I 

110TH CONGRESS 

1ST SESSION S. 456 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2007 

Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce and Education and Labor, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

AN ACT 

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

to deter and punish violent gang crime, to protect lawabiding 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. 


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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 

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. Amendment of sentencing guidelines. 


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TITLE III—INCREASED FEDERAL RESOURCES TO DETER AND 

PREVENT SERIOUSLY AT-RISK YOUTH FROM JOINING ILLEGAL 

STREET GANGS AND FOR OTHER PURPOSES 

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

Sec. 302. Gang prevention grants. 

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

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

to investigate and prosecute violent criminal street gangs. 

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

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

involved youth. 

Sec. 307. Demonstration grants to encourage creative approaches to gang activity and after-school programs. 

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

Sec. 309. Witness protection services. 

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

Sec. 311. Family abduction prevention grant program. 

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

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

Sec. 314. Training at the national advocacy center. 

TITLE IV—CRIME PREVENTION AND INTERVENTION STRATEGIES 

Sec. 401. Short title. 

Sec. 402. Purposes. 

Sec. 403. Definitions. 

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

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

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 2.3 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 


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1 of 2006, and the Police Executive Research Forum 

2 reports that, among jurisdictions providing informa3 tion, homicides are up 10.21 percent, robberies are 

4 up 12.27 percent, and aggravated assaults with fire5 arms are up 9.98 percent since 2004; 

6 (3) these disturbing rises in violent crime are 

7 attributable in part to the spread of criminal street 

8 gangs and the willingness of gang members to com9 mit acts of violence and drug trafficking offenses; 

10 (4) according to a recent National Drug Threat 

11 Assessment, criminal street gangs are responsible for 

12 much of the retail distribution of the cocaine, meth13 amphetamine, heroin, and other illegal drugs being 

14 distributed in rural and urban communities through15 out the United States; 

16 (5) gangs commit acts of violence or drug of17 fenses for numerous motives, such as membership in 

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

19 and for profit; 

20 (6) gang presence and intimidation, and the or21 ganized and repetitive nature of the crimes that 

22 gangs and gang members commit, has a pernicious 

23 effect on the free flow of interstate commercial ac24 tivities and directly affects the freedom and security 

25 of communities plagued by gang activity, diminVerDate Aug 31 2005 00:12 Sep 26, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S456.RFH S456

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1 ishing the value of property, inhibiting the desire of 

2 national and multinational corporations to transact 

3 business in those communities, and in a variety of 

4 ways directly and substantially affecting interstate 

5 and foreign commerce; 

6 (7) gangs often recruit and utilize minors to en7 gage in acts of violence and other serious offenses 

8 out of a belief that the criminal justice systems are 

9 more lenient on juvenile offenders; 

10 (8) gangs often intimidate and threaten wit11 nesses to prevent successful prosecutions; 

12 (9) gangs prey upon and incorporate minors 

13 into their ranks, exploiting the fact that adolescents 

14 have immature decision-making capacity, therefore, 

15 gang activity and recruitment can be reduced and 

16 deterred through increased vigilance, appropriate 

17 criminal penalties, partnerships between Federal and 

18 State and local law enforcement, and proactive pre19 vention and intervention efforts, particularly tar20 geted at juveniles and young adults, prior to and 

21 even during gang involvement; 

22 (10) State and local prosecutors and law en23 forcement officers, in hearings before the Committee 

24 on the Judiciary of the Senate and elsewhere, have 

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1 vestigation, and prosecution of gang crimes and in 

2 the protection of witnesses and victims of gang 

3 crimes; and 

4 (11) because State and local prosecutors and 

5 law enforcement have the expertise, experience, and 

6 connection to the community that is needed to assist 

7 in combating gang violence, consultation and coordi8 nation between Federal, State, and local law enforce9 ment and collaboration with other community agen10 cies is critical to the successful prosecutions of 

11 criminal street gangs and reduction of gang prob12 lems. 

13 TITLE I—NEW FEDERAL CRIMI14 NAL LAWS NEEDED TO FIGHT 

15 VIOLENT NATIONAL, INTER16 NATIONAL, REGIONAL, AND 

17 LOCAL GANGS THAT AFFECT 

18 INTERSTATE AND FOREIGN 

19 COMMERCE 

20 SEC. 101. REVISION AND EXTENSION OF PENALTIES RE21 LATED TO CRIMINAL STREET GANG ACTIV22 ITY. 

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

24 States Code, is amended to read as follows: 


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1 ‘‘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. 

2 ‘‘§ 521. Definitions 

3 ‘‘In this chapter: 

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

5 ‘criminal street gang’ means a formal or informal 

6 group, organization, or association of 5 or more indi7 viduals— 

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

9 1 gang crime; and 

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

11 gang crimes (not less than 1 of which is a seri12 ous violent felony), in separate criminal epi13 sodes (not less than 1 of which occurs after the 

14 date of enactment of the Gang Abatement and 

15 Prevention Act of 2007, and the last of which 

16 occurs not later than 5 years after the commis17 sion of a prior gang crime (excluding any time 

18 of imprisonment for that individual)). 

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

20 means an offense under Federal law punishable by 

21 imprisonment for more than 1 year, or a felony of22 fense under State law that is punishable by a term 


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1 of imprisonment of 5 years or more in any of the 

2 following categories: 

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

4 use, attempted use, or threatened use of phys5 ical force against the person of another, or is 

6 burglary, arson, kidnapping, or extortion. 

7 ‘‘(B) A crime involving obstruction of jus8 tice, or tampering with or retaliating against a 

9 witness, victim, or informant. 

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

11 importing, distributing, possessing with intent 

12 to distribute, or otherwise trafficking in a con13 trolled substance or listed chemical (as those 

14 terms are defined in section 102 of the Con15 trolled Substances Act (21 U.S.C. 802)). 

16 ‘‘(D) Any conduct punishable under— 

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

18 materials); 

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

20 (where the underlying conviction is a vio21 lent felony or a serious drug offense (as 

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

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

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


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

2 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, identity theft, and related activity 

14 in connection with identification documents 

15 or access devices); 

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, sexual assault, pimping or pandering 

16 involving prostitution, sexual exploitation of 

17 children (including sections 2251, 2251A, 2252 

18 and 2260), peonage, slavery, or trafficking in 

19 persons (including sections 1581 through 1592) 

20 and sections 2421 through 2427 (relating to 

21 transport for illegal sexual activity). 

22 ‘‘(3) MINOR.—The term ‘minor’ means an indi23 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, co10 erce, or cause another person to be or remain as a member 

11 of a criminal street gang, or attempt or conspire to do 

12 so, with the intent to cause that person to participate in 

13 a gang crime, if the defendant travels in interstate or for14 eign commerce in the course of the offense, or if the activi15 ties of that criminal street gang are in or affect interstate 

16 or foreign commerce. 

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

18 shall— 

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

20 induced, commanded, coerced, or caused to partici21 pate or remain in a criminal street gang is a 

22 minor— 

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

24 not more than 10 years, or both; and 


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

2 judge, be liable for any costs incurred by the 

3 Federal Government, or by any State or local 

4 government, for housing, maintaining, and 

5 treating the minor until the person attains the 

6 age of 18 years; 

7 ‘‘(2) if the person who recruits, employs, solic8 its, induces, commands, coerces, or causes the par9 ticipation or remaining in a criminal street gang is 

10 incarcerated at the time the offense takes place, be 

11 fined under this title, imprisoned not more than 10 

12 years, or both; and 

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

14 imprisoned not more than 5 years, or both. 

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

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

17 shall be consecutive to any term imposed for any other 

18 offense. 

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

20 street gangs 

21 ‘‘(a) IN GENERAL.—It shall be unlawful for any per22 son, for the purpose of gaining entrance to or maintaining 

23 or increasing position in, or in furtherance of, or in asso24 ciation with, a criminal street gang, or as consideration 

25 for anything of pecuniary value to or from a criminal 


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1 street gang, to knowingly commit or threaten to commit 

2 against any individual a crime of violence that is an of3 fense under Federal law punishable by imprisonment for 

4 more than 1 year or a felony offense under State law that 

5 is punishable by a term of imprisonment of 5 years or 

6 more, or attempt or conspire to do so, if the activities of 

7 the criminal street gang occur in or affect interstate or 

8 foreign commerce. 

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

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

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

12 would violate section 2241 if the conduct occurred in 

13 the special maritime and territorial jurisdiction of 

14 the United States, or maiming, by imprisonment for 

15 any term of years or for life; 

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

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

18 more than 30 years; and 

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

20 more than 20 years. 

21 ‘‘§ 525. Forfeiture 

22 ‘‘(a) CRIMINAL FORFEITURE.—A person who is con23 victed of a violation of this chapter shall forfeit to the 

24 United States— 


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

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

3 the commission of, the violation; and 

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

5 any proceeds obtained, directly or indirectly, as a re6 sult of the violation. 

7 ‘‘(b) PROCEDURES APPLICABLE.—Pursuant to sec8 tion 2461(c) of title 28, the provisions of section 413 of 

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

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

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

12 (b) AMENDMENT RELATING TO PRIORITY OF FOR13 FEITURE OVER ORDERS FOR RESTITUTION.—Section 

14 3663(c)(4) of title 18, United States Code, is amended 

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

16 chapter 46, or’’. 

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

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

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

20 523 (relating to recruitment of persons to participate in 

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

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

23 541’’. 


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1 (d) AMENDMENT OF SPECIAL SENTENCING PROVI2 SION PROHIBITING PRISONER COMMUNICATIONS.—Sec3 tion 3582(d) of title 18, United States Code, is amended— 

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

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

6 (2) by inserting ‘‘a criminal street gang or’’ be7 fore ‘‘an illegal enterprise’’. 

8 TITLE II—VIOLENT CRIME RE9 FORMS TO REDUCE GANG VI10 OLENCE 

11 SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING AC12 TIVITY. 

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

14 amended— 

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

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

17 aid of an enterprise engaged in racketeering ac18 tivity,’’ before ‘‘murders,’’; and 

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

20 would violate section 2241 if the conduct oc21 curred in the special maritime and territorial 

22 jurisdiction of the United States,’’ before 

23 ‘‘maims,’’; 

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

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1 curred in the special maritime and territorial juris2 diction of the United States, or maiming,’’ after 

3 ‘‘kidnapping,’’; 

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

5 and inserting ‘‘assault resulting in serious bodily in6 jury’’; 

7 (4) in paragraph (3), by striking ‘‘or assault re8 sulting in serious bodily injury’’; 

9 (5) in paragraph (4)— 

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

11 ‘‘10 years’’; and 

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

13 (6) by striking paragraphs (5) and (6) and in14 serting the following: 

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

16 any offense under this section, by the same penalties 

17 (other than the death penalty) as those prescribed 

18 for the offense, the commission of which was the ob19 ject of the attempt or conspiracy.’’. 

