I 

110TH CONGRESS 

1ST SESSION H. R. 1692 

To fight criminal gangs. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2007 

Mr. PALLONE introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education 

and Labor and Financial Services, 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 

A BILL 

To fight criminal gangs. 

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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Fighting Gangs and Empowering Youth Act of 2007’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 

TITLE I—PREVENTION AND ECONOMIC EMPOWERMENT 

Subtitle A—Prevention 

Sec. 101. Reauthorization of certain after-school programs. 


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Sec. 102. Reauthorization of Safe and Drug-Free Schools and Communities 

Act. 

Sec. 103. Public and assisted housing gang elimination. 

Sec. 104. Demonstration grants to encourage creative approaches to gang activity and after-school programs. 

Sec. 105. Strategic community planning program. 

Sec. 106. Reauthorization of the Gang Resistance Education and Training 

Projects Program and increased funding for the National 

Youth Gang Survey. 

Subtitle B—Recidivism Reduction and Reentry Assistance 

Sec. 111. Reauthorization of adult and juvenile offender State and local reentry 

demonstration projects. 

Sec. 112. Children of incarcerated parents and families. 

Sec. 113. Encouragement of employment of former prisoners. 

Sec. 114. National Resource Center for Children and Families of the Incarcerated. 

Sec. 115. Use of violent offender truth-in-sentencing grant funding for demonstration project activities. 

Sec. 116. Grants to study parole or post-incarceration supervision violations 

and revocations. 

Sec. 117. Improvement of the residential substance abuse treatment for State 

prisoners program. 

Sec. 118. Residential drug abuse program in Federal prisons. 

Sec. 119. Removal of limitation on amount of funds available for corrections 

education programs under the Adult Education and Family 

Literacy Act. 

Sec. 120. Mentoring grants to nonprofit organizations. 

Sec. 121. Clarification of authority to place prisoner in community corrections. 

Sec. 122. Grants to States for improved workplace and community transition 

training for incarcerated youth offenders. 

Sec. 123. Improved reentry procedures for Federal prisoners. 

Subtitle C—Economic Empowerment 

Sec. 131. Reauthorization of Learn and Serve America. 

Sec. 132. Job Corps. 

Sec. 133. Workforce Investment Act youth activities. 

Sec. 134. Expansion and reauthorization of the mentoring initiative for system 

involved youth. 

TITLE II—SUPPRESSION AND COMMUNITY ANTI-GANG 

INITIATIVES 

Subtitle A—Gang Activity Policing Program 

Sec. 201. Authority to make gang activity policing grants. 

Sec. 202. Eligible activities. 

Sec. 203. Preferential consideration of applications for certain grants. 

Sec. 204. Use of components. 

Sec. 205. Minimum amount. 

Sec. 206. Matching funds. 

Sec. 207. Authorization of appropriations. 

Subtitle B—High-Intensity Interstate Gang Activity Areas 


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Sec. 211. Designation of and assistance for ‘‘high-intensity’’ interstate gang activity areas. 

Subtitle C—Additional Funding 

Sec. 221. Additional resources needed by the Federal Bureau of Investigation 

to investigate and prosecute violent criminal street gangs. 

Sec. 222. Grants to prosecutors and law enforcement to combat violent crime 

and to protect witnesses and victims of crimes. 

Sec. 223. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs. 

Sec. 224. Providing additional forensic examiners. 

TITLE III—PUNISHMENT AND IMPROVED CRIME DATA 

Subtitle A—Gang Crimes 

Sec. 301. Criminal street gangs. 

Sec. 302. Solicitation or recruitment of persons and violent crimes in furtherance or in aid of criminal street gangs. 

Sec. 303. Interstate and foreign travel or transportation in aid of racketeering 

enterprises and criminal street gangs. 

Sec. 304. Amendments relating to violent crime in areas of exclusive Federal 

jurisdiction. 

Sec. 305. Increased penalties for use of interstate commerce facilities in the 

commission of murder-for-hire and other felony crimes of violence. 

Sec. 306. Increased penalties for violent crimes in aid of racketeering activity. 

Sec. 307. Violent crimes committed during and in relation to a drug trafficking 

crime. 

Sec. 308. Statute of limitations for violent crime. 

Sec. 309. Predicate crimes for authorization of interception of wire, oral, and 

electronic communications. 

Sec. 310. Clarification to hearsay exception for forfeiture by wrongdoing. 

Sec. 311. Clarification of venue for retaliation against a witness. 

Sec. 312. Amendment of sentencing guidelines relating to certain gang and violent crimes. 

Sec. 313. Study on expanding Federal authority for juvenile offenders. 

Subtitle B—Firearms Offenses 

Sec. 321. Expansion of rebuttable presumption against release of persons 

charged with firearms offenses. 

Sec. 322. Increased penalties for use of firearm in crime of violence or drug 

trafficking crime. 

Sec. 323. Possession of firearms by dangerous felons. 

Subtitle C—Crime Data 

Sec. 331. Standardization of crime reporting and investigation. 

Sec. 332. Consolidating and standardizing gang-related crime data. 


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1 TITLE I—PREVENTION AND 

2 ECONOMIC EMPOWERMENT 

3 Subtitle A—Prevention 

4 SEC. 101. REAUTHORIZATION OF CERTAIN AFTER-SCHOOL 

5 PROGRAMS. 

6 (a) 21ST CENTURY COMMUNITY LEARNING CEN7 TERS.—Section 4206 of the Elementary and Secondary 

8 Education Act of 1965 (20 U.S.C. 7176) is amended to 

9 read as follows: 

10 ‘‘SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘There is authorized to be appropriated 

12 $2,750,000,000 for each of fiscal years 2008 and 2009.’’. 

13 (b) CAROL M. WHITE PHYSICAL EDUCATION PRO14 GRAM.—Section 5401 of the Elementary and Secondary 

15 Education Act of 1965 (20 U.S.C. 7241) is amended— 

16 (1) by striking ‘‘There are’’ and inserting ‘‘(a) 

17 IN GENERAL.—There are’’; and 

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

19 ‘‘(b) PHYSICAL EDUCATION.—In addition to the 

20 amounts authorized to be appropriated by subsection (a), 

21 there are authorized to be appropriated $100,000,000 for 

22 each of fiscal years 2008 and 2009 to carry out subpart 

23 10.’’. 

24 (c) FEDERAL TRIO PROGRAMS.—Section 402A(f) of 

25 the Higher Education Act of 1965 (20 U.S.C. 1070a– 


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1 11(f)) is amended by striking ‘‘$700,000,000 for fiscal 

2 year 1999, and such sums as may be necessary for each 

3 of the 4 succeeding fiscal years’’ and inserting 

4 ‘‘$1,000,000,000 for fiscal year 2008 and such sums as 

5 may be necessary for each of the 5 succeeding fiscal 

6 years’’. 

7 (d) GEARUP.—Section 404H of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1070a–28) is amended by 

9 striking ‘‘$200,000,000 for fiscal year 1999 and such 

10 sums as may be necessary for each of the 4 succeeding 

11 fiscal years’’ and inserting ‘‘$350,000,000 for fiscal year 

12 2008 and such sums as may be necessary for each of the 

13 5 succeeding fiscal years’’. 

14 SEC. 102. REAUTHORIZATION OF SAFE AND DRUG-FREE 

15 SCHOOLS AND COMMUNITIES ACT. 

16 (a) SAFE AND DRUG-FREE SCHOOLS AND COMMU17 NITIES.—Section 4003 of the Elementary and Secondary 

18 Education Act of 1965 (20 U.S.C. 7103) is amended— 

19 (1) in paragraph (1), by striking 

20 ‘‘$650,000,000 for fiscal year 2002’’ and inserting 

21 ‘‘$700,000,000 for fiscal year 2008’’; and 

22 (2) in paragraph (2), by striking ‘‘such sums 

23 for fiscal year 2002, and’’ and inserting 

24 ‘‘$400,000,000 for fiscal year 2008’’. 


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1 (b) NATIONAL COORDINATOR INITIATIVE.—Section 

2 4125 of the Elementary and Secondary Education Act of 

3 1965 (20 U.S.C. 7135(a)) is amended— 

4 (1) in subsection (a)— 

5 (A) by striking ‘‘From funds made avail6 able to carry out this subpart under section 

7 4003(2), the Secretary may provide’’ and in8 serting ‘‘From amounts made available to carry 

9 out this subpart under section 4003(2) for each 

10 fiscal year, the Secretary shall reserve not less 

11 than $40,000,000 to provide’’; and 

12 (B) by inserting ‘‘, gang prevention,’’ after 

13 ‘‘drug prevention’’; and 

14 (2) in subsection (b)— 

15 (A) in the first sentence— 

16 (i) by inserting ‘‘, gang prevention,’’ 

17 after ‘‘serve as drug prevention’’; and 

18 (ii) by inserting ‘‘, gang,’’ after ‘‘sig19 nificant drug’’; and 

20 (B) in the second sentence, by inserting ‘‘, 

21 gang,’’ after ‘‘analyzing assessments of drug’’. 

22 (c) MENTORING PROGRAM.—Section 4130(b) of the 

23 Elementary and Secondary Education Act of 1965 (20 

24 U.S.C. 7140(b)) is amended— 


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1 (1) in the matter preceding subparagraph (A) 

2 of paragraph (1), by striking ‘‘The Secretary may 

3 award grants from funds made available to carry out 

4 this subpart under section 4003(2)’’ and inserting 

5 ‘‘From amounts made available to carry out this 

6 subpart under section 4003(2) for each fiscal year, 

7 the Secretary shall reserve not less than 

8 $50,000,000 to award grants’’; 

9 (2) in paragraph (5)(B)(i), by inserting ‘‘ele10 mentary school and middle school’’ after ‘‘serves’’; 

11 and 

12 (3) in paragraph (5)(C)(ii)(IV), by striking 

13 ‘‘4th’’ and inserting ‘‘kindergarten’’. 

14 (d) ANTI-GANG DISCRETIONARY GRANTS.—Subpart 

15 2 of part A of title IV of the Elementary and Secondary 

16 Education Act of 1965 (20 U.S.C. 7131 et seq.) is amend17 ed by adding at the end the following: 

18 ‘‘SEC. 4131. ANTI-GANG DISCRETIONARY GRANTS. 

