II 

Calendar No. 290 

110TH CONGRESS 

1ST SESSION S. 456 

To increase and enhance law enforcement resources committed to investigation 

and prosecution of violent gangs, to deter and punish violent gang crime, 

to protect law-abiding citizens and communities from violent criminals, 

to revise and enhance criminal penalties for violent crimes, to expand 

and improve gang prevention programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2007 

Mrs. FEINSTEIN (for herself, Mr. HATCH, Mr. SCHUMER, Mr. SPECTER, Mr. 

BIDEN, Mr. KYL, Mr. STEVENS, Ms. CANTWELL, Mr. COLEMAN, Ms. MIKULSKI, Mr. BAUCUS, Mr. PRYOR, Mr. SALAZAR, Mrs. MURRAY, Mr. 

BROWN, Mrs. CLINTON, Mrs. DOLE, Mr. CORNYN, Mr. KOHL, Mr. 

CASEY, Mr. WARNER, Mrs. LINCOLN, Mrs. BOXER, Mr. MENENDEZ, Mr. 

DURBIN, Mr. LAUTENBERG, Mr. KENNEDY, Mr. DOMENICI, Mrs. 

HUTCHISON, Ms. MURKOWSKI, Mr. KERRY, Mr. ROBERTS, Mr. JOHNSON, Mr. AKAKA, Mr. WEBB, Mr. BINGAMAN, Mr. INOUYE, Mr. NELSON

of Florida, Mr. MARTINEZ, Mr. BAYH, and Mr. TESTER) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

JULY 30, 2007 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, 

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abiding citizens and communities from violent criminals, 

to revise and enhance criminal penalties for violent 

crimes, to expand and improve gang prevention programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gang Abatement and 

5 Prevention Act of 2007’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 

TITLE I—NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT 

NATIONAL GANGS 

Sec. 101. Revision and extension of penalties related to criminal street gang activity. 

TITLE II—VIOLENT CRIME REFORMS TO REDUCE GANG 

VIOLENCE 

Sec. 201. Violent crimes in aid of racketeering activity. 

Sec. 202. Murder and other violent crimes committed during and in relation to 

a drug trafficking crime. 

Sec. 203. Expansion of rebuttable presumption against release of persons 

charged with firearms offenses. 

Sec. 204. Statute of limitations for violent crime. 

Sec. 205. Study of hearsay exception for forfeiture by wrongdoing. 

Sec. 206. Possession of firearms by dangerous felons. 

Sec. 207. Conforming amendment. 

Sec. 208. Amendments relating to violent crime. 

Sec. 209. Crimes of violence and drug crimes committed by illegal aliens. 

Sec. 210. Publicity campaign about new criminal penalties. 

Sec. 211. Statute of limitations for terrorism offenses. 

Sec. 212. Crimes committed in Indian country or exclusive Federal jurisdiction 

as racketeering predicates. 

Sec. 213. Predicate crimes for authorization of interception of wire, oral, and 

electronic communications. 


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Sec. 214. Clarification of Hobbs Act. 

TITLE III—INCREASED FEDERAL RESOURCES TO DETER AND 

PREVENT AT-RISK YOUTH FROM JOINING ILLEGAL STREET 

GANGS AND FOR OTHER PURPOSES 

Sec. 301. Designation of and assistance for high intensity interstate gang activity areas. 

Sec. 302. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs. 

Sec. 303. Additional resources needed by the Federal Bureau of Investigation 

to investigate and prosecute violent criminal street gangs. 

Sec. 304. Grants to prosecutors and law enforcement to combat violent crime. 

Sec. 305. Short-Term State Witness Protection Section. 

Sec. 306. Witness protection services. 

Sec. 307. Expansion of Federal witness relocation and protection program. 

Sec. 308. Family abduction prevention grant program. 

1 SEC. 3. FINDINGS. 

2 Congress finds that— 

3 (1) violent crime and drug trafficking are per4 vasive problems at the national, State, and local 

5 level; 

6 (2) according to recent Federal Bureau of In7 vestigation, Uniform Crime Reports, violent crime in 

8 the United States is on the rise, with a 2.5 percent 

9 increase in violent crime in 2005 (the largest in10 crease in the United States in 15 years) and an even 

11 larger 3.7 percent jump during the first 6 months 

12 of 2006; 

13 (3) these disturbing rises in violent crime are 

14 attributable in part to the spread of criminal street 

15 gangs and the willingness of gang members to com16 mit acts of violence and drug trafficking offenses; 


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1 (4) according to a recent National Drug Threat 

2 Assessment, criminal street gangs are responsible for 

3 much of the retail distribution of the cocaine, meth4 amphetamine, heroin, and other illegal drugs being 

5 distributed in rural and urban communities through6 out the United States; 

7 (5) gangs commit acts of violence or drug of8 fenses for numerous motives, such as membership in 

9 or loyalty to the gang, for protecting gang territory, 

10 and for profit; 

11 (6) gang presence and intimidation, and the or12 ganized and repetitive nature of the crimes that 

13 gangs commit, has a pernicious effect on the free 

14 flow of interstate commercial activities and directly 

15 affects the freedom and security of communities 

16 plagued by gang activity, diminishing the value of 

17 property, inhibiting the desire of national and multi18 national corporations to transact business in those 

19 communities, and in a variety of ways significantly 

20 affecting interstate and foreign commerce; 

21 (7) gangs often recruit and utilize minors to en22 gage in acts of violence and other serious offenses 

23 out of a belief that the criminal justice systems are 

24 more lenient on juvenile offenders; 


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1 (8) gangs often intimidate and threaten wit2 nesses to prevent successful prosecutions; 

3 (9) gang recruitment can be deterred through 

4 increased vigilance, strong criminal penalties, part5 nerships between Federal and State and local law 

6 enforcement, and proactive intervention efforts, par7 ticularly targeted at juveniles, prior to gang involve8 ment; 

9 (10) State and local prosecutors and law en10 forcement officers, in hearings before the Committee 

11 on the Judiciary of the Senate and elsewhere, have 

12 enlisted the help of Congress in the prevention, in13 vestigation, and prosecution of gang crimes and in 

14 the protection of witnesses and victims of gang 

15 crimes; and 

16 (11) because State and local prosecutors and 

17 law enforcement have the expertise, experience, and 

18 connection to the community that is needed to assist 

19 in combating gang violence, consultation and coordi20 nation between Federal, State, and local law enforce21 ment is critical to the successful prosecutions of 

22 criminal street gangs. 


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1 TITLE I—NEW FEDERAL CRIMI2 NAL LAWS NEEDED TO FIGHT 

3 NATIONAL GANGS 

4 SEC. 101. REVISION AND EXTENSION OF PENALTIES RE5 LATED TO CRIMINAL STREET GANG ACTIV6 ITY. 

7 (a) IN GENERAL.—Chapter 26 of title 18, United 

8 States Code, is amended to read as follows: 

9 ‘‘CHAPTER 26—CRIMINAL STREET GANGS 

‘‘Sec. 

‘‘521. Definitions. 

‘‘522. Criminal street gang prosecutions. 

‘‘523. Recruitment of persons to participate in a criminal street gang. 

‘‘524. Violent crimes in furtherance of criminal street gangs. 

‘‘525. Forfeiture. 

10 ‘‘§ 521. Definitions 

11 ‘‘In this chapter: 

12 ‘‘(1) CRIMINAL STREET GANG.—The term 

13 ‘criminal street gang’ means a formal or informal 

14 group or association of 5 or more individuals, who 

15 commit 3 or more gang crimes (not less than 1 of 

16 which is a serious violent felony), in 3 or more sepa17 rate criminal episodes (not less than 1 of which oc18 curs after the date of enactment of the Gang Abate19 ment and Prevention Act of 2007, and the last of 

20 which occurs not later than 5 years after the com21 mission of a prior gang crime (excluding any time of 

22 imprisonment for that individual)). 


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1 ‘‘(2) GANG CRIME.—The term ‘gang crime’ 

2 means a felony offense under Federal or State law 

3 punishable by imprisonment for more than 1 year, 

4 in any of the following categories: 

5 ‘‘(A) A crime that has as an element the 

6 use, attempted use, or threatened use of phys7 ical force against the person of another, or is 

8 burglary, arson, or extortion. 

9 ‘‘(B) A crime involving obstruction of jus10 tice, or tampering with or retaliating against a 

11 witness, victim, or informant. 

12 ‘‘(C) A crime involving the manufacturing, 

13 importing, distributing, possessing with intent 

14 to distribute, or otherwise trafficking in a con15 trolled substance or listed chemical (as those 

16 terms are defined in section 102 of the Con17 trolled Substances Act (21 U.S.C. 802)). 

18 ‘‘(D) Any conduct punishable under— 

19 ‘‘(i) section 844 (relating to explosive 

20 materials); 

21 ‘‘(ii) subsection (a)(1), (d), (g)(1) 

22 (where the underlying conviction is a vio23 lent felony or a serious drug offense (as 

24 those terms are defined in section 924(e)), 

25 (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), 


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1 (i), (j), (k), (n), (o), (p), (q), (u), or (x) of 

2 section 922 (relating to unlawful acts); 

3 ‘‘(iii) subsection (b), (c), (g), (h), (k), 

4 (l), (m), or (n) of section 924 (relating to 

5 penalties); 

6 ‘‘(iv) section 930 (relating to posses7 sion of firearms and dangerous weapons in 

8 Federal facilities); 

9 ‘‘(v) section 931 (relating to purchase, 

10 ownership, or possession of body armor by 

11 violent felons); 

12 ‘‘(vi) sections 1028 and 1029 (relating 

13 to fraud and related activity in connection 

14 with identification documents or access de15 vices); 

16 ‘‘(vii) section 1084 (relating to trans17 mission of wagering information); 

18 ‘‘(viii) section 1952 (relating to inter19 state and foreign travel or transportation 

20 in aid of racketeering enterprises); 

21 ‘‘(ix) section 1956 (relating to the 

22 laundering of monetary instruments); 

23 ‘‘(x) section 1957 (relating to engag24 ing in monetary transactions in property 


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1 derived from specified unlawful activity); 

2 or 

3 ‘‘(xi) sections 2312 through 2315 (re4 lating to interstate transportation of stolen 

5 motor vehicles or stolen property). 

6 ‘‘(E) Any conduct punishable under section 

7 274 (relating to bringing in and harboring cer8 tain aliens), section 277 (relating to aiding or 

9 assisting certain aliens to enter the United 

10 States), or section 278 (relating to importation 

11 of aliens for immoral purposes) of the Immigra12 tion and Nationality Act (8 U.S.C. 1324, 1327, 

13 and 1328). 

14 ‘‘(F) Any crime involving aggravated sex15 ual abuse, pimping or promoting prostitution, 

16 obscenity (including sections 1461 through 

17 1465), sexual exploitation of children (including 

18 sections 2251, 2251A, 2252 and 2260), peon19 age, slavery or trafficking in persons (including 

20 sections 1581 through 1592) and sections 2421 

21 through 2427 (relating to transport for illegal 

22 sexual activity). 

23 ‘‘(3) MINOR.—The term ‘minor’ means an indi24 vidual who is less than 18 years of age. 


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1 ‘‘(4) SERIOUS VIOLENT FELONY.—The term 

2 ‘serious violent felony’ has the meaning given that 

3 term in section 3559. 

4 ‘‘(5) STATE.—The term ‘State’ means each of 

5 the several States of the United States, the District 

6 of Columbia, and any commonwealth, territory, or 

7 possession of the United States. 

8 ‘‘§ 522. Criminal street gang prosecutions 

9 ‘‘(a) STREET GANG CRIME.—It shall be unlawful for 

10 any person to knowingly commit, or conspire, threaten, or 

11 attempt to commit, a gang crime for the purpose of fur12 thering the activities of a criminal street gang, or gaining 

13 entrance to or maintaining or increasing position in a 

14 criminal street gang, if the activities of that criminal street 

15 gang occur in or affect interstate or foreign commerce. 

16 ‘‘(b) PENALTY.—Any person who violates subsection 

17 (a) shall be fined under this title and— 

18 ‘‘(1) for murder, kidnapping, conduct that 

19 would violate section 2241 if the conduct occurred in 

20 the special maritime and territorial jurisdiction of 

21 the United States, or maiming, imprisonment for 

22 any term of years or for life; 

23 ‘‘(2) for any other serious violent felony, by im24 prisonment for not more than 30 years; 


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1 ‘‘(3) for any crime of violence that is not a seri2 ous violent felony, by imprisonment for not more 

3 than 20 years; and 

4 ‘‘(4) for any other offense, by imprisonment for 

5 not more than 10 years. 

6 ‘‘§ 523. Recruitment of persons to participate in a 

7 criminal street gang 

8 ‘‘(a) PROHIBITED ACTS.—It shall be unlawful to 

9 knowingly recruit, employ, solicit, induce, command, or 

10 cause another person to be or remain as a member of a 

11 criminal street gang, or attempt or conspire to do so, with 

12 the intent to cause that person to participate in an offense 

13 described in section 522, if the defendant travels in inter14 state or foreign commerce in the course of the offense, 

15 or if the activities of that criminal street gang are in or 

16 affect interstate or foreign commerce. 

17 ‘‘(b) PENALTIES.—Whoever violates subsection (a) 

18 shall— 

19 ‘‘(1) if the person recruited, employed, solicited, 

20 induced, commanded, or caused to participate or re21 main in a criminal street gang is a minor— 

22 ‘‘(A) be fined under this title, imprisoned 

23 not more than 20 years, or both; and 

24 ‘‘(B) at the discretion of the sentencing 

25 judge, be liable for any costs incurred by the 


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1 Federal Government, or by any State or local 

2 government, for housing, maintaining, and 

3 treating the minor until the person attains the 

4 age of 18 years; 

5 ‘‘(2) if the person who recruits, employs, solic6 its, induces, commands, or causes the participation 

7 or remaining in a criminal street gang is incarcer8 ated at the time the offense takes place, be fined 

9 under this title, imprisoned not more than 20 years, 

10 or both; and 

11 ‘‘(3) in any other case, be fined under this title, 

12 imprisoned not more than 10 years, or both. 

13 ‘‘(c) CONSECUTIVE NATURE OF PENALTIES.—Any 

14 term of imprisonment imposed under subsection (b)(2) 

15 shall be consecutive to any term imposed for any other 

16 offense. 

17 ‘‘§ 524. Violent crimes in furtherance of criminal 

18 street gangs 

19 ‘‘(a) IN GENERAL.—It shall be unlawful for any per20 son, for the purpose of gaining entrance to or maintaining 

21 or increasing position in, or in furtherance of, or in asso22 ciation with, a criminal street gang, or as consideration 

23 for anything of pecuniary value to or from a criminal 

24 street gang, to knowingly commit a crime of violence or 

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1 vidual, or attempt or conspire to do so, if the activities 

2 of the criminal state gang occur in or affect interstate or 

3 foreign commerce. 

4 ‘‘(b) PENALTY.—Any person who violates subsection 

5 (a) shall be punished by a fine under this title and— 

6 ‘‘(1) for murder, kidnapping, conduct that 

7 would violate section 2241 if the conduct occurred in 

8 the special maritime and territorial jurisdiction of 

9 the United States, or maiming, by imprisonment for 

10 any term of years or for life; 

11 ‘‘(2) for a serious violent felony other than one 

12 described in paragraph (1), by imprisonment for not 

13 more than 30 years; and 

14 ‘‘(3) in any other case, by imprisonment for not 

15 more than 20 years. 

16 ‘‘§ 525. Forfeiture 

17 ‘‘(a) CRIMINAL FORFEITURE.—A person who is con18 victed of a violation of this chapter shall forfeit to the 

19 United States— 

20 ‘‘(1) any property used, or intended to be used, 

21 in any manner or part, to commit, or to facilitate 

22 the commission of, the violation; and 

23 ‘‘(2) any property constituting, or derived from, 

24 any proceeds obtained, directly or indirectly, as a re25 sult of the violation. 


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1 ‘‘(b) PROCEDURES APPLICABLE.—Pursuant to sec2 tion 2461(c) of title 28, the provisions of section 413 of 

3 the Controlled Substances Act (21 U.S.C. 853), except 

4 subsections (a) and (d) of that section, shall apply to the 

5 criminal forfeiture of property under this section.’’. 

6 (b) AMENDMENT RELATING TO PRIORITY OF FOR7 FEITURE OVER ORDERS FOR RESTITUTION.—Section 

8 3663(c)(4) of title 18, United States Code, is amended 

9 by striking ‘‘chapter 46 or’’ and inserting ‘‘chapter 26, 

10 chapter 46, or’’. 

11 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

12 title 18, United States Code, is amended by inserting ‘‘, 

13 section 522 (relating to criminal street gang prosecutions), 

14 523 (relating to recruitment of persons to participate in 

15 a criminal street gang), and 524 (relating to violent crimes 

16 in furtherance of criminal street gangs)’’ before ‘‘, section 

17 541’’. 

18 TITLE II—VIOLENT CRIME RE19 FORMS TO REDUCE GANG VI20 OLENCE 

21 SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING AC22 TIVITY. 

23 Section 1959(a) of title 18, United States Code, is 

24 amended— 

25 (1) in the matter preceding paragraph (1)— 


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1 (A) by inserting ‘‘or in furtherance or in 

2 aid of an enterprise engaged in racketeering ac3 tivity,’’ before ‘‘murders,’’; and 

4 (B) by inserting ‘‘engages in conduct that 

5 would violate section 2241 if the conduct oc6 curred in the special maritime and territorial 

7 jurisdiction of the United States,’’ before 

8 ‘‘maims,’’; 

9 (2) in paragraph (1), by inserting ‘‘conduct 

10 that would violate section 2241 if the conduct oc11 curred in the special maritime and territorial juris12 diction of the United States, or maiming,’’ after 

13 ‘‘kidnapping,’’; 

14 (3) in paragraph (2), by striking ‘‘maiming’’ 

15 and inserting ‘‘assault resulting in serious bodily in16 jury’’; 

17 (4) in paragraph (3), by striking ‘‘or assault re18 sulting in serious bodily injury’’; 

19 (5) in paragraph (4)— 

20 (A) by striking ‘‘five years’’ and inserting 

21 ‘‘10 years’’; and 

22 (B) by adding ‘‘and’’ at the end; and 

23 (6) by striking paragraphs (5) and (6) and in24 serting the following: 


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1 ‘‘(5) for attempting or conspiring to commit 

2 any offense under this section, by the same penalties 

3 (other than the death penalty) as those prescribed 

4 for the offense, the commission of which was the ob5 ject of the attempt or conspiracy.’’. 

6 SEC. 202. MURDER AND OTHER VIOLENT CRIMES COM7 MITTED DURING AND IN RELATION TO A 

8 DRUG TRAFFICKING CRIME. 

9 (a) IN GENERAL.—Part D of the Controlled Sub10 stances Act (21 U.S.C. 841 et seq.) is amended by adding 

11 at the end the following: 

12 ‘‘SEC. 424. MURDER AND OTHER VIOLENT CRIMES COM13 MITTED DURING AND IN RELATION TO A 

14 DRUG TRAFFICKING CRIME. 

15 ‘‘(a) IN GENERAL.—Whoever, during and in relation 

16 to any drug trafficking crime, knowingly commits any fel17 ony crime of violence against any individual, for which im18 prisonment for a period longer than 1 year may be im19 posed, or threatens, attempts or conspires to do so, shall 

20 be punished by a fine under title 18, United States Code, 

21 and, in addition and consecutive to the punishment pro22 vided for the drug trafficking crime— 

23 ‘‘(1) for murder, kidnapping, conduct that 

24 would violate section 2241 if the conduct occurred in 

25 the special maritime and territorial jurisdiction of 


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1 the United States, or maiming, by imprisonment for 

2 any term of years or for life; 

3 ‘‘(2) for a serious violent felony (as defined in 

4 section 3559 of title 18, United States Code) other 

5 than one described in paragraph (1) by imprison6 ment for not more than 30 years; 

7 ‘‘(3) for a crime of violence that is not a serious 

8 violent felony, by imprisonment for not more than 

9 20 years; and 

10 ‘‘(4) in any other case by imprisonment for not 

11 more than 10 years. 