20 SEC. 202. MURDER AND OTHER VIOLENT CRIMES COM21 MITTED DURING AND IN RELATION TO A 

22 DRUG TRAFFICKING CRIME. 

23 (a) IN GENERAL.—Part D of the Controlled Sub24 stances Act (21 U.S.C. 841 et seq.) is amended by adding 

25 at the end the following: 


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1 ‘‘SEC. 424. MURDER AND OTHER VIOLENT CRIMES COM2 MITTED DURING AND IN RELATION TO A 

3 DRUG TRAFFICKING CRIME. 

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

5 to any drug trafficking crime, knowingly commits any 

6 crime of violence against any individual that is an offense 

7 under Federal law punishable by imprisonment for more 

8 than 1 year or a felony offense under State law that is 

9 punishable by a term of imprisonment of 5 years or more, 

10 or threatens, attempts or conspires to do so, shall be pun11 ished by a fine under title 18, United States Code, and— 

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

13 would violate section 2241 if the conduct occurred in 

14 the special maritime and territorial jurisdiction of 

15 the United States, or maiming, by imprisonment for 

16 any term of years or for life; 

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

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

19 than one described in paragraph (1) by imprison20 ment for not more than 30 years; 

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

22 violent felony, by imprisonment for not more than 

23 20 years; and 

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

25 more than 10 years. 


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

2 section may be brought in— 

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

4 other crime of violence occurred; or 

5 ‘‘(2) any judicial district in which the drug traf6 ficking crime may be prosecuted. 

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

8 ‘‘(1) the term ‘crime of violence’ has the mean9 ing given that term in section 16 of title 18, United 

10 States Code; and 

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

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

13 18, United States Code.’’. 

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

15 for the Comprehensive Drug Abuse Prevention and Con16 trol Act of 1970 (Public Law 91–513; 84 Stat. 1236) is 

17 amended by inserting after the item relating to section 

18 423, the following: 

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

to a drug trafficking crime.’’. 

19 SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION 

20 AGAINST RELEASE OF PERSONS CHARGED 

21 WITH FIREARMS OFFENSES. 

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

23 amended in the matter following paragraph (3), by insert24 ing after ‘‘that the person committed’’ the following: ‘‘an 


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1 offense under subsection (g)(1) (where the underlying con2 viction is a drug trafficking crime or crime of violence (as 

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

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

5 922,’’. 

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

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

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 3299A. Violent crime offenses 

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

12 for any noncapital felony crime of violence, including any 

13 racketeering activity or gang crime which involves any 

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

15 information is instituted not later than 10 years after the 

16 date on which the alleged violation occurred or the con17 tinuing offense was completed.’’. 

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

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

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

‘‘3299A. Violent crime offenses.’’. 

21 SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FOR22 FEITURE BY WRONGDOING. 

23 The Judicial Conference of the United States shall 

24 study the necessity and desirability of amending section 

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1 troduction of statements against a party by a witness who 

2 has been made unavailable where it is reasonably foresee3 able by that party that wrongdoing would make the declar4 ant unavailable. 

5 SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FEL6 ONS. 

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

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

9 inserting the following: 

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

11 922(g) of this title and has previously been convicted by 

12 any court referred to in section 922(g)(1) of a violent fel13 ony or a serious drug offense shall— 

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

15 where a period of not more than 10 years has 

16 elapsed since the later of the date of conviction and 

17 the date of release of the person from imprisonment 

18 for that conviction, be imprisoned for not more than 

19 15 years, fined under this title, or both; 

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

21 committed on occasions different from one another, 

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

23 elapsed since the later of the date of conviction and 

24 the date of release of the person from imprisonment 

25 for the most recent such conviction, be imprisoned 


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

2 or both; and 

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

4 committed on occasions different from one another, 

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

6 elapsed since the later of date of conviction and the 

7 date of release of the person from imprisonment for 

8 the most recent such conviction, be imprisoned for 

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

10 and fined under this title, and notwithstanding any 

11 other provision of law, the court shall not suspend 

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

13 such person with respect to the conviction under sec14 tion 922(g).’’. 

15 (b) AMENDMENT TO SENTENCING GUIDELINES.— 

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

17 United States Code, the United States Sentencing Com18 mission shall amend the Federal Sentencing Guidelines to 

19 provide for an appropriate increase in the offense level for 

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

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

22 as amended by subsection (a). 


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1 SEC. 207. CONFORMING AMENDMENT. 

2 The matter preceding paragraph (1) in section 

3 922(d) of title 18, United States Code, is amended by in4 serting ‘‘, 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 com13 merce from the person of another by force and vio14 lence or by intimidation, causing a reasonable appre15 hension of fear of death or serious bodily injury in 

16 an individual, or attempts or conspires to do so, 

17 shall’’; 

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

19 and inserting ‘‘20 years’’; 

20 (3) in paragraph (2), by striking ‘‘or impris21 oned not more than 25 years, or both’’ and inserting 

22 ‘‘and imprisoned for any term of years or for life’’; 

23 and 

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

25 takes or attempts to take the motor vehicle in viola26 tion of this section with intent to cause death or 


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1 cause serious bodily injury, and’’ before ‘‘death re2 sults’’. 

3 (b) CLARIFICATION AND STRENGTHENING OF PROHI4 BITION ON ILLEGAL GUN TRANSFERS TO COMMIT DRUG

5 TRAFFICKING CRIME OR CRIME OF VIOLENCE.—Section 

6 924(h) of title 18, United States Code, is amended to read 

7 as follows: 

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

9 moved in or that otherwise affects interstate or foreign 

10 commerce, knowing that the firearm will be used to com11 mit, or possessed in furtherance of, a crime of violence 

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

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

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

15 (c) AMENDMENT OF SPECIAL SENTENCING PROVI16 SION RELATING TO LIMITATIONS ON CRIMINAL ASSOCIA17 TION.—Section 3582(d) of title 18, United States Code, 

18 is amended— 

19 (1) by inserting ‘‘chapter 26 of this title (crimi20 nal street gang prosecutions) or in’’ after ‘‘felony set 

21 forth in’’; and 

22 (2) by inserting ‘‘a criminal street gang or’’ be23 fore ‘‘an illegal enterprise’’. 

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

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


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1 or both.’’ and inserting ‘‘10 years (unless the maximum 

2 penalty for the crime that served as the object of the con3 spiracy has a maximum penalty of imprisonment of less 

4 than 10 years, in which case the maximum penalty under 

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

6 This paragraph does not supersede any other penalty spe7 cifically set forth for a conspiracy offense.’’. 

8 SEC. 209. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL 

9 PENALTIES. 

10 The Attorney General is authorized to conduct media 

11 campaigns in any area designated as a high intensity gang 

12 activity area under section 301 and any area with existing 

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

14 individuals in that area about the changes in criminal pen15 alties made by this Act, and shall report to the Committee 

16 on the Judiciary of the Senate and the Committee on the 

17 Judiciary of the House of Representatives the amount of 

18 expenditures and all other aspects of the media campaign. 

19 SEC. 210. STATUTE OF LIMITATIONS FOR TERRORISM OF20 FENSES. 

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

22 amended— 

23 (1) in the subsection heading, by striking 

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


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

2 and inserting ‘‘10 years’’. 

3 SEC. 211. CRIMES COMMITTED IN INDIAN COUNTRY OR EX4 CLUSIVE FEDERAL JURISDICTION AS RACK5 ETEERING PREDICATES. 

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

7 is amended by inserting ‘‘, or would have been so charge8 able if the act or threat (other than gambling) had not 

9 been committed in Indian country (as defined in section 

10 1151) or in any other area of exclusive Federal jurisdic11 tion,’’ after ‘‘chargeable under State law’’. 

12 SEC. 212. PREDICATE CRIMES FOR AUTHORIZATION OF 

13 INTERCEPTION OF WIRE, ORAL, AND ELEC14 TRONIC COMMUNICATIONS. 

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

16 amended— 

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

18 (r); 

19 (2) by redesignating paragraph (s) as para20 graph (u); and 

21 (3) by inserting after paragraph (r) the fol22 lowing: 

23 ‘‘(s) any violation of section 424 of the Con24 trolled Substances Act (relating to murder and other 


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1 violent crimes in furtherance of a drug trafficking 

2 crime); 

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

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

5 SEC. 213. CLARIFICATION OF HOBBS ACT. 

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

7 amended— 

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

9 the unlawful impersonation of a law enforcement of10 ficer (as that term is defined in section 245(c) of 

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

12 force,’’; and 

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

14 the unlawful impersonation of a law enforcement of15 ficer (as that term is defined in section 245(c) of 

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

17 threatened force,’’. 

18 SEC. 214. INTERSTATE TAMPERING WITH OR RETALIATION 

19 AGAINST A WITNESS, VICTIM, OR INFORMANT 

20 IN A STATE CRIMINAL PROCEEDING. 

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

22 States Code, is amended by inserting after section 1513 

23 the following: 


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1 ‘‘§ 1513A. Interstate tampering with or retaliation 

2 against a witness, victim, or informant in 

3 a State criminal proceeding 

4 ‘‘(a) IN GENERAL.—It shall be unlawful for any per5 son— 

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

7 or to use the mail or any facility in interstate or for8 eign commerce, or to employ, use, command, coun9 sel, persuade, induce, entice, or coerce any individual 

10 to do the same, with the intent to— 

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

12 force against any witness, informant, victim, or 

13 other participant in a State criminal proceeding 

14 in an effort to influence or prevent participation 

15 in such proceeding, or to retaliate against such 

16 individual for participating in such proceeding; 

17 or 

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

19 testifying any actual or prospective witness in a 

20 State criminal proceeding; or 

21 ‘‘(2) to attempt or conspire to commit an of22 fense under subparagraph (A) or (B) of paragraph 

23 (1). 

24 ‘‘(b) PENALTIES.— 

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

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


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1 ‘‘(A) shall be fined under this title, impris2 oned not more than 20 years, or both; and 

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

4 injury results, shall be fined under this title, 

5 imprisoned for any term of years or for life, or 

6 both. 

7 ‘‘(2) OTHER VIOLATIONS.—Any person who vio8 lates subsection (a)(1)(A) by threatened use of force 

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

10 shall be fined under this title, imprisoned not more 

11 than 10 years, or both. 