19 ‘‘(a) AUTHORITY TO MAKE GRANTS.—From 

20 amounts made available to carry out this subpart under 

21 section 4003(2) for each fiscal year, the Secretary shall 

22 reserve not less than $50,000,000 to award grants, on a 

23 competitive basis, to nonprofit organizations to enable the 

24 nonprofit organizations to establish programs to assist a 


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1 public elementary school or middle school in providing an 

2 innovative approach— 

3 ‘‘(1) to combat gang activity in the school and 

4 the community surrounding the school; and 

5 ‘‘(2) to heighten awareness of, and provide tools 

6 to reduce, gang violence in the school and the com7 munity surrounding the school. 

8 ‘‘(b) APPLICATION.—To be eligible to receive a grant 

9 under this section, a nonprofit organization shall submit 

10 an application to the Secretary that includes a detailed 

11 plan to combat gang activity and reduce gang violence in 

12 a school and the surrounding community. 

13 ‘‘(c) PRIORITY CONSIDERATION.—In awarding 

14 grants under this section, the Secretary shall give priority 

15 consideration to applications describing programs that 

16 target youth living in a community with a crime level 

17 above the average crime level of the State in which the 

18 community is located.’’. 

19 SEC. 103. PUBLIC AND ASSISTED HOUSING GANG ELIMI20 NATION. 

21 (a) PUBLIC AND ASSISTED HOUSING.—Title V of the 

22 Anti-Drug Abuse Act of 1988 (Public Law 100–690; 102 

23 Stat. 4295) is amended by adding at the end the following 

24 new subtitle: 


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1 ‘‘Subtitle H—Public and Assisted 

2 Housing Gang Elimination 

3 ‘‘SEC. 5401. SHORT TITLE. 

4 ‘‘This subtitle may be cited as the ‘Public and As5 sisted Housing Gang Elimination Act of 2007’. 

6 ‘‘SEC. 5402. AUTHORITY TO MAKE GRANTS. 

7 ‘‘The Secretary of Housing and Urban Development, 

8 in accordance with the provisions of this subtitle, may 

9 make grants to public housing agencies (including any In10 dian tribe or other recipient under the Native American 

11 Housing Assistance and Self-Determination Act of 1996) 

12 and private, for-profit and nonprofit owners of federally 

13 assisted low-income housing for use in eliminating gang14 related crime. 

15 ‘‘SEC. 5403. ELIGIBLE ACTIVITIES. 

16 ‘‘Grants under this subtitle may be used in public 

17 housing or other federally assisted low-income housing 

18 projects for— 

19 ‘‘(1) the employment of security personnel; 

20 ‘‘(2) reimbursement of local law enforcement 

21 agencies for additional security and protective serv22 ices; 

23 ‘‘(3) physical improvements which are specifi24 cally designed to enhance security; 

25 ‘‘(4) the employment of 1 or more individuals— 


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1 ‘‘(A) to investigate gang-related crime on 

2 or about the real property comprising any pub3 lic or other federally assisted low-income hous4 ing project; and 

5 ‘‘(B) to provide evidence relating to such 

6 crime in any administrative or judicial pro7 ceeding; 

8 ‘‘(5) the provision of training, communications 

9 equipment, and other related equipment for use by 

10 voluntary tenant patrols acting in cooperation with 

11 local law enforcement officials; 

12 ‘‘(6) programs designed to reduce gang activity 

13 in and around public or other federally assisted low14 income housing projects, including encouraging teen15 driven approaches to gang activity prevention; and 

16 ‘‘(7) providing funding to nonprofit public hous17 ing resident management corporations and resident 

18 councils to develop security and gang prevention pro19 grams involving site residents. 

20 ‘‘SEC. 5404. APPLICATIONS. 

21 ‘‘(a) REQUIRED SUBMISSION.— 

22 ‘‘(1) IN GENERAL.—To receive a grant under 

23 this subtitle, a public housing agency or an owner of 

24 federally assisted low-income housing shall submit 

25 an application to the Secretary, at such time, in 


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1 such manner, and accompanied by such additional 

2 information as the Secretary may reasonably re3 quire. 

4 ‘‘(2) REQUIRED INCLUSIONS.—Any application 

5 submitted under paragraph (1) shall include a plan 

6 for addressing the problem of gang-related crime on 

7 the premises of the housing administered or owned 

8 by the applicant for which the application is being 

9 submitted. 

10 ‘‘(b) CRITERIA.—Except as provided by subsections 

11 (c) and (d) the Secretary shall approve applications under 

12 this subtitle based exclusively on— 

13 ‘‘(1) the extent of the gang-related crime prob14 lem in the public or federally assisted low-income 

15 housing project or projects proposed for assistance; 

16 ‘‘(2) the quality of the plan of the applicant to 

17 address the crime problem in the public or federally 

18 assisted low-income housing project or projects pro19 posed for assistance, including the extent to which 

20 the plan includes initiatives that can be sustained 

21 over a period of several years; 

22 ‘‘(3) the capability of the applicant to carry out 

23 the plan; and 

24 ‘‘(4) the extent to which tenants, the local gov25 ernment, and the local community support and parVerDate Aug 31 2005 23:48 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692

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1 ticipate in the design and implementation of the ac2 tivities proposed to be funded under the application. 

3 ‘‘(c) FEDERALLY ASSISTED LOW-INCOME HOUS4 ING.—In addition to the selection criteria described in 

5 subsection (b), the Secretary may establish other criteria 

6 for the evaluation of applications submitted by owners of 

7 federally assisted low-income housing, except that such ad8 ditional criteria shall be designed only to reflect— 

9 ‘‘(1) relevant differences between the financial 

10 resources and other characteristics of public housing 

11 authorities and owners of federally assisted low-in12 come housing; or 

13 ‘‘(2) relevant differences between the problem 

14 of gang-related crime in public housing and the 

15 problem of gang-related crime in federally assisted 

16 low-income housing. 

17 ‘‘(d) HIGH-INTENSITY INTERSTATE GANG ACTIVITY

18 AREAS.—In evaluating the extent of the gang-related 

19 crime problem pursuant to subsection (b), the Secretary 

20 may consider whether housing projects proposed for as21 sistance are located in a high-intensity interstate gang ac22 tivity area designated under section 211 of the Fighting 

23 Gangs and Empowering Youth Act of 2007. 


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1 ‘‘SEC. 5405. DEFINITIONS. 

2 ‘‘For the purposes of this subtitle, the following defi3 nitions shall apply: 

4 ‘‘(1) SECRETARY.—The term ‘Secretary’ means 

5 the Secretary of Housing and Urban Development. 

6 ‘‘(2) FEDERALLY ASSISTED LOW-INCOME HOUS7 ING.—The term ‘federally assisted low-income hous8 ing’ means housing assisted under— 

9 ‘‘(A) section 221(d)(3), section 221(d)(4), 

10 or 236 of the National Housing Act; 

11 ‘‘(B) section 101 of the Housing and 

12 Urban Development Act of 1965; 

13 ‘‘(C) section 8 of the United States Hous14 ing Act of 1937; or 

15 ‘‘(D) the Native American Housing Assist16 ance and Self-Determination Act of 1996. 

17 ‘‘SEC. 5406. IMPLEMENTATION. 

18 ‘‘The Secretary shall issue regulations to implement 

19 this subtitle within 180 days after the date of enactment 

20 of this subtitle. 

21 ‘‘SEC. 5407. REPORTS. 

22 ‘‘The Secretary shall require any recipient of a grant 

23 under this subtitle to provide periodic reports that include 

24 the obligation and expenditure of grant funds, the 

25 progress made by the grantee in implementing the plan 

26 described in section 5404(a), and any change in the inciVerDate Aug 31 2005 23:48 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692

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1 dence of gang-related crime in projects assisted under this 

2 subtitle. 

3 ‘‘SEC. 5408. MONITORING. 

4 ‘‘The Secretary shall audit and monitor the programs 

5 funded under this subtitle to ensure that assistance pro6 vided under this subtitle is administered in accordance 

7 with the provisions of this subtitle. 

8 ‘‘SEC. 5409. AUTHORIZATION OF APPROPRIATIONS. 

9 ‘‘(a) IN GENERAL.—There is authorized to be appro10 priated to carry out this subtitle $200,000,000 for each 

11 of the fiscal years 2008 through 2012. Any amount appro12 priated under this section shall remain available until ex13 pended. 

14 ‘‘(b) SET-ASIDE FOR ASSISTED HOUSING.—Of any 

15 amount made available in any fiscal year to carry out this 

16 subtitle, not more than 6.25 percent of such amount shall 

17 be available for grants for federally assisted low-income 

18 housing.’’. 

19 (b) CONFORMING AMENDMENT.—The table of con20 tents in section 5001 of the Anti-Drug Abuse Act of 1988 

21 (Public Law 100–690; 102 Stat. 4295) is amended by 

22 adding at the end the following new items: 

‘‘Subtitle H—Public and Assisted Housing Drug Elimination 

‘‘Sec. 5401. Short title. 

‘‘Sec. 5402. Authority to make grants. 

‘‘Sec. 5403. Eligible activities. 

‘‘Sec. 5404. Applications. 

‘‘Sec. 5405. Definitions. 

‘‘Sec. 5406. Implementation. 


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‘‘Sec. 5407 Reports. 

‘‘Sec. 5408. Monitoring. 

‘‘Sec. 5409. Authorization of appropriations.’’. 

1 SEC. 104. DEMONSTRATION GRANTS TO ENCOURAGE CRE2 ATIVE APPROACHES TO GANG ACTIVITY AND 

3 AFTER-SCHOOL PROGRAMS. 

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

5 grants to public or nonprofit private entities (including 

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

7 entities in carrying out projects involving innovative ap8 proaches to combat gang activity. 

9 (b) CERTAIN APPROACHES.—Approaches under sub10 section (a) may include the following: 

11 (1) Encouraging teen-driven approaches to 

12 gang activity prevention. 

13 (2) Educating parents to recognize signs of 

14 problems and potential gang involvement in their 

15 children. 

16 (3) Teaching parents the importance of a nur17 turing family and home environment to keep chil18 dren out of gangs. 

