Alcohol Abuse and Alcoholism' and inserting `National
Institute on Alcohol Disorders and Health'; and
(ii) in subsection (b)(3), by striking `Council on Drug Abuse' and inserting `Council on Diseases of Addiction'; and
(4) in subpart 15 of part C of title IV (42 U.S.C. 285o et seq.)--
(A) in the subpart heading by striking `Drug Abuse' and inserting `Diseases of Addiction'; and
(B) in section 464L(a) (42 U.S.C. 285o(a)), by
striking `National Institute on Drug Abuse' and inserting `National
Institute on Diseases of Addiction';
(5) in section 501 (42 U.S.C. 290aa)--
(A) by striking `National Institute on Alcohol
Abuse and Alcoholism' each place that such appears and inserting
`National Institute on Alcohol Disorders and Health'; and
(B) by striking `National Institute on Drug Abuse'
each place that such appears and inserting `National Institute on
Diseases of Addiction';
(6) in section 507 (42 U.S.C. 290bb)--
(A) by striking `National Institute on Alcohol
Abuse and Alcoholism' each place that such appears and inserting
`National Institute on Alcohol Disorders and Health'; and
(B) by striking `National Institute on Drug Abuse'
each place that such appears and inserting `National Institute on
Diseases of Addiction';
(7) in section 513 (42 U.S.C. 290bb-6), by striking
`NATIONAL INSTITUTE ON DRUG ABUSE' in the section heading and inserting
`NATIONAL INSTITUTE ON DISEASES OF ADDICTION';
(8) in section 530 (42 U.S.C. 290cc-30)--
(A) by striking `National Institute of Alcohol
Abuse and Alcoholism' and inserting `National Institute on Alcohol
Disorders and Health'; and
(B) by striking `National Institute on Drug Abuse' and inserting `National Institute on Diseases of Addiction'; and
(9) in section 1918(a)(8)(B) (42 U.S.C.
300x-7(a)(8)(B)), by striking `National Institute on Drug Abuse' each
place that such appears and inserting `National Institute on Diseases
of Addiction'.
(1) TITLE 5, UNITED STATES CODE- Section 7361(a) of
title 5, United States Code, is amended by striking `National Institute
on Drug Abuse' and inserting `National Institute on Diseases of
Addiction'.
(2) COMPREHENSIVE SMOKING EDUCATION ACT- Section
3(b)(1)(A) of the Comprehensive Smoking Education Act (15 U.S.C.
1341(b)(1)(A)) is amended by striking `National Institute on Drug
Abuse' and inserting `National Institute on Diseases of Addiction'.
(3) ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965-
Section 4124(a)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7134 (a)(2)) is amended--
(A) in subparagraph (C), by striking `National
Institute on Drug Abuse' and inserting `National Institute on Diseases
of Addiction'; and
(B) in subparagraph (D), by striking `National
Institute on Alcoholism and Alcohol Abuse' and inserting `National
Institute on Alcohol Disorders and Health'.
(4) CONTROLLED SUBSTANCES ACT- Section 303(g)(2)(H) of
the Controlled Substances Act (21 U.S.C. 823(g)(2)(H)) is amended by
striking `National Institute on Drug Abuse' each place that such
appears and inserting `National Institute on Diseases of Addiction'.
(5) DRUG ABUSE, PREVENTION, TREATMENT, AND
REHABILITATION ACT- The Drug Abuse, Prevention, Treatment, and
Rehabilitation Act is amended--
(A) in section 410(1) (21 U.S.C. 1177(a)), by
striking `National Institute on Drug Abuse' and inserting `National
Institute on Diseases of Addiction'; and
(B) in section 412(a) (21 U.S.C. 1179(A)), by
striking `National Institute on Drug Abuse' and inserting `National
Institute on Diseases of Addiction'.
(c) Reference- Any reference in any law, regulation, order,
document, paper, or other record of the United States to the `National
Institute on Drug Abuse', the `National Institute on Alcohol Abuse and
Alcoholism', the `National Advisory Council on Alcohol Abuse and
Alcoholism', and the `National Advisory Council on Drug Abuse' shall be
deemed to be a reference to the `National Institute on Diseases of
Addiction', the `National Institute on Alcohol Disorders and Health',
the `National Advisory Council on Alcohol Disorders and Health', and
the `National Advisory Council on Diseases of Addiction', respectively.
(d) Rule of Construction- Nothing in this subtitle shall be
construed to alter the mission of the National Institute on Alcohol
Abuse and Alcoholism (renamed the National Institute on Alcohol
Disorders and Health) or the National Institute on Drug Abuse (as
renamed the National Institute on Diseases of Addiction) or have any
substantive effect on the duties or responsibilities of such Institutes.
Subtitle D--Children of Addicted Parents of 2007
SEC. 5401. SHORT TITLE.
This subtitle may be cited as the `Children of Addicted Parents Act of 2007'.
SEC. 5402. FINDINGS.
Congress find the following:
(1) Children of addicted parents are at highest risk
for early alcohol and drug use and addiction, for being victims of
abuse and neglect, for developing early mental health problems, for
developmental damage from the chronic emotional stress of living in
addicted families, for joining gangs, and for entering the juvenile
justice system. One in 4 children under the age of 18 lives in a family
with alcohol abuse or alcohol addiction. Millions more live with a
parent who is addicted to drugs.
(2) Early age-appropriate preventive interventions for
these children, such as targeted educational support programs that
could be offered in schools, social service agencies, addiction
treatment programs, community and faith-based youth service
organizations, and in early childhood programs, can support these young
people in developing resilience, making healthy choices, and preventing
them from entering the juvenile justice system or developing alcohol or
drug use problems.
(3) Low-cost and targeted prevention services in the
community systems where children are most readily found provide the
possibility of reducing the high-cost services required once a young
person enters the juvenile justice system.
SEC. 5403. DEFINITIONS.