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

13 be brought in the district in which the official proceeding 

14 (whether or not pending, about to be instituted or was 

15 completed) was intended to be affected or was completed, 

16 or in which the conduct constituting the alleged offense 

17 occurred.’’. 

18 (b) CONFORMING AMENDMENT.—Section 1512 is 

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

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

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

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

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

24 and inserting the following: 

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


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1 and 

2 (2) by inserting after the item relating to sec3 tion 1513 the following: 

‘‘1513A. Interstate tampering with or retaliation against a witness, victim, or 

informant in a State criminal proceeding.’’. 

4 SEC. 215. AMENDMENT OF SENTENCING GUIDELINES. 

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

6 section 994 of title 28, United States Code, and in accord7 ance with this section, the United States Sentencing Com8 mission shall review and, if appropriate, amend its guide9 lines and policy statements to conform with this title and 

10 the amendments made by this title. 

11 (b) REQUIREMENTS.—In carrying out this section, 

12 the United States Sentencing Commission shall— 

13 (1) establish new guidelines and policy state14 ments, as warranted, in order to implement new or 

15 revised criminal offenses under this title and the 

16 amendments made by this title; 

17 (2) consider the extent to which the guidelines 

18 and policy statements adequately address— 

19 (A) whether the guidelines offense levels 

20 and enhancements— 

21 (i) are sufficient to deter and punish 

22 such offenses; and 

23 (ii) are adequate in view of the statu24 tory increases in penalties contained in this 


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1 title and the amendments made by this 

2 title; and 

3 (B) whether any existing or new specific 

4 offense characteristics should be added to re5 flect congressional intent to increase penalties 

6 for the offenses set forth in this title and the 

7 amendments made by this title; 

8 (3) ensure that specific offense characteristics 

9 are added to increase the guideline range— 

10 (A) by at least 2 offense levels, if a crimi11 nal defendant committing a gang crime or gang 

12 recruiting offense was an alien who was present 

13 in the United States in violation of section 275 

14 or 276 of the Immigration and Nationality Act 

15 (8 U.S.C. 1325 and 1326) at the time the of16 fense was committed; and 

17 (B) by at least 4 offense levels, if such de18 fendant had also previously been ordered re19 moved or deported under the Immigration and 

20 Nationality Act (8 U.S.C. 1101 et seq.) on the 

21 grounds of having committed a crime; 

22 (4) determine under what circumstances a sen23 tence of imprisonment imposed under this title or 

24 the amendments made by this title shall run con25 secutively to any other sentence of imprisonment imVerDate Aug 31 2005 00:12 Sep 26, 2007 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S456.RFH S456

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1 posed for any other crime, except that the Commis2 sion shall ensure that a sentence of imprisonment 

3 imposed under section 424 of the Controlled Sub4 stances Act (21 U.S.C. 841 et seq.), as added by 

5 this Act, shall run consecutively, to an extent that 

6 the Sentencing Commission determines appropriate, 

7 to the sentence imposed for the underlying drug 

8 trafficking offense; 

9 (5) account for any aggravating or mitigating 

10 circumstances that might justify exceptions to the 

11 generally applicable sentencing ranges; 

12 (6) ensure reasonable consistency with other 

13 relevant directives, other sentencing guidelines, and 

14 statutes; 

15 (7) make any necessary and conforming 

16 changes to the sentencing guidelines and policy 

17 statements; and 

18 (8) ensure that the guidelines adequately meet 

19 the purposes of sentencing set forth in section 

20 3553(a)(2) of title 18, United States Code. 


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1 TITLE III—INCREASED FEDERAL 

2 RESOURCES TO DETER AND 

3 PREVENT SERIOUSLY AT-RISK 

4 YOUTH FROM JOINING ILLE5 GAL STREET GANGS AND FOR 

6 OTHER PURPOSES 

7 SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH IN8 TENSITY GANG ACTIVITY AREAS. 

9 (a) DEFINITIONS.—In this section: 

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

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

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

13 chief executive of a Commonwealth, territory, or pos14 session of the United States. 

15 (2) HIGH INTENSITY GANG ACTIVITY AREA.— 

16 The term ‘‘high intensity gang activity area’’ or 

17 ‘‘HIGAA’’ means an area within 1 or more States 

18 or Indian country that is designated as a high inten19 sity gang activity area under subsection (b)(1). 

20 (3) INDIAN COUNTRY.—The term ‘‘Indian coun21 try’’ has the meaning given the term in section 1151 

22 of title 18, United States Code. 

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

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


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1 the Indian Self-Determination and Education Assist2 ance Act (25 U.S.C. 450b(e)). 

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

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

5 any commonwealth, territory, or possession of the 

6 United States. 

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

8 means the chief executive officer representing the 

9 governing body of an Indian tribe. 

10 (b) HIGH INTENSITY GANG ACTIVITY AREAS.— 

11 (1) DESIGNATION.—The Attorney General, 

12 after consultation with the Governors of appropriate 

13 States, may designate as high intensity gang activity 

14 areas, specific areas that are located within 1 or 

15 more States, which may consist of 1 or more munici16 palities, counties, or other jurisdictions as appro17 priate. 

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

19 assistance to high intensity gang activity areas, the 

20 Attorney General shall— 

21 (A) establish local collaborative working 

22 groups, which shall include— 

23 (i) criminal street gang enforcement 

24 teams, consisting of Federal, State, tribal, 

25 and local law enforcement authorities, for 


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1 the coordinated investigation, disruption, 

2 apprehension, and prosecution of criminal 

3 street gangs and offenders in each high in4 tensity gang activity area; 

5 (ii) educational, community, and faith 

6 leaders in the area; 

7 (iii) service providers in the commu8 nity, including those experienced at reach9 ing youth and adults who have been in10 volved in violence and violent gangs or 

11 groups, to provide gang-involved or seri12 ously at-risk youth with positive alter13 natives to gangs and other violent groups 

14 and to address the needs of those who 

15 leave gangs and other violent groups, and 

16 those reentering society from prison; and 

17 (iv) evaluation teams to research and 

18 collect information, assess data, rec19 ommend adjustments, and generally assure 

20 the accountability and effectiveness of pro21 gram implementation; 

22 (B) direct the reassignment or detailing 

23 from any Federal department or agency (sub24 ject to the approval of the head of that depart25 ment or agency, in the case of a department or 


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1 agency other than the Department of Justice) 

2 of personnel to each criminal street gang en3 forcement team; 

4 (C) direct the reassignment or detailing of 

5 representatives from— 

6 (i) the Department of Justice; 

7 (ii) the Department of Education; 

8 (iii) the Department of Labor; 

9 (iv) the Department of Health and 

10 Human Services; 

11 (v) the Department of Housing and 

12 Urban Development; and 

13 (vi) any other Federal department or 

14 agency (subject to the approval of the head 

15 of that department or agency, in the case 

16 of a department or agency other than the 

17 Department of Justice) to each high inten18 sity gang activity area to identify and co19 ordinate efforts to access Federal pro20 grams and resources available to provide 

21 gang prevention, intervention, and reentry 

22 assistance; 

23 (D) prioritize and administer the Federal 

24 program and resource requests made by the 

25 local collaborative working group established 


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1 under subparagraph (A) for each high intensity 

2 gang 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 op13 eration of such teams through the sharing of 

14 intelligence and best practices and for any other 

15 related purpose. 

16 (3) COMPOSITION OF CRIMINAL STREET GANG

17 ENFORCEMENT TEAM.—Each team established 

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

19 and officers, 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 

14 gang 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 

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1 tions, and other organizations have committed 

2 resources to— 

3 (i) respond to the gang crime prob4 lem; 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 

14 General establishes a high intensity gang activity 

15 area that substantially overlaps geographically with 

16 any existing high intensity drug trafficking area (in 

17 this section referred to as a ‘‘HIDTA’’), the Attor18 ney General shall direct the local collaborative work19 ing group for that high intensity gang activity area 

20 to enter into an agreement with the Executive Board 

21 for that HIDTA, providing that— 

22 (A) the Executive Board of that HIDTA 

23 shall establish a separate high intensity gang 

24 activity area law enforcement steering com25 mittee, and select (with a preference for FedVerDate Aug 31 2005 00:12 Sep 26, 2007 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S456.RFH S456

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1 eral, State, and local law enforcement agencies 

2 that are within the geographic area of that high 

3 intensity gang activity area) the members of 

4 that committee, subject to the concurrence of 

5 the Attorney 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 

11 consulting with, and consistent with the goals 

12 and strategies established by, that local collabo13 rative 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 inten19 sity gang activity area, the members of the 

20 Criminal Street Gang Enforcement Team, in 

21 accordance 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 over2 laps, utilize the intelligence-sharing, administra3 tive, and other resources of that HIDTA. 

4 (c) REPORTING REQUIREMENTS.— 

5 (1) IN GENERAL.—Not later than December 1 

6 of each year, the Attorney General shall submit a re7 port to the appropriate committees of Congress and 

8 the Director of the Office of Management and Budg9 et and the Domestic Policy Council that describes, 

10 for each designated high intensity gang activity 

11 area— 

12 (A) the specific long-term and short-term 

13 goals and objectives; 

14 (B) the measurements used to evaluate the 

15 performance of the high intensity gang activity 

16 area in achieving the long-term and short-term 

17 goals; 

18 (C) the age, composition, and membership 

19 of gangs; 

20 (D) the number and nature of crimes com21 mitted by gangs and gang members; 

22 (E) the definition of the term ‘‘gang’’ used 

23 to compile that report; and 


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1 (F) the programmatic outcomes and fund2 ing need of the high intensity gang area, includ3 ing— 

4 (i) an evidence-based analysis of the 

5 best practices and outcomes from the work 

6 of the relevant local collaborative working 

7 group; and 

8 (ii) an analysis of whether Federal re9 sources distributed meet the needs of the 

10 high intensity gang activity area and, if 

11 any programmatic funding shortfalls exist, 

12 recommendations for programs or funding 

13 to meet such shortfalls. 

14 (2) APPROPRIATE COMMITTEES.—In this sub15 section, the term ‘‘appropriate committees of Con16 gress’’ means— 

17 (A) the Committee on the Judiciary, the 

18 Committee on Appropriations, and the Com19 mittee on Health, Education, Labor, and Pen20 sions of the Senate; and 

21 (B) the Committee on the Judiciary, the 

22 Committee on Appropriations, the Committee 

23 on Education and Labor, and the Committee on 

24 Energy and Commerce of the House of Rep25 resentatives. 


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1 (d) ADDITIONAL ASSISTANT UNITED STATES ATTOR2 NEYS.—The Attorney General is authorized to hire 94 ad3 ditional Assistant United States attorneys, and non4 attorney coordinators and paralegals as necessary, to 

5 carry out the provisions of this section. 