19 (4) Facilitating communication between parents 

20 and children, especially programs that have been 

21 evaluated and proven effective. 

22 (c) MATCHING FUNDS.— 

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

24 make a grant under this section only if the entity reVerDate Aug 31 2005 23:48 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692

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1 ceiving the grant agrees to make available (directly 

2 or through donations from public or private entities) 

3 non-Federal contributions toward the cost of activi4 ties to be performed with that grant in an amount 

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

6 (2) DETERMINATION OF AMOUNT CONTRIB7 UTED.—Non-Federal contributions required under 

8 paragraph (1) may be in cash or in kind, fairly eval9 uated, including facilities, equipment, or services. 

10 Amounts provided by the Federal Government, or 

11 services assisted or subsidized to any significant ex12 tent by the Federal Government, may not be in13 cluded in determining the amount of such non-Fed14 eral contributions. 

15 (d) EVALUATION OF PROJECTS.— 

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

17 establish criteria for the evaluation of projects in18 volving innovative approaches under subsection (a). 

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

20 such subsection only if the entity involved— 

21 (A) agrees to conduct evaluations of the 

22 approach in accordance with such criteria; 

23 (B) agrees to submit to the Attorney Gen24 eral reports describing the results of the evaluaVerDate Aug 31 2005 23:48 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692

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1 tions, as the Attorney General determines to be 

2 appropriate; and 

3 (C) submits to the Attorney General, in 

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

5 conducting the evaluations. 

6 (e) APPLICATION FOR GRANT.—The Attorney Gen7 eral may make a grant under subsection (a) only if an 

8 application for the grant is submitted to the Attorney Gen9 eral and the application is in such form, is made in such 

10 manner, and contains such agreements, assurances, and 

11 information (including the agreements under subsections 

12 (c) and (d) and the plan under subsection (d)(2)(C)) as 

13 the Attorney General determines to be necessary to carry 

14 out this section. 

15 (f) REPORT TO CONGRESS.—Not later than October 

16 1, 2012, the Attorney General shall submit to Congress 

17 a report describing the extent to which the approaches 

18 under subsection (a) have been successful in reducing the 

19 rate of gang activity in the communities in which the ap20 proaches have been carried out. That report shall describe 

21 the various approaches used under subsection (a) and the 

22 effectiveness of each of the approaches. 

23 (g) AUTHORIZATION OF APPROPRIATIONS.—For the 

24 purpose of carrying out this section, there are authorized 


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1 to be appropriated $5,000,000 for each of the fiscal years 

2 2008 through 2012. 

3 SEC. 105. STRATEGIC COMMUNITY PLANNING PROGRAM. 

4 The Violent Crime Control and Law Enforcement Act 

5 of 1994 (42 U.S.C. 13701 et seq.) is amended by inserting 

6 after section 30403 the following: 

7 ‘‘Subtitle G—Strategic Community 

8 Planning Program 

9 ‘‘SEC. 30701. GRANT AUTHORITY. 

10 ‘‘(a) GRANTS.— 

11 ‘‘(1) IN GENERAL.—The Attorney General may 

12 award grants on a competitive basis to eligible local 

13 entities to assist eligible communities in developing 

14 and carrying out programs that target at-risk youth 

15 and juvenile offenders ages 11 to 19 years, who— 

16 ‘‘(A) fail to successfully complete sec17 ondary school; 

18 ‘‘(B) have entered the juvenile justice sys19 tem; or 

20 ‘‘(C) are at risk of failing to successfully 

21 complete secondary school or entering the juve22 nile justice system. 

23 ‘‘(2) GRANT AMOUNT.—A grant awarded to an 

24 eligible local entity under this subtitle shall be for 

25 not less than $250,000 for a fiscal year. Amounts 


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1 made available through such a grant shall remain 

2 available until expended. 

3 ‘‘(b) PROGRAM REQUIREMENTS.— 

4 ‘‘(1) PROGRAMS.—An eligible local entity that 

5 receives funds under this subtitle shall develop or ex6 pand community programs in eligible communities 

7 that are designed to target at-risk youths and juve8 nile offenders through prevention, early intervention, 

9 and graduated sanctions. 

10 ‘‘(2) OPTIONAL ACTIVITIES.—An eligible local 

11 entity that receives funds under this subtitle may de12 velop a variety of programs to serve the comprehen13 sive needs of at-risk youth and juvenile offenders, in14 cluding— 

15 ‘‘(A) homework assistance and after-school 

16 programs, including educational, social, and 

17 athletic activities; 

18 ‘‘(B) mentoring programs; 

19 ‘‘(C) family counseling; and 

20 ‘‘(D) parental training programs. 

21 ‘‘(c) ELIGIBLE COMMUNITY IDENTIFICATION.—The 

22 Attorney General shall establish by regulation the criteria 

23 necessary to qualify as an eligible community, which shall 

24 include criteria with respect to significant poverty and sig25 nificant violent crime. 


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1 ‘‘SEC. 30702. APPLICATIONS. 

2 ‘‘(a) APPLICATION REQUIRED.—To be eligible to re3 ceive a grant under this subtitle, a local entity shall submit 

4 an application to the Attorney General at such time, in 

5 such manner, and accompanied by such information, as 

6 the Attorney General may reasonably require. 

7 ‘‘(b) CONTENTS OF APPLICATION.—Each application 

8 submitted under subsection (a) shall— 

9 ‘‘(1) contain a comprehensive plan for the pro10 gram that is designed to improve the academic and 

11 social development of at-risk youths and juvenile of12 fenders in the eligible community, which— 

13 ‘‘(A) identifies an eligible community to be 

14 assisted; 

15 ‘‘(B) describes the community planning 

16 process to be used by the local entity that in17 cludes— 

18 ‘‘(i) parents and family members; 

19 ‘‘(ii) local school officials; 

20 ‘‘(iii) teachers employed at schools 

21 within the eligible community; 

22 ‘‘(iv) local public officials; 

23 ‘‘(v) law enforcement officers and offi24 cials; 

25 ‘‘(vi) clergy and faith-based organiza26 tions; 


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1 ‘‘(vii) public housing authorities; 

2 ‘‘(viii) public housing resident organi3 zation members, where applicable; and 

4 ‘‘(ix) public and private nonprofit or5 ganizations that provide education, child 

6 protective services, or other human services 

7 to low-income, at-risk youth and juvenile 

8 offenders, and their families; and 

9 ‘‘(C) develops a concentrated strategy for 

10 implementation of the community planning 

11 process developed under subparagraph (B) that 

12 targets clusters of at-risk youth and juvenile of13 fenders in the eligible community; 

14 ‘‘(2) provide evidence of support for accom15 plishing the objectives of such plan from— 

16 ‘‘(A) community leaders; 

17 ‘‘(B) a school district; 

18 ‘‘(C) local officials; and 

19 ‘‘(D) other organizations that the local en20 tity determines to be appropriate; 

21 ‘‘(3) provide an assurance that the local entity 

22 will use grant funds received under this subsection 

23 to implement the program requirements listed in 

24 section 30701(b); 


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1 ‘‘(4) include an estimate of the number of at2 risk youth and juvenile offenders in the eligible com3 munity expected to be served under the program; 

4 ‘‘(5) provide an assurance that the local entity 

5 will prepare and submit to the Attorney General an 

6 annual report regarding any program conducted 

7 under this subtitle; and 

8 ‘‘(6) provide an assurance that the local entity 

9 will maintain separate accounting records for the 

10 program. 

11 ‘‘(c) PRIORITY.—In awarding grants under this sub12 title, the Attorney General shall give priority to eligible 

13 local entities that identify under subsection (b)(1)(A) an 

14 eligible community that, when compared to other eligible 

15 communities, has a greater need than such other eligible 

16 communities for assistance under this subtitle, as deter17 mined by the Attorney General based on the criteria estab18 lished under section 30701(c). 

19 ‘‘(d) FEDERAL SHARE.—The Federal share of the 

20 costs of a program developed or carried out with a grant 

21 under this section shall be not more than 70 percent. The 

22 non-Federal share of such costs may be in cash or in kind, 

23 fairly evaluated, including personnel, facilities, equipment, 

24 and services. 


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1 ‘‘SEC. 30703. DEFINITIONS. 

2 ‘‘For purposes of this subtitle— 

3 ‘‘(1) the term ‘local entity’ means— 

4 ‘‘(A) a local educational agency; or 

5 ‘‘(B) a community-based organization, as 

6 defined in section 9101 of the Elementary and 

7 Secondary Education Act of 1965 (20 U.S.C. 

8 7801); and 

9 ‘‘(2) the term ‘eligible community’ means an 

10 area which meets the criteria established by the At11 torney General in accordance with section 30701(c). 

12 ‘‘SEC. 30704. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘There are authorized to be appropriated for grants 

14 under this subtitle— 

15 ‘‘(1) $10,000,000 for fiscal year 2008; 

16 ‘‘(2) $11,000,000 for fiscal year 2009; 

17 ‘‘(3) $12,000,000 for fiscal year 2010; 

18 ‘‘(4) $13,000,000 for fiscal year 2011; and 

19 ‘‘(5) $14,000,000 for fiscal year 2012.’’. 

20 SEC. 106. REAUTHORIZATION OF THE GANG RESISTANCE 

21 EDUCATION AND TRAINING PROJECTS PRO22 GRAM AND INCREASED FUNDING FOR THE 

23 NATIONAL YOUTH GANG SURVEY. 

24 Section 32401 of the Violent Crime Control and Law 

25 Enforcement Act of 1994 (42 U.S.C. 13921) is amend26 ed— 


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1 (1) in subsection (b)— 

2 (A) by inserting ‘‘and’’ at the end of para3 graph (2); and 

4 (B) by striking paragraphs (3) through (5) 

5 and inserting the following: 

6 ‘‘(3) $21,000,000 for each of the fiscal years 

7 2008 through 2012.’’; and 

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

9 ‘‘(c) USE OF FUNDS.—Not more than $1,000,000 of 

10 the funds authorized under this section for a fiscal year 

11 shall be used to increase the number of samples collected 

12 by the National Youth Gang Center for its annual Na13 tional Youth Gang Survey.’’. 