(1) CARETAKER- The term `caretaker', with respect to a
child of an alcohol or drug addicted parent, means any individual
acting in a parental role regarding the child (including any birth
parent, foster parent, adoptive parent, relative of such a child, or
other individual acting in such a role).
(2) CHILDREN OF ADDICTED PARENTS- The term `children of addicted parents' means--
(A) children who have lived or are living in a
household with an addicted individual acting in a parental role for the
children, including but not limited to children of incarcerated
parents, children of divorced parents, and children in foster care; and
(B) children who have been prenatally exposed to alcohol or other drugs.
(3) INDIAN TRIBE- The term `Indian tribe' means any
tribe, band, nation, or other organized group or community of Indians,
including urban Indians and any Alaska Native village (as defined in,
or established pursuant to, the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.)), that is recognized as eligible for the special
programs and services provided by the United States to Indians because
of their status as Indians.
(4) PUBLIC OR NONPROFIT PRIVATE ENTITIES- The term
`public or nonprofit private entities' includes community-based
organizations, local public health departments, community action
organizations, faith organizations, local school systems, child welfare
agencies, family resource and support programs, Indian organizations,
including urban Indian agencies, and national nonprofit organizations
working with these local entities.
SEC. 5404. GRANT PROGRAM.
(a) In General- The Attorney General, acting through the
Director of the Office of Juvenile Justice Programs, shall make grants
to public and nonprofit private entities, for the purpose of carrying
out programs--
(1) to provide developmentally and age-appropriate
educational support group services to children of addicted parents,
including services similar to those used in student assistance programs
and addiction treatment programs for the children of clients in
treatment in various community-based settings, such as youth service
agencies, schools, family social services agencies, Head Start
programs, after-school programs, juvenile, and family drug court
programs, early childhood development programs, and addiction treatment
programs; and
(2) to train educational support group facilitators and
program implementers who will initiate, provide, and sustain support
group program services to children of addicted parents under this
section.
(b) Services for Children of Addicted Parents- The Attorney
General may make a grant under this section only if the applicant
involved agrees to make available (directly or through agreements with
other entities) to children of addicted parents each of the following
services:
(1) Developmentally and age-appropriate educational
support groups that focus on the needs of children of addicted parents,
promote resilience, and include drug and alcohol early intervention and
prevention services.
(2) Aggressive outreach to children living in families
with an alcohol or drug addicted parent, other caretaker, or addicted
sibling.
(3) Parenting education services and parent support
groups may be offered under this grant for caretakers of any child
enrolled in a support group program funded under this grant and which
include child abuse and neglect prevention techniques.
(c) Transportation Services- If a demonstrated need exists
and where appropriate, transportation services may be offered for
children participating in a support group program supported by a grant
under this section.
(d) Services- Services under a program supported by a grant under this section shall be provided by a--
(1) social worker, student assistance professional, school counselor, family counselor, or similar professional;
(2) a trained worker from the community who is supervised by a professional; or
(3) a professional or entity that provides assurances
that the professional or entity is licensed or certified by the State
if required and is complying with applicable licensure or certification
requirements.
SEC. 5405. TRAINING FOR PROVIDERS.
(a) Finding- Congress finds that facilitator training is
critical to the effective implementation of educational support group
programs for children of addicted parents.
(b) Grant- The Attorney General may make a grant under this
section for the training of the authorized service providers in section
5404.
(c) Purpose- The purpose of training under this section shall be--
(1) to assist professionals and community prevention
workers in recognizing children who have alcohol and drug abuse
problems in their families; and
(2) to enhance the skills of the authorized service
providers in section 5404 in providing supportive preventive
interventions and educational support groups for such children.
(d) Eligible Entities- The Attorney General shall award the
training grant under this section to an eligible national nonprofit
entity with demonstrated expertise in the impact of addiction on
children, a history of providing effective training for the
establishment and sustainability of educational support programs for
children of addicted parents in schools, treatment programs, youth
organizations, and faith organizations, and with broad linkages with
community-based alcohol and drug prevention programs.
SEC. 5406. AUTHORIZATION OF APPROPRIATIONS.
For the purposes of carrying out this subtitle, there are authorized to be appropriated--
(1) for the grant program under section 5404,
$10,000,000 for fiscal year 2008, $11,000,000 for fiscal year 2009,
$12,000,000 for fiscal year 2010, $13,000,000 for fiscal year 2011, and
$14,000,000 for fiscal year 2012; and
(2) for the training of providers under section 5405,
$500,000 for fiscal year 2008, $550,000 for fiscal year 2009, $600,000
for fiscal year 2010, $650,000 for fiscal year 2011, and $700,000 for
fiscal year 2012.
Subtitle E--Online Pharmacy Bill
SEC. 5501. SHORT TITLE.
This subtitle may be cited as the `Ryan Haight Online Pharmacy Consumer Protection Act of 2007'.
SEC. 5502. REQUIREMENT OF A VALID PRESCRIPTION FOR CONTROLLED SUBSTANCES DISPENSED BY MEANS OF THE INTERNET.
Section 309 of the Controlled Substances Act (21 U.S.C. 829) is amended by adding at the end the following new subsection:
`(e) Controlled Substances Dispensed by Means of the Internet-
`(1) No controlled substance may be delivered,
distributed, or dispensed by means of the Internet without a valid
prescription.
`(2) As used in this subsection:
`(A) The term `valid prescription' means a
prescription that is issued for a legitimate medical purpose in the
usual course of professional practice by--
`(i) a practitioner who has conducted at least one in-person medical evaluation of the patient; or
`(ii) a covering practitioner.
`(B)(i) The term `in-person medical evaluation'
means a medical evaluation that is conducted with the patient in the
physical presence of the practitioner, without regard to whether
portions of the evaluation are conducted by other health professionals.
`(ii) Nothing in clause (i) shall be construed to
imply that one in-person medical evaluation demonstrates that a
prescription has been issued for a legitimate medical purpose within
the usual course of professional practice.