6 (e) ADDITIONAL DEFENSE COUNSEL.—In each of 

7 the fiscal years 2008 through 2012, the Director of the 

8 Administrative Office of the United States Courts is au9 thorized to hire 71 additional attorneys, nonattorney coor10 dinators, and investigators, as necessary, in Federal De11 fender Programs and Federal Community Defender Orga12 nizations, and to make additional payments as necessary 

13 to retain appointed counsel under section 3006A of title 

14 18, United States Code, to adequately respond to any in15 creased or expanded caseloads that may occur as a result 

16 of this Act or the amendments made by this Act. Funding 

17 under this subsection shall not exceed the funding levels 

18 under subsection (d). 

19 (f) NATIONAL GANG RESEARCH, EVALUATION, AND

20 POLICY INSTITUTE.— 

21 (1) IN GENERAL.—The Office of Justice Pro22 grams of the Department of Justice, after consulting 

23 with relevant law enforcement officials, practitioners 

24 and researchers, shall establish a National Gang ReVerDate Aug 31 2005 00:12 Sep 26, 2007 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S456.RFH S456

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1 search, Evaluation, and Policy Institute (in this sub2 section referred to as the ‘‘Institute’’). 

3 (2) ACTIVITIES.—The Institute shall— 

4 (A) promote and facilitate the implementa5 tion of data-driven, effective gang violence sup6 pression, prevention, intervention, and reentry 

7 models, such as the Operation Ceasefire model, 

8 the Strategic Public Health Approach, the 

9 Gang Reduction Program, or any other prom10 ising municipally driven, comprehensive commu11 nity-wide strategy that is demonstrated to be 

12 effective in reducing gang violence; 

13 (B) assist jurisdictions by conducting time14 ly research on effective models and designing 

15 and promoting implementation of effective local 

16 strategies, including programs that have objec17 tives and data on how they reduce gang violence 

18 (including shootings and killings), using preven19 tion, outreach, and community approaches, and 

20 that demonstrate the efficacy of these ap21 proaches; and 

22 (C) provide and contract for technical as23 sistance as needed in support of its mission. 

24 (3) NATIONAL CONFERENCE.—Not later than 

25 90 days after the date of its formation, the Institute 


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1 shall design and conduct a national conference to re2 duce and prevent gang violence, and to teach and 

3 promote gang violence prevention, intervention, and 

4 reentry strategies. The conference shall be attended 

5 by appropriate representatives from criminal street 

6 gang enforcement teams, and local collaborative 

7 working groups, including representatives of edu8 cational, community, religious, and social service or9 ganizations, and gang program and policy research 

10 evaluators. 

11 (4) NATIONAL DEMONSTRATION SITES.—Not 

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

13 the Institute shall select appropriate HIGAA areas 

14 to serve as primary national demonstration sites, 

15 based on the nature, concentration, and distribution 

16 of various gang types, the jurisdiction’s established 

17 capacity to integrate prevention, intervention, re18 entry and enforcement efforts, and the range of par19 ticular gang-related issues. After establishing pri20 mary national demonstration sites, the Institute 

21 shall establish such other secondary sites, to be 

22 linked to and receive evaluation, research, and tech23 nical assistance through the primary sites, as it may 

24 determine appropriate. 


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1 (5) DISSEMINATION OF INFORMATION.—Not 

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

3 the Institute shall develop and begin dissemination 

4 of information about methods to effectively reduce 

5 and prevent gang violence, including guides, research 

6 and assessment models, case studies, evaluations, 

7 and best practices. The Institute shall also create a 

8 website, designed to support the implementation of 

9 successful gang violence prevention models, and dis10 seminate appropriate information to assist jurisdic11 tions in reducing gang violence. 

12 (6) GANG INTERVENTION ACADEMIES.—Not 

13 later than 6 months after the date of its formation, 

14 the Institute shall, either directly or through con15 tracts with qualified nonprofit organizations, estab16 lish not less than 1 training academy, located in a 

17 high intensity gang activity area, to promote effec18 tive gang intervention and community policing. The 

19 purposes of an academy established under this para20 graph shall be to increase professionalism of gang 

21 intervention workers, improve officer training for 

22 working with gang intervention workers, create best 

23 practices for independent cooperation between offi24 cers and intervention workers, and develop training 

25 for community policing. 


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1 (7) SUPPORT.—The Institute shall obtain initial 

2 and continuing support from experienced researchers 

3 and practitioners, as it determines necessary, to test 

4 and assist in implementing its strategies nationally, 

5 regionally, and locally. 

6 (8) RESEARCH AGENDA.—The Institute shall 

7 establish and implement a core research agenda de8 signed to address areas of particular challenge, in9 cluding— 

10 (A) how best to apply and continue to test 

11 the models described in paragraph (2) in par12 ticularly large jurisdictions; 

13 (B) how to foster and maximize the con14 tinuing impact of community moral voices in 

15 this context; 

16 (C) how to ensure the long-term sustain17 ability of reduced violent crime levels once ini18 tial levels of enthusiasm may subside; and 

19 (D) how to apply existing intervention 

20 frameworks to emerging local, regional, na21 tional, or international gang problems, such as 

22 the emergence of the gang known as MS–13. 

23 (9) EVALUATION.—The National Institute of 

24 Justice shall evaluate, on a continuing basis, com25 prehensive gang violence prevention, intervention, 


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1 suppression, and reentry strategies supported by the 

2 Institute, and shall report the results of these eval3 uations by no later than October 1 each year to the 

4 Committee on the Judiciary of the Senate and the 

5 Committee on the Judiciary of the House of Rep6 resentatives. 

7 (10) FUNDS.—The Attorney General shall use 

8 not less than 3 percent, and not more than 5 per9 cent, of the amounts made available under this sec10 tion to establish and operate the Institute. 

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

12 a local collaborative working group under this section for 

13 each fiscal year that are remaining after the costs of hir14 ing a full time coordinator for the local collaborative ef15 fort— 

16 (1) 50 percent shall be used for the operation 

17 of criminal street gang enforcement teams; and 

18 (2) 50 percent shall be used— 

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

20 alternatives to gangs and other violent groups 

21 and to address the needs of those who leave 

22 gangs and other violent groups through— 

23 (i) service providers in the community, 

24 including schools and school districts; and 


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1 (ii) faith leaders and other individuals 

2 experienced at reaching youth who have 

3 been involved in violence and violent gangs 

4 or groups; 

5 (B) for the establishment and operation of 

6 the National Gang Research, Evaluation, and 

7 Policy Institute; and 

8 (C) to support and provide technical assist9 ance to research in criminal justice, social serv10 ices, and community gang violence prevention 

11 collaborations. 

12 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this section 

14 $75,000,000 for each of fiscal years 2008 through 2012. 

15 Any funds made available under this subsection shall re16 main available until expended. 

17 SEC. 302. GANG PREVENTION GRANTS. 

18 (a) AUTHORITY TO MAKE GRANTS.—The Office of 

19 Justice Programs of the Department of Justice may make 

20 grants, in accordance with such regulations as the Attor21 ney General may prescribe, to States, units of local gov22 ernment, tribal governments, and qualified private enti23 ties, to develop community-based programs that provide 

24 crime prevention, research, and intervention services that 

25 are designed for gang members and at-risk youth. 


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1 (b) USE OF GRANT AMOUNTS.—A grant under this 

2 section may be used (including through subgrants) for— 

3 (1) preventing initial gang recruitment and in4 volvement among younger teenagers; 

5 (2) reducing gang involvement through non6 violent and constructive activities, such as commu7 nity service programs, development of nonviolent 

8 conflict resolution skills, employment and legal as9 sistance, family counseling, and other safe, commu10 nity-based alternatives for high-risk youth; 

11 (3) developing in-school and after-school gang 

12 safety, control, education, and resistance procedures 

13 and programs; 

14 (4) identifying and addressing early childhood 

15 risk factors for gang involvement, including parent 

16 training and childhood skills development; 

17 (5) identifying and fostering protective factors 

18 that buffer children and adolescents from gang in19 volvement; 

20 (6) developing and identifying investigative pro21 grams designed to deter gang recruitment, involve22 ment, and activities through effective intelligence 

23 gathering; 

24 (7) developing programs and youth centers for 

25 first-time nonviolent offenders facing alternative 


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1 penalties, such as mandated participation in commu2 nity service, restitution, counseling, and education 

3 and prevention programs; 

4 (8) implementing regional, multidisciplinary ap5 proaches to combat gang violence though coordi6 nated programs for prevention and intervention (in7 cluding street outreach programs and other peace8 making activities) or coordinated law enforcement 

9 activities (including regional gang task forces and 

10 regional crime mapping strategies that enhance fo11 cused prosecutions and reintegration strategies for 

12 offender reentry); or 

13 (9) identifying at-risk and high-risk students 

14 through home visits organized through joint collabo15 rations between law enforcement, faith-based organi16 zations, schools, and social workers. 

17 (c) GRANT REQUIREMENTS.— 

18 (1) MAXIMUM.—The amount of a grant under 

19 this section may not exceed $1,000,000. 

20 (2) CONSULTATION AND COOPERATION.—Each 

21 recipient of a grant under this section shall have in 

22 effect on the date of the application by that entity 

23 agreements to consult and cooperate with local, 

24 State, or Federal law enforcement and participate, 


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1 as appropriate, in coordinated efforts to reduce gang 

2 activity and violence. 

3 (d) ANNUAL REPORT.—Each recipient of a grant 

4 under this section shall submit to the Attorney General, 

5 for each year in which funds from a grant received under 

6 this section are expended, a report containing— 

7 (1) a summary of the activities carried out with 

8 grant funds during that year; 

9 (2) an assessment of the effectiveness of the 

10 crime prevention, research, and intervention activi11 ties of the recipient, based on data collected by the 

12 grant recipient; 

13 (3) a strategic plan for the year following the 

14 year described in paragraph (1); 

15 (4) evidence of consultation and cooperation 

16 with local, State, or Federal law enforcement or, if 

17 the grant recipient is a government entity, evidence 

18 of consultation with an organization engaged in any 

19 activity described in subsection (b); and 

20 (5) such other information as the Attorney 

21 General may require. 

22 (e) DEFINITION.—In this section, the term ‘‘units of 

23 local government’’ includes sheriffs departments, police 

24 departments, and local prosecutor offices. 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for grants under this 

3 section $35,000,000 for each of the fiscal years 2008 

4 through 2012. 