12 ‘‘(b) VENUE.—A prosecution for a violation of this 

13 section may be brought in— 

14 ‘‘(1) the judicial district in which the murder or 

15 other crime of violence occurred; or 

16 ‘‘(2) any judicial district in which the drug traf17 ficking crime may be prosecuted. 

18 ‘‘(c) DEFINITIONS.—In this section— 

19 ‘‘(1) the term ‘crime of violence’ has the mean20 ing given that term in section 16 of title 18, United 

21 States Code; and 

22 ‘‘(2) the term ‘drug trafficking crime’ has the 

23 meaning given that term in section 924(c)(2) of title 

24 18, United States Code.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 for the Controlled Substances Act is amended by inserting 

3 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.’’. 

4 SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION 

5 AGAINST RELEASE OF PERSONS CHARGED 

6 WITH FIREARMS OFFENSES. 

7 Section 3142(e) of title 18, United States Code, is 

8 amended in the matter following paragraph (3), by insert9 ing after ‘‘that the person committed’’ the following: ‘‘an 

10 offense under subsection (g)(1) (where the underlying con11 viction is a drug trafficking crime or crime of violence (as 

12 those terms are defined in section 924(c))), (g)(2), (g)(3), 

13 (g)(4), (g)(5), (g)(8), or (g)(9) of section 922,’’. 

14 SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

15 (a) IN GENERAL.—Chapter 213 of title 18, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 3299A. Violent crime offenses 

19 ‘‘No person shall be prosecuted, tried, or punished 

20 for any noncapital felony crime of violence, including any 

21 racketeering activity or gang crime which involves any 

22 crime of violence, unless the indictment is found or the 

23 information is instituted not later than 10 years after the 


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1 date on which the alleged violation occurred or the con2 tinuing offense was completed.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 213 of title 18, United States 

5 Code, is amended by adding at the end the following: 

‘‘3299A. Violent crime offenses.’’. 

6 SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FOR7 FEITURE BY WRONGDOING. 

8 The Committee on Rules, Practice, Procedure, and 

9 Evidence of the Judicial Conference of the United States 

10 shall study the necessity and desirability of amending sec11 tion 804(b) of the Federal Rules of Evidence to permit 

12 the introduction of statements against a party by a wit13 ness who has been made unavailable where it is reasonably 

14 foreseeable by that party that wrongdoing would make the 

15 declarant unavailable. 

16 SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FEL17 ONS. 

18 (a) IN GENERAL.—Section 924(e) of title 18, United 

19 States Code, is amended by striking paragraph (1) and 

20 inserting the following: 

21 ‘‘(1) In the case of a person who violates section 

22 922(g) of this title and has previously been convicted by 

23 any court referred to in section 922(g)(1) of a violent fel24 ony or a serious drug offense shall— 


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1 ‘‘(A) in the case of 1 such prior conviction, 

2 where a period of not more than 10 years has 

3 elapsed since the later of the date of conviction and 

4 the date of release of the person from imprisonment 

5 for that conviction, be imprisoned for not more than 

6 15 years, fined under this title, or both; 

7 ‘‘(B) in the case of 2 such prior convictions, 

8 committed on occasions different from one another, 

9 and where a period of not more than 10 years has 

10 elapsed since the later of the date of conviction and 

11 the date of release of the person from imprisonment 

12 for the most recent such conviction, be imprisoned 

13 for not more than 20 years, fined under this title, 

14 or both; and 

15 ‘‘(C) in the case of 3 such prior convictions, 

16 committed on occasions different from one another, 

17 and where a period of not more than 10 years has 

18 elapsed since the later of date of conviction and the 

19 date of release of the person from imprisonment for 

20 the most recent such conviction, be imprisoned for 

21 any term of years not less than 15 years or for life 

22 and fined under this title, and notwithstanding any 

23 other provision of law, the court shall not suspend 

24 the sentence of, or grant a probationary sentence to, 


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1 such person with respect to the conviction under sec2 tion 922(g).’’. 

3 (b) AMENDMENT TO SENTENCING GUIDELINES.— 

4 Pursuant to its authority under section 994(p) of title 28, 

5 United States Code, the United States Sentencing Com6 mission shall amend the Federal Sentencing Guidelines to 

7 provide for an appropriate increase in the offense level for 

8 violations of section 922(g) of title 18, United States 

9 Code, in accordance with section 924(e) of that title 18, 

10 as amended by subsection (a). 

11 SEC. 207. CONFORMING AMENDMENT. 

12 The matter preceding paragraph (1) in section 

13 922(d) of title 18, United States Code, is amended by in14 serting ‘‘, transfer,’’ after ‘‘sell’’. 

15 SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME. 

16 (a) CARJACKING.—Section 2119 of title 18, United 

17 States Code, is amended— 

18 (1) in the matter preceding paragraph (1)— 

19 (A) by striking ‘‘, with the intent to cause 

20 death or serious bodily harm’’; 

21 (B) by inserting ‘‘in the physical presence 

22 of, and causing a reasonable apprehension of 

23 fear in, another individual’’ after ‘‘by force and 

24 violence’’; and 


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1 (C) by inserting ‘‘or conspires’’ after ‘‘at2 tempts’’; 

3 (2) in paragraph (1), by striking ‘‘15 years’’ 

4 and inserting ‘‘20 years’’; and 

5 (3) in paragraph (2), by striking ‘‘or impris6 oned not more than 25 years, or both’’ and inserting 

7 ‘‘and imprisoned for any term of years or for life’’. 

8 (b) CLARIFICATION AND STRENGTHENING OF PROHI9 BITION ON ILLEGAL GUN TRANSFERS TO COMMIT DRUG

10 TRAFFICKING CRIME OR CRIME OF VIOLENCE.—Section 

11 924(h) of title 18, United States Code, is amended to read 

12 as follows: 

13 ‘‘(h) Whoever knowingly transfers a firearm that has 

14 moved in or that otherwise affects interstate or foreign 

15 commerce, knowing that the firearm will be used to com16 mit, or possessed in furtherance of, a crime of violence 

17 (as defined in subsection (c)(3)) or drug trafficking crime 

18 (as defined in subsection (c)(2)) shall be fined under this 

19 title and imprisoned not more than 20 years.’’. 

20 (c) AMENDMENT OF SPECIAL SENTENCING PROVI21 SION RELATING TO LIMITATIONS ON CRIMINAL ASSOCIA22 TION.—Section 3582(d) of title 18, United States Code, 

23 is amended— 


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1 (1) by inserting ‘‘chapter 26 of this title (crimi2 nal street gang prosecutions) or in’’ after ‘‘felony set 

3 forth in’’; and 

4 (2) by inserting ‘‘a criminal street gang or’’ be5 fore ‘‘an illegal enterprise’’. 

6 (d) CONSPIRACY PENALTY.—Section 371 of title 18, 

7 United States Code, is amended by striking ‘‘five years, 

8 or both.’’ and inserting ‘‘20 years (unless the maximum 

9 penalty for the crime that served as the object of the con10 spiracy has a maximum penalty of imprisonment of less 

11 than 20 years, in which case the maximum penalty under 

12 this section shall be the penalty for such crime), or both. 

13 This paragraph does not supersede any other penalty spe14 cifically set forth for a conspiracy offense.’’. 

15 SEC. 209. CRIMES OF VIOLENCE AND DRUG CRIMES COM16 MITTED BY ILLEGAL ALIENS. 

17 (a) OFFENSES.—Title 18 of the United States Code, 

18 is amended by inserting after chapter 51 the following new 

19 chapter: 

20 ‘‘CHAPTER 52—ILLEGAL ALIENS 

‘‘Sec. 

‘‘1131. Enhanced penalties for certain crimes committed by illegal aliens. 

21 ‘‘§ 1131. Enhanced penalties for certain crimes com22 mitted by illegal aliens 

23 ‘‘(a) IN GENERAL.—Whoever, being an alien who is 

24 present in the United States in violation of section 275 


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1 or 276 of the Immigration and Nationality Act (8 U.S.C. 

2 1325 and 1326), knowingly commits, conspires, or at3 tempts to commit a felony crime of violence for which im4 prisonment for a period of more than 1 year may be im5 posed, or a drug trafficking crime (as defined in section 

6 924(c)), shall be fined under this title, imprisoned not 

7 more than 20 years, or both. 

8 ‘‘(b) PREVIOUSLY ORDERED REMOVED.—If the de9 fendant in a prosecution under subsection (a) was pre10 viously ordered removed under the Immigration and Na11 tionality Act on the grounds of having committed a crime, 

12 the defendant shall be fined under this title, imprisoned 

13 not more than 30 years, or both. 

14 ‘‘(c) RUNNING OF SENTENCE.—A term of imprison15 ment imposed for an offense pursuant to this section may 

16 not run concurrently with any other sentence of imprison17 ment imposed for another offense.’’. 

18 (b) CLERICAL AMENDMENT.—The table of chapters 

19 at the beginning of part I of title 18, United States Code, 

20 is amended by inserting after the item relating to chapter 

21 51 the following new item: 

‘‘52. Illegal aliens ............................................................................... 1131’’. 

22 SEC. 210. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL 

23 PENALTIES. 

24 The Attorney General is authorized to conduct media 

25 campaigns in any area designated as a high intensity 


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1 interstate gang activity area under section 301 and any 

2 area with existing and emerging problems with gangs, as 

3 needed, to educate individuals in that area about the 

4 changes in criminal penalties made by this Act, and shall 

5 report to the Committee on the Judiciary of the Senate 

6 and the Committee on the Judiciary of the House of Rep7 resentatives the amount of expenditures and all other as8 pects of the media campaign. 

9 SEC. 211. STATUTE OF LIMITATIONS FOR TERRORISM OF10 FENSES. 

11 Section 3286(a) of title 18, United States Code, is 

12 amended— 

13 (1) in the subsection heading, by striking 

14 ‘‘EIGHT-YEAR’’ and inserting ‘‘TEN-YEAR’’; and 

15 (2) in the first sentence, by striking ‘‘8 years’’ 

16 and inserting ‘‘10 years’’. 

17 SEC. 212. CRIMES COMMITTED IN INDIAN COUNTRY OR EX18 CLUSIVE FEDERAL JURISDICTION AS RACK19 ETEERING PREDICATES. 

20 Section 1961(1)(A) of title 18, United States Code, 

21 is amended by inserting ‘‘, or would have been so charge22 able if the act or threat (other than gambling) had not 

23 been committed in Indian country (as defined in section 

24 1151) or in any other area of exclusive Federal jurisdic25 tion,’’ after ‘‘chargeable under State law’’. 


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1 SEC. 213. PREDICATE CRIMES FOR AUTHORIZATION OF 

2 INTERCEPTION OF WIRE, ORAL, AND ELEC3 TRONIC COMMUNICATIONS. 

4 Section 2516(1) of title 18, United States Code, is 

5 amended— 

6 (1) by striking ‘‘or’’ and the end of paragraph 

7 (r); 

8 (2) by redesignating paragraph (s) as para9 graph (u); and 

10 (3) by inserting after paragraph (r) the fol11 lowing: 

12 ‘‘(s) any violation of section 424 of the Con13 trolled Substances Act (relating to murder and other 

14 violent crimes in furtherance of a drug trafficking 

15 crime); 

16 ‘‘(t) any violation of section 522, 523, or 524 

17 (relating to criminal street gangs); or’’. 

18 SEC. 214. CLARIFICATION OF HOBBS ACT. 

19 Section 1951(b) of title 18, United States Code, is 

20 amended— 

21 (1) in paragraph (1), by inserting ‘‘including 

22 the unlawful impersonation of a law enforcement of23 ficer (as that term is defined in section 245(c) of 

24 this title),’’ after ‘‘by means of actual or threatened 

25 force,’’; and 


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1 (2) in paragraph (2), by inserting ‘‘including 

2 the unlawful impersonation of a law enforcement of3 ficer (as that term is defined in section 245(c) of 

4 this title),’’ after ‘‘by wrongful use of actual or 

5 threatened force,’’. 

6 TITLE III—INCREASED FEDERAL 

7 RESOURCES TO DETER AND 

8 PREVENT AT-RISK YOUTH 

9 FROM JOINING ILLEGAL 

10 STREET GANGS AND FOR 

11 OTHER PURPOSES 

12 SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH IN13 TENSITY INTERSTATE GANG ACTIVITY 

14 AREAS. 

15 (a) DEFINITIONS.—In this section: 

16 (1) GOVERNOR.—The term ‘‘Governor’’ means 

17 a Governor of a State, the Mayor of the District of 

18 Columbia, the tribal leader of an Indian tribe, or the 

19 chief executive of a Commonwealth, territory, or pos20 session of the United States. 

21 (2) HIGH INTENSITY INTERSTATE GANG ACTIV22 ITY AREA.—The term ‘‘high intensity interstate 

23 gang activity area’’ or ‘‘HIIGAA’’ means an area 

24 within a State or Indian country that is designated 


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1 as a high intensity interstate gang activity area 

2 under subsection (b)(1). 

3 (3) INDIAN COUNTRY.—The term ‘‘Indian coun4 try’’ has the meaning given the term in section 1151 

5 of title 18, United States Code. 

6 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

7 has the meaning given the term in section 4(e) of 

8 the Indian Self-Determination and Education Assist9 ance Act (25 U.S.C. 450b(e)). 

10 (5) STATE.—The term ‘‘State’’ means a State 

11 of the United States, the District of Columbia, and 

12 any commonwealth, territory, or possession of the 

13 United States. 

14 (6) TRIBAL LEADER.—The term ‘‘tribal leader’’ 

15 means the chief executive officer representing the 

16 governing body of an Indian tribe. 

17 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

18 AREAS.— 

19 (1) DESIGNATION.—The Attorney General, 

20 after consultation with the Governors of appropriate 

21 States, may designate as high intensity interstate 

22 gang activity areas, specific areas that are located 

23 within 1 or more States. 


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1 (2) ASSISTANCE.—In order to provide Federal 

2 assistance to high intensity interstate gang activity 

3 areas, the Attorney General shall— 

4 (A) establish local collaborative working 

5 groups, which shall include— 

6 (i) criminal street gang enforcement 

7 teams, consisting of Federal, State, tribal, 

8 and local law enforcement authorities, for 

9 the coordinated investigation, disruption, 

10 apprehension, and prosecution of criminal 

11 street gangs and offenders in each high in12 tensity interstate gang activity area; 

13 (ii) school, community, and faith lead14 ers in the area; and 

15 (iii) service providers in the commu16 nity, including those experienced at reach17 ing youth who have been involved in vio18 lence and violent gangs or groups, to pro19 vide at-risk youth with positive alternatives 

20 to gangs and other violent groups and to 

21 address the needs of those who leave gangs 

22 and other violent groups; 

23 (B) direct the reassignment or detailing 

24 from any Federal department or agency (sub25 ject to the approval of the head of that departVerDate Aug 31 2005 00:08 Jul 31, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6401 E:\BILLS\S456.RS S456

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1 ment or agency, in the case of a department or 

2 agency other than the Department of Justice) 

3 of personnel to each criminal street gang en4 forcement team; 

5 (C) provide all necessary funding for the 

6 operation of each local collaborative working 

7 group in each high intensity interstate gang ac8 tivity area; and 

9 (D) provide all necessary funding for na10 tional and regional meetings of local collabo11 rative working groups, criminal street gang en12 forcement teams, and all other related organiza13 tions, as needed, to ensure effective operation of 

14 such teams through the sharing of intelligence 

15 and best practices and for any other related 

16 purpose. 

17 (3) COMPOSITION OF CRIMINAL STREET GANG

18 ENFORCEMENT TEAM.—Each team established 

19 under paragraph (2)(A)(i) shall consist of agents 

20 and officers, where feasible, from— 

21 (A) the Federal Bureau of Investigation; 

22 (B) the Drug Enforcement Administration; 

23 (C) the Bureau of Alcohol, Tobacco, Fire24 arms, and Explosives; 

25 (D) the United States Marshals Service; 


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1 (E) the Department of Homeland Security; 

2 (F) the Department of Housing and Urban 

3 Development; 

4 (G) State, local, and, where appropriate, 

5 tribal law enforcement; 

6 (H) Federal, State, and local prosecutors; 

7 and 

8 (I) the Bureau of Indian Affairs, Office of 

9 Law Enforcement Services, where appropriate. 

10 (4) CRITERIA FOR DESIGNATION.—In consid11 ering an area for designation as a high intensity 

12 interstate gang activity area under this section, the 

13 Attorney General shall consider— 

14 (A) the current and predicted levels of 

15 gang crime activity in the area; 

16 (B) the extent to which violent crime in 

17 the area appears to be related to criminal street 

18 gang activity, such as drug trafficking, murder, 

19 robbery, assaults, carjacking, arson, kidnap20 ping, extortion, and other criminal activity; 

21 (C) the extent to which State, local, and, 

22 where appropriate, tribal law enforcement agen23 cies have committed resources to— 

24 (i) respond to the gang crime prob25 lem; and 


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1 (ii) participate in a gang enforcement 

2 team; 

3 (D) the extent to which a significant in4 crease in the allocation of Federal resources 

5 would enhance local response to the gang crime 

6 activities in the area; and 

7 (E) any other criteria that the Attorney 

8 General considers to be appropriate. 

9 (5) RELATION TO HIDTAS.—If the Attorney 

10 General establishes a high intensity interstate gang 

11 activity area that substantially overlaps geographi12 cally with any existing high intensity drug traf13 ficking area (in this section referred to as a 

14 ‘‘HIDTA’’), the Attorney General shall direct the 

15 local collaborative working group for that high inten16 sity interstate gang activity area to enter into an 

17 agreement with the Executive Board for that 

18 HIDTA, providing that— 

19 (A) the Executive Board of that HIDTA 

20 shall establish a separate high intensity inter21 state gang activity area law enforcement steer22 ing committee, and select (with a preference for 

23 Federal, State, and local law enforcement agen24 cies that are within the geographic area of that 

25 high intensity interstate gang activity area) the 


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1 members of that committee, subject to the con2 currence of the Attorney General; 

3 (B) the high intensity interstate gang ac4 tivity area law enforcement steering committee 

5 established under subparagraph (A) shall ad6 minister the funds provided under subsection 

7 (g)(1) for the Criminal Street Gang Enforce8 ment Team, after consulting with, and con9 sistent with the goals and strategies established 

10 by, that local collaborative working group; 

11 (C) the high intensity interstate gang ac12 tivity area law enforcement steering committee 

13 established under subparagraph (A) shall select, 

14 from Federal, State, and local law enforcement 

15 agencies within the geographic area of that high 

16 intensity interstate gang activity area, the 

17 members of the Criminal Street Gang Enforce18 ment Team; and 

19 (D) the Criminal Street Gang Enforcement 

20 Team of that high intensity interstate gang ac21 tivity area, and its law enforcement steering 

22 committee, may, with approval of the Executive 

23 Board of the HIDTA with which it overlaps, 

24 utilize the intelligence-sharing, administrative, 

25 and other resources of that HIDTA. 


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1 (c) REPORTING REQUIREMENTS.—Not later than 

2 February 1 of each year, the Attorney General shall pro3 vide a report to Congress which describes, for each des4 ignated high intensity interstate gang activity area— 

5 (1) the specific long-term and short-term goals 

6 and objectives; 

7 (2) the measurements used to evaluate the per8 formance of the high intensity interstate gang activ9 ity area in achieving the long-term and short-term 

10 goals; 

11 (3) the age, composition, and membership of 

12 gangs; 

13 (4) the number and nature of crimes committed 

14 by gangs; and 

15 (5) the definition of the term gang used to com16 pile this report. 

17 (d) NATIONAL GANG ACTIVITY DATABASE.— 

18 (1) IN GENERAL.—From amounts made avail19 able to carry out this section, the Attorney General 

20 shall establish a National Gang Activity Database to 

21 be housed at and administered by the Federal Bu22 reau of Investigation. 