`(C) The term `covering practitioner' means, with
respect to a patient, a practitioner who conducts a medical evaluation
(other than an in-person medical evaluation) at the request of a
practitioner who--
`(i) has conducted at least one in-person
medical evaluation of the patient during the 24-month period ending on
the date of that medical evaluation; and
`(ii) is temporarily unavailable to conduct the evaluation of the patient.
`(3) Nothing in this subsection shall apply to--
`(A) the delivery, distribution, or dispensing of a
controlled substance by a practitioner engaged in the practice of
telemedicine if--
`(i) the telemedicine is being conducted while
the patient is being treated by, and physically located in, a hospital
or clinic registered under section 303(f), and the practitioner
conducting the practice of telemedicine is registered under section
303(f) in the State in which the patient is located and is acting in
the usual course of professional practice and in accordance with
applicable State law;
`(ii) the telemedicine is being conducted while
the patient is being treated by, and in the physical presence of, a
practitioner registered under section 303(f) who is acting in the usual
course of professional practice, and the practitioner conducting the
practice of telemedicine is registered under section 303(f) in the
State in which the patient is located and is acting in the usual course
of professional practice and in accordance with applicable State law; or
`(iii) the telemedicine is being conducted
under any other circumstances that the Attorney General and the
Secretary have jointly, by regulation, determined to be consistent with
effective controls against diversion and otherwise consistent with the
public health and safety; or
`(B) the dispensing or selling of a controlled
substance pursuant to practices as determined by the Attorney General
by regulation, which shall be consistent with effective controls
against diversion.'.
SEC. 5503. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT
RELATING TO THE DELIVERY OF CONTROLLED SUBSTANCES BY MEANS OF THE
INTERNET.
(a) In General- Section 102 of the Controlled Substances
Act (21 U.S.C. 802), as amended by this Act, is amended by adding at
the end the following:
`(52) The term `Internet' means collectively the myriad
of computer and telecommunications facilities, including equipment and
operating software, which comprise the interconnected worldwide network
of networks that employ the Transmission Control Protocol/Internet
Protocol, or any predecessor or successor protocol to such protocol, to
communicate information of all kinds by wire or radio.
`(53) The term `deliver, distribute, or dispense by
means of the Internet' refers, respectively, to any delivery,
distribution, or dispensing of a controlled substance that is caused or
facilitated by means of the Internet.
`(54) The term `online pharmacy'--
`(A) means a person, entity, or Internet site,
whether in the United States or abroad, that knowingly or intentionally
delivers, distributes, or dispenses, or offers or attempts to deliver,
distribute, or dispense, a controlled substance by means of the
Internet; and
`(i) manufacturers or distributors registered
under subsection (a), (b), (c), or (d) of section 303 who do not
dispense controlled substances to an unregistered individual or entity;
`(ii) nonpharmacy practitioners who are
registered under section 303(f) and whose activities are authorized by
that registration;
`(iii) mere advertisements that do not attempt to facilitate an actual transaction involving a controlled substance; or
`(iv) a person, entity, or Internet site which
is not in the United States and does not facilitate the delivery,
distribution, or dispensing of a controlled substance by means of the
Internet to any person in the United States.
`(55) The term `homepage' means the opening or main
page or screen of the website of an online pharmacy that is viewable on
the Internet.
`(56) The term `practice of telemedicine' means the
practice of medicine in accordance with applicable Federal and State
laws by a practitioner (other than a pharmacist) who is at a location
remote from the patient and is communicating with the patient, or
health care professional who is treating the patient, using a
telecommunications system referred to in section 1834(m) of the Social
Security Act (42 U.S.C. 1395m(m)).'.
(b) Registration Requirements- Section 303 of the
Controlled Substances Act (21 U.S.C. 823) is amended by adding at the
end the following new subsection:
`(i) Dispenser of Controlled Substances by Means of the
Internet- (1) An online pharmacy shall obtain a registration
specifically authorizing such activity, in accordance with regulations
promulgated by the Attorney General. In determining whether to grant an
application for such registration, the Attorney General shall apply the
factors set forth in subsection (f).
`(2) Registration under this subsection shall be in addition to, and not in lieu of, registration under subsection (f).
`(3) This subsection does not apply to pharmacies that
merely advertise by means of the Internet but do not attempt to
facilitate an actual transaction involving a controlled substance by
means of the Internet.'.
(c) Reporting Requirements- Section 307(d) of the Controlled Substances Act (21 U.S.C. 827(d)) is amended by--
(1) designating the text as paragraph (1); and
(2) inserting after paragraph (1), as so designated by this Act, the following new paragraph:
`(2) A pharmacy registered under section 303(i) shall
report to the Attorney General the controlled substances dispensed
under such registration, in such manner and accompanied by such
information as the Attorney General by regulation shall require.'.
(d) Online Prescription Requirements- The Controlled
Substances Act is amended by inserting after section 310 (21 U.S.C.
830) the following:
`ONLINE PHARMACY LICENSING AND DISCLOSURE REQUIREMENTS
`Sec. 311. (a) In General- An online pharmacy shall display
in a visible and clear manner on its homepage a statement that it
complies with the requirements of this section with respect to the
delivery or sale or offer for sale of controlled substances and shall
at all times display on the homepage of its Internet site a declaration
of compliance in accordance with this section.
`(b) Licensure- Each online pharmacy shall comply with the
requirements of State law concerning the licensure of pharmacies in
each State from which it, and in each State to which it, delivers,
distributes, or dispenses or offers to deliver, distribute, or dispense
controlled substances by means of the Internet.
`(c) Compliance- No online pharmacy or practitioner shall
deliver, distribute, or dispense by means of the Internet a controlled
substance without a valid prescription (as defined in section 309(e))
and each online pharmacy shall comply with all applicable requirements
of Federal and State law.
`(d) Internet Pharmacy Site Disclosure Information- Each
online pharmacy site shall post in a visible and clear manner on the
homepage of its Internet site or on a page directly linked from its
homepage the following:
`(1) The name of the owner, street address of the
online pharmacy's principal place of business, telephone number, and
email address.