5 SEC. 303. ENHANCEMENT OF PROJECT SAFE NEIGHBOR6 HOODS INITIATIVE TO IMPROVE ENFORCE7 MENT OF CRIMINAL LAWS AGAINST VIOLENT 

8 GANGS. 

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

10 Project Safe Neighborhoods as a comprehensive, strategic 

11 approach to reducing gun violence in America, the Attor12 ney General is authorized to expand the Project Safe 

13 Neighborhoods program to require each United States at14 torney to— 

15 (1) identify, investigate, and prosecute signifi16 cant criminal street gangs operating within their dis17 trict; and 

18 (2) coordinate the identification, investigation, 

19 and prosecution of criminal street gangs among Fed20 eral, State, and local law enforcement agencies. 

21 (b) ADDITIONAL STAFF FOR PROJECT SAFE NEIGH22 BORHOODS.— 

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

24 hire Assistant United States attorneys, non-attorney 


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1 coordinators, or paralegals to carry out the provi2 sions of this section. 

3 (2) ENFORCEMENT.—The Attorney General 

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

5 Explosives agents for, and otherwise expend addi6 tional resources in support of, the Project Safe 

7 Neighborhoods/Firearms Violence Reduction pro8 gram. 

9 (3) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated 

11 $20,000,000 for each of fiscal years 2008 through 

12 2012 to carry out this section. Any funds made 

13 available under this paragraph shall remain available 

14 until expended. 

15 SEC. 304. ADDITIONAL RESOURCES NEEDED BY THE FED16 ERAL BUREAU OF INVESTIGATION TO INVES17 TIGATE AND PROSECUTE VIOLENT CRIMINAL 

18 STREET GANGS. 

19 (a) EXPANSION OF SAFE STREETS PROGRAM.—The 

20 Attorney General is authorized to expand the Safe Streets 

21 Program of the Federal Bureau of Investigation for the 

22 purpose of supporting criminal street gang enforcement 

23 teams. 

24 (b) NATIONAL GANG ACTIVITY DATABASE.— 


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1 (1) IN GENERAL.—The Attorney General shall 

2 establish a National Gang Activity Database to be 

3 housed at and administered by the Department of 

4 Justice. 

5 (2) DESCRIPTION.—The database required by 

6 paragraph (1) shall— 

7 (A) be designed to disseminate gang infor8 mation to law enforcement agencies throughout 

9 the country and, subject to appropriate con10 trols, to disseminate aggregate statistical infor11 mation to other members of the criminal justice 

12 system, community leaders, academics, and the 

13 public; 

14 (B) contain critical information on gangs, 

15 gang members, firearms, criminal activities, ve16 hicles, and other information useful for inves17 tigators in solving and reducing gang-related 

18 crimes; 

19 (C) operate in a manner that enables law 

20 enforcement agencies to— 

21 (i) identify gang members involved in 

22 crimes; 

23 (ii) track the movement of gangs and 

24 members throughout the region; 


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1 (iii) coordinate law enforcement re2 sponse to gang violence; 

3 (iv) enhance officer safety; 

4 (v) provide realistic, up-to-date figures 

5 and statistical data on gang crime and vio6 lence; 

7 (vi) forecast trends and respond ac8 cordingly; and 

9 (vii) more easily solve crimes and pre10 vent violence; and 

11 (D) be subject to guidelines, issued by the 

12 Attorney General, specifying the criteria for 

13 adding information to the database, the appro14 priate period for retention of such information, 

15 and a process for removing individuals from the 

16 database, and prohibiting disseminating gang 

17 information to any entity that is not a law en18 forcement agency, except aggregate statistical 

19 information where appropriate. 

20 (3) USE OF RISS SECURE INTRANET.—From 

21 amounts made available to carry out this section, the 

22 Attorney General shall provide the Regional Infor23 mation Sharing Systems such sums as are necessary 

24 to use the secure intranet known as RISSNET to 

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1 tems (including the RISSGang National Gang Data2 base) with the National Gang Activity Database, 

3 thereby facilitating the automated information ex4 change of existing gang data by all connected sys5 tems without the need for additional databases or 

6 data replication. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—In addition to amounts oth9 erwise authorized, there are authorized to be appro10 priated to the Attorney General $10,000,000 for 

11 each of fiscal years 2008 through 2012 to carry out 

12 this section. 

13 (2) AVAILABILITY.—Any amounts appropriated 

14 under paragraph (1) shall remain available until ex15 pended. 

16 SEC. 305. GRANTS TO PROSECUTORS AND LAW ENFORCE17 MENT TO COMBAT VIOLENT CRIME. 

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

19 Crime Control and Law Enforcement Act of 1994 (42 

20 U.S.C. 13862) is amended— 

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

22 end; 

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

24 the end and inserting a semicolon; and 

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


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

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

3 and 

4 ‘‘(B) reduce backlogs; and 

5 ‘‘(6) to fund technology, equipment, and train6 ing for prosecutors and law enforcement in order to 

7 increase accurate identification of gang members 

8 and violent offenders, and to maintain databases 

9 with such information to facilitate coordination 

10 among law enforcement and prosecutors.’’. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 31707 of the Violent Crime Control and Law Enforcement 

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

14 follows: 

15 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated 

17 $20,000,000 for each of the fiscal years 2008 through 

18 2012 to carry out this subtitle.’’. 

19 SEC. 306. EXPANSION AND REAUTHORIZATION OF THE 

20 MENTORING INITIATIVE FOR SYSTEM IN21 VOLVED YOUTH. 

22 (a) EXPANSION.—Section 261(a) of the Juvenile Jus23 tice and Delinquency Prevention Act of 1974 (42 U.S.C. 

24 5665(a)) is amended by adding at the end the following: 


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1 ‘‘The Administrator shall expand the number of sites re2 ceiving such grants from 4 to 12.’’. 

3 (b) AUTHORIZATION OF PROGRAM.—Section 299(c) 

4 of the Juvenile Justice and Delinquency Prevention Act 

5 of 1974 (42 U.S.C. 5671(c)) is amended— 

6 (1) by striking ‘‘There are authorized’’ and in7 serting the following: 

8 ‘‘(1) IN GENERAL.—There are authorized’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR

11 MENTORING INITIATIVE.—There are authorized to 

12 be appropriated to carry out the Mentoring Initiative 

13 for System Involved Youth Program under part E 

14 $4,800,000 for each of fiscal years 2008 through 

15 2012.’’. 

16 SEC. 307. DEMONSTRATION GRANTS TO ENCOURAGE CRE17 ATIVE APPROACHES TO GANG ACTIVITY AND 

18 AFTER-SCHOOL PROGRAMS. 

19 (a) IN GENERAL.—The Attorney General may make 

20 grants to public or nonprofit private entities (including 

21 faith-based organizations) for the purpose of assisting the 

22 entities in carrying out projects involving innovative ap23 proaches to combat gang activity. 

24 (b) CERTAIN APPROACHES.—Approaches under sub25 section (a) may include the following: 


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1 (1) Encouraging teen-driven approaches to 

2 gang activity prevention. 

3 (2) Educating parents to recognize signs of 

4 problems and potential gang involvement in their 

5 children. 

6 (3) Teaching parents the importance of a nur7 turing family and home environment to keep chil8 dren out of gangs. 

9 (4) Facilitating communication between parents 

10 and children, especially programs that have been 

11 evaluated and proven effective. 

12 (c) MATCHING FUNDS.— 

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

14 make a grant under this section only if the entity re15 ceiving the grant agrees to make available (directly 

16 or through donations from public or private entities) 

17 non-Federal contributions toward the cost of activi18 ties to be performed with that grant in an amount 

19 that is not less than 25 percent of such costs. 

20 (2) DETERMINATION OF AMOUNT CONTRIB21 UTED.—Non-Federal contributions required under 

22 paragraph (1) may be in cash or in kind, fairly eval23 uated, including facilities, equipment, or services. 

24 Amounts provided by the Federal Government, or 

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1 tent by the Federal Government, may not be in2 cluded in determining the amount of such non-Fed3 eral contributions. 

4 (d) EVALUATION OF PROJECTS.— 

5 (1) IN GENERAL.—The Attorney General shall 

6 establish criteria for the evaluation of projects in7 volving innovative approaches under subsection (a). 

8 (2) GRANTEES.—A grant may be made under 

9 subsection (a) only if the entity involved— 

10 (A) agrees to conduct evaluations of the 

11 approach in accordance with the criteria estab12 lished under paragraph (1); 

13 (B) agrees to submit to the Attorney Gen14 eral reports describing the results of the evalua15 tions, as the Attorney General determines to be 

16 appropriate; and 

17 (C) submits to the Attorney General, in 

18 the application under subsection (e), a plan for 

19 conducting the evaluations. 

20 (e) APPLICATION FOR GRANT.—A public or nonprofit 

21 private entity desiring a grant under this section shall sub22 mit an application in such form, in such manner, and con23 taining such agreements, assurances, and information (in24 cluding the agreements under subsections (c) and (d) and 


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1 the plan under subsection (d)(2)(C)) as the Attorney Gen2 eral determines appropriate. 

3 (f) REPORT TO CONGRESS.—Not later than February 

4 1 of each year, the Attorney General shall submit to Con5 gress a report describing the extent to which the ap6 proaches under subsection (a) have been successful in re7 ducing the rate of gang activity in the communities in 

8 which the approaches have been carried out. Each report 

9 under this subsection shall describe the various ap10 proaches used under subsection (a) and the effectiveness 

11 of each of the approaches. 

12 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated $5,000,000 to carry out 

14 this section for each of the fiscal years 2008 through 

15 2012. 

16 SEC. 308. SHORT-TERM STATE WITNESS PROTECTION SEC17 TION. 

18 (a) ESTABLISHMENT.— 

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

20 United States Code, is amended by adding at the 

21 end the following: 

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

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

24 United States Marshals Service a Short-Term State Wit25 ness Protection Section which shall provide protection for 


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1 witnesses in State and local trials involving homicide or 

2 other major violent crimes pursuant to cooperative agree3 ments with State and local criminal prosecutor’s offices 

4 and the United States attorney for the District of Colum5 bia. 