23 (2) DESCRIPTION.—The database required by 

24 paragraph (1) shall— 


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1 (A) be designed to disseminate gang infor2 mation to law enforcement agencies throughout 

3 the country; 

4 (B) contain critical information on gangs, 

5 gang members, firearms, criminal activities, ve6 hicles, and other information useful for inves7 tigators in solving gang-related crimes; and 

8 (C) operate in a manner that enables law 

9 enforcement agencies to— 

10 (i) identify gang members involved in 

11 crimes; 

12 (ii) track the movement of gangs and 

13 members throughout the region; 

14 (iii) coordinate law enforcement re15 sponse to gang violence; 

16 (iv) enhance officer safety; 

17 (v) provide realistic, up to date figures 

18 and statistical data on gang crime and vio19 lence; 

20 (vi) forecast trends and respond ac21 cordingly; and 

22 (vii) more easily solve crimes and pre23 vent violence. 

24 (e) ADDITIONAL ASSISTANT UNITED STATES ATTOR25 NEYS.—The Attorney General is authorized to hire 94 adVerDate Aug 31 2005 00:08 Jul 31, 2007 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6401 E:\BILLS\S456.RS S456

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1 ditional Assistant United States attorneys to carry out the 

2 provisions of this section. Each attorney hired under this 

3 subsection shall be assigned to a high intensity interstate 

4 gang activity area. 

5 (f) NATIONAL GANG RESEARCH, EVALUATION, AND

6 POLICY INSTITUTE.— 

7 (1) IN GENERAL.—The Bureau of Justice As8 sistance of the Department of Justice, after con9 sulting with relevant with law enforcement officials, 

10 practitioners and researchers, shall establish a Na11 tional Gang Research, Evaluation, and Policy Insti12 tute (in this subsection referred to as the ‘‘Insti13 tute’’). 

14 (2) ACTIVITIES.—The Institute shall promote 

15 and facilitate the implementation of effective gang 

16 violence prevention models, including the Operation 

17 Ceasefire gang violence prevention strategy and 

18 other effective strategies to prevent gang violence. 

19 The Institute shall assist jurisdictions in designing 

20 and implementing effective local strategies, and shall 

21 provide technical assistance and conduct research in 

22 support of its mission. 

23 (3) NATIONAL CONFERENCE.—Not later than 

24 90 days after the date of its formation, the Institute 

25 shall design and conduct a national conference to 


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1 prevent gang violence, and to teach and promote 

2 gang violence prevention strategies. The conference 

3 shall be attended by appropriate representatives 

4 from criminal street enforcement teams, and local 

5 collaborative working groups, including community, 

6 religious, and social service organizations. 

7 (4) NATIONAL DEMONSTRATION SITES.—Not 

8 later than 120 days after the date of its formation, 

9 the Institute shall select appropriate HIIGAA areas 

10 to serve as primary national demonstration sites, 

11 based on the nature, concentration and distribution 

12 of various gang types, and the range of particular 

13 gang-related issues. The Institute shall thereafter es14 tablish such other, secondary sites, to be linked to 

15 and receive technical assistance through the primary 

16 sites, as it may deem appropriate. 

17 (5) DISSEMINATION OF INFORMATION.—Not 

18 later than 180 days after the date of its formation, 

19 the Institute shall develop and begin dissemination 

20 of information, including guides, research and as21 sessment models, case studies, evaluations, and best 

22 practices. The Institute shall also create a website, 

23 designed to support the implementation of successful 

24 gang violence prevention models, and disseminate 


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1 appropriate information to assist jurisdictions in re2 ducing gang violence. 

3 (6) SUPPORT.—The Institute shall obtain initial 

4 and continuing support from experienced researchers 

5 and practitioners, as it deems necessary, to assist in 

6 implementing its strategies nationally, regionally, 

7 and locally. 

8 (7) RESEARCH AGENDA.—The Institute shall 

9 establish and implement a core research agenda de10 signed to address areas of particular challenge, in11 cluding— 

12 (A) how best to apply Operation Ceasefire 

13 or other successful models to particularly large 

14 jurisdictions; 

15 (B) how to foster and maximize the con16 tinuing impact of community moral voices in 

17 this context; 

18 (C) how to ensure the long-term sustain19 ability of reduced violent crime levels once ini20 tial levels of enthusiasm may subside; and 

21 (D) how to apply existing intervention 

22 frameworks to emerging regional or national 

23 gang problems, such as the emergence of the 

24 gang known as MS–13. 


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1 (8) EVALUATION.—The National Institute of 

2 Justice shall evaluate, on a continuing basis, gang 

3 violence prevention strategies supported by the Insti4 tute, and shall report the results of these evaluations 

5 by no later than October 1 each year to the Com6 mittee on the Judiciary of the Senate and the Com7 mittee on the Judiciary of the House of Representa8 tives. 

9 (9) FUNDS.—The Attorney General shall use 

10 not less than 3 percent, and not more than 5 per11 cent, of the amounts made available under this sec12 tion to establish and operate the Institute. 

13 (g) USE OF FUNDS.—Of amounts made available to 

14 a local collaborative working group under this section for 

15 each fiscal year that are remaining after the costs of hir16 ing a full time coordinator for the local collaborative ef17 fort— 

18 (1) 50 percent shall be used for the operation 

19 of criminal street gang enforcement teams; and 

20 (2) 50 percent shall be used— 

21 (A) to provide at-risk youth with positive 

22 alternatives to gangs and other violent groups 

23 and to address the needs of those who leave 

24 gangs and other violent groups through— 


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1 (i) service providers in the community, 

2 including schools and school districts; and 

3 (ii) faith leaders and other individuals 

4 experienced at reaching youth who have 

5 been involved in violence and violent gangs 

6 or groups; 

7 (B) for the establishment and operation of 

8 the National Gang Research, Evaluation, and 

9 Policy Institute; and 

10 (C) to support and provide technical assist11 ance to research in criminal justice, social serv12 ices, and community gang violence prevention 

13 collaborations. 

14 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 $100,000,000 for each of fiscal years 2008 through 2012. 

17 Any funds made available under this subsection shall re18 main available until expended. 

19 SEC. 302. ENHANCEMENT OF PROJECT SAFE NEIGHBOR20 HOODS INITIATIVE TO IMPROVE ENFORCE21 MENT OF CRIMINAL LAWS AGAINST VIOLENT 

22 GANGS. 

23 (a) IN GENERAL.—While maintaining the focus of 

24 Project Safe Neighborhoods as a comprehensive, strategic 

25 approach to reducing gun violence in America, the AttorVerDate Aug 31 2005 00:08 Jul 31, 2007 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6401 E:\BILLS\S456.RS S456

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1 ney General is authorized to expand the Project Safe 

2 Neighborhoods program to require each United States at3 torney to— 

4 (1) identify, investigate, and prosecute signifi5 cant criminal street gangs operating within their dis6 trict; and 

7 (2) coordinate the identification, investigation, 

8 and prosecution of criminal street gangs among Fed9 eral, State, and local law enforcement agencies. 

10 (b) ADDITIONAL STAFF FOR PROJECT SAFE NEIGH11 BORHOODS.— 

12 (1) IN GENERAL.—The Attorney General may 

13 hire Assistant United States attorneys, non-attorney 

14 coordinators, or paralegals to carry out the provi15 sions of this section. 

16 (2) ENFORCEMENT.—The Attorney General 

17 may hire Bureau of Alcohol, Tobacco, Firearms, and 

18 Explosives agents for, and otherwise expend addi19 tional resources in support of, the Project Safe 

20 Neighborhoods/Firearms Violence Reduction pro21 gram. 

22 (3) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated 

24 $20,000,000 for each of fiscal years 2008 through 

25 2012 to carry out this section. Any funds made 


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1 available under this paragraph shall remain available 

2 until expended. 

3 SEC. 303. ADDITIONAL RESOURCES NEEDED BY THE FED4 ERAL BUREAU OF INVESTIGATION TO INVES5 TIGATE AND PROSECUTE VIOLENT CRIMINAL 

6 STREET GANGS. 

7 (a) RESPONSIBILITIES OF ATTORNEY GENERAL.— 

8 The Attorney General is authorized to require the Federal 

9 Bureau of Investigation to— 

10 (1) increase funding for the Safe Streets Pro11 gram; and 

12 (2) support criminal street gang enforcement 

13 teams. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) IN GENERAL.—In addition to amounts oth16 erwise authorized, there are authorized to be appro17 priated to the Attorney General $10,000,000 for 

18 each of fiscal years 2008 through 2012 to carry out 

19 the Safe Streets Program. 

20 (2) AVAILABILITY.—Any amounts appropriated 

21 under paragraph (1) shall remain available until ex22 pended. 


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1 SEC. 304. GRANTS TO PROSECUTORS AND LAW ENFORCE2 MENT TO COMBAT VIOLENT CRIME. 

3 (a) IN GENERAL.—Section 31702 of the Violent 

4 Crime Control and Law Enforcement Act of 1994 (42 

5 U.S.C. 13862) is amended— 

6 (1) in paragraph (3), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (4), by striking the period at 

9 the end and inserting a semicolon; and 

10 (3) by adding at the end the following: 

11 ‘‘(5) to hire additional prosecutors to— 

12 ‘‘(A) allow more cases to be prosecuted; 

13 and 

14 ‘‘(B) reduce backlogs; and 

15 ‘‘(6) to fund technology, equipment, and train16 ing for prosecutors and law enforcement in order to 

17 increase accurate identification of gang members 

18 and violent offenders, and to maintain databases 

19 with such information to facilitate coordination 

20 among law enforcement and prosecutors.’’. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 31707 of the Violent Crime Control and Law Enforcement 

23 Act of 1994 (42 U.S.C. 13867) is amended to read as 

24 follows: 


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1 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated 

3 $20,000,000 for each of the fiscal years 2008 through 

4 2012 to carry out this subtitle.’’. 

5 SEC. 305. SHORT-TERM STATE WITNESS PROTECTION SEC6 TION. 

7 (a) ESTABLISHMENT.— 

8 (1) IN GENERAL.—Chapter 37 of title 28, 

9 United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘§ 570. Short-Term State Witness Protection Section 

12 ‘‘(a) IN GENERAL.—There is established in the 

13 United States Marshals Service a Short-Term State Wit14 ness Protection Section which shall provide protection for 

15 witnesses in State and local trials involving homicide or 

16 other major violent crimes pursuant to cooperative agree17 ments with State and local criminal prosecutor’s offices 

18 and the United States attorney for the District of Colum19 bia. 

20 ‘‘(b) ELIGIBILITY.—The Short-Term State Witness 

21 Protection Section shall give priority in awarding grants 

22 and providing services to criminal prosecutor’s offices in 

23 States with an average of not less than 100 murders per 

24 year during the 5-year period immediately preceding an 

25 application for protection, as calculated using the latest 


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1 available crime statistics from the Federal Bureau of In2 vestigation.’’. 

3 (2) CHAPTER ANALYSIS.—The chapter analysis 

4 for chapter 37 of title 28, United States Code, is 

5 amended by striking the items relating to sections 

6 570 through 576 and inserting the following: 

‘‘570. Short-Term State Witness Protection Section.’’. 

7 (b) GRANT PROGRAM.— 

8 (1) DEFINITIONS.—In this subsection— 

9 (A) the term ‘‘eligible prosecutor’s office’’ 

10 means a State or local criminal prosecutor’s of11 fice or the United States attorney for the Dis12 trict of Columbia that is located in a State with 

13 an average of not less than 100 murders per 

14 year during the most recent 5-year period, as 

15 calculated using the latest available crime sta16 tistics from the Federal Bureau of Investiga17 tion; and 

18 (B) the term ‘‘serious violent felony’’ has 

19 the same meaning as in section 3559(c)(2) of 

20 title 18, United States Code. 

21 (2) GRANTS AUTHORIZED.— 

22 (A) IN GENERAL.—The Attorney General 

23 is authorized to make grants to eligible prosecu24 tor’s offices for the purpose of providing short 


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1 term protection to witnesses in trials involving 

2 homicide or serious violent felony. 

3 (B) ALLOCATION.—Each eligible prosecu4 tor’s office receiving a grant under this sub5 section may either— 

6 (i) use the grant to provide witness 

7 protection; or 

8 (ii) pursuant to a cooperative agree9 ment with the Short-Term State Witness 

10 Protection Section of the United States 

11 Marshals Service, credit the grant to the 

12 Short-Term State Witness Protection Sec13 tion to cover the costs to the section of 

14 providing witness protection on behalf of 

15 the eligible prosecutor’s office. 

16 (3) APPLICATION.— 

17 (A) IN GENERAL.—Each eligible prosecu18 tor’s office desiring a grant under this sub19 section shall submit an application to the Attor20 ney General at such time, in such manner, and 

21 accompanied by such information as the Attor22 ney General may reasonably require. 

23 (B) CONTENTS.—Each application sub24 mitted under subparagraph (A) shall— 


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1 (i) describe the activities for which as2 sistance under this subsection is sought; 

3 and 

4 (ii) provide such additional assurances 

5 as the Attorney General determines to be 

6 essential to ensure compliance with the re7 quirements of this subsection. 

8 (4) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated to carry out 

10 this subsection $90,000,000 for each of fiscal years 

11 2008 through 2010. 

12 SEC. 306. WITNESS PROTECTION SERVICES. 

13 Section 3526 of title 18, United States Code (Co14 operation of other Federal agencies and State govern15 ments; reimbursement of expenses) is amended by adding 

16 at the end the following: 

17 ‘‘(c) In any case in which a State government re18 quests the Attorney General to provide temporary protec19 tion under section 3521(e) of this title, the costs of pro20 viding temporary protection are not reimbursable if the 

21 investigation or prosecution in any way relates to crimes 

22 of violence committed by a gang, as defined under the laws 

23 of the relevant State seeking assistance under this title.’’. 


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1 SEC. 307. EXPANSION OF FEDERAL WITNESS RELOCATION 

2 AND PROTECTION PROGRAM. 

3 Section 3521(a)(1) of title 18 is amended by inserting 

4 ‘‘, criminal street gang, serious drug offense, homicide,’’ 

5 after ‘‘organized criminal activity’’. 

6 SEC. 308. FAMILY ABDUCTION PREVENTION GRANT PRO7 GRAM. 

8 (a) STATE GRANTS.—The Attorney General is au9 thorized to make grants to States for projects involving— 

10 (1) the extradition of individuals suspected of 

11 committing a family abduction; 

12 (2) the investigation by State and local law en13 forcement agencies of family abduction cases; 

14 (3) the training of State and local law enforce15 ment agencies in responding to family abductions 

16 and recovering abducted children, including the de17 velopment of written guidelines and technical assist18 ance; 

19 (4) outreach and media campaigns to educate 

20 parents on the dangers of family abductions; and 

21 (5) the flagging of school records. 

22 (b) MATCHING REQUIREMENT.—Not less than 50 

23 percent of the cost of a project for which a grant is made 

24 under this section shall be provided by non-Federal 

25 sources. 

26 (c) DEFINITIONS.—In this section: 


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1 (1) FAMILY ABDUCTION.—-The term ‘‘family 

2 abduction’’ means the taking, keeping, or concealing 

3 of a child or children by a parent, other family mem4 ber, or person acting on behalf of the parent or fam5 ily member, that prevents another individual from 

6 exercising lawful custody or visitation rights. 

7 (2) FLAGGING.—The term ‘‘flagging’’ means 

8 the process of notifying law enforcement authorities 

9 of the name and address of any person requesting 

10 the school records of an abducted child. 

11 (3) STATE.—The term ‘‘State’’ means each of 

12 the several States, the District of Columbia, the 

13 Commonwealth of Puerto Rico, the Commonwealth 

14 of the Northern Mariana Islands, American Samoa, 

15 Guam, the Virgin Islands, any territory or posses16 sion of the United States, and any Indian tribe. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

19 $500,000 for fiscal year 2008 and such sums as may be 

20 necessary for each of fiscal years 2009 and 2010. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Gang Abatement and 

23 Prevention Act of 2007’’. 

24 SEC. 2. TABLE OF CONTENTS. 

25 The table of contents of this Act is as follows: 

Sec. 1. Short title. 


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Sec. 2. Table of contents. 

Sec. 3. Findings. 

TITLE I—NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL, INTERNATIONAL, REGIONAL, AND LOCAL GANGS 

THAT AFFECT INTERSTATE AND FOREIGN COMMERCE 

Sec. 101. Revision and extension of penalties related to criminal street gang activity. 

TITLE II—VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE 

Sec. 201. Violent crimes in aid of racketeering activity. 

Sec. 202. Murder and other violent crimes committed during and in relation to 

a drug trafficking crime. 

Sec. 203. Expansion of rebuttable presumption against release of persons charged 

with firearms offenses. 

Sec. 204. Statute of limitations for violent crime. 

Sec. 205. Study of hearsay exception for forfeiture by wrongdoing. 

Sec. 206. Possession of firearms by dangerous felons. 

Sec. 207. Conforming amendment. 

Sec. 208. Amendments relating to violent crime. 

Sec. 209. Publicity campaign about new criminal penalties. 

Sec. 210. Statute of limitations for terrorism offenses. 

Sec. 211. Crimes committed in Indian country or exclusive Federal jurisdiction 

as racketeering predicates. 

Sec. 212. Predicate crimes for authorization of interception of wire, oral, and 

electronic communications. 

Sec. 213. Clarification of Hobbs Act. 

Sec. 214. Interstate tampering with or retaliation against a witness, victim, or 

informant in a State criminal proceeding. 

Sec. 215. Prohibition on firearms possession based on valid gang injunction and 

conviction for gang-related misdemeanor. 

Sec. 216. Amendment of sentencing guidelines. 

TITLE III—INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY AT-RISK YOUTH FROM JOINING ILLEGAL 

STREET GANGS AND FOR OTHER PURPOSES 

Sec. 301. Designation of and assistance for high intensity gang activity areas. 

Sec. 302. Gang prevention grants. 

Sec. 303. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs. 

Sec. 304. Additional resources needed by the Federal Bureau of Investigation to 

investigate and prosecute violent criminal street gangs. 

Sec. 305. Grants to prosecutors and law enforcement to combat violent crime. 

Sec. 306. Expansion and reauthorization of the mentoring initiative for system 

involved youth. 

Sec. 307. Demonstration grants to encourage creative approaches to gang activity 

and after-school programs. 

Sec. 308. Short-Term State Witness Protection Section. 

Sec. 309. Witness protection services. 

Sec. 310. Expansion of Federal witness relocation and protection program. 

Sec. 311. Family abduction prevention grant program. 

Sec. 312. Study on adolescent development and sentences in the Federal system. 

Sec. 313. National youth anti-heroin media campaign. 


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Sec. 314. Training at the national advocacy center. 

TITLE IV—CRIME PREVENTION AND INTERVENTION STRATEGIES 

Sec. 401. Short title. 

Sec. 402. Purposes. 

Sec. 403. Definitions. 

Sec. 404. National Commission on Public Safety Through Crime Prevention. 

Sec. 405. Innovative crime prevention and intervention strategy grants. 