`(2) A list of the States in which the online pharmacy,
and any pharmacy which dispenses, delivers, or distributes a controlled
substance on behalf of the online pharmacy, is licensed to dispense
controlled substances or prescription drugs and any applicable license
number.
`(3) For each pharmacy identified on its license in
each State in which it is licensed to engage in the practice of
pharmacy and for each pharmacy which dispenses or ships controlled
substances on behalf of the online pharmacy:
`(A) The name of the pharmacy.
`(B) The street address of the pharmacy.
`(C) The name, professional degree, and licensure of the pharmacist-in-charge.
`(D) The telephone number at which the pharmacist-in-charge can be contacted.
`(E) A certification that each pharmacy which
dispenses or ships controlled substances on behalf of the online
pharmacy is registered under this part to deliver, distribute, or
dispense by means of the Internet controlled substances.
`(4) The name, address, professional degree, and
licensure of practitioners who provide medical consultations through
the website for the purpose of providing prescriptions.
`(5) A telephone number or numbers at which the practitioners described in paragraph (4) may be contacted.
`(6) The following statement, unless revised by the
Attorney General by regulation: `This online pharmacy will only
dispense a controlled substance to a person who has a valid
prescription issued for a legitimate medical purpose based upon a
medical relationship with a prescribing practitioner, which includes at
least one prior in-person medical evaluation. This online pharmacy
complies with section 309(e) of the Controlled Substances Act (21
U.S.C. 829(e)).'.
`(e) Notification- (1) Thirty days prior to offering a
controlled substance for sale, delivery, distribution, or dispensing,
the online pharmacy shall notify the Attorney General, in the form and
manner as the Attorney General shall determine, and the State boards of
pharmacy in any States in which the online pharmacy offers to sell,
deliver, distribute, or dispense controlled substances.
`(2) The notification required under paragraph (1) shall include--
`(A) the information required to be posted on the
online pharmacy's Internet site under subsection (d) and shall notify
the Attorney General and the applicable State boards of pharmacy, under
penalty of perjury, that the information disclosed on its Internet site
under to subsection (d) is true and accurate;
`(B) the online pharmacy's Internet site address and a
certification that the online pharmacy shall notify the Attorney
General of any change in the address at least 30 days in advance; and
`(C) the Drug Enforcement Administration registration
numbers of any pharmacies and practitioners referred to in subsection
(d), as applicable.
`(3) An online pharmacy that is already operational as of
the effective date of this section, shall notify the Attorney General
and applicable State boards of pharmacy in accordance with this
subsection not later than 30 days after the effective date of this
section.
`(f) Declaration of Compliance- On and after the date on
which it makes the notification under subsection (e), each online
pharmacy shall display on the homepage of its Internet site, in such
form as the Attorney General shall by regulation require, a declaration
that it has made such notification to the Attorney General.
`(g) Reports- Any statement, declaration, notification, or
disclosure required under this section shall be considered a report
required to be kept under this part.'.
(e) Offenses Involving Controlled Substances in Schedules
III, IV, and V- Section 401(b) of the Controlled Substances Act (21
U.S.C. 841(b)) is amended--
(A) in subparagraph (C), by striking `1 gram of' before `flunitrazepam';
(B) in subparagraph (D), by striking `or in the
case of any controlled substance in schedule III (other than gamma
hydroxybutyric acid), or 30 milligrams of flunitrazepam'; and
(C) by adding at the end the following:
`(E)(i) In the case of any controlled substance in
schedule III, such person shall be sentenced to a term of imprisonment
of not more than 10 years and if death or serious bodily injury results
from the use of such substance shall be sentenced to a term of
imprisonment of not more than 20 years, a fine not to exceed the
greater of that authorized in accordance with the provisions of title
18, or $500,000 if the defendant is an individual or $2,500,000 if the
defendant is other than an individual, or both.
`(ii) If any person commits such a violation after a
prior conviction for a felony drug offense has become final, such
person shall be sentenced to a term of imprisonment of not more than 20
years and if death or serious bodily injury results from the use of
such substance shall be sentenced to a term of imprisonment of not more
than 30 years, a fine not to exceed the greater of twice that
authorized in accordance with the provisions of title 18, or $1,000,000
if the defendant is an individual or $5,000,000 if the defendant is
other than an individual, or both.
`(iii) Any sentence imposing a term of imprisonment
under this subparagraph shall, in the absence of such a prior
conviction, impose a term of supervised release of at least 2 years in
addition to such term of imprisonment and shall, if there was such a
prior conviction, impose a term of supervised release of at least 4
years in addition to such term of imprisonment';
(2) in paragraph (2) by--
(A) striking `3 years' and inserting `5 years';
(B) striking `6 years' and inserting `10 years';
(C) striking `after one or more prior convictions'
and all that follows through `have become final,' and inserting `after
a prior conviction for a felony drug offense has become final,'; and
(3) in paragraph (3) by--
(A) striking `2 years' and inserting `6 years';
(B) striking `after one or more convictions' and
all that follows through `have become final,' and inserting `after a
prior conviction for a felony drug offense has become final,'; and
(C) adding at the end the following `Any sentence
imposing a term of imprisonment under this paragraph may, if there was
a prior conviction, impose a term of supervised release of not more
than 1 year, in addition to such term of imprisonment.'
(f) Offenses Involving Dispensing of Controlled Substances
by Means of the Internet- Section 401 of the Controlled Substances Act
(21 U.S.C. 841) is amended by adding at the end the following:
`(h) Offenses Involving Dispensing of Controlled Substances
by Means of the Internet- (1) Except as authorized by this title, it
shall be unlawful for any person to knowingly or intentionally cause or
facilitate the delivery, distribution, or dispensing by means of the
Internet of a controlled substance.