6 ‘‘(b) ELIGIBILITY.— 

7 ‘‘(1) IN GENERAL.—The Short-Term State Wit8 ness Protection Section shall give priority in award9 ing grants and providing services to— 

10 ‘‘(A) criminal prosecutor’s offices for 

11 States with an average of not less than 100 

12 murders per year; and 

13 ‘‘(B) criminal prosecutor’s offices for juris14 dictions that include a city, town, or township 

15 with an average violent crime rate per 100,000 

16 inhabitants that is above the national average. 

17 ‘‘(2) CALCULATION.—The rate of murders and 

18 violent crime under paragraph (1) shall be calculated 

19 using the latest available crime statistics from the 

20 Federal Bureau of Investigation during 5-year pe21 riod immediately preceding an application for protec22 tion.’’. 

23 (2) CHAPTER ANALYSIS.—The chapter analysis 

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


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1 amended by striking the items relating to sections 

2 570 through 576 and inserting the following: 

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

3 (b) GRANT PROGRAM.— 

4 (1) DEFINITIONS.—In this subsection— 

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

6 means a State or local criminal prosecutor’s of7 fice or the United States attorney for the Dis8 trict of Columbia; and 

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

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

11 title 18, United States Code. 

12 (2) GRANTS AUTHORIZED.— 

13 (A) IN GENERAL.—The Attorney General 

14 is authorized to make grants to eligible prosecu15 tor’s offices for purposes of identifying wit16 nesses in need of protection or providing short 

17 term protection to witnesses in trials involving 

18 homicide or serious violent felony. 

19 (B) ALLOCATION.—Each eligible prosecu20 tor’s office receiving a grant under this sub21 section may— 

22 (i) use the grant to identify witnesses 

23 in need of protection or provide witness 

24 protection (including tattoo removal serv25 ices); or 


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1 (ii) pursuant to a cooperative agree2 ment with the Short-Term State Witness 

3 Protection Section of the United States 

4 Marshals Service, credit the grant to the 

5 Short-Term State Witness Protection Sec6 tion to cover the costs to the section of 

7 providing witness protection on behalf of 

8 the eligible prosecutor’s office. 

9 (3) APPLICATION.— 

10 (A) IN GENERAL.—Each eligible prosecu11 tor’s office desiring a grant under this sub12 section shall submit an application to the Attor13 ney General at such time, in such manner, and 

14 accompanied by such information as the Attor15 ney General may reasonably require. 

16 (B) CONTENTS.—Each application sub17 mitted under subparagraph (A) shall— 

18 (i) describe the activities for which as19 sistance under this subsection is sought; 

20 and 

21 (ii) provide such additional assurances 

22 as the Attorney General determines to be 

23 essential to ensure compliance with the re24 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 (Co7 operation of other Federal agencies and State govern8 ments; reimbursement of expenses) is amended by adding 

9 at the end the following: 

10 ‘‘(c) In any case in which a State government re11 quests the Attorney General to provide temporary protec12 tion under section 3521(e) of this title, the costs of pro13 viding temporary protection are not reimbursable if the 

14 investigation or prosecution in any way relates to crimes 

15 of violence committed by a criminal street gang, as defined 

16 under the laws of the relevant State seeking assistance 

17 under this title.’’. 

18 SEC. 310. EXPANSION OF FEDERAL WITNESS RELOCATION 

19 AND PROTECTION PROGRAM. 

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

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

22 after ‘‘organized criminal activity’’. 


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1 SEC. 311. FAMILY ABDUCTION PREVENTION GRANT PRO2 GRAM. 

3 (a) STATE GRANTS.—The Attorney General is au4 thorized to make grants to States for projects involving— 

5 (1) the extradition of individuals suspected of 

6 committing a family abduction; 

7 (2) the investigation by State and local law en8 forcement agencies of family abduction cases; 

9 (3) the training of State and local law enforce10 ment agencies in responding to family abductions 

11 and recovering abducted children, including the de12 velopment of written guidelines and technical assist13 ance; 

14 (4) outreach and media campaigns to educate 

15 parents on the dangers of family abductions; and 

16 (5) the flagging of school records. 

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

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

19 under this section shall be provided by non-Federal 

20 sources. 

21 (c) DEFINITIONS.—In this section: 

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

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

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1 ily member, that prevents another individual from 

2 exercising lawful custody or visitation rights. 

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

4 the process of notifying law enforcement authorities 

5 of the name and address of any person requesting 

6 the school records of an abducted child. 

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

8 the several States, the District of Columbia, the 

9 Commonwealth of Puerto Rico, the Commonwealth 

10 of the Northern Mariana Islands, American Samoa, 

11 Guam, the Virgin Islands, any territory or posses12 sion of the United States, and any Indian tribe. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $500,000 for fiscal year 2008 and such sums as may be 

16 necessary for each of fiscal years 2009 and 2010. 

17 SEC. 312. STUDY ON ADOLESCENT DEVELOPMENT AND 

18 SENTENCES IN THE FEDERAL SYSTEM. 

19 (a) IN GENERAL.—The United States Sentencing 

20 Commission shall conduct a study to examine the appro21 priateness of sentences for minors in the Federal system. 

22 (b) CONTENTS.—The study conducted under sub23 section (a) shall— 


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1 (1) incorporate the most recent research and 

2 expertise in the field of adolescent brain development 

3 and culpability; 

4 (2) evaluate the toll of juvenile crime, particu5 larly violent juvenile crime, on communities; 

6 (3) consider the appropriateness of life sen7 tences without possibility for parole for minor of8 fenders in the Federal system; and 

9 (4) evaluate issues of recidivism by juveniles 

10 who are released from prison or detention after serv11 ing determinate sentences. 

12 (c) REPORT.—Not later than 1 year after the date 

13 of enactment of this Act, the United States Sentencing 

14 Commission shall submit to Congress a report regarding 

15 the study conducted under subsection (a), which shall— 

16 (1) include the findings of the Commission; 

17 (2) describe significant cases reviewed as part 

18 of the study; and 

19 (3) make recommendations, if any. 

20 (d) REVISION OF GUIDELINES.—If determined ap21 propriate by the United States Sentencing Commission, 

22 after completing the study under subsection (a) the Com23 mission may, pursuant to its authority under section 994 

24 of title 28, United States Code, establish or revise guide25 lines and policy statements, as warranted, relating to the 


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1 sentencing of minors under this Act or the amendments 

2 made by this Act. 

3 SEC. 313. NATIONAL YOUTH ANTI-HEROIN MEDIA CAM4 PAIGN. 

5 Section 709 of the Office of National Drug Control 

6 Policy Reauthorization Act of 1998 (21 U.S.C. 1708) is 

7 amended— 

8 (1) by redesignating subsections (k) and (l) as 

9 subsections (l) and (m), respectively; and 

10 (2) by inserting after subsection (j) the fol11 lowing: 

12 ‘‘(k) PREVENTION OF HEROIN ABUSE.— 

13 ‘‘(1) FINDINGS.—Congress finds the following: 

14 ‘‘(A) Heroin, and particularly the form 

15 known as ‘cheese heroin’ (a drug made by mix16 ing black tar heroin with diphenhydramine), 

17 poses a significant and increasing threat to 

18 youth in the United States. 

19 ‘‘(B) Drug organizations import heroin 

20 from outside of the United States, mix the 

21 highly addictive drug with diphenhydramine, 

22 and distribute it mostly to youth. 

23 ‘‘(C) Since the initial discovery of cheese 

24 heroin on Dallas school campuses in 2005, at 


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1 least 21 minors have died after overdosing on 

2 cheese heroin in Dallas County. 

3 ‘‘(D) The number of arrests involving pos4 session of cheese heroin in the Dallas area dur5 ing the 2006–2007 school year increased over 

6 60 percent from the previous school year. 

7 ‘‘(E) The ease of communication via the 

8 Internet and cell phones allows a drug trend to 

9 spread rapidly across the country, creating a 

10 national threat. 

11 ‘‘(F) Gangs recruit youth as new members 

12 by providing them with this inexpensive drug. 

13 ‘‘(G) Reports show that there is rampant 

14 ignorance among youth about the dangerous 

15 and potentially fatal effects of cheese heroin. 

16 ‘‘(2) PREVENTION OF HEROIN ABUSE.—In con17 ducting advertising and activities otherwise author18 ized under this section, the Director shall promote 

19 prevention of youth heroin use, including cheese her20 oin.’’. 

21 SEC. 314. TRAINING AT THE NATIONAL ADVOCACY CENTER. 

22 (a) IN GENERAL.—The National District Attorneys 

23 Association may use the services of the National Advocacy 

24 Center in Columbia, South Carolina to conduct a national 

25 training program for State and local prosecutors for the 


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1 purpose of improving the professional skills of State and 

2 local prosecutors and enhancing the ability of Federal, 

3 State, and local prosecutors to work together. 

4 (b) TRAINING.—The National Advocacy Center in 

5 Columbia, South Carolina may provide comprehensive con6 tinuing legal education in the areas of trial practice, sub7 stantive legal updates, and support staff training. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Attorney General 

10 to carry out this section $6,500,000, to remain available 

11 until expended, for fiscal years 2008 through 2011. 

12 TITLE IV—CRIME PREVENTION 

13 AND INTERVENTION STRATE14 GIES 

15 SEC. 401. SHORT TITLE. 

16 This title may be cited as the ‘‘Prevention Resources 

17 for Eliminating Criminal Activity Using Tailored Inter18 ventions in Our Neighborhoods Act of 2007’’ or the 

19 ‘‘PRECAUTION Act’’. 

20 SEC. 402. PURPOSES. 

21 The purposes of this title are to— 

22 (1) establish a commitment on the part of the 

23 Federal Government to provide leadership on suc24 cessful crime prevention and intervention strategies; 


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1 (2) further the integration of crime prevention 

2 and intervention strategies into traditional law en3 forcement practices of State and local law enforce4 ment offices around the country; 

5 (3) develop a plain-language, implementation6 focused assessment of those current crime and delin7 quency prevention and intervention strategies that 

8 are supported by rigorous evidence; 

9 (4) provide additional resources to the National 

10 Institute of Justice to administer research and devel11 opment grants for promising crime prevention and 

12 intervention strategies; 

13 (5) develop recommendations for Federal prior14 ities for crime and delinquency prevention and inter15 vention research, development, and funding that 

16 may augment important Federal grant programs, in17 cluding the Edward Byrne Memorial Justice Assist18 ance Grant Program under subpart 1 of part E of 

19 title I of the Omnibus Crime Control and Safe 

20 Streets Act of 1968 (42 U.S.C. 3750 et seq.), grant 

21 programs administered by the Office of Community 

22 Oriented Policing Services of the Department of 

23 Justice, grant programs administered by the Office 

24 of Safe and Drug-Free Schools of the Department 

25 of Education, and other similar programs; and 


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1 (6) reduce the costs that rising violent crime 

2 imposes on interstate commerce. 