14 Subtitle B—Recidivism Reduction 

15 and Reentry Assistance 

16 SEC. 111. REAUTHORIZATION OF ADULT AND JUVENILE OF17 FENDER STATE AND LOCAL REENTRY DEM18 ONSTRATION PROJECTS. 

19 (a) GRANT AUTHORIZATION.—Section 2976(a) of the 

20 Omnibus Crime Control and Safe Streets Act of 1968 (42 

21 U.S.C. 3797w(a)) is amended by striking ‘‘States, Terri22 tories’’ and all that follows through the period at the end 

23 and inserting ‘‘States, local governments, territories, or 

24 Indian tribes, or any combination thereof, in partnership 

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1 zations, for purpose of establishing adult and juvenile of2 fender reentry demonstration projects.’’. 

3 (b) ADULT AND JUVENILE OFFENDER DEMONSTRA4 TION PROJECTS AUTHORIZED.—Section 2976(b) of the 

5 Omnibus Crime Control and Safe Streets Act of 1968 (42 

6 U.S.C. 3797w(b)) is amended by striking paragraphs (1) 

7 through (4) and inserting the following: 

8 ‘‘(1) establishing or improving the system or 

9 systems under which— 

10 ‘‘(A) the correctional agency of the State 

11 or local government develops and carries out 

12 plans to facilitate the reentry into the commu13 nity of each offender in State or local custody; 

14 ‘‘(B) the supervision and services provided 

15 to offenders in State or local custody are co16 ordinated with the supervision and services pro17 vided to offenders after reentry into the com18 munity; 

19 ‘‘(C) the efforts of various public and pri20 vate entities to provide supervision and services 

21 to offenders, and to family members of such of22 fenders, after offenders reenter the community 

23 are coordinated; and 

24 ‘‘(D) offenders awaiting reentry into the 

25 community are provided with documents useful 


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1 in achieving a successful transition from prison, 

2 jail, or detention (such as identification papers, 

3 referrals to services, medical prescriptions, job 

4 training certificates, apprenticeship papers, and 

5 information on obtaining public assistance); 

6 ‘‘(2) carrying out programs and initiatives by 

7 units of local government to strengthen reentry serv8 ices for offenders released from local jails; 

9 ‘‘(3) enabling prison or jail mentors of offend10 ers to remain in contact with those offenders (in11 cluding through the use of such technology as 

12 videoconferencing) during incarceration and after re13 entry into the community, and encouraging the in14 volvement of prison or jail mentors in the reentry 

15 process; 

16 ‘‘(4) providing structured post-release housing 

17 and transitional housing (including group homes for 

18 recovering substance abusers) through which offend19 ers are provided supervision and services imme20 diately following reentry into the community; 

21 ‘‘(5) assisting offenders in securing permanent 

22 housing upon release or following a stay in transi23 tional housing; 

24 ‘‘(6) providing continuity of health services (in25 cluding screening, assessment, and aftercare for 


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1 mental health services, substance abuse treatment 

2 and aftercare, and treatment for contagious dis3 eases) to offenders in custody and after reentry into 

4 the community; 

5 ‘‘(7) providing offenders with education, job 

6 training, responsible parenting and healthy relation7 ship skills training designed specifically for address8 ing the needs of incarcerated and transitioning fa9 thers and mothers, English as a second language 

10 programs, work experience programs, self-respect 

11 and life skills training, and other skills useful in 

12 achieving a successful transition from prison or jail; 

13 ‘‘(8) facilitating collaboration among corrections 

14 and community corrections, technical schools, com15 munity colleges, and the workforce development and 

16 employment service sectors— 

17 ‘‘(A) to promote the employment of offend18 ers released from prison and jail, as appro19 priate, through efforts such as educating em20 ployers about existing financial incentives; 

21 ‘‘(B) to facilitate the creation of job oppor22 tunities for offenders released from prison or 

23 jail, including transitional jobs and time-limited 

24 subsidized work experience (as appropriate); 


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1 ‘‘(C) to connect offenders to employment 

2 (including supportive employment and employ3 ment services) before their release to the com4 munity, to provide work supports (including 

5 transportation and retention services), as ap6 propriate, and to identify labor market needs to 

7 ensure that education and training are appro8 priate; 

9 ‘‘(D) to address barriers to employment 

10 (such as licensing), that are not directly con11 nected to the crime committed, and to provide 

12 case management services as necessary to pre13 pare offenders for jobs that offer the potential 

14 for advancement and growth; and 

15 ‘‘(E) to address the risks that offenders re16 entering the community present to the commu17 nity; 

18 ‘‘(9) assessing the literacy and educational 

19 needs of offenders in custody and identifying and 

20 providing services appropriate to meet those needs, 

21 including follow-up assessments and long-term serv22 ices; 

23 ‘‘(10) systems under which family members of 

24 offenders are involved in facilitating the successful 

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1 cluding removing obstacles to the maintenance of 

2 family relationships while the offender is in custody, 

3 strengthening the family’s capacity to function as a 

4 stable living situation during reentry (as appro5 priate), and involving family members in the plan6 ning and implementation of the reentry process; 

7 ‘‘(11) programs under which victims are in8 cluded, on a voluntary basis, in the reentry process; 

9 ‘‘(12) identifying and addressing barriers to col10 laborating with child welfare agencies in the joint 

11 provision of services to offenders in custody and to 

12 the children of such offenders; 

13 ‘‘(13) carrying out programs that support chil14 dren of incarcerated parents, including those in fos15 ter care and those cared for by grandparents or 

16 other relatives (commonly referred to as kinship 

17 care), including programs for mentoring children of 

18 incarcerated offenders; 

19 ‘‘(14) carrying out programs for the entire fam20 ily unit, including the coordination of service delivery 

21 across agencies; 

22 ‘‘(15) implementing programs in correctional 

23 agencies to— 

24 ‘‘(A) include the collection of information 

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1 cerated offender as part of intake procedures, 

2 including the number of children, age, and loca3 tion or jurisdiction; and 

4 ‘‘(B) connect identified children with serv5 ices as appropriate and as needed; 

6 ‘‘(16) addressing barriers to the visitation of 

7 children with an incarcerated parent and mainte8 nance of the parent-child relationship (as appro9 priate to the safety and well-being of the children), 

10 such as the location of facilities in remote areas, 

11 telephone costs, mail restrictions, and visitation poli12 cies; 

13 ‘‘(17) creating, developing, or enhancing incar14 cerated offender and family assessments curricula, 

15 policies, procedures, or programs (including men16 toring programs), in coordination with victim service 

17 providers, to help prisoners with a history or identi18 fied risk of domestic violence, dating violence, sexual 

19 assault, or stalking— 

20 ‘‘(A) to reconnect with their families and 

21 communities (as appropriate or when it is safe 

22 to do so), with particular attention paid to the 

23 safety of children affected and the confiden24 tiality concerns of victims; and 


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1 ‘‘(B) to become mutually respectful, non2 abusive parents or partners; 

3 ‘‘(18) developing programs and activities that 

4 support parent-child relationships, such as— 

5 ‘‘(A) using telephone conferencing to per6 mit incarcerated parents to participate in par7 ent-teacher conferences; 

8 ‘‘(B) using videoconferencing to allow vir9 tual visitation when incarcerated offenders are 

10 more than 100 miles from their families; 

11 ‘‘(C) the development of books on tape 

12 programs, through which incarcerated parents 

13 read a book into a tape to be sent to their chil14 dren; 

15 ‘‘(D) the establishment of family days, 

16 which provide for longer visitation hours or 

17 family activities; 

18 ‘‘(E) the creation of children’s areas in vis19 itation rooms with parent-child activities; 

20 ‘‘(F) the implementation of programs to 

21 help incarcerated parents stay connected to 

22 their children and learn responsible parenting 

23 and healthy relationship skills; and 

24 ‘‘(G) programs for mentoring children of 

25 incarcerated offenders; 


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1 ‘‘(19) expanding family-based treatment centers 

2 that offer family-based comprehensive treatment 

3 services for offenders reentering the community and 

4 their children as a complete family unit; 

5 ‘‘(20) conducting studies to determine the types 

6 of offenders who are returning to prison or jail, and 

7 which of those returning offenders represent the 

8 greatest risk to community safety; 

9 ‘‘(21) developing or adopting procedures to en10 sure that dangerous felons are not released from 

11 prison or jail prematurely; 

12 ‘‘(22) developing and implementing procedures 

13 to assist relevant authorities— 

14 ‘‘(A) in determining when release is appro15 priate; and 

16 ‘‘(B) in the use of data to inform the re17 lease decision; 

18 ‘‘(23) developing and implementing procedures 

19 to identify efficiently and effectively those violators 

20 of probation, parole, or post-incarceration super21 vision who should be returned to prison or jail; 

22 ‘‘(24) utilizing validated assessment tools to as23 sess the risk factors of returning offenders to the 

24 community, and prioritizing services based on the 


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1 risks related to offenders returning to the commu2 nity; 

3 ‘‘(25) facilitating and encouraging timely and 

4 complete payment of restitution and fines by offend5 ers to victims and the community; 

6 ‘‘(26) establishing or expanding the use of re7 entry courts and other programs to— 

8 ‘‘(A) monitor offenders returning to the 

9 community; 

10 ‘‘(B) provide offenders reentering the com11 munity with— 

12 ‘‘(i) drug and alcohol testing and 

13 treatment; and 

14 ‘‘(ii) mental and medical health as15 sessment and services; 

16 ‘‘(C) facilitate restorative justice practices 

17 and convene family or community impact pan18 els, family impact educational classes, victim 

19 impact panels, or victim impact educational 

20 classes; 

21 ‘‘(D) provide and coordinate the delivery of 

22 other community services to offenders, includ23 ing— 

24 ‘‘(i) housing assistance; 

25 ‘‘(ii) education; 


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1 ‘‘(iii) employment training; 

2 ‘‘(iv) children and family support, in3 cluding responsible parenting and healthy 

4 relationship skills training designed specifi5 cally to address the needs of incarcerated 

6 and transitioning parents; 

7 ‘‘(v) conflict resolution skills training; 

8 ‘‘(vi) family violence intervention pro9 grams; 

10 ‘‘(vii) culturally and linguistically 

11 competent services, as appropriate; and 

12 ‘‘(viii) other appropriate services, as 

13 determined by the Attorney General; and 

14 ‘‘(E) establish and implement graduated 

15 sanctions and incentives; and 

16 ‘‘(27) providing technology and other tools to 

17 advance post-incarceration supervision.’’. 