1 SEC. 3. FINDINGS. 

2 Congress finds that— 

3 (1) violent crime and drug trafficking are perva4 sive problems at the national, State, and local level; 

5 (2) according to recent Federal Bureau of Inves6 tigation, Uniform Crime Reports, violent crime in the 

7 United States is on the rise, with a 2.3 percent in8 crease in violent crime in 2005 (the largest increase 

9 in the United States in 15 years) and an even larger 

10 3.7 percent jump during the first 6 months of 2006, 

11 and the Police Executive Research Forum reports 

12 that, among jurisdictions providing information, 

13 homicides are up 10.21 percent, robberies are up 

14 12.27 percent, and aggravated assaults with firearms 

15 are up 9.98 percent since 2004; 

16 (3) these disturbing rises in violent crime are at17 tributable in part to the spread of criminal street 

18 gangs and the willingness of gang members to commit 

19 acts of violence and drug trafficking offenses; 

20 (4) according to a recent National Drug Threat 

21 Assessment, criminal street gangs are responsible for 


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1 much of the retail distribution of the cocaine, meth2 amphetamine, heroin, and other illegal drugs being 

3 distributed in rural and urban communities through4 out the United States; 

5 (5) gangs commit acts of violence or drug of6 fenses for numerous motives, such as membership in 

7 or loyalty to the gang, for protecting gang territory, 

8 and for profit; 

9 (6) gang presence and intimidation, and the or10 ganized and repetitive nature of the crimes that gangs 

11 and gang members commit, has a pernicious effect on 

12 the free flow of interstate commercial activities and 

13 directly affects the freedom and security of commu14 nities plagued by gang activity, diminishing the 

15 value of property, inhibiting the desire of national 

16 and multinational corporations to transact business 

17 in those communities, and in a variety of ways di18 rectly and substantially affecting interstate and for19 eign commerce; 

20 (7) gangs often recruit and utilize minors to en21 gage in acts of violence and other serious offenses out 

22 of a belief that the criminal justice systems are more 

23 lenient on juvenile offenders; 

24 (8) gangs often intimidate and threaten wit25 nesses to prevent successful prosecutions; 


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1 (9) gangs prey upon and incorporate minors 

2 into their ranks, exploiting the fact that adolescents 

3 have immature decision-making capacity, therefore, 

4 gang activity and recruitment can be reduced and de5 terred through increased vigilance, appropriate crimi6 nal penalties, partnerships between Federal and State 

7 and local law enforcement, and proactive prevention 

8 and intervention efforts, particularly targeted at juve9 niles and young adults, prior to and even during 

10 gang involvement; 

11 (10) State and local prosecutors and law enforce12 ment officers, in hearings before the Committee on the 

13 Judiciary of the Senate and elsewhere, have enlisted 

14 the help of Congress in the prevention, investigation, 

15 and prosecution of gang crimes and in the protection 

16 of witnesses and victims of gang crimes; and 

17 (11) because State and local prosecutors and law 

18 enforcement have the expertise, experience, and con19 nection to the community that is needed to assist in 

20 combating gang violence, consultation and coordina21 tion between Federal, State, and local law enforce22 ment and collaboration with other community agen23 cies is critical to the successful prosecutions of crimi24 nal street gangs and reduction of gang problems. 


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1 TITLE I—NEW FEDERAL CRIMI2 NAL LAWS NEEDED TO FIGHT 

3 VIOLENT NATIONAL, INTER4 NATIONAL, REGIONAL, AND 

5 LOCAL GANGS THAT AFFECT 

6 INTERSTATE AND FOREIGN 

7 COMMERCE 

8 SEC. 101. REVISION AND EXTENSION OF PENALTIES RE9 LATED TO CRIMINAL STREET GANG ACTIVITY. 

10 (a) IN GENERAL.—Chapter 26 of title 18, United 

11 States Code, is amended to read as follows: 

12 ‘‘CHAPTER 26—CRIMINAL STREET GANGS 

‘‘Sec. 

‘‘521. Definitions. 

‘‘522. Criminal street gang prosecutions. 

‘‘523. Recruitment of persons to participate in a criminal street gang. 

‘‘524. Violent crimes in furtherance of criminal street gangs. 

‘‘525. Forfeiture. 

13 ‘‘§ 521. Definitions 

14 ‘‘In this chapter: 

15 ‘‘(1) CRIMINAL STREET GANG.—The term ‘crimi16 nal street gang’ means a formal or informal group, 

17 organization, or association of 5 or more individ18 uals— 

19 ‘‘(A) each of whom has committed at least 

20 1 gang crime; and 

21 ‘‘(B) who collectively commit 3 or more 

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1 ous violent felony), in separate criminal episodes 

2 (not less than 1 of which occurs after the date of 

3 enactment of the Gang Abatement and Preven4 tion Act of 2007, and the last of which occurs not 

5 later than 5 years after the commission of a 

6 prior gang crime (excluding any time of impris7 onment for that individual)). 

8 ‘‘(2) GANG CRIME.—The term ‘gang crime’ 

9 means an offense under Federal law punishable by 

10 imprisonment for more than 1 year, or a felony of11 fense under State law that is punishable by a term 

12 of imprisonment of 5 years or more in any of the fol13 lowing categories: 

14 ‘‘(A) A crime that has as an element the 

15 use, attempted use, or threatened use of physical 

16 force against the person of another, or is bur17 glary, arson, kidnapping, or extortion. 

18 ‘‘(B) A crime involving obstruction of jus19 tice, or tampering with or retaliating against a 

20 witness, victim, or informant. 

21 ‘‘(C) A crime involving the manufacturing, 

22 importing, distributing, possessing with intent to 

23 distribute, or otherwise trafficking in a con24 trolled substance or listed chemical (as those 


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1 terms are defined in section 102 of the Controlled 

2 Substances Act (21 U.S.C. 802)). 

3 ‘‘(D) Any conduct punishable under— 

4 ‘‘(i) section 844 (relating to explosive 

5 materials); 

6 ‘‘(ii) subsection (a)(1), (d), (g)(1) 

7 (where the underlying conviction is a vio8 lent felony or a serious drug offense (as 

9 those terms are defined in section 924(e)), 

10 (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), 

11 (g)(10), (g)(11), (i), (j), (k), (n), (o), (p), 

12 (q), (u), or (x) of section 922 (relating to 

13 unlawful acts); 

14 ‘‘(iii) subsection (b), (c), (g), (h), (k), 

15 (l), (m), or (n) of section 924 (relating to 

16 penalties); 

17 ‘‘(iv) section 930 (relating to possession 

18 of firearms and dangerous weapons in Fed19 eral facilities); 

20 ‘‘(v) section 931 (relating to purchase, 

21 ownership, or possession of body armor by 

22 violent felons); 

23 ‘‘(vi) sections 1028 and 1029 (relating 

24 to fraud, identity theft, and related activity 


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1 in connection with identification documents 

2 or access devices); 

3 ‘‘(vii) section 1084 (relating to trans4 mission of wagering information); 

5 ‘‘(viii) section 1952 (relating to inter6 state and foreign travel or transportation in 

7 aid of racketeering enterprises); 

8 ‘‘(ix) section 1956 (relating to the 

9 laundering of monetary instruments); 

10 ‘‘(x) section 1957 (relating to engaging 

11 in monetary transactions in property de12 rived from specified unlawful activity); or 

13 ‘‘(xi) sections 2312 through 2315 (re14 lating to interstate transportation of stolen 

15 motor vehicles or stolen property). 

16 ‘‘(E) Any conduct punishable under section 

17 274 (relating to bringing in and harboring cer18 tain aliens), section 277 (relating to aiding or 

19 assisting certain aliens to enter the United 

20 States), or section 278 (relating to importation 

21 of aliens for immoral purposes) of the Immigra22 tion and Nationality Act (8 U.S.C. 1324, 1327, 

23 and 1328). 

24 ‘‘(F) Any crime involving aggravated sexual 

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1 volving prostitution, sexual exploitation of chil2 dren (including sections 2251, 2251A, 2252 and 

3 2260), peonage, slavery, or trafficking in persons 

4 (including sections 1581 through 1592) and sec5 tions 2421 through 2427 (relating to transport 

6 for illegal sexual activity). 

7 ‘‘(3) MINOR.—The term ‘minor’ means an indi8 vidual who is less than 18 years of age. 

9 ‘‘(4) SERIOUS VIOLENT FELONY.—The term ‘seri10 ous violent felony’ has the meaning given that term 

11 in section 3559. 

12 ‘‘(5) STATE.—The term ‘State’ means each of the 

13 several States of the United States, the District of Co14 lumbia, and any commonwealth, territory, or posses15 sion of the United States. 

16 ‘‘§ 522. Criminal street gang prosecutions 

17 ‘‘(a) STREET GANG CRIME.—It shall be unlawful for 

18 any person to knowingly commit, or conspire, threaten, or 

19 attempt to commit, a gang crime for the purpose of fur20 thering the activities of a criminal street gang, or gaining 

21 entrance to or maintaining or increasing position in a 

22 criminal street gang, if the activities of that criminal street 

23 gang occur in or affect interstate or foreign commerce. 

24 ‘‘(b) PENALTY.—Any person who violates subsection 

25 (a) shall be fined under this title and— 


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1 ‘‘(1) for murder, kidnapping, conduct that would 

2 violate section 2241 if the conduct occurred in the 

3 special maritime and territorial jurisdiction of the 

4 United States, or maiming, imprisonment for any 

5 term of years or for life; 

6 ‘‘(2) for any other serious violent felony, by im7 prisonment for not more than 30 years; 

8 ‘‘(3) for any crime of violence that is not a seri9 ous violent felony, by imprisonment for not more than 

10 20 years; and 

11 ‘‘(4) for any other offense, by imprisonment for 

12 not more than 10 years. 

13 ‘‘§ 523. Recruitment of persons to participate in a 

14 criminal street gang 

15 ‘‘(a) PROHIBITED ACTS.—It shall be unlawful to 

16 knowingly recruit, employ, solicit, induce, command, co17 erce, or cause another person to be or remain as a member 

18 of a criminal street gang, or attempt or conspire to do so, 

19 with the intent to cause that person to participate in a gang 

20 crime, if the defendant travels in interstate or foreign com21 merce in the course of the offense, or if the activities of that 

22 criminal street gang are in or affect interstate or foreign 

23 commerce. 

24 ‘‘(b) PENALTIES.—Whoever violates subsection (a) 

25 shall— 


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1 ‘‘(1) if the person recruited, employed, solicited, 

2 induced, commanded, coerced, or caused to partici3 pate or remain in a criminal street gang is a 

4 minor— 

5 ‘‘(A) be fined under this title, imprisoned 

6 not more than 10 years, or both; and 

7 ‘‘(B) at the discretion of the sentencing 

8 judge, be liable for any costs incurred by the 

9 Federal Government, or by any State or local 

10 government, for housing, maintaining, and treat11 ing the minor until the person attains the age of 

12 18 years; 

13 ‘‘(2) if the person who recruits, employs, solicits, 

14 induces, commands, coerces, or causes the participa15 tion or remaining in a criminal street gang is incar16 cerated at the time the offense takes place, be fined 

17 under this title, imprisoned not more than 10 years, 

18 or both; and 

19 ‘‘(3) in any other case, be fined under this title, 

20 imprisoned not more than 5 years, or both. 

21 ‘‘(c) CONSECUTIVE NATURE OF PENALTIES.—Any 

22 term of imprisonment imposed under subsection (b)(2) shall 

23 be consecutive to any term imposed for any other offense. 


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1 ‘‘§ 524. Violent crimes in furtherance of criminal 

2 street gangs 

3 ‘‘(a) IN GENERAL.—It shall be unlawful for any per4 son, for the purpose of gaining entrance to or maintaining 

5 or increasing position in, or in furtherance of, or in asso6 ciation with, a criminal street gang, or as consideration 

7 for anything of pecuniary value to or from a criminal street 

8 gang, to knowingly commit or threaten to commit against 

9 any individual a crime of violence that is an offense under 

10 Federal law punishable by imprisonment for more than 1 

11 year or a felony offense under State law that is punishable 

12 by a term of imprisonment of 5 years or more, or attempt 

13 or conspire to do so, if the activities of the criminal street 

14 gang occur in or affect interstate or foreign commerce. 

15 ‘‘(b) PENALTY.—Any person who violates subsection 

16 (a) shall be punished by a fine under this title and— 

17 ‘‘(1) for murder, kidnapping, conduct that would 

18 violate section 2241 if the conduct occurred in the 

19 special maritime and territorial jurisdiction of the 

20 United States, or maiming, by imprisonment for any 

21 term of years or for life; 

22 ‘‘(2) for a serious violent felony other than one 

23 described in paragraph (1), by imprisonment for not 

24 more than 30 years; and 

25 ‘‘(3) in any other case, by imprisonment for not 

26 more than 20 years. 


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1 ‘‘§ 525. Forfeiture 

2 ‘‘(a) CRIMINAL FORFEITURE.—A person who is con3 victed of a violation of this chapter shall forfeit to the 

4 United States— 

5 ‘‘(1) any property used, or intended to be used, 

6 in any manner or part, to commit, or to facilitate the 

7 commission of, the violation; and 

8 ‘‘(2) any property constituting, or derived from, 

9 any proceeds obtained, directly or indirectly, as a re10 sult of the violation. 

11 ‘‘(b) PROCEDURES APPLICABLE.—Pursuant to section 

12 2461(c) of title 28, the provisions of section 413 of the Con13 trolled Substances Act (21 U.S.C. 853), except subsections 

14 (a) and (d) of that section, shall apply to the criminal for15 feiture of property under this section.’’. 

16 (b) AMENDMENT RELATING TO PRIORITY OF FOR17 FEITURE OVER ORDERS FOR RESTITUTION.—Section 

18 3663(c)(4) of title 18, United States Code, is amended by 

19 striking ‘‘chapter 46 or’’ and inserting ‘‘chapter 26, chapter 

20 46, or’’. 

21 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

22 title 18, United States Code, is amended by inserting ‘‘, 

23 section 522 (relating to criminal street gang prosecutions), 

24 523 (relating to recruitment of persons to participate in 

25 a criminal street gang), and 524 (relating to violent crimes 


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1 in furtherance of criminal street gangs)’’ before ‘‘, section 

2 541’’. 

3 (d) AMENDMENT OF SPECIAL SENTENCING PROVISION

4 PROHIBITING PRISONER COMMUNICATIONS.—Section 

5 3582(d) of title 18, United States Code, is amended— 

6 (1) by inserting ‘‘chapter 26 (criminal street 

7 gangs),’’ before ‘‘chapter 95’’; and 

8 (2) by inserting ‘‘a criminal street gang or’’ be9 fore ‘‘an illegal enterprise’’. 

10 TITLE II—VIOLENT CRIME RE11 FORMS TO REDUCE GANG VIO12 LENCE 

13 SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING AC14 TIVITY. 

15 Section 1959(a) of title 18, United States Code, is 

16 amended— 

17 (1) in the matter preceding paragraph (1)— 

18 (A) by inserting ‘‘or in furtherance or in 

19 aid of an enterprise engaged in racketeering ac20 tivity,’’ before ‘‘murders,’’; and 

21 (B) by inserting ‘‘engages in conduct that 

22 would violate section 2241 if the conduct oc23 curred in the special maritime and territorial 

24 jurisdiction of the United States,’’ before 

25 ‘‘maims,’’; 


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1 (2) in paragraph (1), by inserting ‘‘conduct that 

2 would violate section 2241 if the conduct occurred in 

3 the special maritime and territorial jurisdiction of 

4 the United States, or maiming,’’ after ‘‘kidnapping,’’; 

5 (3) in paragraph (2), by striking ‘‘maiming’’ 

6 and inserting ‘‘assault resulting in serious bodily in7 jury’’; 

8 (4) in paragraph (3), by striking ‘‘or assault re9 sulting in serious bodily injury’’; 

10 (5) in paragraph (4)— 

11 (A) by striking ‘‘five years’’ and inserting 

12 ‘‘10 years’’; and 

13 (B) by adding ‘‘and’’ at the end; and 

14 (6) by striking paragraphs (5) and (6) and in15 serting the following: 

16 ‘‘(5) for attempting or conspiring to commit any 

17 offense under this section, by the same penalties (other 

18 than the death penalty) as those prescribed for the of19 fense, the commission of which was the object of the 

20 attempt or conspiracy.’’. 


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1 SEC. 202. MURDER AND OTHER VIOLENT CRIMES COM2 MITTED DURING AND IN RELATION TO A 

3 DRUG TRAFFICKING CRIME. 

4 (a) IN GENERAL.—Part D of the Controlled Substances 

5 Act (21 U.S.C. 841 et seq.) is amended by adding at the 

6 end the following: 

7 ‘‘SEC. 424. MURDER AND OTHER VIOLENT CRIMES COM8 MITTED DURING AND IN RELATION TO A 

9 DRUG TRAFFICKING CRIME. 

10 ‘‘(a) IN GENERAL.—Whoever, during and in relation 

11 to any drug trafficking crime, knowingly commits any 

12 crime of violence against any individual that is an offense 

13 under Federal law punishable by imprisonment for more 

14 than 1 year or a felony offense under State law that is pun15 ishable by a term of imprisonment of 5 years or more, or 

16 threatens, attempts or conspires to do so, shall be punished 

17 by a fine under title 18, United States Code, and— 

18 ‘‘(1) for murder, kidnapping, conduct that would 

19 violate section 2241 if the conduct occurred in the 

20 special maritime and territorial jurisdiction of the 

21 United States, or maiming, by imprisonment for any 

22 term of years or for life; 

23 ‘‘(2) for a serious violent felony (as defined in 

24 section 3559 of title 18, United States Code) other 

25 than one described in paragraph (1) by imprisonment 

26 for not more than 30 years; 


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1 ‘‘(3) for a crime of violence that is not a serious 

2 violent felony, by imprisonment for not more than 20 

3 years; and 

4 ‘‘(4) in any other case by imprisonment for not 

5 more than 10 years. 

6 ‘‘(b) VENUE.—A prosecution for a violation of this sec7 tion may be brought in— 

8 ‘‘(1) the judicial district in which the murder or 

9 other crime of violence occurred; or 

10 ‘‘(2) any judicial district in which the drug traf11 ficking crime may be prosecuted. 

12 ‘‘(c) DEFINITIONS.—In this section— 

13 ‘‘(1) the term ‘crime of violence’ has the meaning 

14 given that term in section 16 of title 18, United 

15 States Code; and 

16 ‘‘(2) the term ‘drug trafficking crime’ has the 

17 meaning given that term in section 924(c)(2) of title 

18 18, United States Code.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents for 

20 the Comprehensive Drug Abuse Prevention and Control Act 

21 of 1970 (Public Law 91–513; 84 Stat. 1236) is amended 

22 by inserting after the item relating to section 423, the fol23 lowing: 

‘‘Sec. 424. Murder and other violent crimes committed during and in relation to 

a drug trafficking crime.’’. 


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1 SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION 

2 AGAINST RELEASE OF PERSONS CHARGED 

3 WITH FIREARMS OFFENSES. 

4 Section 3142(e) of title 18, United States Code, is 

5 amended in the matter following paragraph (3), by insert6 ing after ‘‘that the person committed’’ the following: ‘‘an 

7 offense under subsection (g)(1) (where the underlying con8 viction is a drug trafficking crime or crime of violence (as 

9 those terms are defined in section 924(c))), (g)(2), (g)(3), 

10 (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), or (g)(11) of section 

11 922,’’. 

12 SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

13 (a) IN GENERAL.—Chapter 213 of title 18, United 

14 States Code, is amended by adding at the end the following: 

15 ‘‘§ 3299A. Violent crime offenses 

16 ‘‘No person shall be prosecuted, tried, or punished for 

17 any noncapital felony crime of violence, including any 

18 racketeering activity or gang crime which involves any 

19 crime of violence, unless the indictment is found or the in20 formation is instituted not later than 10 years after the 

21 date on which the alleged violation occurred or the con22 tinuing offense was completed.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections at 

24 the beginning of chapter 213 of title 18, United States Code, 

25 is amended by adding at the end the following: 

‘‘3299A. Violent crime offenses.’’. 


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1 SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE 

2 BY WRONGDOING. 

3 The Judicial Conference of the United States shall 

4 study the necessity and desirability of amending section 

5 804(b) of the Federal Rules of Evidence to permit the intro6 duction of statements against a party by a witness who has 

7 been made unavailable where it is reasonably foreseeable by 

8 that party that wrongdoing would make the declarant un9 available. 

10 SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FEL11 ONS. 

12 (a) IN GENERAL.—Section 924(e) of title 18, United 

13 States Code, is amended by striking paragraph (1) and in14 serting the following: 

15 ‘‘(1) In the case of a person who violates section 922(g) 

16 of this title and has previously been convicted by any court 

17 referred to in section 922(g)(1) of a violent felony or a seri18 ous drug offense shall— 

19 ‘‘(A) in the case of 1 such prior conviction, where 

20 a period of not more than 10 years has elapsed since 

21 the later of the date of conviction and the date of re22 lease of the person from imprisonment for that convic23 tion, be imprisoned for not more than 15 years, fined 

24 under this title, or both; 

25 ‘‘(B) in the case of 2 such prior convictions, com26 mitted on occasions different from one another, and 


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1 where a period of not more than 10 years has elapsed 

2 since the later of the date of conviction and the date 

3 of release of the person from imprisonment for the 

4 most recent such conviction, be imprisoned for not 

5 more than 20 years, fined under this title, or both; 

6 and 

7 ‘‘(C) in the case of 3 such prior convictions, com8 mitted on occasions different from one another, and 

9 where a period of not more than 10 years has elapsed 

10 since the later of date of conviction and the date of 

11 release of the person from imprisonment for the most 

12 recent such conviction, be imprisoned for any term of 

13 years not less than 15 years or for life and fined 

14 under this title, and notwithstanding any other provi15 sion of law, the court shall not suspend the sentence 

16 of, or grant a probationary sentence to, such person 

17 with respect to the conviction under section 922(g).’’. 