`(2) Examples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally--
`(A) delivering, distributing, or dispensing a
controlled substance by means of the Internet by a pharmacy not
registered under section 303(i);
`(B) writing a prescription for a controlled substance
for the purpose of delivery, distribution, or dispensation by means of
the Internet in violation of subsection 309(e);
`(C) serving as an agent, intermediary, or other entity
that causes the Internet to be used to bring together a buyer and
seller to engage in the dispensing of a controlled substance in a
manner not authorized by sections 303(i) or 309(e); and
`(D) making a material false, fictitious, or fraudulent
statement or representation in the submission to the Attorney General
under section 311.
`(3)(A) This subsection does not apply to--
`(i) the delivery, distribution, or dispensation of
controlled substances by nonpractitioners to the extent authorized by
their registration under this title;
`(ii) the placement on the Internet of material that
merely advocates the use of a controlled substance or includes pricing
information without attempting to propose or facilitate an actual
transaction involving a controlled substance; or
`(iii) except as provided in subparagraph (B), any activity that is limited to--
`(I) the provision of a telecommunications service,
or of an Internet access service or Internet information location tool
(as those terms are defined in section 231 of the Communications Act of
1934 (47 U.S.C. 231)); or
`(II) the transmission, storage, retrieval,
hosting, formatting, or translation (or any combination thereof) of a
communication, without selection or alteration of the content of the
communication, except that deletion of a particular communication or
material made by another person in a manner consistent with section
230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) shall not
constitute such selection or alteration of the content of the
communication.
`(B) The exceptions under subclauses (I) and (II) of
subparagraph (A)(iii) shall not apply to a person acting in concert
with a person who violates subsection (g)(1).
`(4) Any person who knowingly or intentionally violates
this subsection shall be sentenced in accordance with subsection (b) of
this section.'.
(g) Publication- Section 403(c) of the Controlled Substances Act (21 U.S.C. 843(c)) is amended by--
(1) designating the text as paragraph (1); and
(2) adding at the end the following:
`(2)(A) Except as authorized by this title, it shall be
unlawful for any person by means of the Internet, to knowingly
advertise the sale or distribution of, or to offer to sell, distribute,
or dispense, a controlled substance.
`(B) Examples of activities that violate subparagraph (A)
include, but are not limited to, knowingly or intentionally causing the
placement on the Internet of an advertisement that refers to or directs
prospective buyers to Internet sellers of controlled substances who are
not registered under section 303(i).
`(C) Subparagraph (A) does not apply to material that either--
`(i) merely advertises the distribution of controlled
substances by nonpractitioners to the extent authorized by their
registration under this title; or
`(ii) merely advocates the use of a controlled
substance or includes pricing information without attempting to
facilitate an actual transaction involving a controlled substance.'.
(h) Injunctive Relief- Section 512 of the Controlled
Substances Act (21 U.S.C. 882) is amended by adding to the end of the
section the following new subsection:
`(c) State Cause of Action Pertaining to Online Pharmacies-
(1) In any case in which the State has reason to believe that an
interest of the residents of that State has been or is being threatened
or adversely affected by the action of a person, entity, or Internet
site that violates the provisions of section 303(i), 309(e), or 311,
the State may bring a civil action on behalf of such residents in a
district court of the United States with appropriate jurisdiction--
`(A) to enjoin the conduct which violates this section;
`(B) to enforce compliance with this section;
`(C) to obtain damages, restitution, or other compensation, including civil penalties under section 402(b); and
`(D) to obtain such other legal or equitable relief as the court may find appropriate.
`(2)(A) Prior to filing a complaint under paragraph (1),
the State shall serve a copy of the complaint upon the Attorney General
and upon the United States Attorney for the judicial district in which
the complaint is to be filed. In any case where such prior service is
not feasible, the State shall serve the complaint on the Attorney
General and the appropriate United States Attorney on the same day that
the State's complaint is filed in Federal district court of the United
States. Such proceedings shall be independent of, and not in lieu of,
criminal prosecutions or any other proceedings under this title or any
other laws of the United States.
`(B)(i) Not later than 120 days after the later of the date
on which a State's complaint is served on the Attorney General and the
appropriate United States Attorney, or the date on which the complaint
is filed, the United States shall have the right to intervene as a
party in any action filed by a State under paragraph (1).
`(ii) After the 120-day period described in clause (i) has
elapsed, the United States may, for good cause shown, intervene as a
party in an action filed by a State under paragraph (1).
`(iii) Notice and an opportunity to be heard with respect
to intervention shall be afforded the State that filed the original
complaint in any action in which the United States files a complaint in
intervention under clause (i) or a motion to intervene under clause
(ii).
`(iv) The United States may file a petition for appeal of a
judicial determination in any action filed by a State under this
section.
`(C) Service of a State's complaint on the United States as
required in this paragraph shall be made in accord with the
requirements of Federal Rule of Civil Procedure 4(i)(1).
`(3) For purposes of bringing any civil action under
paragraph (1), nothing in this Act shall prevent an attorney general of
a State from exercising the powers conferred on the attorney general of
a State by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses of or the production of documentary or other evidence.
`(4) Any civil action brought under paragraph (1) in a
district court of the United States may be brought in the district in
which the defendant is found, is an inhabitant, or transacts business
or wherever venue is proper under section 1391 of title 28, United
States Code. Process in such action may be served in any district in
which the defendant is an inhabitant or in which the defendant may be
found.
`(5) No private right of action is created under this subsection.'.
(i) Forfeiture of Facilitating Property in Drug Cases-
Section 511(a)(4) of the Controlled Substances Act (21 U.S.C.
881(a)(4)) is amended to read as follows:
`(4) Any property, real or personal, tangible or
intangible, used or intended to be used to commit, or to facilitate the
commission, of a violation of this title or title III, and any property
traceable thereto.'.
(j) Import and Export Act- Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (4) by--
(A) striking `or any quantity of a controlled
substance in schedule III, IV, or V, (except a violation involving
flunitrazepam and except a violation involving gamma hydroxybutyric
acid)';
(B) inserting `, or' before `less than one kilogram of hashish oil'; and
(C) striking `imprisoned' and all that follows
through the end of the paragraph and inserting `sentenced in accordance
with section 401(b)(1)(D) of this title (21 U.S.C. 841(b)(1)(E)).';
(2) by adding at the end the following:
`(5) In the case of a violation of subsection (a) of this
section involving a controlled substance in schedule III, such person
shall be sentenced in accordance with section 401(b)(1)(E).