18 (c) JUVENILE OFFENDER DEMONSTRATION

19 PROJECTS REAUTHORIZED.—Section 2976(c) of the Om20 nibus Crime Control and Safe Streets Act of 1968 (42 

21 U.S.C. 3797w(c)) is amended by striking ‘‘may be ex22 pended for’’ and all that follows through the period at the 

23 end and inserting ‘‘may be expended for any activity de24 scribed in subsection (b).’’. 


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1 (d) APPLICATIONS; REQUIREMENTS; PRIORITIES; 

2 PERFORMANCE MEASUREMENTS.—Section 2976 of the 

3 Omnibus Crime Control and Safe Streets Act of 1968 (42 

4 U.S.C. 3797w) is amended— 

5 (1) by redesignating subsection (h) as sub6 section (p); and 

7 (2) by striking subsections (d) through (g) and 

8 inserting the following: 

9 ‘‘(d) APPLICATIONS.—A State, unit of local govern10 ment, territory, or Indian tribe (or a combination of such 

11 jurisdictions) desiring a grant under this section shall sub12 mit an application to the Attorney General that— 

13 ‘‘(1) contains a reentry strategic plan developed 

14 under subsection (h) that describes the long-term 

15 strategy and a detailed implementation schedule, in16 cluding the jurisdiction’s plans to pay for the pro17 gram after Federal funding is discontinued; 

18 ‘‘(2) identifies the local government role in the 

19 applicant’s offender reentry strategy, as well as the 

20 role of governmental agencies and nonprofit organi21 zations that will be coordinated by, and that will col22 laborate on, such strategy, and certifies the involve23 ment of such agencies and organizations; 


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1 ‘‘(3) describes the methodology and outcome 

2 measures that will be used in evaluating the pro3 gram; and 

4 ‘‘(4) includes a plan for the use of a State, 

5 local, territorial, or tribal reentry task force, as ref6 erenced in subsection (i), to carry out the activities 

7 funded under the grant. 

8 ‘‘(e) REQUIREMENTS.—The Attorney General may 

9 make a grant to an applicant under this section only if 

10 the application— 

11 ‘‘(1) reflects explicit support of the chief execu12 tive officer of the State, unit of local government, 

13 territory, or Indian tribe applying for a grant under 

14 this section; 

15 ‘‘(2) provides extensive discussion of the role of 

16 State corrections departments, community correc17 tions agencies, juvenile justice systems, or local jail 

18 systems, as the case may be, in ensuring successful 

19 reentry of offenders into their communities; 

20 ‘‘(3) provides extensive evidence of collaboration 

21 with State and local government agencies overseeing 

22 health, housing, child welfare, education, substance 

23 abuse, and employment services, and local law en24 forcement; 


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1 ‘‘(4) provides a plan for analysis of the statu2 tory, regulatory, rules-based, and practice-based hur3 dles of the applicant to an offender’s reentry into 

4 the community that— 

5 ‘‘(A) takes particular note and makes rec6 ommendations with respect to laws, regulations, 

7 rules, and practices that disqualify offenders 

8 from obtaining professional licenses or other re9 quirements necessary for certain types of em10 ployment, and that hinder full civic participa11 tion; 

12 ‘‘(B) identifies and makes recommenda13 tions with respect to those laws, regulations, 

14 rules, or practices that are not directly con15 nected to the crime committed and the risk that 

16 the offender presents to the community; and 

17 ‘‘(C) affords members of the public an op18 portunity to participate in the process described 

19 in this paragraph. 

20 ‘‘(f) PRIORITY CONSIDERATION.—The Attorney Gen21 eral shall give priority to grant applications under this sec22 tion that best— 

23 ‘‘(1) focus initiative on geographic areas with a 

24 high population of offenders reentering the commu25 nity; 


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1 ‘‘(2) include partnerships with nonprofit organi2 zations; 

3 ‘‘(3) provide consultations with crime victims 

4 and offenders who have reentered the community 

5 and their families; 

6 ‘‘(4) review the process by which the State and 

7 local governments adjudicate violations of parole, 

8 probation, or post-incarceration supervision, and 

9 consider reforms to maximize the use of graduated, 

10 community-based sanctions for minor and technical 

11 violations of parole, probation, or post-incarceration 

12 supervision; 

13 ‘‘(5) establish prerelease planning procedures 

14 for offenders to ensure that an offender’s eligibility 

15 for Federal or State benefits (including Medicaid, 

16 Medicare, Social Security, and veterans benefits) 

17 upon release is established prior to release, subject 

18 to any limitations in law, and to ensure that offend19 ers are provided with referrals to appropriate social 

20 and health services or are linked to appropriate non21 profit organizations; and 

22 ‘‘(6) target high-risk offenders for reentry pro23 grams through validated assessment tools. 

24 ‘‘(g) USES OF GRANT FUNDS.— 


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1 ‘‘(1) FEDERAL SHARE.—The Federal share of 

2 the costs of a project carried out with a grant under 

3 this section shall be not more than 75 percent, un4 less the Attorney General— 

5 ‘‘(A) waives, in whole or in part, the re6 quirement of this paragraph; and 

7 ‘‘(B) publicly delineates the rationale for 

8 the waiver. 

9 ‘‘(2) SUPPLEMENT NOT SUPPLANT.—Federal 

10 funds received under this section shall be used to 

11 supplement, not supplant, non-Federal funds that 

12 would otherwise be available for the activities funded 

13 under this section. 

14 ‘‘(h) REENTRY STRATEGIC PLAN.— 

15 ‘‘(1) IN GENERAL.—As a condition of receiving 

16 financial assistance under this section, each appli17 cant shall develop a comprehensive strategic reentry 

18 plan that contains measurable annual and 5-year 

19 performance outcomes. The plan shall have as a goal 

20 to reduce the rate of recidivism of offenders served 

21 with funds received under this section by 50 percent 

22 over a period of 5 years. 

23 ‘‘(2) COORDINATION.—In developing reentry 

24 plans under this subsection, applicants shall coordi25 nate with communities and stakeholders, including 


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1 persons in the fields of public safety, corrections, 

2 housing, health, education, substance abuse, children 

3 and families, employment, business, and members of 

4 nonprofit organizations that provide reentry services. 

5 ‘‘(3) MEASUREMENTS OF PROGRESS.—Each re6 entry plan developed under this subsection shall in7 clude a plan to measure the progress of the appli8 cant toward increasing public safety by reducing 

9 rates of recidivism and enabling offenders to transi10 tion successfully back into their communities. 

11 ‘‘(i) REENTRY TASK FORCE.— 

12 ‘‘(1) IN GENERAL.—As a condition of receiving 

13 a grant under this section, each applicant shall es14 tablish or empower a Reentry Task Force, or other 

15 relevant convening authority, to examine ways to 

16 pool resources and funding streams to promote lower 

17 recidivism rates for offenders reentering the commu18 nity and to minimize the harmful effects of incarcer19 ation on families and communities by collecting data 

20 and best practices in offender reentry from dem21 onstration grantees and other agencies and organiza22 tions, and to provide a plan, as described in sub23 section (e)(4). 

24 ‘‘(2) MEMBERSHIP.—The reentry task force or 

25 other authority shall be comprised of relevant— 


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1 ‘‘(A) State, tribal, territorial, or local lead2 ers; 

3 ‘‘(B) agencies; 

4 ‘‘(C) service providers; 

5 ‘‘(D) nonprofit organizations; and 

6 ‘‘(E) stakeholders. 

7 ‘‘(j) STRATEGIC PERFORMANCE OUTCOMES.— 

8 ‘‘(1) IN GENERAL.—Each applicant shall iden9 tify in the reentry strategic plan of that applicant 

10 developed under subsection (h) specific performance 

11 outcomes related to the long-term goals of increasing 

12 public safety and reducing recidivism. 

13 ‘‘(2) PERFORMANCE OUTCOMES.—The perform14 ance outcomes identified under paragraph (1) shall 

15 include, with respect to offenders reentering the 

16 community— 

17 ‘‘(A) reduction in recidivism rates; 

18 ‘‘(B) reduction in crime; 

19 ‘‘(C) increased employment and education 

20 opportunities; 

21 ‘‘(D) reduction in violations of conditions 

22 of supervised release; 

23 ‘‘(E) increased payment of child support; 

24 ‘‘(F) increased housing opportunities; 


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1 ‘‘(G) reduction in drug and alcohol abuse; 

2 and 

3 ‘‘(H) increased participation in substance 

4 abuse and mental health services. 

5 ‘‘(3) OTHER OUTCOMES.—States may include 

6 in their reentry strategic plan other performance 

7 outcomes that increase the success rates of offenders 

8 reentering the community. 

9 ‘‘(4) COORDINATION.—Applicants shall coordi10 nate with communities and stakeholders about the 

11 selection of performance outcomes identified by the 

12 applicant, and shall consult with the Department of 

13 Justice for assistance with data collection and meas14 urement activities. 

15 ‘‘(k) REPORT.—Each grantee under this section shall 

16 submit an annual report to the Attorney General that— 

17 ‘‘(1) identifies the progress of that grantee to18 ward achieving its strategic performance outcomes 

19 identified under subsection (j); and 

20 ‘‘(2) describes other activities conducted by the 

21 grantee to increase the success rates of the reentry 

22 population, such as programs that foster effective 

23 risk management and treatment programming, of24 fender accountability, and community and victim 

25 participation. 


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1 ‘‘(l) PERFORMANCE MEASUREMENT.— 

2 ‘‘(1) IN GENERAL.—The Attorney General, in 

3 consultation with the grantees, shall— 

4 ‘‘(A) identify primary and secondary 

5 sources of information to support the measure6 ment of the strategic performance outcomes 

7 identified under subsection (j); 

8 ‘‘(B) identify sources and methods of data 

9 collection in support of performance measure10 ment required under this section; 

11 ‘‘(C) provide to all grantees technical as12 sistance and training on performance measures 

13 and data collection for purposes of this section; 

14 and 

15 ‘‘(D) coordinate with the Substance Abuse 

16 and Mental Health Services Administration on 

17 strategic performance outcome measures and 

18 data collection for purposes of this section relat19 ing to substance abuse and mental health. 