18 (b) AMENDMENT TO SENTENCING GUIDELINES.—Pur19 suant to its authority under section 994(p) of title 28, 

20 United States Code, the United States Sentencing Commis21 sion shall amend the Federal Sentencing Guidelines to pro22 vide for an appropriate increase in the offense level for vio23 lations of section 922(g) of title 18, United States Code, in 

24 accordance with section 924(e) of that title 18, as amended 

25 by subsection (a). 


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1 SEC. 207. CONFORMING AMENDMENT. 

2 The matter preceding paragraph (1) in section 922(d) 

3 of title 18, United States Code, is amended by inserting 

4 ‘‘, transfer,’’ after ‘‘sell’’. 

5 SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME. 

6 (a) CARJACKING.—Section 2119 of title 18, United 

7 States Code, is amended— 

8 (1) in the matter preceding paragraph (1), by 

9 striking ‘‘, with the intent’’ and all that follows 

10 through ‘‘to do so, shall’’ and inserting ‘‘knowingly 

11 takes a motor vehicle that has been transported, 

12 shipped, or received in interstate or foreign commerce 

13 from the person of another by force and violence or 

14 by intimidation, causing a reasonable apprehension 

15 of fear of death or serious bodily injury in an indi16 vidual, or attempts or conspires to do so, shall’’; 

17 (2) in paragraph (1), by striking ‘‘15 years’’ and 

18 inserting ‘‘20 years’’; 

19 (3) in paragraph (2), by striking ‘‘or imprisoned 

20 not more than 25 years, or both’’ and inserting ‘‘and 

21 imprisoned for any term of years or for life’’; and 

22 (4) in paragraph (3), by inserting ‘‘the person 

23 takes or attempts to take the motor vehicle in viola24 tion of this section with intent to cause death or cause 

25 serious bodily injury, and’’ before ‘‘death results’’. 


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1 (b) CLARIFICATION AND STRENGTHENING OF PROHIBI2 TION ON ILLEGAL GUN TRANSFERS TO COMMIT DRUG

3 TRAFFICKING CRIME OR CRIME OF VIOLENCE.—Section 

4 924(h) of title 18, United States Code, is amended to read 

5 as follows: 

6 ‘‘(h) Whoever knowingly transfers a firearm that has 

7 moved in or that otherwise affects interstate or foreign com8 merce, knowing that the firearm will be used to commit, 

9 or possessed in furtherance of, a crime of violence (as de10 fined in subsection (c)(3)) or drug trafficking crime (as de11 fined in subsection (c)(2)) shall be fined under this title and 

12 imprisoned not more than 20 years.’’. 

13 (c) AMENDMENT OF SPECIAL SENTENCING PROVISION

14 RELATING TO LIMITATIONS ON CRIMINAL ASSOCIATION.— 

15 Section 3582(d) of title 18, United States Code, is amend16 ed— 

17 (1) by inserting ‘‘chapter 26 of this title (crimi18 nal street gang prosecutions) or in’’ after ‘‘felony set 

19 forth in’’; and 

20 (2) by inserting ‘‘a criminal street gang or’’ be21 fore ‘‘an illegal enterprise’’. 

22 (d) CONSPIRACY PENALTY.—Section 371 of title 18, 

23 United States Code, is amended by striking ‘‘five years, or 

24 both.’’ and inserting ‘‘10 years (unless the maximum pen25 alty for the crime that served as the object of the conspiracy 


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1 has a maximum penalty of imprisonment of less than 10 

2 years, in which case the maximum penalty under this sec3 tion shall be the penalty for such crime), or both. This para4 graph does not supersede any other penalty specifically set 

5 forth for a conspiracy offense.’’. 

6 SEC. 209. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL 

7 PENALTIES. 

8 The Attorney General is authorized to conduct media 

9 campaigns in any area designated as a high intensity gang 

10 activity area under section 301 and any area with existing 

11 and emerging problems with gangs, as needed, to educate 

12 individuals in that area about the changes in criminal pen13 alties made by this Act, and shall report to the Committee 

14 on the Judiciary of the Senate and the Committee on the 

15 Judiciary of the House of Representatives the amount of 

16 expenditures and all other aspects of the media campaign. 

17 SEC. 210. STATUTE OF LIMITATIONS FOR TERRORISM OF18 FENSES. 

19 Section 3286(a) of title 18, United States Code, is 

20 amended— 

21 (1) in the subsection heading, by striking 

22 ‘‘EIGHT-YEAR’’ and inserting ‘‘TEN-YEAR’’; and 

23 (2) in the first sentence, by striking ‘‘8 years’’ 

24 and inserting ‘‘10 years’’. 


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1 SEC. 211. CRIMES COMMITTED IN INDIAN COUNTRY OR EX2 CLUSIVE FEDERAL JURISDICTION AS RACK3 ETEERING PREDICATES. 

4 Section 1961(1)(A) of title 18, United States Code, is 

5 amended by inserting ‘‘, or would have been so chargeable 

6 if the act or threat (other than gambling) had not been com7 mitted in Indian country (as defined in section 1151) or 

8 in any other area of exclusive Federal jurisdiction,’’ after 

9 ‘‘chargeable under State law’’. 

10 SEC. 212. PREDICATE CRIMES FOR AUTHORIZATION OF 

11 INTERCEPTION OF WIRE, ORAL, AND ELEC12 TRONIC COMMUNICATIONS. 

13 Section 2516(1) of title 18, United States Code, is 

14 amended— 

15 (1) by striking ‘‘or’’ and the end of paragraph 

16 (r); 

17 (2) by redesignating paragraph (s) as paragraph 

18 (u); and 

19 (3) by inserting after paragraph (r) the fol20 lowing: 

21 ‘‘(s) any violation of section 424 of the Con22 trolled Substances Act (relating to murder and other 

23 violent crimes in furtherance of a drug trafficking 

24 crime); 

25 ‘‘(t) any violation of section 522, 523, or 524 

26 (relating to criminal street gangs); or’’. 


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1 SEC. 213. CLARIFICATION OF HOBBS ACT. 

2 Section 1951(b) of title 18, United States Code, is 

3 amended— 

4 (1) in paragraph (1), by inserting ‘‘including 

5 the unlawful impersonation of a law enforcement offi6 cer (as that term is defined in section 245(c) of this 

7 title),’’ after ‘‘by means of actual or threatened 

8 force,’’; and 

9 (2) in paragraph (2), by inserting ‘‘including 

10 the unlawful impersonation of a law enforcement offi11 cer (as that term is defined in section 245(c) of this 

12 title),’’ after ‘‘by wrongful use of actual or threatened 

13 force,’’. 

14 SEC. 214. INTERSTATE TAMPERING WITH OR RETALIATION 

15 AGAINST A WITNESS, VICTIM, OR INFORMANT 

16 IN A STATE CRIMINAL PROCEEDING. 

17 (a) IN GENERAL.—Chapter 73 of title 18, United 

18 States Code, is amended by inserting after section 1513 the 

19 following: 

20 ‘‘§ 1513A. Interstate tampering with or retaliation 

21 against a witness, victim, or informant in 

22 a State criminal proceeding 

23 ‘‘(a) IN GENERAL.—It shall be unlawful for any per24 son— 

25 ‘‘(1) to travel in interstate or foreign commerce, 

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1 eign commerce, or to employ, use, command, counsel, 

2 persuade, induce, entice, or coerce any individual to 

3 do the same, with the intent to— 

4 ‘‘(A) use or threaten to use any physical 

5 force against any witness, informant, victim, or 

6 other participant in a State criminal proceeding 

7 in an effort to influence or prevent participation 

8 in such proceeding, or to retaliate against such 

9 individual for participating in such proceeding; 

10 or 

11 ‘‘(B) threaten, influence, or prevent from 

12 testifying any actual or prospective witness in a 

13 State criminal proceeding; or 

14 ‘‘(2) to attempt or conspire to commit an offense 

15 under subparagraph (A) or (B) of paragraph (1). 

16 ‘‘(b) PENALTIES.— 

17 ‘‘(1) USE OF FORCE.—Any person who violates 

18 subsection (a)(1)(A) by use of force— 

19 ‘‘(A) shall be fined under this title, impris20 oned not more than 20 years, or both; and 

21 ‘‘(B) if death, kidnapping, or serious bodily 

22 injury results, shall be fined under this title, im23 prisoned for any term of years or for life, or 

24 both. 


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1 ‘‘(2) OTHER VIOLATIONS.—Any person who vio2 lates subsection (a)(1)(A) by threatened use of force or 

3 violates paragraph (1)(B) or (2) of subsection (a) 

4 shall be fined under this title, imprisoned not more 

5 than 10 years, or both. 

6 ‘‘(c) VENUE.—A prosecution under this section may 

7 be brought in the district in which the official proceeding 

8 (whether or not pending, about to be instituted or was com9 pleted) was intended to be affected or was completed, or in 

10 which the conduct constituting the alleged offense oc11 curred.’’. 

12 (b) CONFORMING AMENDMENT.—Section 1512 is 

13 amended, in the section heading, by adding at the end the 

14 following: ‘‘in a Federal proceeding’’. 

15 (c) CHAPTER ANALYSIS.—The table of sections for 

16 chapter 73 of title 18, United States Code, is amended— 

17 (1) by striking the item relating to section 1512 

18 and inserting the following: 

‘‘1512. Tampering with a witness, victim, or an informant in a Federal proceeding.’’; 

19 and 

20 (2) by inserting after the item relating to section 

21 1513 the following: 

‘‘1513A. Interstate tampering with or retaliation against a witness, victim, or informant in a State criminal proceeding.’’. 


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1 SEC. 215. PROHIBITION ON FIREARMS POSSESSION BASED 

2 ON VALID GANG INJUNCTION AND CONVIC3 TION FOR GANG-RELATED MISDEMEANOR. 

4 (a) IN GENERAL.—Section 922(g) of title 18, United 

5 States Code, is amended— 

6 (1) in paragraph (8), by striking ‘‘or’’ at the 

7 end; 

8 (2) in paragraph (9), by striking the comma at 

9 the end and inserting a semicolon; 

10 (3) by inserting after paragraph (9) the fol11 lowing: 

12 ‘‘(10) who has been convicted in any court of a 

13 misdemeanor gang-related offense; or 

14 ‘‘(11) who otherwise has, within the last 5 years, 

15 been found by any court to be in contempt of a gang 

16 injunction order, so long as the finding of contempt 

17 was issued after a hearing of which such person re18 ceived actual notice, and at which such person had an 

19 opportunity to participate and challenge the suffi20 ciency of process and the constitutional validity of the 

21 underlying gang injunction order,’’. 

22 (b) DEFINITION.—Section 921(a) of title 18, United 

23 States Code, is amended by adding at the end the following: 

24 ‘‘(36)(A) The term ‘misdemeanor gang-related of25 fense’ means an offense that— 


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1 ‘‘(i) is a misdemeanor under Federal, State, 

2 or Tribal law; and 

3 ‘‘(ii) has, as an element, the membership of 

4 the defendant in a criminal street gang, illegal 

5 association with a criminal street gang, or par6 ticipation in a criminal street gang activity. 

7 ‘‘(B)(i) A person shall not be considered to have 

8 been convicted of such an offense for purposes of this 

9 chapter, unless— 

10 ‘‘(I) the person was represented by counsel 

11 in the case, or knowingly and intelligently 

12 waived the right to counsel in the case; and 

13 ‘‘(II) in the case of a prosecution for an of14 fense described in this paragraph for which a 

15 person was entitled to a jury trial in the juris16 diction in which the case was tried— 

17 ‘‘(aa) the case was tried by a jury; or 

18 ‘‘(bb) the person knowingly and intel19 ligently waived the right to have the case 

20 tried by a jury, by guilty plea or otherwise. 

21 ‘‘(ii) A person shall not be considered to have 

22 been convicted of such an offense for purposes of this 

23 chapter if the conviction has been expunged or set 

24 aside, or is an offense for which the person has been 

25 pardoned or has had civil rights restored (if the law 


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1 of the applicable jurisdiction provides for the loss of 

2 civil rights under such an offense) unless the pardon, 

3 expungement, or restoration of civil rights expressly 

4 provides that the person may not ship, transport, pos5 sess, or receive firearms. 

6 ‘‘(37) The term ‘gang injunction order’ means a 

7 court order that— 

8 ‘‘(A) names the defendant as a member of a 

9 criminal street gang; and 

10 ‘‘(B) restrains the defendant from associ11 ating with other gang members.’’. 

12 SEC. 216. AMENDMENT OF SENTENCING GUIDELINES. 

13 (a) IN GENERAL.—Pursuant to its authority under 

14 section 994 of title 28, United States Code, and in accord15 ance with this section, the United States Sentencing Com16 mission shall review and, if appropriate, amend its guide17 lines and policy statements to conform with this title and 

18 the amendments made by this title. 

19 (b) REQUIREMENTS.—In carrying out this section, the 

20 United States Sentencing Commission shall— 

21 (1) establish new guidelines and policy state22 ments, as warranted, in order to implement new or 

23 revised criminal offenses under this title and the 

24 amendments made by this title; 


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1 (2) consider the extent to which the guidelines 

2 and policy statements adequately address— 

3 (A) whether the guidelines offense levels and 

4 enhancements— 

5 (i) are sufficient to deter and punish 

6 such offenses; and 

7 (ii) are adequate in view of the statu8 tory increases in penalties contained in this 

9 title and the amendments made by this title; 

10 and 

11 (B) whether any existing or new specific of12 fense characteristics should be added to reflect 

13 congressional intent to increase penalties for the 

14 offenses set forth in this title and the amend15 ments made by this title; 

16 (3) ensure that specific offense characteristics are 

17 added to increase the guideline range— 

18 (A) by at least 2 offense levels, if a criminal 

19 defendant committing a gang crime or gang re20 cruiting offense was an alien who was present in 

21 the United States in violation of section 275 or 

22 276 of the Immigration and Nationality Act (8 

23 U.S.C. 1325 and 1326) at the time the offense 

24 was committed; and 


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1 (B) by at least 4 offense levels, if such de2 fendant had also previously been ordered re3 moved or deported under the Immigration and 

4 Nationality Act (8 U.S.C. 1101 et seq.) on the 

5 grounds of having committed a crime; 

6 (4) determine under what circumstances a sen7 tence of imprisonment imposed under this title or the 

8 amendments made by this title shall run consecutively 

9 to any other sentence of imprisonment imposed for 

10 any other crime, except that the Commission shall en11 sure that a sentence of imprisonment imposed under 

12 section 424 of the Controlled Substances Act (21 

13 U.S.C. 841 et seq.), as added by this Act, shall run 

14 consecutively, to an extent that the Sentencing Com15 mission determines appropriate, to the sentence im16 posed for the underlying drug trafficking offense; 

17 (5) account for any aggravating or mitigating 

18 circumstances that might justify exceptions to the 

19 generally applicable sentencing ranges; 

20 (6) ensure reasonable consistency with other rel21 evant directives, other sentencing guidelines, and stat22 utes; 

23 (7) make any necessary and conforming changes 

24 to the sentencing guidelines and policy statements; 

25 and 


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1 (8) ensure that the guidelines adequately meet 

2 the purposes of sentencing set forth in section 

3 3553(a)(2) of title 18, United States Code. 

4 TITLE III—INCREASED FEDERAL 

5 RESOURCES TO DETER AND 

6 PREVENT SERIOUSLY AT-RISK 

7 YOUTH FROM JOINING ILLE8 GAL STREET GANGS AND FOR 

9 OTHER PURPOSES 

10 SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH IN11 TENSITY GANG ACTIVITY AREAS. 

12 (a) DEFINITIONS.—In this section: 

13 (1) GOVERNOR.—The term ‘‘Governor’’ means a 

14 Governor of a State, the Mayor of the District of Co15 lumbia, the tribal leader of an Indian tribe, or the 

16 chief executive of a Commonwealth, territory, or pos17 session of the United States. 

18 (2) HIGH INTENSITY GANG ACTIVITY AREA.—The 

19 term ‘‘high intensity gang activity area’’ or 

20 ‘‘HIGAA’’ means an area within 1 or more States or 

21 Indian country that is designated as a high intensity 

22 gang activity area under subsection (b)(1). 

23 (3) INDIAN COUNTRY.—The term ‘‘Indian coun24 try’’ has the meaning given the term in section 1151 

25 of title 18, United States Code. 


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1 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

2 the meaning given the term in section 4(e) of the In3 dian Self-Determination and Education Assistance 

4 Act (25 U.S.C. 450b(e)). 

5 (5) STATE.—The term ‘‘State’’ means a State of 

6 the United States, the District of Columbia, and any 

7 commonwealth, territory, or possession of the United 

8 States. 

9 (6) TRIBAL LEADER.—The term ‘‘tribal leader’’ 

10 means the chief executive officer representing the gov11 erning body of an Indian tribe. 

12 (b) HIGH INTENSITY GANG ACTIVITY AREAS.— 

13 (1) DESIGNATION.—The Attorney General, after 

14 consultation with the Governors of appropriate 

15 States, may designate as high intensity gang activity 

16 areas, specific areas that are located within 1 or more 

17 States, which may consist of 1 or more municipali18 ties, counties, or other jurisdictions as appropriate. 

19 (2) ASSISTANCE.—In order to provide Federal 

20 assistance to high intensity gang activity areas, the 

21 Attorney General shall— 

22 (A) establish local collaborative working 

23 groups, which shall include— 

24 (i) criminal street gang enforcement 

25 teams, consisting of Federal, State, tribal, 


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1 and local law enforcement authorities, for 

2 the coordinated investigation, disruption, 

3 apprehension, and prosecution of criminal 

4 street gangs and offenders in each high in5 tensity gang activity area; 

6 (ii) educational, community, and faith 

7 leaders in the area; 

8 (iii) service providers in the commu9 nity, including those experienced at reach10 ing youth and adults who have been in11 volved in violence and violent gangs or 

12 groups, to provide gang-involved or seri13 ously at-risk youth with positive alter14 natives to gangs and other violent groups 

15 and to address the needs of those who leave 

16 gangs and other violent groups, and those 

17 reentering society from prison; and 

18 (iv) evaluation teams to research and 

19 collect information, assess data, recommend 

20 adjustments, and generally assure the ac21 countability and effectiveness of program 

22 implementation; 

23 (B) direct the reassignment or detailing 

24 from any Federal department or agency (subject 

25 to the approval of the head of that department 


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1 or agency, in the case of a department or agency 

2 other than the Department of Justice) of per3 sonnel to each criminal street gang enforcement 

4 team; 

5 (C) direct the reassignment or detailing of 

6 representatives from— 

7 (i) the Department of Justice; 

8 (ii) the Department of Education; 

9 (iii) the Department of Labor; 

10 (iv) the Department of Health and 

11 Human Services; 

12 (v) the Department of Housing and 

13 Urban Development; and 

14 (vi) any other Federal department or 

15 agency (subject to the approval of the head 

16 of that department or agency, in the case of 

17 a department or agency other than the De18 partment of Justice) to each high intensity 

19 gang activity area to identify and coordi20 nate efforts to access Federal programs and 

21 resources available to provide gang preven22 tion, intervention, and reentry assistance; 

23 (D) prioritize and administer the Federal 

24 program and resource requests made by the local 

25 collaborative working group established under 


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1 subparagraph (A) for each high intensity gang 

2 activity area; 

3 (E) provide all necessary funding for the 

4 operation of each local collaborative working 

5 group in each high intensity gang activity area; 

6 and 

7 (F) provide all necessary funding for na8 tional and regional meetings of local collabo9 rative working groups, criminal street gang en10 forcement teams, and educational, community, 

11 social service, faith-based, and all other related 

12 organizations, as needed, to ensure effective oper13 ation of such teams through the sharing of intel14 ligence and best practices and for any other re15 lated purpose. 

