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 co