3 SEC. 403. DEFINITIONS. 

4 In this title, the following definitions shall apply: 

5 (1) COMMISSION.—The term ‘‘Commission’’ 

6 means the National Commission on Public Safety 

7 Through Crime Prevention established under section 

8 404(a). 

9 (2) RIGOROUS EVIDENCE.—The term ‘‘rigorous 

10 evidence’’ means evidence generated by scientifically 

11 valid forms of outcome evaluation, particularly ran12 domized trials (where practicable). 

13 (3) SUBCATEGORY.—The term ‘‘subcategory’’ 

14 means 1 of the following categories: 

15 (A) Family and community settings (in16 cluding public health-based strategies). 

17 (B) Law enforcement settings (including 

18 probation-based strategies). 

19 (C) School settings (including antigang 

20 and general antiviolence strategies). 

21 (4) TOP-TIER.—The term ‘‘top-tier’’ means any 

22 strategy supported by rigorous evidence of the siz23 able, sustained benefits to participants in the strat24 egy or to society. 


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1 SEC. 404. NATIONAL COMMISSION ON PUBLIC SAFETY 

2 THROUGH CRIME PREVENTION. 

3 (a) ESTABLISHMENT.—There is established a com4 mission to be known as the National Commission on Pub5 lic Safety Through Crime Prevention. 

6 (b) MEMBERS.— 

7 (1) IN GENERAL.—The Commission shall be 

8 composed of 9 members, of whom— 

9 (A) 3 shall be appointed by the President, 

10 1 of whom shall be the Assistant Attorney Gen11 eral for the Office of Justice Programs or a 

12 representative of such Assistant Attorney Gen13 eral; 

14 (B) 2 shall be appointed by the Speaker of 

15 the House of Representatives, unless the Speak16 er is of the same party as the President, in 

17 which case 1 shall be appointed by the Speaker 

18 of the House of Representatives and 1 shall be 

19 appointed by the minority leader of the House 

20 of Representatives; 

21 (C) 1 shall be appointed by the minority 

22 leader of the House of Representatives (in addi23 tion to any appointment made under subpara24 graph (B)); 

25 (D) 2 shall be appointed by the majority 

26 leader of the Senate, unless the majority leader 


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1 is of the same party as the President, in which 

2 case 1 shall be appointed by the majority leader 

3 of the Senate and 1 shall be appointed by the 

4 minority leader of the Senate; and 

5 (E) 1 member appointed by the minority 

6 leader of the Senate (in addition to any ap7 pointment made under subparagraph (D)). 

8 (2) PERSONS ELIGIBLE.— 

9 (A) IN GENERAL.—Each member of the 

10 Commission shall be an individual who has 

11 knowledge or expertise in matters to be studied 

12 by the Commission. 

13 (B) REQUIRED REPRESENTATIVES.—At 

14 least— 

15 (i) 2 members of the Commission 

16 shall be respected social scientists with ex17 perience implementing or interpreting rig18 orous, outcome-based trials; and 

19 (ii) 2 members of the Commission 

20 shall be law enforcement practitioners. 

21 (3) CONSULTATION REQUIRED.—The President, 

22 the Speaker of the House of Representatives, the mi23 nority leader of the House of Representatives, and 

24 the majority leader and minority leader of the Sen25 ate shall consult prior to the appointment of the 


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1 members of the Commission to achieve, to the max2 imum extent possible, fair and equitable representa3 tion of various points of view with respect to the 

4 matters to be studied by the Commission. 

5 (4) TERM.—Each member shall be appointed 

6 for the life of the Commission. 

7 (5) TIME FOR INITIAL APPOINTMENTS.—The 

8 appointment of the members shall be made not later 

9 than 60 days after the date of enactment of this 

10 Act. 

11 (6) VACANCIES.—A vacancy in the Commission 

12 shall be filled in the manner in which the original 

13 appointment was made, and shall be made not later 

14 than 60 days after the date on which the vacancy 

15 occurred. 

16 (7) EX OFFICIO MEMBERS.—The Director of 

17 the National Institute of Justice, the Director of the 

18 Office of Juvenile Justice and Delinquency Preven19 tion, the Director of the Community Capacity Devel20 opment Office, the Director of the Bureau of Justice 

21 Statistics, the Director of the Bureau of Justice As22 sistance, and the Director of Community Oriented 

23 Policing Services (or a representative of each such 

24 director) shall each serve in an ex officio capacity on 


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1 the Commission to provide advice and information to 

2 the Commission. 

3 (c) OPERATION.— 

4 (1) CHAIRPERSON.—At the initial meeting of 

5 the Commission, the members of the Commission 

6 shall elect a chairperson from among its voting 

members, by a vote of 2 7 ⁄3 of the members of the 

8 Commission. The chairperson shall retain this posi9 tion for the life of the Commission. If the chair10 person leaves the Commission, a new chairperson 

shall be selected, by a vote of 2 11 ⁄3 of the members of 

12 the Commission. 

13 (2) MEETINGS.—The Commission shall meet at 

14 the call of the chairperson. The initial meeting of the 

15 Commission shall take place not later than 30 days 

16 after the date on which all the members of the Com17 mission have been appointed. 

18 (3) QUORUM.—A majority of the members of 

19 the Commission shall constitute a quorum to con20 duct business, and the Commission may establish a 

21 lesser quorum for conducting hearings scheduled by 

22 the Commission. 

23 (4) RULES.—The Commission may establish by 

24 majority vote any other rules for the conduct of 


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1 Commission business, if such rules are not incon2 sistent with this title or other applicable law. 

3 (d) PUBLIC HEARINGS.— 

4 (1) IN GENERAL.—The Commission shall hold 

5 public hearings. The Commission may hold such 

6 hearings, sit and act at such times and places, take 

7 such testimony, and receive such evidence as the 

8 Commission considers advisable to carry out its du9 ties under this section. 

10 (2) FOCUS OF HEARINGS.—The Commission 

11 shall hold at least 3 separate public hearings, each 

12 of which shall focus on 1 of the subcategories. 

13 (3) WITNESS EXPENSES.—Witnesses requested 

14 to appear before the Commission shall be paid the 

15 same fees as are paid to witnesses under section 

16 1821 of title 28, United States Code. The per diem 

17 and mileage allowances for witnesses shall be paid 

18 from funds appropriated to the Commission. 

19 (e) COMPREHENSIVE STUDY OF EVIDENCE-BASED

20 CRIME PREVENTION AND INTERVENTION STRATEGIES.— 

21 (1) IN GENERAL.—The Commission shall carry 

22 out a comprehensive study of the effectiveness of 

23 crime and delinquency prevention and intervention 

24 strategies, organized around the 3 subcategories. 


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1 (2) MATTERS INCLUDED.—The study under 

2 paragraph (1) shall include— 

3 (A) a review of research on the general ef4 fectiveness of incorporating crime prevention 

5 and intervention strategies into an overall law 

6 enforcement plan; 

7 (B) an evaluation of how to more effec8 tively communicate the wealth of social science 

9 research to practitioners; 

10 (C) a review of evidence regarding the ef11 fectiveness of specific crime prevention and 

12 intervention strategies, focusing on those strate13 gies supported by rigorous evidence; 

14 (D) an identification of— 

15 (i) promising areas for further re16 search and development; and 

17 (ii) other areas representing gaps in 

18 the body of knowledge that would benefit 

19 from additional research and development; 

20 (E) an assessment of the best practices for 

21 implementing prevention and intervention strat22 egies; 

23 (F) an assessment of the best practices for 

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1 plementation of intervention and prevention 

2 strategies; and 

3 (G) an assessment of those top-tier strate4 gies best suited for duplication efforts in a 

5 range of settings across the country. 

6 (3) INITIAL REPORT ON TOP-TIER CRIME PRE7 VENTION AND INTERVENTION STRATEGIES.— 

8 (A) DISTRIBUTION.—Not later than 18 

9 months after the date on which all members of 

10 the Commission have been appointed, the Com11 mission shall submit a public report on the 

12 study carried out under this subsection to— 

13 (i) the President; 

14 (ii) Congress; 

15 (iii) the Attorney General; 

16 (iv) the Chief Federal Public Defender 

17 of each district; 

18 (v) the chief executive of each State; 

19 (vi) the Director of the Administrative 

20 Office of the Courts of each State; 

21 (vii) the Director of the Administra22 tive Office of the United States Courts; 

23 and 

24 (viii) the attorney general of each 

25 State. 


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1 (B) CONTENTS.—The report under sub2 paragraph (A) shall include— 

3 (i) the findings and conclusions of the 

4 Commission; 

5 (ii) a summary of the top-tier strate6 gies, including— 

7 (I) a review of the rigorous evi8 dence supporting the designation of 

9 each strategy as top-tier; 

10 (II) a brief outline of the keys to 

11 successful implementation for each 

12 strategy; and 

13 (III) a list of references and 

14 other information on where further in15 formation on each strategy can be 

16 found; 

17 (iii) recommended protocols for imple18 menting crime and delinquency prevention 

19 and intervention strategies generally; 

20 (iv) recommended protocols for evalu21 ating the effectiveness of crime and delin22 quency prevention and intervention strate23 gies; and 


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1 (v) a summary of the materials relied 

2 upon by the Commission in preparation of 

3 the report. 

4 (C) CONSULTATION WITH OUTSIDE AU5 THORITIES.—In developing the recommended 

6 protocols for implementation and rigorous eval7 uation of top-tier crime and delinquency preven8 tion and intervention strategies under this para9 graph, the Commission shall consult with the 

10 Committee on Law and Justice at the National 

11 Academy of Science and with national associa12 tions representing the law enforcement and so13 cial science professions, including the National 

14 Sheriffs’ Association, the Police Executive Re15 search Forum, the International Association of 

16 Chiefs of Police, the Consortium of Social 

17 Science Associations, and the American Society 

18 of Criminology. 

19 (f) RECOMMENDATIONS REGARDING DISSEMINATION

20 OF THE INNOVATIVE CRIME PREVENTION AND INTER21 VENTION STRATEGY GRANTS.— 

22 (1) SUBMISSION.— 

23 (A) IN GENERAL.—Not later than 30 days 

24 after the date of the final hearing under sub25 section (d) relating to a subcategory, the ComVerDate Aug 31 2005 00:12 Sep 26, 2007 Jkt 059200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S456.RFH S456

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1 mission shall provide the Director of the Na2 tional Institute of Justice with recommenda3 tions on qualifying considerations relating to 

4 that subcategory for selecting grant recipients 

5 under section 405. 