20 ‘‘(2) COORDINATION.—The Attorney General 

21 shall coordinate with other Federal agencies to iden22 tify national and other sources of information to 

23 support grantee’s performance measurement. 

24 ‘‘(3) STANDARDS FOR ANALYSIS.—Any statis25 tical analysis of population data conducted under 


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1 this section shall be conducted in accordance with 

2 the Federal Register Notice dated October 30, 1997, 

3 relating to classification standards. 

4 ‘‘(m) NATIONAL ADULT AND JUVENILE OFFENDER

5 REENTRY RESOURCE CENTER.— 

6 ‘‘(1) AUTHORITY.—The Attorney General may, 

7 using amounts made available to carry out this sec8 tion, make a grant to an eligible organization to pro9 vide for the establishment of a National Adult and 

10 Juvenile Offender Reentry Resource Center. 

11 ‘‘(2) ELIGIBLE ORGANIZATION.—An organiza12 tion eligible for the grant under paragraph (1) is 

13 any national nonprofit organization that— 

14 ‘‘(A) is approved by the Federal task force 

15 established under subsection (o); and 

16 ‘‘(B) provides technical assistance and 

17 training to, and has special expertise and broad, 

18 national-level experience in, offender reentry 

19 programs, training, and research. 

20 ‘‘(3) USE OF FUNDS.—The organization receiv21 ing the grant under paragraph (1) shall establish a 

22 National Adult and Juvenile Offender Reentry Re23 source Center to— 

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1 ments, territories, tribes, service providers, non2 profit organizations, and corrections institu3 tions; 

4 ‘‘(B) collect data and best practices in of5 fender reentry from demonstration grantees and 

6 others agencies and organizations; 

7 ‘‘(C) develop and disseminate evaluation 

8 tools, mechanisms, and measures to better as9 sess and document coalition performance meas10 ures and outcomes; 

11 ‘‘(D) disseminate knowledge to States and 

12 other relevant entities about reentry, including 

13 best practices, policy standards, and research 

14 findings; 

15 ‘‘(E) develop and implement procedures to 

16 assist relevant authorities in— 

17 ‘‘(i) determining when release is ap18 propriate; and 

19 ‘‘(ii) the use of data to inform the re20 lease decision; 

21 ‘‘(F) develop and implement procedures to 

22 identify efficiently and effectively those violators 

23 of probation, parole, or post-incarceration su24 pervision who should be returned to prison or 


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1 jail and those who should receive other penalties 

2 based on defined, graduated sanctions; 

3 ‘‘(G) collaborate with the Federal task 

4 force established under subsection (o) and the 

5 Federal Resource Center for Children of Pris6 oners; 

7 ‘‘(H) develop a national reentry research 

8 agenda; and 

9 ‘‘(I) bridge the gap between reentry re10 search and practice by translating knowledge 

11 from reentry research into practical informa12 tion. 

13 ‘‘(4) LIMIT.—Of amounts made available to 

14 carry out this section, not more than 4 percent shall 

15 be available to carry out this subsection. 

16 ‘‘(n) ADMINISTRATION.—Of amounts made available 

17 to carry out this section— 

18 ‘‘(1) not more than 2 percent shall be available 

19 for administrative expenses in carrying out this sec20 tion; and 

21 ‘‘(2) not more than 2 percent shall be made 

22 available to the National Institute of Justice to 

23 evaluate the effectiveness of the demonstration 

24 projects funded under this section in reducing recidi25 vism and increasing public safety. 


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1 ‘‘(o) TASK FORCE ON FEDERAL PROGRAMS AND AC2 TIVITIES RELATING TO REENTRY OF OFFENDERS.— 

3 ‘‘(1) TASK FORCE REQUIRED.—The Attorney 

4 General, in consultation with the Secretary of Hous5 ing and Urban Development, the Secretary of Labor, 

6 the Secretary of Education, the Secretary of Health 

7 and Human Services, the Secretary of Veterans Af8 fairs, the Secretary of Agriculture, and the heads of 

9 such other elements of the Federal Government as 

10 the Attorney General considers appropriate, and in 

11 collaboration with States, units of local government, 

12 territories, tribes, stakeholders, service providers, 

13 and nonprofit organizations, shall establish an inter14 agency task force on Federal programs and activities 

15 relating to the reentry of offenders into the commu16 nity. 

17 ‘‘(2) DUTIES.—The task force established 

18 under paragraph (1) shall— 

19 ‘‘(A) identify any reentry program or activ20 ity that may be resulting in overlapping or du21 plication of reentry services, the scope of such 

22 overlapping or duplication, and the relationship 

23 of such overlapping and duplication to public 

24 safety, public health, and effectiveness and effi25 ciency; 


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1 ‘‘(B) identify methods to improve collabo2 ration and coordination of such programs and 

3 activities; 

4 ‘‘(C) identify areas of responsibility in 

5 which improved collaboration and coordination 

6 of such programs and activities would result in 

7 increased effectiveness or efficiency; 

8 ‘‘(D) develop innovative interagency or 

9 intergovernmental programs, activities, or pro10 cedures that would improve outcomes of offend11 ers reentering the community and the children 

12 of offenders; 

13 ‘‘(E) develop methods for increasing reg14 ular communication that would increase inter15 agency program effectiveness; 

16 ‘‘(F) identify areas of research that can be 

17 coordinated across agencies with an emphasis 

18 on applying science-based practices to support, 

19 treatment, and intervention programs for of20 fenders reentering the community; 

21 ‘‘(G) identify funding areas that should be 

22 coordinated across agencies, and any gaps in 

23 funding for reentry services; and 

24 ‘‘(H) in collaboration with the National 

25 Adult and Juvenile Offender Reentry Resources 


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1 Center established under subsection (m), iden2 tify successful reentry programs and collect best 

3 practices in offender reentry from demonstra4 tion grantees and other agencies and organiza5 tions, determine the extent to which such pro6 grams and practices can be replicated, and 

7 make information on such programs and prac8 tices available to States, localities, nonprofit or9 ganizations, and others. 

10 ‘‘(3) REPORT.— 

11 ‘‘(A) IN GENERAL.—Not later than 1 year 

12 after the date of enactment of the Fighting 

13 Gangs and Empowering Youth Act of 2007, the 

14 task force established under paragraph (1) shall 

15 submit to Congress a report on barriers to re16 entry, including recommendations to overcome 

17 such barriers. The task force shall provide for 

18 public input in preparing the report. 

19 ‘‘(B) CONTENTS.—The report required by 

20 subparagraph (A) shall identify Federal and 

21 other barriers to successful reentry of offenders 

22 into the community and analyze the effects of 

23 such barriers on offenders and on children and 

24 other family members of offenders, including 

25 barriers relating to— 


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1 ‘‘(i) child support obligations and pro2 cedures; 

3 ‘‘(ii) Social Security benefits (includ4 ing barriers in timely restoration of sus5 pended disability benefits immediately 

6 upon release), veterans benefits, food 

7 stamps, and other forms of Federal public 

8 assistance; 

9 ‘‘(iii) Medicaid and Medicare laws, 

10 regulations, guidelines or procedures (in11 cluding barriers in timely restoration of 

12 benefits caused by delay in reinstatement 

13 of suspended Social Security disability ben14 efits); 

15 ‘‘(iv) education programs, financial 

16 assistance, and full civic participation; 

17 ‘‘(v) TANF program funding criteria 

18 and other welfare benefits; 

19 ‘‘(vi) sustainable employment and ca20 reer advancement, including barriers that 

21 are not directly connected to the crime 

22 committed and the risk that the offender 

23 presents to the community; 

24 ‘‘(vii) laws, regulations, rules, and 

25 practices that restrict Federal employment 


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1 licensure and participation in Federal con2 tracting programs; 

3 ‘‘(viii) admissions to and evictions 

4 from Federal housing programs, includ5 ing— 

6 ‘‘(I) examining the number and 

7 characteristics of offenders who are 

8 evicted from or denied eligibility for 

9 Federal housing programs; 

10 ‘‘(II) the effect of eligibility deni11 als and evictions on homelessness, 

12 family stability, and family reunifica13 tion; 

14 ‘‘(III) the extent to which arrest 

15 records are the basis for denying ap16 plications; 

17 ‘‘(IV) the implications of consid18 ering misdemeanor convictions that 

19 occurred more than 5 years before the 

20 date of an application and felony con21 victions that occurred more than 10 

22 years before the date of an applica23 tion, and the appropriateness of tak24 ing into account rehabilitation and 

25 other mitigating factors; and 


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1 ‘‘(V) the feasibility of using pro2 bationary or conditional eligibility 

3 based on participation in a supervised 

4 rehabilitation program or other appro5 priate social services; 

6 ‘‘(ix) reentry procedures, case plan7 ning, and transitions of offenders from the 

8 custody of the Bureau of Prisons to a Fed9 eral parole or probation program, or to 

10 community corrections; 

11 ‘‘(x) laws, regulations, rules, and 

12 practices that may require a parolee to re13 turn to the same county that the parolee 

14 was living in prior to being arrested, and 

15 the potential for changing such laws, regu16 lations, rules, and practices; and 

17 ‘‘(xi) prerelease planning procedures 

18 for offenders to ensure that the eligibility 

19 of an offender for Federal or State benefits 

20 (including Medicaid, Medicare, Social Se21 curity and veterans benefits) upon release 

22 is established prior to release, subject to 

23 any limitations in law, and to ensure that 

24 offenders are provided with referrals to ap25 propriate social and health services or are 


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1 linked to appropriate nonprofit organiza2 tions. 

3 ‘‘(4) ANNUAL REPORTS.—On an annual basis, 

4 the task force established under paragraph (1) shall 

5 submit to Congress a report on the activities of the 

6 task force, including specific recommendations of the 

7 task force on matters referred to in paragraph (2). 