`(6) In the case of a violation of subsection (a) of this
section involving a controlled substance in schedule IV (except a
violation involving flunitrazepam), such person shall be sentenced in
accordance with section 401(b)(2).
`(7) In the case of a violation of subsection (a) of this
section involving a controlled substance in schedule V, such person
shall be sentenced in accordance with section 401(b)(3).'; and
(3) in paragraph (3), by striking `, nor shall a person
so sentenced be eligible for parole during the term of such a sentence'
in the final sentence.
(k) Effective Date- The amendments made by this subtitle
shall become effective 60 days after the date of enactment of this Act.
(l) Guidelines and Regulations-
(1) IN GENERAL- The Attorney General may promulgate and
enforce any rules, regulations, and procedures which may be necessary
and appropriate for the efficient execution of functions under this
subtitle, including any interim rules necessary for the immediate
implementation of this subtitle, on its effective date.
(2) SENTENCING GUIDELINES- The United States Sentencing
Commission, in determining whether to amend, or establish new,
guidelines or policy statements, to conform the Federal sentencing
guidelines and policy statements to this subtitle and the amendments
made by this subtitle--
(A) shall consult with the Department of Justice,
experts, and other affected parties concerning which penalties for
scheduled substances amended by this subtitle should be reflected in
the Federal sentencing guidelines; and
(B) should not construe any change in the maximum
penalty for a violation involving a controlled substance in a
particular schedule as being the sole reason to amend a, or establish a
new, guideline or policy statement.
(m) Annual Report- Not later than 180 days after the date
of enactment of this Act, and annually for 2 years after the initial
report, the Drug Enforcement Administration, in consultation with the
Department of State, shall submit to Congress a report describing--
(1) the foreign supply chains and sources of controlled
substances offered for sale without a valid prescription on the
Internet;
(2) the efforts and strategy of the Drug Enforcement
Administration to decrease the foreign supply chain and sources of
controlled substances offered for sale without a valid prescription on
the Internet; and
(3) the efforts of the Drug Enforcement Administration
to work with domestic and multinational pharmaceutical companies and
others to build international cooperation and a commitment to fight on
a global scale the problem of distribution of controlled substances
over the Internet without a valid prescription.
Subtitle F--Local Drug Crisis Enhancement Grants Act
SEC. 5601. SHORT TITLE.
This subtitle may be cited as the `Local Drug Crisis Enhancement Grants Act'.
SEC. 5602. GRANTS.
Section 1032 of the Drug-Free Communities Act of 1997 (21 U.S.C. 1532) is amended by adding at the end the following:
`(c) Coalition Enhancement Grants for Communities With Major Local Drug Issues-
`(1) AUTHORIZATION OF PROGRAM- The Administrator of the
Substance Abuse and Mental Health Services Administration, in
consultation with the Director of the Office of National Drug Control
Policy, shall award enhancement grants to eligible coalitions to
implement comprehensive community-wide strategies that address a local
drug crisis.
`(2) APPLICATION- A coalition desiring an enhancement
grant under this subsection shall submit an application to the
Administrator at such time, and in such manner, and accompanied by such
information as the Administrator may require.
`(3) CRITERIA- A coalition meets the criteria specified in this subsection if the coalition--
`(A) has demonstrated, with local data from sources
such as school surveys, police reports, emergency room admissions, or
coroner's reports, that a specific drug has become a local crisis; and
`(B) submits to the Administrator a detailed, comprehensive multisector plan for addressing the specific local drug crisis.
`(4) USES OF FUNDS- Each eligible entity that receives
a grant under this subsection shall use the grant funds for
implementing comprehensive, community-wide strategies that address
their local drug crises in accordance with the detailed plan submitted
to the Administrator.
`(5) LIMIT- Grants under this subsection shall not exceed $50,000 per year and may not exceed a total of 4 years.
`(6) SUPPLEMENT NOT SUPPLANT- Grant funds provided
under this subsection shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the activities
described in this subsection.
`(7) EVALUATION- Grants under this subsection shall be
subject to the same evaluation requirements and procedures as the
evaluation requirements and procedures imposed on recipients of drug
free community grants.
`(8) ADMINISTRATIVE EXPENSES- Not more than 6 percent
of a grant under this subsection may be expended for administrative
expenses.
`(9) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated to carry out this subsection $5,000,000
for each of the fiscal years 2008 through 2011. This subsection is
subject to the availability of appropriations.'.
Subtitle G--Extraterritorial Controlled Substance Trafficking Venue Clarification Act of 2007
SEC. 5701. SHORT TITLE.
This subtitle may be cited as the `Extraterritorial Controlled Substance Trafficking Venue Clarification Act of 2007'.
SEC. 5702. FINDINGS.
Congress finds the following:
(1) Individuals continue to commit acts outside the
United States for the purpose of smuggling controlled substances into
the United States.
(2) In order to deter, reduce, and punish illegal acts
outside the United States designed and intended to smuggle controlled
substances into the United States, it is important that United States
district courts have a clear basis for the exercise of venue over such
crimes.
(3) Establishing venue criteria for determining the
choice of venue when trying foreign offenders will facilitate the
charging and prosecution of such offenders and allow for trial of such
offenders in the districts which are most adversely impacted by the
unlawful activity.
SEC. 5703. ADDITIONAL BASIS OF VENUE FOR EXTRATERRITORIAL TRAFFICKING IN CONTROLLED SUBSTANCES.
Section 1009(c) of the Controlled Substances Import and
Export Act (21 U.S.C. 959(c)) is amended by inserting after `enters the
United States,' the following: `in the district in which the offender
is first inspected and admitted to the United States,'.