6 (B) DEADLINE.—Not later than 13 

7 months after the date on which all members of 

8 the Commission have been appointed, the Com9 mission shall provide all recommendations re10 quired under this subsection. 

11 (2) MATTERS INCLUDED.—The recommenda12 tions provided under paragraph (1) shall include rec13 ommendations relating to— 

14 (A) the types of strategies for the applica15 ble subcategory that would best benefit from 

16 additional research and development; 

17 (B) any geographic or demographic tar18 gets; 

19 (C) the types of partnerships with other 

20 public or private entities that might be perti21 nent and prioritized; and 

22 (D) any classes of crime and delinquency 

23 prevention and intervention strategies that 

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1 existing base of knowledge that would benefit 

2 less from additional research and development. 

3 (g) FINAL REPORT ON THE RESULTS OF THE INNO4 VATIVE CRIME PREVENTION AND INTERVENTION STRAT5 EGY GRANTS.— 

6 (1) IN GENERAL.—Following the close of the 3- 

7 year implementation period for each grant recipient 

8 under section 405, the Commission shall collect the 

9 results of the study of the effectiveness of that grant 

10 under section 405(b)(3) and shall submit a public 

11 report to the President, the Attorney General, Con12 gress, the chief executive of each State, and the at13 torney general of each State describing each strategy 

14 funded under section 405 and its results. This re15 port shall be submitted not later than 5 years after 

16 the date of the selection of the chairperson of the 

17 Commission. 

18 (2) COLLECTION OF INFORMATION AND EVI19 DENCE REGARDING GRANT RECIPIENTS.—The Com20 mission’s collection of information and evidence re21 garding each grant recipient under section 405 shall 

22 be carried out by— 

23 (A) ongoing communications with the 

24 grant administrator at the National Institute of 

25 Justice; 


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1 (B) visits by representatives of the Com2 mission (including at least 1 member of the 

3 Commission) to the site where the grant recipi4 ent is carrying out the strategy with a grant 

5 under section 405, at least once in the second 

6 and once in the third year of that grant; 

7 (C) a review of the data generated by the 

8 study monitoring the effectiveness of the strat9 egy; and 

10 (D) other means as necessary. 

11 (3) MATTERS INCLUDED.—The report sub12 mitted under paragraph (1) shall include a review of 

13 each strategy carried out with a grant under section 

14 405, detailing— 

15 (A) the type of crime or delinquency pre16 vention or intervention strategy; 

17 (B) where the activities under the strategy 

18 were carried out, including geographic and de19 mographic targets; 

20 (C) any partnerships with public or private 

21 entities through the course of the grant period; 

22 (D) the type and design of the effective23 ness study conducted under section 405(b)(3) 

24 for that strategy; 


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1 (E) the results of the effectiveness study 

2 conducted under section 405(b)(3) for that 

3 strategy; 

4 (F) lessons learned regarding implementa5 tion of that strategy or of the effectiveness 

6 study conducted under section 405(b)(3), in7 cluding recommendations regarding which types 

8 of environments might best be suited for suc9 cessful replication; and 

10 (G) recommendations regarding the need 

11 for further research and development of the 

12 strategy. 

13 (h) PERSONNEL MATTERS.— 

14 (1) TRAVEL EXPENSES.—The members of the 

15 Commission shall be allowed travel expenses, includ16 ing per diem in lieu of subsistence, at rates author17 ized for employees of agencies under subchapter I of 

18 chapter 57 of title 5, United States Code, while 

19 away from their homes or regular places of business 

20 in the performance of service for the Commission. 

21 (2) COMPENSATION OF MEMBERS.—Members of 

22 the Commission shall serve without compensation. 

23 (3) STAFF.— 

24 (A) IN GENERAL.—The chairperson of the 

25 Commission may, without regard to the civil 


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1 service laws and regulations, appoint and termi2 nate an executive director and such other addi3 tional personnel as may be necessary to enable 

4 the Commission to perform its duties. The em5 ployment of an executive director shall be sub6 ject to confirmation by the Commission. 

7 (B) COMPENSATION.—The chairperson of 

8 the Commission may fix the compensation of 

9 the executive director and other personnel with10 out regard to the provisions of chapter 51 and 

11 subchapter III of chapter 53 of title 5, United 

12 States Code, relating to classification of posi13 tions and General Schedule pay rates, except 

14 that the rate of pay for the executive director 

15 and other personnel may not exceed the rate 

16 payable for level V of the Executive Schedule 

17 under section 5316 of such title. 

18 (4) DETAIL OF FEDERAL EMPLOYEES.—With 

the affirmative vote of 2 19 ⁄3 of the members of the 

20 Commission, any Federal Government employee, 

21 with the approval of the head of the appropriate 

22 Federal agency, may be detailed to the Commission 

23 without reimbursement, and such detail shall be 

24 without interruption or loss of civil service status, 

25 benefits, or privileges. 


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1 (i) CONTRACTS FOR RESEARCH.— 

2 (1) NATIONAL INSTITUTE OF JUSTICE.—With a 

2 3 ⁄3 affirmative vote of the members of the Commis4 sion, the Commission may select nongovernmental 

5 researchers and experts to assist the Commission in 

6 carrying out its duties under this title. The National 

7 Institute of Justice shall contract with the research8 ers and experts selected by the Commission to pro9 vide funding in exchange for their services. 

10 (2) OTHER ORGANIZATIONS.—Nothing in this 

11 subsection shall be construed to limit the ability of 

12 the Commission to enter into contracts with other 

13 entities or organizations for research necessary to 

14 carry out the duties of the Commission under this 

15 section. 

16 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated $5,000,000 to carry out 

18 this section. 

19 (k) TERMINATION.—The Commission shall terminate 

20 on the date that is 30 days after the date on which the 

21 Commission submits the last report required by this sec22 tion. 

23 (l) EXEMPTION.—The Commission shall be exempt 

24 from the Federal Advisory Committee Act. 


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1 SEC. 405. INNOVATIVE CRIME PREVENTION AND INTERVEN2 TION STRATEGY GRANTS. 

3 (a) GRANTS AUTHORIZED.—The Director of the Na4 tional Institute of Justice may make grants to public and 

5 private entities to fund the implementation and evaluation 

6 of innovative crime or delinquency prevention or interven7 tion strategies. The purpose of grants under this section 

8 shall be to provide funds for all expenses related to the 

9 implementation of such a strategy and to conduct a rig10 orous study on the effectiveness of that strategy. 

11 (b) GRANT DISTRIBUTION.— 

12 (1) PERIOD.—A grant under this section shall 

13 be made for a period of not more than 3 years. 

14 (2) AMOUNT.—The amount of each grant under 

15 this section— 

16 (A) shall be sufficient to ensure that rig17 orous evaluations may be performed; and 

18 (B) shall not exceed $2,000,000. 

19 (3) EVALUATION SET-ASIDE.— 

20 (A) IN GENERAL.—A grantee shall use not 

21 less than $300,000 and not more than 

22 $700,000 of the funds from a grant under this 

23 section for a rigorous study of the effectiveness 

24 of the strategy during the 3-year period of the 

25 grant for that strategy. 

26 (B) METHODOLOGY OF STUDY.— 


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1 (i) IN GENERAL.—Each study con2 ducted under subparagraph (A) shall use 

3 an evaluator and a study design approved 

4 by the employee of the National Institute 

5 of Justice hired or assigned under sub6 section (c). 

7 (ii) CRITERIA.—The employee of the 

8 National Institute of Justice hired or as9 signed under subsection (c) shall ap10 prove— 

11 (I) an evaluator that has success12 fully carried out multiple studies pro13 ducing rigorous evidence of effective14 ness; and 

15 (II) a proposed study design that 

16 is likely to produce rigorous evidence 

17 of the effectiveness of the strategy. 

18 (iii) APPROVAL.—Before a grant is 

19 awarded under this section, the evaluator 

20 and study design of a grantee shall be ap21 proved by the employee of the National In22 stitute of Justice hired or assigned under 

23 subsection (c). 

24 (4) DATE OF AWARD.—Not later than 6 months 

25 after the date of receiving recommendations relating 


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1 to a subcategory from the Commission under section 

2 404(f), the Director of the National Institute of Jus3 tice shall award all grants under this section relating 

4 to that subcategory. 

5 (5) TYPE OF GRANTS.—One-third of the grants 

6 made under this section shall be made in each sub7 category. In distributing grants, the recommenda8 tions of the Commission under section 404(f) shall 

9 be considered. 

10 (6) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated 

12 $18,000,000 to carry out this subsection. 

13 (c) DEDICATED STAFF.— 

14 (1) IN GENERAL.—The Director of the National 

15 Institute of Justice shall hire or assign a full-time 

16 employee to oversee the grants under this section. 

17 (2) STUDY OVERSIGHT.—The employee of the 

18 National Institute of Justice hired or assigned under 

19 paragraph (1) shall be responsible for ensuring that 

20 grantees adhere to the study design approved before 

21 the applicable grant was awarded. 

22 (3) LIAISON.—The employee of the National 

23 Institute of Justice hired or assigned under para24 graph (1) may be used as a liaison between the 

25 Commission and the recipients of a grant under this 


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1 section. That employee shall be responsible for en2 suring timely cooperation with Commission requests. 

3 (4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated $150,000 

5 for each of fiscal years 2008 through 2012 to carry 

6 out this subsection. 

7 (d) APPLICATIONS.—A public or private entity desir8 ing a grant under this section shall submit an application 

9 at such time, in such manner, and accompanied by such 

10 information as the Director of the National Institute of 

11 Justice may reasonably require. 

12 (e) COOPERATION WITH THE COMMISSION.—Grant 

13 recipients shall cooperate with the Commission in pro14 viding them with full information on the progress of the 

15 strategy being carried out with a grant under this section, 

16 including— 

17 (1) hosting visits by the members of the Com18 mission to the site where the activities under the 

19 strategy are being carried out; 

20 (2) providing pertinent information on the lo21 gistics of establishing the strategy for which the 

22 grant under this section was received, including de23 tails on partnerships, selection of participants, and 

24 any efforts to publicize the strategy; and 


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1 (3) responding to any specific inquiries that 

2 may be made by the Commission. 

Passed the Senate September 21, 2007. 

Attest: NANCY ERICKSON, 

Secretary. 


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