16 (3) COMPOSITION OF CRIMINAL STREET GANG

17 ENFORCEMENT TEAM.—Each team established under 

18 paragraph (2)(A)(i) shall consist of agents and offi19 cers, where feasible, from— 

20 (A) the Federal Bureau of Investigation; 

21 (B) the Drug Enforcement Administration; 

22 (C) the Bureau of Alcohol, Tobacco, Fire23 arms, and Explosives; 

24 (D) the United States Marshals Service; 

25 (E) the Department of Homeland Security; 


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1 (F) the Department of Housing and Urban 

2 Development; 

3 (G) State, local, and, where appropriate, 

4 tribal law enforcement; 

5 (H) Federal, State, and local prosecutors; 

6 and 

7 (I) the Bureau of Indian Affairs, Office of 

8 Law Enforcement Services, where appropriate. 

9 (4) CRITERIA FOR DESIGNATION.—In consid10 ering an area for designation as a high intensity 

11 gang activity area under this section, the Attorney 

12 General shall consider— 

13 (A) the current and predicted levels of gang 

14 crime activity in the area; 

15 (B) the extent to which qualitative and 

16 quantitative data indicate that violent crime in 

17 the area is related to criminal street gang activ18 ity, such as murder, robbery, assaults, 

19 carjacking, arson, kidnapping, extortion, drug 

20 trafficking, and other criminal activity; 

21 (C) the extent to which State, local, and, 

22 where appropriate, tribal law enforcement agen23 cies, schools, community groups, social service 

24 agencies, job agencies, faith-based organizations, 


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1 and other organizations have committed re2 sources to— 

3 (i) respond to the gang crime problem; 

4 and 

5 (ii) participate in a gang enforcement 

6 team; 

7 (D) the extent to which a significant in8 crease in the allocation of Federal resources 

9 would enhance local response to the gang crime 

10 activities in the area; and 

11 (E) any other criteria that the Attorney 

12 General considers to be appropriate. 

13 (5) RELATION TO HIDTAS.—If the Attorney Gen14 eral establishes a high intensity gang activity area 

15 that substantially overlaps geographically with any 

16 existing high intensity drug trafficking area (in this 

17 section referred to as a ‘‘HIDTA’’), the Attorney Gen18 eral shall direct the local collaborative working group 

19 for that high intensity gang activity area to enter 

20 into an agreement with the Executive Board for that 

21 HIDTA, providing that— 

22 (A) the Executive Board of that HIDTA 

23 shall establish a separate high intensity gang ac24 tivity area law enforcement steering committee, 

25 and select (with a preference for Federal, State, 


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1 and local law enforcement agencies that are 

2 within the geographic area of that high intensity 

3 gang activity area) the members of that com4 mittee, subject to the concurrence of the Attorney 

5 General; 

6 (B) the high intensity gang activity area 

7 law enforcement steering committee established 

8 under subparagraph (A) shall administer the 

9 funds provided under subsection (g)(1) for the 

10 criminal street gang enforcement team, after con11 sulting with, and consistent with the goals and 

12 strategies established by, that local collaborative 

13 working group; 

14 (C) the high intensity gang activity area 

15 law enforcement steering committee established 

16 under subparagraph (A) shall select, from Fed17 eral, State, and local law enforcement agencies 

18 within the geographic area of that high intensity 

19 gang activity area, the members of the Criminal 

20 Street Gang Enforcement Team, in accordance 

21 with paragraph (3); and 

22 (D) the Criminal Street Gang Enforcement 

23 Team of that high intensity gang activity area, 

24 and its law enforcement steering committee, 

25 may, with approval of the Executive Board of 


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1 the HIDTA with which it substantially overlaps, 

2 utilize the intelligence-sharing, administrative, 

3 and other resources of that HIDTA. 

4 (c) REPORTING REQUIREMENTS.— 

5 (1) IN GENERAL.—Not later than December 1 of 

6 each year, the Attorney General shall submit a report 

7 to the appropriate committees of Congress and the Di8 rector of the Office of Management and Budget and 

9 the Domestic Policy Council that describes, for each 

10 designated high intensity gang activity area— 

11 (A) the specific long-term and short-term 

12 goals and objectives; 

13 (B) the measurements used to evaluate the 

14 performance of the high intensity gang activity 

15 area in achieving the long-term and short-term 

16 goals; 

17 (C) the age, composition, and membership 

18 of gangs; 

19 (D) the number and nature of crimes com20 mitted by gangs and gang members; 

21 (E) the definition of the term ‘‘gang’’ used 

22 to compile that report; and 

23 (F) the programmatic outcomes and fund24 ing need of the high intensity gang area, includ25 ing— 


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1 (i) an evidence-based analysis of the 

2 best practices and outcomes from the work 

3 of the relevant local collaborative working 

4 group; and 

5 (ii) an analysis of whether Federal re6 sources distributed meet the needs of the 

7 high intensity gang activity area and, if 

8 any programmatic funding shortfalls exist, 

9 recommendations for programs or funding 

10 to meet such shortfalls. 

11 (2) APPROPRIATE COMMITTEES.—In this sub12 section, the term ‘‘appropriate committees of Con13 gress’’ means— 

14 (A) the Committee on the Judiciary, the 

15 Committee on Appropriations, and the Com16 mittee on Health, Education, Labor, and Pen17 sions of the Senate; and 

18 (B) the Committee on the Judiciary, the 

19 Committee on Appropriations, the Committee on 

20 Education and Labor, and the Committee on 

21 Energy and Commerce of the House of Rep22 resentatives. 

23 (d) ADDITIONAL ASSISTANT UNITED STATES ATTOR24 NEYS.—The Attorney General is authorized to hire 94 addi25 tional Assistant United States attorneys, and nonattorney 


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1 coordinators and paralegals as necessary, to carry out the 

2 provisions of this section. 

3 (e) ADDITIONAL DEFENSE COUNSEL.—In each of the 

4 fiscal years 2008 through 2012, the Director of the Adminis5 trative Office of the United States Courts is authorized to 

6 hire 71 additional attorneys, nonattorney coordinators, and 

7 investigators, as necessary, in Federal Defender Programs 

8 and Federal Community Defender Organizations, and to 

9 make additional payments as necessary to retain appointed 

10 counsel under section 3006A of title 18, United States Code, 

11 to adequately respond to any increased or expanded case12 loads that may occur as a result of this Act or the amend13 ments made by this Act. Funding under this subsection 

14 shall not exceed the funding levels under subsection (d). 

15 (f) NATIONAL GANG RESEARCH, EVALUATION, AND

16 POLICY INSTITUTE.— 

17 (1) IN GENERAL.—The Office of Justice Pro18 grams of the Department of Justice, after consulting 

19 with relevant law enforcement officials, practitioners 

20 and researchers, shall establish a National Gang Re21 search, Evaluation, and Policy Institute (in this sub22 section referred to as the ‘‘Institute’’). 

23 (2) ACTIVITIES.—The Institute shall— 

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1 pression, prevention, intervention, and reentry 

2 models, such as the Operation Ceasefire model, 

3 the Strategic Public Health Approach, the Gang 

4 Reduction Program, or any other promising mu5 nicipally driven, comprehensive community-wide 

6 strategy that is demonstrated to be effective in 

7 reducing gang violence; 

8 (B) assist jurisdictions by conducting time9 ly research on effective models and designing and 

10 promoting implementation of effective local 

11 strategies, including programs that have objec12 tives and data on how they reduce gang violence 

13 (including shootings and killings), using preven14 tion, outreach, and community approaches, and 

15 that demonstrate the efficacy of these approaches; 

16 and 

17 (C) provide and contract for technical as18 sistance as needed in support of its mission. 

19 (3) NATIONAL CONFERENCE.—Not later than 90 

20 days after the date of its formation, the Institute shall 

21 design and conduct a national conference to reduce 

22 and prevent gang violence, and to teach and promote 

23 gang violence prevention, intervention, and reentry 

24 strategies. The conference shall be attended by appro25 priate representatives from criminal street gang enVerDate Aug 31 2005 00:08 Jul 31, 2007 Jkt 059200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 E:\BILLS\S456.RS S456

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1 forcement teams, and local collaborative working 

2 groups, including representatives of educational, com3 munity, religious, and social service organizations, 

4 and gang program and policy research evaluators. 

5 (4) NATIONAL DEMONSTRATION SITES.—Not 

6 later than 120 days after the date of its formation, 

7 the Institute shall select appropriate HIGAA areas to 

8 serve as primary national demonstration sites, based 

9 on the nature, concentration, and distribution of var10 ious gang types, the jurisdiction’s established capacity 

11 to integrate prevention, intervention, re-entry and en12 forcement efforts, and the range of particular gang-re13 lated issues. After establishing primary national dem14 onstration sites, the Institute shall establish such other 

15 secondary sites, to be linked to and receive evaluation, 

16 research, and technical assistance through the pri17 mary sites, as it may determine appropriate. 

18 (5) DISSEMINATION OF INFORMATION.—Not later 

19 than 180 days after the date of its formation, the In20 stitute shall develop and begin dissemination of infor21 mation about methods to effectively reduce and pre22 vent gang violence, including guides, research and as23 sessment models, case studies, evaluations, and best 

24 practices. The Institute shall also create a website, de25 signed to support the implementation of successful 


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1 gang violence prevention models, and disseminate ap2 propriate information to assist jurisdictions in reduc3 ing gang violence. 

4 (6) GANG INTERVENTION ACADEMIES.—Not later 

5 than 6 months after the date of its formation, the In6 stitute shall, either directly or through contracts with 

7 qualified nonprofit organizations, establish not less 

8 than 1 training academy, located in a high intensity 

9 gang activity area, to promote effective gang interven10 tion and community policing. The purposes of an 

11 academy established under this paragraph shall be to 

12 increase professionalism of gang intervention workers, 

13 improve officer training for working with gang inter14 vention workers, create best practices for independent 

15 cooperation between officers and intervention workers, 

16 and develop training for community policing. 

17 (7) SUPPORT.—The Institute shall obtain initial 

18 and continuing support from experienced researchers 

19 and practitioners, as it determines necessary, to test 

20 and assist in implementing its strategies nationally, 

21 regionally, and locally. 

22 (8) RESEARCH AGENDA.—The Institute shall es23 tablish and implement a core research agenda de24 signed to address areas of particular challenge, in25 cluding— 


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1 (A) how best to apply and continue to test 

2 the models described in paragraph (2) in par3 ticularly large jurisdictions; 

4 (B) how to foster and maximize the con5 tinuing impact of community moral voices in 

6 this context; 

7 (C) how to ensure the long-term sustain8 ability of reduced violent crime levels once ini9 tial levels of enthusiasm may subside; and 

10 (D) how to apply existing intervention 

11 frameworks to emerging local, regional, national, 

12 or international gang problems, such as the 

13 emergence of the gang known as MS–13. 

14 (9) EVALUATION.—The National Institute of 

15 Justice shall evaluate, on a continuing basis, com16 prehensive gang violence prevention, intervention, 

17 suppression, and reentry strategies supported by the 

18 Institute, and shall report the results of these evalua19 tions by no later than October 1 each year to the 

20 Committee on the Judiciary of the Senate and the 

21 Committee on the Judiciary of the House of Rep22 resentatives. 

23 (10) FUNDS.—The Attorney General shall use 

24 not less than 3 percent, and not more than 5 percent, 


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1 of the amounts made available under this section to 

2 establish and operate the Institute. 

3 (g) USE OF FUNDS.—Of amounts made available to 

4 a local collaborative working group under this section for 

5 each fiscal year that are remaining after the costs of hiring 

6 a full time coordinator for the local collaborative effort— 

7 (1) 50 percent shall be used for the operation of 

8 criminal street gang enforcement teams; and 

9 (2) 50 percent shall be used— 

10 (A) to provide at-risk youth with positive 

11 alternatives to gangs and other violent groups 

12 and to address the needs of those who leave gangs 

13 and other violent groups through— 

14 (i) service providers in the community, 

15 including schools and school districts; and 

16 (ii) faith leaders and other individuals 

17 experienced at reaching youth who have 

18 been involved in violence and violent gangs 

19 or groups; 

20 (B) for the establishment and operation of 

21 the National Gang Research, Evaluation, and 

22 Policy Institute; and 

23 (C) to support and provide technical assist24 ance to research in criminal justice, social servVerDate Aug 31 2005 00:08 Jul 31, 2007 Jkt 059200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6203 E:\BILLS\S456.RS S456

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1 ices, and community gang violence prevention 

2 collaborations. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated to carry out this section 

5 $75,000,000 for each of fiscal years 2008 through 2012. Any 

6 funds made available under this subsection shall remain 

7 available until expended. 

8 SEC. 302. GANG PREVENTION GRANTS. 

9 (a) AUTHORITY TO MAKE GRANTS.—The Office of 

10 Justice Programs of the Department of Justice may make 

11 grants, in accordance with such regulations as the Attorney 

12 General may prescribe, to States, units of local government, 

13 tribal governments, and qualified private entities, to de14 velop community-based programs that provide crime pre15 vention, research, and intervention services that are de16 signed for gang members and at-risk youth. 

17 (b) USE OF GRANT AMOUNTS.—A grant under this sec18 tion may be used (including through subgrants) for— 

19 (1) preventing initial gang recruitment and in20 volvement among younger teenagers; 

21 (2) reducing gang involvement through non22 violent and constructive activities, such as community 

23 service programs, development of nonviolent conflict 

24 resolution skills, employment and legal assistance, 


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1 family counseling, and other safe, community-based 

2 alternatives for high-risk youth; 

3 (3) developing in-school and after-school gang 

4 safety, control, education, and resistance procedures 

5 and programs; 

6 (4) identifying and addressing early childhood 

7 risk factors for gang involvement, including parent 

8 training and childhood skills development; 

9 (5) identifying and fostering protective factors 

10 that buffer children and adolescents from gang in11 volvement; 

12 (6) developing and identifying investigative pro13 grams designed to deter gang recruitment, involve14 ment, and activities through effective intelligence 

15 gathering; 

16 (7) developing programs and youth centers for 

17 first-time nonviolent offenders facing alternative pen18 alties, such as mandated participation in community 

19 service, restitution, counseling, and education and 

20 prevention programs; 

21 (8) implementing regional, multidisciplinary 

22 approaches to combat gang violence though coordi23 nated programs for prevention and intervention (in24 cluding street outreach programs and other peace25 making activities) or coordinated law enforcement acVerDate Aug 31 2005 00:08 Jul 31, 2007 Jkt 059200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\BILLS\S456.RS S456

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1 tivities (including regional gang task forces and re2 gional crime mapping strategies that enhance focused 

3 prosecutions and reintegration strategies for offender 

4 reentry); or 

5 (9) identifying at-risk and high-risk students 

6 through home visits organized through joint collabora7 tions between law enforcement, faith-based organiza8 tions, schools, and social workers. 

9 (c) GRANT REQUIREMENTS.— 

10 (1) MAXIMUM.—The amount of a grant under 

11 this section may not exceed $1,000,000. 

12 (2) CONSULTATION AND COOPERATION.—Each 

13 recipient of a grant under this section shall have in 

14 effect on the date of the application by that entity 

15 agreements to consult and cooperate with local, State, 

16 or Federal law enforcement and participate, as ap17 propriate, in coordinated efforts to reduce gang activ18 ity and violence. 

19 (d) ANNUAL REPORT.—Each recipient of a grant 

20 under this section shall submit to the Attorney General, for 

21 each year in which funds from a grant received under this 

22 section are expended, a report containing— 

23 (1) a summary of the activities carried out with 

24 grant funds during that year; 


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1 (2) an assessment of the effectiveness of the crime 

2 prevention, research, and intervention activities of the 

3 recipient, based on data collected by the grant recipi4 ent; 

5 (3) a strategic plan for the year following the 

6 year described in paragraph (1); 

7 (4) evidence of consultation and cooperation with 

8 local, State, or Federal law enforcement or, if the 

9 grant recipient is a government entity, evidence of 

10 consultation with an organization engaged in any ac11 tivity described in subsection (b); and 

12 (5) such other information as the Attorney Gen13 eral may require. 

14 (e) DEFINITION.—In this section, the term ‘‘units of 

15 local government’’ includes sheriffs departments, police de16 partments, and local prosecutor offices. 

17 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

18 authorized to be appropriated for grants under this section 

19 $35,000,000 for each of the fiscal years 2008 through 2012. 

20 SEC. 303. ENHANCEMENT OF PROJECT SAFE NEIGHBOR21 HOODS INITIATIVE TO IMPROVE ENFORCE22 MENT OF CRIMINAL LAWS AGAINST VIOLENT 

23 GANGS. 

24 (a) IN GENERAL.—While maintaining the focus of 

25 Project Safe Neighborhoods as a comprehensive, strategic 


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1 approach to reducing gun violence in America, the Attorney 

2 General is authorized to expand the Project Safe Neighbor3 hoods program to require each United States attorney to— 

4 (1) identify, investigate, and prosecute signifi5 cant criminal street gangs operating within their dis6 trict; and 

7 (2) coordinate the identification, investigation, 

8 and prosecution of criminal street gangs among Fed9 eral, State, and local law enforcement agencies. 

10 (b) ADDITIONAL STAFF FOR PROJECT SAFE NEIGH11 BORHOODS.— 

12 (1) IN GENERAL.—The Attorney General may 

13 hire Assistant United States attorneys, non-attorney 

14 coordinators, or paralegals to carry out the provisions 

15 of this section. 

16 (2) ENFORCEMENT.—The Attorney General may 

17 hire Bureau of Alcohol, Tobacco, Firearms, and Ex18 plosives agents for, and otherwise expend additional 

19 resources in support of, the Project Safe Neighbor20 hoods/Firearms Violence Reduction program. 

21 (3) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated $20,000,000 

23 for each of fiscal years 2008 through 2012 to carry 

24 out this section. Any funds made available under this 

25 paragraph shall remain available until expended. 


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1 SEC. 304. ADDITIONAL RESOURCES NEEDED BY THE FED2 ERAL BUREAU OF INVESTIGATION TO INVES3 TIGATE AND PROSECUTE VIOLENT CRIMINAL 

4 STREET GANGS. 

5 (a) EXPANSION OF SAFE STREETS PROGRAM.—The 

6 Attorney General is authorized to expand the Safe Streets 

7 Program of the Federal Bureau of Investigation for the pur8 pose of supporting criminal street gang enforcement teams. 

9 (b) NATIONAL GANG ACTIVITY DATABASE.— 

10 (1) IN GENERAL.—The Attorney General shall es11 tablish a National Gang Activity Database to be 

12 housed at and administered by the Department of 

13 Justice. 

14 (2) DESCRIPTION.—The database required by 

15 paragraph (1) shall— 

16 (A) be designed to disseminate gang infor17 mation to law enforcement agencies throughout 

18 the country and, subject to appropriate controls, 

19 to disseminate aggregate statistical information 

20 to other members of the criminal justice system, 

21 community leaders, academics, and the public; 

22 (B) contain critical information on gangs, 

23 gang members, firearms, criminal activities, ve24 hicles, and other information useful for inves25 tigators in solving and reducing gang-related 

26 crimes; 


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1 (C) operate in a manner that enables law 

2 enforcement agencies to— 

3 (i) identify gang members involved in 

4 crimes; 

5 (ii) track the movement of gangs and 

6 members throughout the region; 

7 (iii) coordinate law enforcement re8 sponse to gang violence; 

9 (iv) enhance officer safety; 

10 (v) provide realistic, up-to-date figures 

11 and statistical data on gang crime and vio12 lence; 

13 (vi) forecast trends and respond ac14 cordingly; and 

15 (vii) more easily solve crimes and pre16 vent violence; and 

17 (D) be subject to guidelines, issued by the 

18 Attorney General, specifying the criteria for add19 ing information to the database, the appropriate 

20 period for retention of such information, and a 

21 process for removing individuals from the data22 base, and prohibiting disseminating gang infor23 mation to any entity that is not a law enforce24 ment agency, except aggregate statistical infor25 mation where appropriate. 