SEC. 5704. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with
respect to any offense committed on or after the date of enactment of
this Act and to any prosecution in which the indictment or other
charging instrument is filed on or after the date of enactment of this
Act.
Subtitle H--Methamphetamine Production Prevention Act of 2007
SEC. 5801. SHORT TITLE.
This subtitle may be cited as the `Methamphetamine Production Prevention Act of 2007'.
SEC. 5802. FINDINGS.
(1) the manufacture, distribution, and use of
methamphetamine have inflicted damages on individuals, families,
communities, businesses, the economy, and the environment throughout
the United States;
(2) methamphetamine is unique among illicit drugs in
that the harms relating to methamphetamine stem not only from its
distribution and use, but also from the manufacture of the drug by
`cooks' in clandestine labs throughout the United States;
(3) Federal and State restrictions limiting the sale of
legal drug products that contain methamphetamine precursors have
reduced the number and size of domestic methamphetamine labs;
(4) domestic methamphetamine cooks have managed to
circumvent restrictions on the sale of methamphetamine precursors by
`smurfing', or purchasing impermissibly large cumulative amounts of
precursor products by traveling from retailer to retailer and buying
permissible quantities at each retailer;
(5) although Federal and State laws require retailers
of methamphetamine precursor products to keep written or electronic
logbooks recording sales of precursor products, retailers are not
always required to transmit this logbook information to appropriate law
enforcement and regulatory agencies, except upon request;
(6) when retailers' logbook information regarding sales
of methamphetamine precursor products is kept in a database in an
electronic format and transmitted between retailers and appropriate law
enforcement and regulatory agencies, such information can be used to
further reduce the number of domestic methamphetamine labs by
preventing the sale of methamphetamine precursors in excess of legal
limits, and by identifying and prosecuting `smurfs' and others involved
in methamphetamine manufacturing;
(7) States and local governments are already beginning
to develop such electronic logbook database systems, but they are
hindered by a lack of resources;
(8) efforts by States and local governments to develop
such electronic logbook database systems may also be hindered by
logbook recordkeeping requirements contained in section 310(e) of the
Controlled Substances Act (21 U.S.C. 830(e)) that are tailored to
written logbooks and not to electronic logbooks; and
(9) providing resources to States and localities and
making technical corrections to the Combat Methamphetamine Epidemic Act
of 2005 will allow more rapid and widespread development of such
electronic logbook systems, thereby reducing the domestic manufacture
of methamphetamine and its associated harms.
SEC. 5803. DEFINITIONS.
(1) the term `local' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State;
(2) the term `methamphetamine precursor electronic
logbook system' means a system by which a regulated seller
electronically records and transmits to an electronic database
accessible to appropriate law enforcement and regulatory agencies
information regarding the sale of a scheduled listed chemical product
that is required to be maintained under section 310(e) of the
Controlled Substances Act (21 U.S.C. 830(e)) (as amended by this Act),
State law governing the distribution of a scheduled listed chemical
product, or any other Federal, State, or local law;
(3) the terms `regulated seller' and `scheduled listed
chemical product' have the meanings given such terms in section 102 of
the Controlled Substances Act (21 U.S.C. 802); and
(A) means a State of the United States, the
District of Columbia, and any commonwealth, territory, or possession of
the United States; and
(B) includes an `Indian tribe', as that term is
defined in section 102 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 479a).
SEC. 5804. AUTHORIZATION FOR EFFECTIVE METHAMPHETAMINE PRECURSOR ELECTRONIC LOGBOOK SYSTEMS.
Section 310(e)(1) of the Controlled Substances Act (21 U.S.C. 830(e)(1)) is amended--
(1) in subparagraph (A)(iii), by striking `a written or
electronic list' and inserting `a written list or an electronic list
that complies with subparagraph (H)'; and
(2) adding at the end the following:
`(H) ELECTRONIC LOGBOOKS-
`(i) IN GENERAL- A logbook maintained in
electronic form shall include, for each sale to which the requirement
of subparagraph (A)(iii) applies, the name of any product sold, the
quantity of that product sold, the name and address of each purchaser,
the date and time of the sale, and any other information required by
State or local law.
`(ii) SELLERS- In complying with the requirements of clause (i), a regulated seller may--
`(I) ask a prospective purchaser for the
name and address, and enter such information into the electronic
logbook, and if the seller enters the name and address of the
prospective purchaser into the electronic logbook, the seller shall
determine that the name entered into the electronic logbook corresponds
to the name provided on the identification presented by the purchaser
under subparagraph (A)(iv)(I)(aa); and
`(II) use a software program that automatically and accurately records the date and time of each sale.
`(iii) PURCHASERS- A prospective purchaser in a
sale to which the requirement of subparagraph (A)(iii) applies that is
being documented in an electronic logbook shall provide a signature in
at least one of the following ways:
`(I) Signing a device presented by the seller that captures signatures in an electronic format.
`(II) Signing a bound paper book.
`(III) Signing a printed document that corresponds to the electronically-captured logbook information for such purchaser.
`(iv) ELECTRONIC SIGNATURES-
`(I) DEVICE- Any device used under clause (iii)(I) shall--
`(aa) preserve each signature in a manner that clearly
links that signature to the other electronically-captured logbook
information relating to the prospective purchaser providing that
signature; and
`(bb) display information that complies with subparagraph (A)(v).
`(II) DOCUMENT RETENTION- A regulated
seller that uses a device under clause (iii)(I) to capture signatures
shall maintain each such signature for not less than 2 years after the
date on which that signature is captured.
`(I) IN GENERAL- Any bound paper book used under clause (iii)(II) shall--
`(aa) ensure that the signature of the prospective
purchaser is adjacent to a unique identifier number or a printed
sticker that clearly links that signature to the
electronically-captured logbook information relating to that
prospective purchaser; and
`(bb) display information that complies with subparagraph (A)(v).
`(II) DOCUMENT RETENTION- A regulated
seller that uses bound paper books under clause (iii)(II) shall
maintain any entry in such books for not less than 2 years after the
date on which that entry is made.