8 ‘‘(5) STANDARDS FOR ANALYSIS.—Any statis9 tical analysis of population data under this section 

10 shall be conducted in accordance with the Federal 

11 Register Notice dated October 30, 1997, relating to 

12 classification standards.’’. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 2976 of the Omnibus Crime Control and Safe Streets Act 

15 of 1968 (42 U.S.C. 3797w) is amended in subsection 

16 (p)(1), as redesignated by subsection (d)(1) of this section, 

17 by striking ‘‘$15,000,000’’ and all that follows, and insert18 ing ‘‘$100,000,000 for each of the fiscal years 2008 and 

19 2009.’’. 

20 SEC. 112. CHILDREN OF INCARCERATED PARENTS AND 

21 FAMILIES. 

22 The Secretary of Health and Human Services may— 

23 (1) prepare and make available to States a re24 port on any recommendations regarding the role of 


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1 State child protective services at the time of the ar2 rest of an individual; and 

3 (2) by regulation, establish such services as the 

4 Secretary determines necessary for the preservation 

5 of families that have been impacted by the incarcer6 ation of a family member, with special attention 

7 given to the impact on children. 

8 SEC. 113. ENCOURAGEMENT OF EMPLOYMENT OF FORMER 

9 PRISONERS. 

10 The Secretary of Labor shall take such steps as are 

11 necessary to implement a program, including a program 

12 carried out through the Employment and Training Admin13 istration, to educate employers, and to educate one-stop 

14 partners and one-stop operators (as such terms are de15 fined in section 101 of the Workforce Investment Act of 

16 1998 (29 U.S.C. 2801)), about incentives (in existence as 

17 of the date of the implementation), including the Federal 

18 bonding program carried out through the Employment 

19 and Training Administration and tax credits, for hiring 

20 former Federal, State, or local prisoners. 

21 SEC. 114. NATIONAL RESOURCE CENTER FOR CHILDREN 

22 AND FAMILIES OF THE INCARCERATED. 

23 There are authorized to be appropriated to the Sec24 retary of Health and Human Services for fiscal years 2008 

25 and 2009, such sums as may be necessary for the conVerDate Aug 31 2005 23:48 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692

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1 tinuing activities of the National Resource Center for Chil2 dren and Families of the Incarcerated, including con3 ducting a review of the policies and practices of State and 

4 Federal corrections agencies to support parent-child rela5 tionships. 

6 SEC. 115. USE OF VIOLENT OFFENDER TRUTH-IN-SEN7 TENCING GRANT FUNDING FOR DEMONSTRA8 TION PROJECT ACTIVITIES. 

9 Section 20102(a) of the Violent Crime Control and 

10 Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is 

11 amended— 

12 (1) in paragraph (2), by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (3), by striking the period at 

15 the end and inserting ‘‘; and’’; and 

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

17 ‘‘(4) to carry out any activity described in sub18 section (b) or (c) of section 2976 of the Omnibus 

19 Crime Control and Safe Streets Act of 1968 (42 

20 U.S.C. 3797w (b) and (c)).’’. 


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1 SEC. 116. GRANTS TO STUDY PAROLE OR POST-INCARCER2 ATION SUPERVISION VIOLATIONS AND REV3 OCATIONS. 

4 (a) GRANTS AUTHORIZED.—The Attorney General 

5 may award grants to States to study and to improve the 

6 collection of data with respect to— 

7 (1) offenders whose parole or post-incarceration 

8 supervision is revoked; and 

9 (2) which such offenders represent the greatest 

10 risk to community safety. 

11 (b) REQUIREMENTS.—As a condition of receiving a 

12 grant under this section, the Governor or other chief exec13 utive officer of a State shall— 

14 (1) certify that the State has, or intends to es15 tablish, a program that collects comprehensive and 

16 reliable data with respect to individuals described in 

17 subsection (a)(1), including data on— 

18 (A) the number and type of parole or post19 incarceration supervision violations that occur 

20 within that State; 

21 (B) the reasons for parole or post-incarcer22 ation supervision revocation; 

23 (C) the underlying behavior that led to the 

24 revocations; and 


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1 (D) the terms of imprisonment or other 

2 penalties that are imposed for the violations; 

3 and 

4 (2) provide the data described in paragraph (1) 

5 to the Bureau of Justice Statistics, in a form pre6 scribed by the Bureau. 

7 (c) STANDARDS OF ANALYSIS.—Any statistical anal8 ysis of population data conducted under this section shall 

9 be conducted in accordance with the Federal Register No10 tice dated October 30, 1997, relating to classification 

11 standards. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this section 

14 $1,000,000 for each fiscal years 2008 and 2009. 

15 SEC. 117. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE 

16 ABUSE TREATMENT FOR STATE PRISONERS 

17 PROGRAM. 

18 Section 1904(d) of the Omnibus Crime Control and 

19 Safe Streets Act of 1968 (42 U.S.C. 3796ff–3(d)) is 

20 amended to read as follows: 

21 ‘‘(d) RESIDENTIAL SUBSTANCE ABUSE TREAT22 MENT.—In this part, the term ‘residential substance abuse 

23 treatment’— 

24 ‘‘(1) means a course of individual and group ac25 tivities and treatment, lasting at least 6 months, in 


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1 residential treatment facilities set apart from the 

2 general prison population; and 

3 ‘‘(2) may include the use of pharmacotherapies 

4 where appropriate, that may extend beyond the 6- 

5 month period.’’. 

6 SEC. 118. RESIDENTIAL DRUG ABUSE PROGRAM IN FED7 ERAL PRISONS. 

8 Section 3621(e)(5)(A) of title 18, United States 

9 Code, is amended by striking ‘‘means a course of’’ and 

10 all that follows through the semicolon at the end and in11 serting the following: ‘‘means a course of individual and 

12 group activities and treatment, lasting at least 6 months, 

13 in residential treatment facilities set apart from the gen14 eral prison population (which may include the use of 

15 pharmacotherapies, where appropriate, that may extend 

16 beyond the 6-month period);’’. 

17 SEC. 119. REMOVAL OF LIMITATION ON AMOUNT OF FUNDS 

18 AVAILABLE FOR CORRECTIONS EDUCATION 

19 PROGRAMS UNDER THE ADULT EDUCATION 

20 AND FAMILY LITERACY ACT. 

21 (a) IN GENERAL.—Section 222(a)(1) of the Adult 

22 Education and Family Literacy Act (20 U.S.C. 

23 9222(a)(1)) is amended by striking ‘‘, of which not more 

24 than 10 percent of the 82.5 percent shall be available to 

25 carry out section 225’’. 


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1 (b) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Secretary of Education 

3 shall submit to Congress a report— 

4 (1) on the use of literacy funds provided under 

5 the Adult Education and Family Literacy Act (20 

6 U.S.C. 9201 et seq.) to correctional institutions as 

7 defined in section 225(d)(2) of that Act (20 U.S.C. 

8 9225(d)(2)); and 

9 (2) that specifies the amount of literacy funds 

10 that are provided to each category of correctional in11 stitution in each State, and identify whether funds 

12 are being sufficiently allocated among the various 

13 types of institutions. 

14 SEC. 120. MENTORING GRANTS TO NONPROFIT ORGANIZA15 TIONS. 

16 (a) AUTHORITY TO MAKE GRANTS.—From amounts 

17 made available to carry out this section, the Attorney Gen18 eral shall make grants, in consultation with the Secretary 

19 of Labor and the Secretary of Housing and Urban Devel20 opment, to nonprofit organizations for the purpose of pro21 viding mentoring and other transitional services essential 

22 to the reentry of offenders into the community. 

23 (b) USE OF FUNDS.—A grant under subsection (a) 

24 may be used for— 


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1 (1) mentoring adult and juvenile offenders dur2 ing incarceration, during transition back to the com3 munity, and post-incarceration; and 

4 (2) transitional services to assist in the reentry 

5 of offenders into the community. 

6 (c) APPLICATION; PRIORITY CONSIDERATION.— 

7 (1) IN GENERAL.—To be eligible to receive a 

8 grant under this section, a nonprofit organization 

9 shall submit an application to the Attorney General 

10 based on criteria developed by the Attorney General, 

11 in consultation with the Secretary of Labor and the 

12 Secretary of Housing and Urban Development. 

13 (2) PRIORITY.—The Attorney General shall give 

14 priority consideration to applications that— 

15 (A) include a plan to implement activities 

16 that have been demonstrated to be effective in 

17 facilitating the successful reentry of offenders 

18 into the community; and 

19 (B) provide for an independent evaluation. 

20 (d) STRATEGIC PERFORMANCE OUTCOMES.—The At21 torney General shall require each applicant under this sec22 tion to identify specific performance outcomes related to 

23 the long-term goal of stabilizing communities by reducing 

24 recidivism and reintegrating offenders into the commu25 nity. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Attorney General 

3 to carry out this section $25,000,000 for each of fiscal 

4 years 2008 and 2009. 

5 SEC. 121. CLARIFICATION OF AUTHORITY TO PLACE PRIS6 ONER IN COMMUNITY CORRECTIONS. 

7 Section 3624(c) of title 18, United States Code, is 

8 amended to read as follows: 

9 ‘‘(c) PRERELEASE CUSTODY.— 

10 ‘‘(1) IN GENERAL.—The Bureau of Prisons 

11 shall, to the extent practicable, assure that a pris12 oner serving a term of imprisonment spends 20 per13 cent of the final portion of such term, not to exceed 

14 12 months, under conditions that will afford the 

15 prisoner a reasonable opportunity to adjust to and 

16 prepare for reentry into the community. Such condi17 tions may include a community correctional facility. 

18 ‘‘(2) AUTHORITY.—The Bureau of Prisons is 

19 authorized to place a prisoner in home confinement 

20 for the final portion of the term of imprisonment of 

21 that prisoner, not to exceed the shorter of 10 per22 cent of that term of imprisonment or 6 months. 

23 ‘‘(3) ASSISTANCE.—The United States Proba24 tion System shall, to the extent practicable, offer asVerDate Aug 31 2005 23:48 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692

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1 sistance to a prisoner during any prerelease custody 

2 under this subsection. 

3 ‘‘(4) NO LIMITATIONS.—Nothing in this sub4 section shall be construed to limit or restrict the au5 thority of the Bureau of Prisons granted under sec6 tion 3621 of this title.’’. 