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1 (3) USE OF RISS SECURE INTRANET.—From 

2 amounts made available to carry out this section, the 

3 Attorney General shall provide the Regional Informa4 tion Sharing Systems such sums as are necessary to 

5 use the secure intranet known as RISSNET to elec6 tronically connect existing gang information systems 

7 (including the RISSGang National Gang Database) 

8 with the National Gang Activity Database, thereby 

9 facilitating the automated information exchange of 

10 existing gang data by all connected systems without 

11 the need for additional databases or data replication. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) IN GENERAL.—In addition to amounts other14 wise authorized, there are authorized to be appro15 priated to the Attorney General $10,000,000 for each 

16 of fiscal years 2008 through 2012 to carry out this 

17 section. 

18 (2) AVAILABILITY.—Any amounts appropriated 

19 under paragraph (1) shall remain available until ex20 pended. 

21 SEC. 305. GRANTS TO PROSECUTORS AND LAW ENFORCE22 MENT TO COMBAT VIOLENT CRIME. 

23 (a) IN GENERAL.—Section 31702 of the Violent Crime 

24 Control and Law Enforcement Act of 1994 (42 U.S.C. 

25 13862) is amended— 


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1 (1) in paragraph (3), by striking ‘‘and’’ at the 

2 end; 

3 (2) in paragraph (4), by striking the period at 

4 the end and inserting a semicolon; and 

5 (3) by adding at the end the following: 

6 ‘‘(5) to hire additional prosecutors to— 

7 ‘‘(A) allow more cases to be prosecuted; and 

8 ‘‘(B) reduce backlogs; and 

9 ‘‘(6) to fund technology, equipment, and training 

10 for prosecutors and law enforcement in order to in11 crease accurate identification of gang members and 

12 violent offenders, and to maintain databases with 

13 such information to facilitate coordination among 

14 law enforcement and prosecutors.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 31707 of the Violent Crime Control and Law Enforcement 

17 Act of 1994 (42 U.S.C. 13867) is amended to read as fol18 lows: 

19 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

20 ‘‘There are authorized to be appropriated $20,000,000 

21 for each of the fiscal years 2008 through 2012 to carry out 

22 this subtitle.’’. 


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1 SEC. 306. EXPANSION AND REAUTHORIZATION OF THE 

2 MENTORING INITIATIVE FOR SYSTEM IN3 VOLVED YOUTH. 

4 (a) EXPANSION.—Section 261(a) of the Juvenile Jus5 tice and Delinquency Prevention Act of 1974 (42 U.S.C. 

6 5665(a)) is amended by adding at the end the following: 

7 ‘‘The Administrator shall expand the number of sites receiv8 ing such grants from 4 to 12.’’. 

9 (b) AUTHORIZATION OF PROGRAM.—Section 299(c) of 

10 the Juvenile Justice and Delinquency Prevention Act of 

11 1974 (42 U.S.C. 5671(c)) is amended— 

12 (1) by striking ‘‘There are authorized’’ and in13 serting the following: 

14 ‘‘(1) IN GENERAL.—There are authorized’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR

17 MENTORING INITIATIVE.—There are authorized to be 

18 appropriated to carry out the Mentoring Initiative 

19 for System Involved Youth Program under part E 

20 $4,800,000 for each of fiscal years 2008 through 

21 2012.’’. 

22 SEC. 307. DEMONSTRATION GRANTS TO ENCOURAGE CRE23 ATIVE APPROACHES TO GANG ACTIVITY AND 

24 AFTER-SCHOOL PROGRAMS. 

25 (a) IN GENERAL.—The Attorney General may make 

26 grants to public or nonprofit private entities (including 


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1 faith-based organizations) for the purpose of assisting the 

2 entities in carrying out projects involving innovative ap3 proaches to combat gang activity. 

4 (b) CERTAIN APPROACHES.—Approaches under sub5 section (a) may include the following: 

6 (1) Encouraging teen-driven approaches to gang 

7 activity prevention. 

8 (2) Educating parents to recognize signs of prob9 lems and potential gang involvement in their chil10 dren. 

11 (3) Teaching parents the importance of a nur12 turing family and home environment to keep children 

13 out of gangs. 

14 (4) Facilitating communication between parents 

15 and children, especially programs that have been eval16 uated and proven effective. 

17 (c) MATCHING FUNDS.— 

18 (1) IN GENERAL.—The Attorney General may 

19 make a grant under this section only if the entity re20 ceiving the grant agrees to make available (directly or 

21 through donations from public or private entities) 

22 non-Federal contributions toward the cost of activities 

23 to be performed with that grant in an amount that 

24 is not less than 25 percent of such costs. 


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1 (2) DETERMINATION OF AMOUNT CONTRIB2 UTED.—Non-Federal contributions required under 

3 paragraph (1) may be in cash or in kind, fairly eval4 uated, including facilities, equipment, or services. 

5 Amounts provided by the Federal Government, or 

6 services assisted or subsidized to any significant ex7 tent by the Federal Government, may not be included 

8 in determining the amount of such non-Federal con9 tributions. 

10 (d) EVALUATION OF PROJECTS.— 

11 (1) IN GENERAL.—The Attorney General shall es12 tablish criteria for the evaluation of projects involving 

13 innovative approaches under subsection (a). 

14 (2) GRANTEES.—A grant may be made under 

15 subsection (a) only if the entity involved— 

16 (A) agrees to conduct evaluations of the ap17 proach in accordance with the criteria estab18 lished under paragraph (1); 

19 (B) agrees to submit to the Attorney Gen20 eral reports describing the results of the evalua21 tions, as the Attorney General determines to be 

22 appropriate; and 

23 (C) submits to the Attorney General, in the 

24 application under subsection (e), a plan for con25 ducting the evaluations. 


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1 (e) APPLICATION FOR GRANT.—A public or nonprofit 

2 private entity desiring a grant under this section shall sub3 mit an application in such form, in such manner, and con4 taining such agreements, assurances, and information (in5 cluding the agreements under subsections (c) and (d) and 

6 the plan under subsection (d)(2)(C)) as the Attorney Gen7 eral determines appropriate. 

8 (f) REPORT TO CONGRESS.—Not later than February 

9 1 of each year, the Attorney General shall submit to Con10 gress a report describing the extent to which the approaches 

11 under subsection (a) have been successful in reducing the 

12 rate of gang activity in the communities in which the ap13 proaches have been carried out. Each report under this sub14 section shall describe the various approaches used under 

15 subsection (a) and the effectiveness of each of the ap16 proaches. 

17 (g) AUTHORIZATION OF APPROPRIATIONS.—There are 

18 authorized to be appropriated $5,000,000 to carry out this 

19 section for each of the fiscal years 2008 through 2012. 

20 SEC. 308. SHORT-TERM STATE WITNESS PROTECTION SEC21 TION. 

22 (a) ESTABLISHMENT.— 

23 (1) IN GENERAL.—Chapter 37 of title 28, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘§ 570. Short-Term State Witness Protection Section 

2 ‘‘(a) IN GENERAL.—There is established in the United 

3 States Marshals Service a Short-Term State Witness Pro4 tection Section which shall provide protection for witnesses 

5 in State and local trials involving homicide or other major 

6 violent crimes pursuant to cooperative agreements with 

7 State and local criminal prosecutor’s offices and the United 

8 States attorney for the District of Columbia. 

9 ‘‘(b) ELIGIBILITY.— 

10 ‘‘(1) IN GENERAL.—The Short-Term State Wit11 ness Protection Section shall give priority in award12 ing grants and providing services to— 

13 ‘‘(A) criminal prosecutor’s offices for States 

14 with an average of not less than 100 murders per 

15 year; and 

16 ‘‘(B) criminal prosecutor’s offices for juris17 dictions that include a city, town, or township 

18 with an average violent crime rate per 100,000 

19 inhabitants that is above the national average. 

20 ‘‘(2) CALCULATION.—The rate of murders and 

21 violent crime under paragraph (1) shall be calculated 

22 using the latest available crime statistics from the 

23 Federal Bureau of Investigation during 5-year period 

24 immediately preceding an application for protec25 tion.’’. 


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1 (2) CHAPTER ANALYSIS.—The chapter analysis 

2 for chapter 37 of title 28, United States Code, is 

3 amended by striking the items relating to sections 570 

4 through 576 and inserting the following: 

‘‘570. Short-Term State Witness Protection Section.’’. 

5 (b) GRANT PROGRAM.— 

6 (1) DEFINITIONS.—In this subsection— 

7 (A) the term ‘‘eligible prosecutor’s office’’ 

8 means a State or local criminal prosecutor’s of9 fice or the United States attorney for the District 

10 of Columbia; and 

11 (B) the term ‘‘serious violent felony’’ has the 

12 same meaning as in section 3559(c)(2) of title 

13 18, United States Code. 

14 (2) GRANTS AUTHORIZED.— 

15 (A) IN GENERAL.—The Attorney General is 

16 authorized to make grants to eligible prosecutor’s 

17 offices for purposes of identifying witnesses in 

18 need of protection or providing short term pro19 tection to witnesses in trials involving homicide 

20 or serious violent felony. 

21 (B) ALLOCATION.—Each eligible prosecu22 tor’s office receiving a grant under this sub23 section may— 

24 (i) use the grant to identify witnesses 

25 in need of protection or provide witness 


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1 protection (including tattoo removal serv2 ices); or 

3 (ii) pursuant to a cooperative agree4 ment with the Short-Term State Witness 

5 Protection Section of the United States 

6 Marshals Service, credit the grant to the 

7 Short-Term State Witness Protection Sec8 tion to cover the costs to the section of pro9 viding witness protection on behalf of the el10 igible prosecutor’s office. 

11 (3) APPLICATION.— 

12 (A) IN GENERAL.—Each eligible prosecu13 tor’s office desiring a grant under this subsection 

14 shall submit an application to the Attorney Gen15 eral at such time, in such manner, and accom16 panied by such information as the Attorney Gen17 eral may reasonably require. 

18 (B) CONTENTS.—Each application sub19 mitted under subparagraph (A) shall— 

20 (i) describe the activities for which as21 sistance under this subsection is sought; and 

22 (ii) provide such additional assurances 

23 as the Attorney General determines to be es24 sential to ensure compliance with the re25 quirements of this subsection. 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to carry out 

3 this subsection $90,000,000 for each of fiscal years 

4 2008 through 2010. 

5 SEC. 309. WITNESS PROTECTION SERVICES. 

6 Section 3526 of title 18, United States Code (Coopera7 tion of other Federal agencies and State governments; reim8 bursement of expenses) is amended by adding at the end 

9 the following: 

10 ‘‘(c) In any case in which a State government requests 

11 the Attorney General to provide temporary protection under 

12 section 3521(e) of this title, the costs of providing temporary 

13 protection are not reimbursable if the investigation or pros14 ecution in any way relates to crimes of violence committed 

15 by a criminal street gang, as defined under the laws of the 

16 relevant State seeking assistance under this title.’’. 

17 SEC. 310. EXPANSION OF FEDERAL WITNESS RELOCATION 

18 AND PROTECTION PROGRAM. 

19 Section 3521(a)(1) of title 18 is amended by inserting 

20 ‘‘, criminal street gang, serious drug offense, homicide,’’ 

21 after ‘‘organized criminal activity’’. 

22 SEC. 311. FAMILY ABDUCTION PREVENTION GRANT PRO23 GRAM. 

24 (a) STATE GRANTS.—The Attorney General is author25 ized to make grants to States for projects involving— 


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1 (1) the extradition of individuals suspected of 

2 committing a family abduction; 

3 (2) the investigation by State and local law en4 forcement agencies of family abduction cases; 

5 (3) the training of State and local law enforce6 ment agencies in responding to family abductions 

7 and recovering abducted children, including the devel8 opment of written guidelines and technical assistance; 

9 (4) outreach and media campaigns to educate 

10 parents on the dangers of family abductions; and 

11 (5) the flagging of school records. 

12 (b) MATCHING REQUIREMENT.—Not less than 50 per13 cent of the cost of a project for which a grant is made under 

14 this section shall be provided by non-Federal sources. 

15 (c) DEFINITIONS.—In this section: 

16 (1) FAMILY ABDUCTION.—-The term ‘‘family ab17 duction’’ means the taking, keeping, or concealing of 

18 a child or children by a parent, other family member, 

19 or person acting on behalf of the parent or family 

20 member, that prevents another individual from exer21 cising lawful custody or visitation rights. 

22 (2) FLAGGING.—The term ‘‘flagging’’ means the 

23 process of notifying law enforcement authorities of the 

24 name and address of any person requesting the school 

25 records of an abducted child. 


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1 (3) STATE.—The term ‘‘State’’ means each of the 

2 several States, the District of Columbia, the Common3 wealth of Puerto Rico, the Commonwealth of the 

4 Northern Mariana Islands, American Samoa, Guam, 

5 the Virgin Islands, any territory or possession of the 

6 United States, and any Indian tribe. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated to carry out this section 

9 $500,000 for fiscal year 2008 and such sums as may be 

10 necessary for each of fiscal years 2009 and 2010. 

11 SEC. 312. STUDY ON ADOLESCENT DEVELOPMENT AND SEN12 TENCES IN THE FEDERAL SYSTEM. 

13 (a) IN GENERAL.—The United States Sentencing 

14 Commission shall conduct a study to examine the appro15 priateness of sentences for minors in the Federal system. 

16 (b) CONTENTS.—The study conducted under subsection 

17 (a) shall— 

18 (1) incorporate the most recent research and ex19 pertise in the field of adolescent brain development 

20 and culpability; 

21 (2) evaluate the toll of juvenile crime, particu22 larly violent juvenile crime, on communities; 

23 (3) consider the appropriateness of life sentences 

24 without possibility for parole for minor offenders in 

25 the Federal system; and 


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1 (4) evaluate issues of recidivism by juveniles who 

2 are released from prison or detention after serving de3 terminate sentences. 

4 (c) REPORT.—Not later than 1 year after the date of 

5 enactment of this Act, the United States Sentencing Com6 mission shall submit to Congress a report regarding the 

7 study conducted under subsection (a), which shall— 

8 (1) include the findings of the Commission; 

9 (2) describe significant cases reviewed as part of 

10 the study; and 

11 (3) make recommendations, if any. 

12 (d) REVISION OF GUIDELINES.—If determined appro13 priate by the United States Sentencing Commission, after 

14 completing the study under subsection (a) the Commission 

15 may, pursuant to its authority under section 994 of title 

16 28, United States Code, establish or revise guidelines and 

17 policy statements, as warranted, relating to the sentencing 

18 of minors under this Act or the amendments made by this 

19 Act. 

20 SEC. 313. NATIONAL YOUTH ANTI-HEROIN MEDIA CAM21 PAIGN. 

22 Section 709 of the Office of National Drug Control Pol23 icy Reauthorization Act of 1998 (21 U.S.C. 1708) is amend24 ed— 


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1 (1) by redesignating subsections (k) and (l) as 

2 subsections (l) and (m), respectively; and 

3 (2) by inserting after subsection (j) the following: 

4 ‘‘(k) PREVENTION OF HEROIN ABUSE.— 

5 ‘‘(1) FINDINGS.—Congress finds the following: 

6 ‘‘(A) Heroin, and particularly the form 

7 known as ‘cheese heroin’ (a drug made by mix8 ing black tar heroin with diphenhydramine), 

9 poses a significant and increasing threat to 

10 youth in the United States. 

11 ‘‘(B) Drug organizations import heroin 

12 from outside of the United States, mix the highly 

13 addictive drug with diphenhydramine, and dis14 tribute it mostly to youth. 

15 ‘‘(C) Since the initial discovery of cheese 

16 heroin on Dallas school campuses in 2005, at 

17 least 21 minors have died after overdosing on 

18 cheese heroin in Dallas County. 

19 ‘‘(D) The number of arrests involving pos20 session of cheese heroin in the Dallas area during 

21 the 2006–2007 school year increased over 60 per22 cent from the previous school year. 

23 ‘‘(E) The ease of communication via the 

24 Internet and cell phones allows a drug trend to 


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1 spread rapidly across the country, creating a na2 tional threat. 

3 ‘‘(F) Gangs recruit youth as new members 

4 by providing them with this inexpensive drug. 

5 ‘‘(G) Reports show that there is rampant ig6 norance among youth about the dangerous and 

7 potentially fatal effects of cheese heroin. 

8 ‘‘(2) PREVENTION OF HEROIN ABUSE.—In con9 ducting advertising and activities otherwise author10 ized under this section, the Director shall promote 

11 prevention of youth heroin use, including cheese her12 oin.’’. 

13 SEC. 314. TRAINING AT THE NATIONAL ADVOCACY CENTER. 

14 (a) IN GENERAL.—The National District Attorneys 

15 Association may use the services of the National Advocacy 

16 Center in Columbia, South Carolina to conduct a national 

17 training program for State and local prosecutors for the 

18 purpose of improving the professional skills of State and 

19 local prosecutors and enhancing the ability of Federal, 

20 State, and local prosecutors to work together. 

21 (b) TRAINING.—The National Advocacy Center in Co22 lumbia, South Carolina may provide comprehensive con23 tinuing legal education in the areas of trial practice, sub24 stantive legal updates, and support staff training. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to the Attorney General to 

3 carry out this section $6,500,000, to remain available until 

4 expended, for fiscal years 2008 through 2011. 

5 TITLE IV—CRIME PREVENTION 

6 AND INTERVENTION STRATE7 GIES 

8 SEC. 401. SHORT TITLE. 

9 This title may be cited as the ‘‘Prevention Resources 

10 for Eliminating Criminal Activity Using Tailored Inter11 ventions in Our Neighborhoods Act of 2007’’ or the ‘‘PRE12 CAUTION Act’’. 

13 SEC. 402. PURPOSES. 

14 The purposes of this title are to— 

15 (1) establish a commitment on the part of the 

16 Federal Government to provide leadership on success17 ful crime prevention and intervention strategies; 

18 (2) further the integration of crime prevention 

19 and intervention strategies into traditional law en20 forcement practices of State and local law enforce21 ment offices around the country; 

22 (3) develop a plain-language, implementation-fo23 cused assessment of those current crime and delin24 quency prevention and intervention strategies that 

25 are supported by rigorous evidence; 


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1 (4) provide additional resources to the National 

2 Institute of Justice to administer research and devel3 opment grants for promising crime prevention and 

4 intervention strategies; 

5 (5) develop recommendations for Federal prior6 ities for crime and delinquency prevention and inter7 vention research, development, and funding that may 

8 augment important Federal grant programs, includ9 ing the Edward Byrne Memorial Justice Assistance 

10 Grant Program under subpart 1 of part E of title I 

11 of the Omnibus Crime Control and Safe Streets Act 

12 of 1968 (42 U.S.C. 3750 et seq.), grant programs ad13 ministered by the Office of Community Oriented Po14 licing Services of the Department of Justice, grant 

15 programs administered by the Office of Safe and 

16 Drug-Free Schools of the Department of Education, 

17 and other similar programs; and 

18 (6) reduce the costs that rising violent crime im19 poses on interstate commerce. 

20 SEC. 403. DEFINITIONS. 

21 In this title, the following definitions shall apply: 

22 (1) COMMISSION.—The term ‘‘Commission’’ 

23 means the National Commission on Public Safety 

24 Through Crime Prevention established under section 

25 404(a). 


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1 (2) RIGOROUS EVIDENCE.—The term ‘‘rigorous 

2 evidence’’ means evidence generated by scientifically 

3 valid forms of outcome evaluation, particularly ran4 domized trials (where practicable). 

5 (3) SUBCATEGORY.—The term ‘‘subcategory’’ 

6 means 1 of the following categories: 

7 (A) Family and community settings (in8 cluding public health-based strategies). 

9 (B) Law enforcement settings (including 

10 probation-based strategies). 

11 (C) School settings (including antigang and 

12 general antiviolence strategies). 

13 (4) TOP-TIER.—The term ‘‘top-tier’’ means any 

14 strategy supported by rigorous evidence of the sizable, 

15 sustained benefits to participants in the strategy or to 

16 society. 