`(I) IN GENERAL- Any printed document used under clause (iii)(III) shall--
`(aa) be printed by the seller at the time of the sale that document relates to;
`(bb) display information that complies with subparagraph (A)(v);
`(cc) for the relevant sale, list the name of each
product sold, the quantity sold, the name and address of the purchaser,
and the date and time of the sale;
`(dd) contain a clearly identified signature line for a purchaser to sign; and
`(ee) include a notice that the signer has read the printed information and agrees that it is accurate.
`(II) DOCUMENT RETENTION-
`(aa) IN GENERAL- A regulated seller that uses printed
documents under clause (iii)(III) shall maintain each such document for
not less than 2 years after the date on which that document is signed.
`(bb) SECURE STORAGE- Each signed document shall be
inserted into a binder or other secure means of document storage
immediately after the purchaser signs the document.'.
SEC. 5805. GRANTS FOR METHAMPHETAMINE PRECURSOR ELECTRONIC LOGBOOK SYSTEMS.
(a) Establishment- The Attorney General of the United
States, through 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 State and local governments to plan,
develop, implement, or enhance methamphetamine precursor electronic
logbook systems.
(1) IN GENERAL- A grant under this section may be used to enable a methamphetamine precursor electronic logbook system to--
(A) indicate to a regulated seller, upon the entry
of information regarding a prospective purchaser into the
methamphetamine precursor electronic logbook system, whether that
prospective purchaser has been determined by appropriate law
enforcement or regulatory agencies to be eligible, ineligible, or
potentially ineligible to purchase a scheduled listed chemical product
under Federal, State, or local law; and
(B) provide contact information for a prospective
purchaser to use if the prospective purchaser wishes to question a
determination by appropriate law enforcement or regulatory agencies
that the prospective purchaser is ineligible or potentially ineligible
to purchase a scheduled listed chemical product.
(2) ACCESS TO INFORMATION- Any methamphetamine
precursor electronic logbook system planned, developed, implemented, or
enhanced with a grant under this section shall prohibit accessing,
using, or sharing information entered into that system for any purpose
other than to--
(A) ensure compliance with this subtitle, section
310(e) of the Controlled Substances Act (21 U.S.C. 830(e)) (as amended
by this Act), State law governing the distribution of any scheduled
listed chemical product, or other applicable Federal, State, or local
law; or
(B) facilitate a product recall to protect public safety.
(1) MAXIMUM AMOUNT- The Attorney General shall not award a grant under this section in an amount that exceeds $300,000.
(2) DURATION- The period of a grant made under this section shall not exceed 3 years.
(3) MATCHING REQUIREMENT- Not less than 25 percent of
the cost of a project for which a grant is made under this section
shall be provided by non-Federal sources.
(4) PREFERENCE FOR GRANTS- In awarding grants under
this section, the Attorney General shall give priority to any grant
application involving a proposed or ongoing methamphetamine precursor
electronic logbook system that is--
(B) capable of real-time capture and transmission
of logbook information to appropriate law enforcement and regulatory
agencies;
(C) designed in a manner that will facilitate the
exchange of logbook information between appropriate law enforcement and
regulatory agencies across jurisdictional boundaries, including State
boundaries; and
(D) developed and operated, to the extent feasible,
in consultation and ongoing coordination with the Drug Enforcement
Administration, the Office of Justice Programs, the Office of National
Drug Control Policy, the nonprofit corporation described in section
1105 of the Office of National Drug Control Policy Reauthorization Act
of 2006 (21 U.S.C. 1701 note), other Federal, State, and local law
enforcement and regulatory agencies, as appropriate, and regulated
sellers.
(A) IN GENERAL- Not later than December 31 of each
calendar year in which funds from a grant received under this section
are expended, the Attorney General shall submit a report to Congress
containing--
(i) a summary of the activities carried out with grant funds during that year;
(ii) an assessment of the effectiveness of the
activities described in clause (i) on the planning, development,
implementation or enhancement of methamphetamine precursor electronic
logbook systems;
(iii) an assessment of the effect of the
activities described in clause (i) on curtailing the manufacturing of
methamphetamine in the United States and the harms associated with such
manufacturing; and
(iv) a strategic plan for the year following the year of that report.
(B) ADDITIONAL INFORMATION- The Attorney General
may require the recipient of a grant under this section to provide
information relevant to preparing any report under subparagraph (A) in
a report that grant recipient is required to submit to the Office of
Justice Programs of the Department of Justice.
SEC. 5806. STUDY.
(a) In General- Not later than 1 year after the date on
which grant funds under section 5805 are first distributed, the
Comptroller General of the United States shall conduct a study and
submit to Congress a report regarding the effectiveness of
methamphetamine precursor electronic logbook systems that receive
funding under that section.
(b) Contents- The report submitted under subsection (a) shall include--
(1) a summary of the activities carried out with grant funds during the previous year;
(2) an assessment of the effectiveness of the
activities described in paragraph (1) on the planning, development,
implementation or enhancement of methamphetamine precursor electronic
logbook systems in the United States;
(3) an assessment of the extent to which proposed or
operational methamphetamine precursor electronic logbook systems in the
United States, including those that receive funding under section 5805,
are--
(B) capable of real-time capture and transmission
of logbook information to appropriate law enforcement and regulatory
agencies;
(C) designed in a manner that will facilitate the
exchange of logbook information between appropriate law enforcement and
regulatory agencies across jurisdictional boundaries, including State
boundaries; and
(D) developed and operated, to the extent feasible,
upon consultation with and in ongoing coordination with the Drug
Enforcement Administration, the Office of Justice Programs, the Office
of National Drug Control Policy, the nonprofit corporation described in
section 1105 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (21 U.S.C. 1701 note), other Federal,
State, and local law enforcement and regulatory agencies, as
appropriate, and regulated sellers;
(4) an assessment of the effect of methamphetamine
precursor electronic logbook systems, including those that receive
funding under this subtitle, on curtailing the manufacturing of
methamphetamine in the United States and reducing i