17 SEC. 404. NATIONAL COMMISSION ON PUBLIC SAFETY 

18 THROUGH CRIME PREVENTION. 

19 (a) ESTABLISHMENT.—There is established a commis20 sion to be known as the National Commission on Public 

21 Safety Through Crime Prevention. 

22 (b) MEMBERS.— 

23 (1) IN GENERAL.—The Commission shall be com24 posed of 9 members, of whom— 


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1 (A) 3 shall be appointed by the President, 

2 1 of whom shall be the Assistant Attorney Gen3 eral for the Office of Justice Programs or a rep4 resentative of such Assistant Attorney General; 

5 (B) 2 shall be appointed by the Speaker of 

6 the House of Representatives, unless the Speaker 

7 is of the same party as the President, in which 

8 case 1 shall be appointed by the Speaker of the 

9 House of Representatives and 1 shall be ap10 pointed by the minority leader of the House of 

11 Representatives; 

12 (C) 1 shall be appointed by the minority 

13 leader of the House of Representatives (in addi14 tion to any appointment made under subpara15 graph (B)); 

16 (D) 2 shall be appointed by the majority 

17 leader of the Senate, unless the majority leader 

18 is of the same party as the President, in which 

19 case 1 shall be appointed by the majority leader 

20 of the Senate and 1 shall be appointed by the 

21 minority leader of the Senate; and 

22 (E) 1 member appointed by the minority 

23 leader of the Senate (in addition to any appoint24 ment made under subparagraph (D)). 

25 (2) PERSONS ELIGIBLE.— 


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1 (A) IN GENERAL.—Each member of the 

2 Commission shall be an individual who has 

3 knowledge or expertise in matters to be studied 

4 by the Commission. 

5 (B) REQUIRED REPRESENTATIVES.—At 

6 least— 

7 (i) 2 members of the Commission shall 

8 be respected social scientists with experience 

9 implementing or interpreting rigorous, out10 come-based trials; and 

11 (ii) 2 members of the Commission shall 

12 be law enforcement practitioners. 

13 (3) CONSULTATION REQUIRED.—The President, 

14 the Speaker of the House of Representatives, the mi15 nority leader of the House of Representatives, and the 

16 majority leader and minority leader of the Senate 

17 shall consult prior to the appointment of the members 

18 of the Commission to achieve, to the maximum extent 

19 possible, fair and equitable representation of various 

20 points of view with respect to the matters to be stud21 ied by the Commission. 

22 (4) TERM.—Each member shall be appointed for 

23 the life of the Commission. 


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1 (5) TIME FOR INITIAL APPOINTMENTS.—The ap2 pointment of the members shall be made not later 

3 than 60 days after the date of enactment of this Act. 

4 (6) VACANCIES.—A vacancy in the Commission 

5 shall be filled in the manner in which the original 

6 appointment was made, and shall be made not later 

7 than 60 days after the date on which the vacancy oc8 curred. 

9 (7) EX OFFICIO MEMBERS.—The Director of the 

10 National Institute of Justice, the Director of the Of11 fice of Juvenile Justice and Delinquency Prevention, 

12 the Director of the Community Capacity Development 

13 Office, the Director of the Bureau of Justice Statis14 tics, the Director of the Bureau of Justice Assistance, 

15 and the Director of Community Oriented Policing 

16 Services (or a representative of each such director) 

17 shall each serve in an ex officio capacity on the Com18 mission to provide advice and information to the 

19 Commission. 

20 (c) OPERATION.— 

21 (1) CHAIRPERSON.—At the initial meeting of the 

22 Commission, the members of the Commission shall 

23 elect a chairperson from among its voting members, 

by a vote of 2 24 ⁄3 of the members of the Commission. 

25 The chairperson shall retain this position for the life 


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1 of the Commission. If the chairperson leaves the Com2 mission, a new chairperson shall be selected, by a vote 

of 2 3 ⁄3 of the members of the Commission. 

4 (2) MEETINGS.—The Commission shall meet at 

5 the call of the chairperson. The initial meeting of the 

6 Commission shall take place not later than 30 days 

7 after the date on which all the members of the Com8 mission have been appointed. 

9 (3) QUORUM.—A majority of the members of the 

10 Commission shall constitute a quorum to conduct 

11 business, and the Commission may establish a lesser 

12 quorum for conducting hearings scheduled by the 

13 Commission. 

14 (4) RULES.—The Commission may establish by 

15 majority vote any other rules for the conduct of Com16 mission business, if such rules are not inconsistent 

17 with this title or other applicable law. 

18 (d) PUBLIC HEARINGS.— 

19 (1) IN GENERAL.—The Commission shall hold 

20 public hearings. The Commission may hold such hear21 ings, sit and act at such times and places, take such 

22 testimony, and receive such evidence as the Commis23 sion considers advisable to carry out its duties under 

24 this section. 


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1 (2) FOCUS OF HEARINGS.—The Commission 

2 shall hold at least 3 separate public hearings, each of 

3 which shall focus on 1 of the subcategories. 

4 (3) WITNESS EXPENSES.—Witnesses requested to 

5 appear before the Commission shall be paid the same 

6 fees as are paid to witnesses under section 1821 of 

7 title 28, United States Code. The per diem and mile8 age allowances for witnesses shall be paid from funds 

9 appropriated to the Commission. 

10 (e) COMPREHENSIVE STUDY OF EVIDENCE-BASED

11 CRIME PREVENTION AND INTERVENTION STRATEGIES.— 

12 (1) IN GENERAL.—The Commission shall carry 

13 out a comprehensive study of the effectiveness of crime 

14 and delinquency prevention and intervention strate15 gies, organized around the 3 subcategories. 

16 (2) MATTERS INCLUDED.—The study under 

17 paragraph (1) shall include— 

18 (A) a review of research on the general effec19 tiveness of incorporating crime prevention and 

20 intervention strategies into an overall law en21 forcement plan; 

22 (B) an evaluation of how to more effectively 

23 communicate the wealth of social science research 

24 to practitioners; 


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1 (C) a review of evidence regarding the effec2 tiveness of specific crime prevention and inter3 vention strategies, focusing on those strategies 

4 supported by rigorous evidence; 

5 (D) an identification of— 

6 (i) promising areas for further research 

7 and development; and 

8 (ii) other areas representing gaps in 

9 the body of knowledge that would benefit 

10 from additional research and development; 

11 (E) an assessment of the best practices for 

12 implementing prevention and intervention strat13 egies; 

14 (F) an assessment of the best practices for 

15 gathering rigorous evidence regarding the imple16 mentation of intervention and prevention strate17 gies; and 

18 (G) an assessment of those top-tier strategies 

19 best suited for duplication efforts in a range of 

20 settings across the country. 

21 (3) INITIAL REPORT ON TOP-TIER CRIME PRE22 VENTION AND INTERVENTION STRATEGIES.— 

23 (A) DISTRIBUTION.—Not later than 18 

24 months after the date on which all members of 

25 the Commission have been appointed, the ComVerDate Aug 31 2005 00:08 Jul 31, 2007 Jkt 059200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6203 E:\BILLS\S456.RS S456

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1 mission shall submit a public report on the 

2 study carried out under this subsection to— 

3 (i) the President; 

4 (ii) Congress; 

5 (iii) the Attorney General; 

6 (iv) the Chief Federal Public Defender 

7 of each district; 

8 (v) the chief executive of each State; 

9 (vi) the Director of the Administrative 

10 Office of the Courts of each State; 

11 (vii) the Director of the Administrative 

12 Office of the United States Courts; and 

13 (viii) the attorney general of each 

14 State. 

15 (B) CONTENTS.—The report under subpara16 graph (A) shall include— 

17 (i) the findings and conclusions of the 

18 Commission; 

19 (ii) a summary of the top-tier strate20 gies, including— 

21 (I) a review of the rigorous evi22 dence supporting the designation of 

23 each strategy as top-tier; 


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1 (II) a brief outline of the keys to 

2 successful implementation for each 

3 strategy; and 

4 (III) a list of references and other 

5 information on where further informa6 tion on each strategy can be found; 

7 (iii) recommended protocols for imple8 menting crime and delinquency prevention 

9 and intervention strategies generally; 

10 (iv) recommended protocols for evalu11 ating the effectiveness of crime and delin12 quency prevention and intervention strate13 gies; and 

14 (v) a summary of the materials relied 

15 upon by the Commission in preparation of 

16 the report. 

17 (C) CONSULTATION WITH OUTSIDE AU18 THORITIES.—In developing the recommended 

19 protocols for implementation and rigorous eval20 uation of top-tier crime and delinquency preven21 tion and intervention strategies under this para22 graph, the Commission shall consult with the 

23 Committee on Law and Justice at the National 

24 Academy of Science and with national associa25 tions representing the law enforcement and social 


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1 science professions, including the National Sher2 iffs’ Association, the Police Executive Research 

3 Forum, the International Association of Chiefs of 

4 Police, the Consortium of Social Science Associa5 tions, and the American Society of Criminology. 

6 (f) RECOMMENDATIONS REGARDING DISSEMINATION

7 OF THE INNOVATIVE CRIME PREVENTION AND INTERVEN8 TION STRATEGY GRANTS.— 

9 (1) SUBMISSION.— 

10 (A) IN GENERAL.—Not later than 30 days 

11 after the date of the final hearing under sub12 section (d) relating to a subcategory, the Com13 mission shall provide the Director of the Na14 tional Institute of Justice with recommendations 

15 on qualifying considerations relating to that sub16 category for selecting grant recipients under sec17 tion 405. 

18 (B) DEADLINE.—Not later than 13 months 

19 after the date on which all members of the Com20 mission have been appointed, the Commission 

21 shall provide all recommendations required 

22 under this subsection. 

23 (2) MATTERS INCLUDED.—The recommendations 

24 provided under paragraph (1) shall include rec25 ommendations relating to— 


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1 (A) the types of strategies for the applicable 

2 subcategory that would best benefit from addi3 tional research and development; 

4 (B) any geographic or demographic targets; 

5 (C) the types of partnerships with other 

6 public or private entities that might be pertinent 

7 and prioritized; and 

8 (D) any classes of crime and delinquency 

9 prevention and intervention strategies that 

10 should not be given priority because of a pre-ex11 isting base of knowledge that would benefit less 

12 from additional research and development. 

13 (g) FINAL REPORT ON THE RESULTS OF THE INNOVA14 TIVE CRIME PREVENTION AND INTERVENTION STRATEGY

15 GRANTS.— 

16 (1) IN GENERAL.—Following the close of the 3- 

17 year implementation period for each grant recipient 

18 under section 405, the Commission shall collect the re19 sults of the study of the effectiveness of that grant 

20 under section 405(b)(3) and shall submit a public re21 port to the President, the Attorney General, Congress, 

22 the chief executive of each State, and the attorney gen23 eral of each State describing each strategy funded 

24 under section 405 and its results. This report shall be 


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1 submitted not later than 5 years after the date of the 

2 selection of the chairperson of the Commission. 

3 (2) COLLECTION OF INFORMATION AND EVIDENCE

4 REGARDING GRANT RECIPIENTS.—The Commission’s 

5 collection of information and evidence regarding each 

6 grant recipient under section 405 shall be carried out 

7 by— 

8 (A) ongoing communications with the grant 

9 administrator at the National Institute of Jus10 tice; 

11 (B) visits by representatives of the Commis12 sion (including at least 1 member of the Com13 mission) to the site where the grant recipient is 

14 carrying out the strategy with a grant under sec15 tion 405, at least once in the second and once in 

16 the third year of that grant; 

17 (C) a review of the data generated by the 

18 study monitoring the effectiveness of the strategy; 

19 and 

20 (D) other means as necessary. 

21 (3) MATTERS INCLUDED.—The report submitted 

22 under paragraph (1) shall include a review of each 

23 strategy carried out with a grant under section 405, 

24 detailing— 


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1 (A) the type of crime or delinquency preven2 tion or intervention strategy; 

3 (B) where the activities under the strategy 

4 were carried out, including geographic and de5 mographic targets; 

6 (C) any partnerships with public or private 

7 entities through the course of the grant period; 

8 (D) the type and design of the effectiveness 

9 study conducted under section 405(b)(3) for that 

10 strategy; 

11 (E) the results of the effectiveness study con12 ducted under section 405(b)(3) for that strategy; 

13 (F) lessons learned regarding implementa14 tion of that strategy or of the effectiveness study 

15 conducted under section 405(b)(3), including rec16 ommendations regarding which types of environ17 ments might best be suited for successful replica18 tion; and 

19 (G) recommendations regarding the need for 

20 further research and development of the strategy. 

21 (h) PERSONNEL MATTERS.— 

22 (1) TRAVEL EXPENSES.—The members of the 

23 Commission shall be allowed travel expenses, includ24 ing per diem in lieu of subsistence, at rates author25 ized for employees of agencies under subchapter I of 


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1 chapter 57 of title 5, United States Code, while away 

2 from their homes or regular places of business in the 

3 performance of service for the Commission. 

4 (2) COMPENSATION OF MEMBERS.—Members of 

5 the Commission shall serve without compensation. 

6 (3) STAFF.— 

7 (A) IN GENERAL.—The chairperson of the 

8 Commission may, without regard to the civil 

9 service laws and regulations, appoint and termi10 nate an executive director and such other addi11 tional personnel as may be necessary to enable 

12 the Commission to perform its duties. The em13 ployment of an executive director shall be subject 

14 to confirmation by the Commission. 

15 (B) COMPENSATION.—The chairperson of 

16 the Commission may fix the compensation of the 

17 executive director and other personnel without 

18 regard to the provisions of chapter 51 and sub19 chapter III of chapter 53 of title 5, United States 

20 Code, relating to classification of positions and 

21 General Schedule pay rates, except that the rate 

22 of pay for the executive director and other per23 sonnel may not exceed the rate payable for level 

24 V of the Executive Schedule under section 5316 

25 of such title. 


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1 (4) DETAIL OF FEDERAL EMPLOYEES.—With the 

affirmative vote of 2 2 ⁄3 of the members of the Commis3 sion, any Federal Government employee, with the ap4 proval of the head of the appropriate Federal agency, 

5 may be detailed to the Commission without reim6 bursement, and such detail shall be without interrup7 tion or loss of civil service status, benefits, or privi8 leges. 

9 (i) CONTRACTS FOR RESEARCH.— 

10 (1) NATIONAL INSTITUTE OF JUSTICE.—With a 

2 11 ⁄3 affirmative vote of the members of the Commission, 

12 the Commission may select nongovernmental research13 ers and experts to assist the Commission in carrying 

14 out its duties under this title. The National Institute 

15 of Justice shall contract with the researchers and ex16 perts selected by the Commission to provide funding 

17 in exchange for their services. 

18 (2) OTHER ORGANIZATIONS.—Nothing in this 

19 subsection shall be construed to limit the ability of the 

20 Commission to enter into contracts with other entities 

21 or organizations for research necessary to carry out 

22 the duties of the Commission under this section. 

23 (j) AUTHORIZATION OF APPROPRIATIONS.—There are 

24 authorized to be appropriated $5,000,000 to carry out this 

25 section. 


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1 (k) TERMINATION.—The Commission shall terminate 

2 on the date that is 30 days after the date on which the Com3 mission submits the last report required by this section. 

4 (l) EXEMPTION.—The Commission shall be exempt 

5 from the Federal Advisory Committee Act. 

6 SEC. 405. INNOVATIVE CRIME PREVENTION AND INTERVEN7 TION STRATEGY GRANTS. 

8 (a) GRANTS AUTHORIZED.—The Director of the Na9 tional Institute of Justice may make grants to public and 

10 private entities to fund the implementation and evaluation 

11 of innovative crime or delinquency prevention or interven12 tion strategies. The purpose of grants under this section 

13 shall be to provide funds for all expenses related to the im14 plementation of such a strategy and to conduct a rigorous 

15 study on the effectiveness of that strategy. 

16 (b) GRANT DISTRIBUTION.— 

17 (1) PERIOD.—A grant under this section shall be 

18 made for a period of not more than 3 years. 

19 (2) AMOUNT.—The amount of each grant under 

20 this section— 

21 (A) shall be sufficient to ensure that rig22 orous evaluations may be performed; and 

23 (B) shall not exceed $2,000,000. 

24 (3) EVALUATION SET-ASIDE.— 


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1 (A) IN GENERAL.—A grantee shall use not 

2 less than $300,000 and not more than $700,000 

3 of the funds from a grant under this section for 

4 a rigorous study of the effectiveness of the strat5 egy during the 3-year period of the grant for 

6 that strategy. 

7 (B) METHODOLOGY OF STUDY.— 

8 (i) IN GENERAL.—Each study con9 ducted under subparagraph (A) shall use an 

10 evaluator and a study design approved by 

11 the employee of the National Institute of 

12 Justice hired or assigned under subsection 

13 (c). 

14 (ii) CRITERIA.—The employee of the 

15 National Institute of Justice hired or as16 signed under subsection (c) shall approve— 

17 (I) an evaluator that has success18 fully carried out multiple studies pro19 ducing rigorous evidence of effective20 ness; and 

21 (II) a proposed study design that 

22 is likely to produce rigorous evidence of 

23 the effectiveness of the strategy. 

24 (iii) APPROVAL.—Before a grant is 

25 awarded under this section, the evaluator 


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1 and study design of a grantee shall be ap2 proved by the employee of the National In3 stitute of Justice hired or assigned under 

4 subsection (c). 

5 (4) DATE OF AWARD.—Not later than 6 months 

6 after the date of receiving recommendations relating 

7 to a subcategory from the Commission under section 

8 404(f), the Director of the National Institute of Jus9 tice shall award all grants under this section relating 

10 to that subcategory. 

11 (5) TYPE OF GRANTS.—One-third of the grants 

12 made under this section shall be made in each sub13 category. In distributing grants, the recommendations 

14 of the Commission under section 404(f) shall be con15 sidered. 

16 (6) AUTHORIZATION OF APPROPRIATIONS.— 

17 There are authorized to be appropriated $18,000,000 

18 to carry out this subsection. 

19 (c) DEDICATED STAFF.— 

20 (1) IN GENERAL.—The Director of the National 

21 Institute of Justice shall hire or assign a full-time 

22 employee to oversee the grants under this section. 

23 (2) STUDY OVERSIGHT.—The employee of the 

24 National Institute of Justice hired or assigned under 

25 paragraph (1) shall be responsible for ensuring that 


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1 grantees adhere to the study design approved before 

2 the applicable grant was awarded. 

3 (3) LIAISON.—The employee of the National In4 stitute of Justice hired or assigned under paragraph 

5 (1) may be used as a liaison between the Commission 

6 and the recipients of a grant under this section. That 

7 employee shall be responsible for ensuring timely co8 operation with Commission requests. 

9 (4) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated $150,000 for 

11 each of fiscal years 2008 through 2012 to carry out 

12 this subsection. 

13 (d) APPLICATIONS.—A public or private entity desir14 ing a grant under this section shall submit an application 

15 at such time, in such manner, and accompanied by such 

16 information as the Director of the National Institute of Jus17 tice may reasonably require. 

18 (e) COOPERATION WITH THE COMMISSION.—Grant re19 cipients shall cooperate with the Commission in providing 

20 them with full information on the progress of the strategy 

21 being carried out with a grant under this section, includ22 ing— 

23 (1) hosting visits by the members of the Commis24 sion to the site where the activities under the strategy 

25 are being carried out; 


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1 (2) providing pertinent information on the logis2 tics of establishing the strategy for which the grant 

3 under this section was received, including details on 

4 partnerships, selection of participants, and any ef5 forts to publicize the strategy; and 

6 (3) responding to any specific inquiries that 

7 may be made by the Commission. 


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Calendar No. 290 

110TH CONGRESS 

1ST SESSION S. 456 

A BILL 

To increase and enhance law enforcement resources 

and for other purposes. pand and improve gang prevention programs, hance criminal penalties for violent crimes, to exmunities from violent criminals, to revise and encrime, to protect law-abiding citizens and comviolent gangs, to deter and punish violent gang committed to investigation and prosecution of 

JULY 30, 2007 

Reported with an amendment 


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