7 SEC. 122. GRANTS TO STATES FOR IMPROVED WORKPLACE 

8 AND COMMUNITY TRANSITION TRAINING FOR 

9 INCARCERATED YOUTH OFFENDERS. 

10 Section 821 of the Higher Education Amendments of 

11 1998 (20 U.S.C. 1151) is amended to read as follows: 

12 ‘‘SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE 

13 AND COMMUNITY TRANSITION TRAINING FOR 

14 INCARCERATED YOUTH OFFENDERS. 

15 ‘‘(a) DEFINITION.—For purposes of this section, the 

16 term ‘youth offender’ means a male or female offender 

17 under the age of 35, who is incarcerated in a State prison, 

18 including a prerelease facility. 

19 ‘‘(b) GRANT PROGRAM.—The Secretary of Education 

20 (in this section referred to as the ‘Secretary’)— 

21 ‘‘(1) shall establish a program in accordance 

22 with this section to provide grants to the State cor23 rectional education agencies in the States, from allo24 cations for the States under subsection (h), to assist 


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1 and encourage youth offenders to acquire functional 

2 literacy, life, and job skills, through— 

3 ‘‘(A) the pursuit of a postsecondary edu4 cation certificate, or an associate or bachelor’s 

5 degree while in prison; and 

6 ‘‘(B) employment counseling and other re7 lated services which start during incarceration 

8 and end not later than 1 year after release from 

9 confinement; and 

10 ‘‘(2) may establish such performance objectives 

11 and reporting requirements for State correctional 

12 education agencies receiving grants under this sec13 tion as the Secretary determines are necessary to as14 sess the effectiveness of the program under this sec15 tion. 

16 ‘‘(c) APPLICATION.—To be eligible for a grant under 

17 this section, a State correctional education agency shall 

18 submit to the Secretary a proposal for a youth offender 

19 program that— 

20 ‘‘(1) identifies the scope of the problem, includ21 ing the number of youth offenders in need of post22 secondary education and career and technical edu23 cation; 


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1 ‘‘(2) lists the accredited public or private edu2 cational institution or institutions that will provide 

3 postsecondary educational services; 

4 ‘‘(3) lists the cooperating agencies, public and 

5 private, or businesses that will provide related serv6 ices, such as counseling in the areas of career devel7 opment, substance abuse, health, and parenting 

8 skills; 

9 ‘‘(4) describes specific performance objectives 

10 and evaluation methods (in addition to, and con11 sistent with, any objectives established by the Sec12 retary under subsection (b)(2)) that the State cor13 rectional education agency will use in carrying out 

14 its proposal, including— 

15 ‘‘(A) specific and quantified student out16 come measures that are compared with out17 comes for non-program participants with simi18 lar demographic characteristics; and 

19 ‘‘(B) measures, consistent with the data 

20 elements and definitions described in subsection 

21 (d)(1)(A), of— 

22 ‘‘(i) program completion, including an 

23 explicit definition of what constitutes a 

24 program completion within the proposal; 


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1 ‘‘(ii) knowledge and skill attainment, 

2 including specification of instruments that 

3 will measure knowledge and skill attain4 ment; 

5 ‘‘(iii) attainment of employment both 

6 before and after release; 

7 ‘‘(iv) success in employment indicated 

8 by job retention and advancement; and 

9 ‘‘(v) recidivism, including such sub10 indicators as time before subsequent of11 fense and severity of subsequent offense; 

12 ‘‘(5) describes how the proposed programs are 

13 to be integrated with existing State correctional edu14 cation programs (such as adult education, graduate 

15 education degree programs, and career and technical 

16 education) and State industry programs; 

17 ‘‘(6) describes how the proposed programs will 

18 utilize technology to deliver the services under this 

19 section; and 

20 ‘‘(7) describes how students will be selected so 

21 that only youth offenders eligible under subsection 

22 (e) will be enrolled in a program receiving a grant 

23 under this section. 


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1 ‘‘(d) PROGRAM REQUIREMENTS.—Each State correc2 tional education agency receiving a grant under this sec3 tion shall— 

4 ‘‘(1) annually report to the Secretary regard5 ing— 

6 ‘‘(A) the results of the evaluations con7 ducted using data elements and definitions pro8 vided by the Secretary for the use of State cor9 rectional education programs; 

10 ‘‘(B) any objectives or requirements estab11 lished by the Secretary pursuant to subsection 

12 (b)(2); and 

13 ‘‘(C) the additional performance objectives 

14 and evaluation methods contained in the pro15 posal described in subsection (c)(4), as nec16 essary to document the attainment of project 

17 performance objectives; and 

18 ‘‘(2) expend on each participating eligible stu19 dent for an academic year, not more than the max20 imum Federal Pell Grant appropriated under section 

21 401 of the Higher Education Act of 1965 for such 

22 academic year, which shall be used for— 

23 ‘‘(A) tuition, books, and essential mate24 rials; and 


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1 ‘‘(B) related services such as career devel2 opment, substance abuse counseling, parenting 

3 skills training, and health education. 

4 ‘‘(e) STUDENT ELIGIBILITY.—A youth offender shall 

5 be eligible for participation in a program receiving a grant 

6 under this section if the youth offender— 

7 ‘‘(1) is eligible to be released within 5 years (in8 cluding a youth offender who is eligible for parole 

9 within such time); and 

10 ‘‘(2) is 35 years of age or younger. 

11 ‘‘(f) LENGTH OF PARTICIPATION.—A State correc12 tional education agency receiving a grant under this sec13 tion shall provide educational and related services to each 

14 participating youth offender for a period not to exceed 5 

15 years, 1 year of which may be devoted to study in a grad16 uate education degree program or to remedial education 

17 services for students who have obtained a secondary school 

18 diploma or its recognized equivalent. Educational and re19 lated services shall start during the period of incarceration 

20 in prison or prerelease, and the related services may con21 tinue for not more than 1 year after release from confine22 ment. 

23 ‘‘(g) EDUCATION DELIVERY SYSTEMS.—State cor24 rectional education agencies and cooperating institutions 

25 shall, to the extent practicable, use high-tech applications 


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1 in developing programs to meet the requirements and 

2 goals of this section. 

3 ‘‘(h) ALLOCATION OF FUNDS.—From the funds ap4 propriated pursuant to subsection (i) for each fiscal year, 

5 the Secretary shall allot to each State an amount that 

6 bears the same relationship to such funds as the total 

7 number of youth offenders eligible under subsection (e) 

8 in such State bears to the total number of such youth of9 fenders in all States. 

10 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to carry out this section 

12 $30,000,000 for fiscal years 2008 and 2009.’’. 

13 SEC. 123. IMPROVED REENTRY PROCEDURES FOR FED14 ERAL PRISONERS. 

15 (a) GENERAL REENTRY PROCEDURES.—The Attor16 ney General shall take such steps as are necessary to mod17 ify existing procedures and policies to enhance case plan18 ning and to improve the transition of offenders from the 

19 custody of the Bureau of Prisons to the community, in20 cluding placement of such individuals in community cor21 rections facilities. 

22 (b) PROCEDURES REGARDING BENEFITS.— 

23 (1) IN GENERAL.—The Bureau of Prisons shall 

24 establish reentry planning procedures within the Re25 lease Preparation Program that include providing 


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1 Federal offenders with information in the following 

2 areas: 

3 (A) Health and nutrition. 

4 (B) Employment. 

5 (C) Personal finance and consumer skills. 

6 (D) Information and community resources. 

7 (E) Release requirements and procedures. 

8 (F) Personal growth and development. 

9 (2) FORMAT.—Any written information that the 

10 Bureau of Prisons provides to offenders for reentry 

11 planning purposes shall use common terminology 

12 and language. The Bureau of Prisons shall provide 

13 the United States Probation and Pretrial Services 

14 System with relevant information on the medical 

15 care needs and the mental health treatment needs of 

16 offenders scheduled for release and reentry into the 

17 community. The United States Probation and Pre18 trial Services System shall take this information into 

19 account when developing supervision plans in an ef20 fort to address the medical care and mental health 

21 care needs of such offenders. The Bureau of Prisons 

22 shall provide offenders with a sufficient amount of 

23 all necessary medications upon release from custody. 


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1 Subtitle C—Economic 

2 Empowerment 

3 SEC. 131. REAUTHORIZATION OF LEARN AND SERVE AMER4 ICA. 

5 Section 501(a)(1)(A) of the National and Community 

6 Service Act of 1990 (42 U.S.C. 12681(a)(1)(A)) is amend7 ed by striking ‘‘fiscal year 1994 and such sums as may 

8 be necessary for each of the fiscal years 1995 through 

9 1996’’ and inserting ‘‘fiscal year 2008 and each of the 

10 5 succeeding fiscal years’’. 

11 SEC. 132. JOB CORPS. 

12 Section 161 of the Workforce Investment Act of 1998 

13 (29 U.S.C. 2901) is amended by striking ‘‘such sums as 

14 may be necessary for each of the fiscal years 1999 through 

15 2003’’ and inserting ‘‘$1,800,000,000 (of which 

16 $300,000,000 shall be designated to create additional Job 

17 Corps centers, especially in high gang activity areas) for 

18 each of fiscal years 2008 through 2012’’. 

19 SEC. 133. WORKFORCE INVESTMENT ACT YOUTH ACTIVI20 TIES. 

21 Section 137(a) of the Workforce Investment Act of 

22 1998 (29 U.S.C. 2872(a)) is amended by striking ‘‘such 

23 sums as may be necessary for each of fiscal years 1999 

24 through 2003’’ and inserting ‘‘$1,000,000,000 for each of 

25 fiscal years 2008 through 2012’’. 


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1 SEC. 134. EXPANSION AND REAUTHORIZATION OF THE 

2 MENTORING INITIATIVE FOR SYSTEM IN3 VOLVED YOUTH. 

4 (a) EXPANSION.—Section 261(a) of the Juvenile Jus5 tice and Delinquency Prevention Act of 1974 (42 U.S.C. 

6 5665(a)) is amended by inserting at the end the following: 

7 ‘‘The Administrator shall expand the number of sites re8 ceiving such grants from 4 to 12.’’. 

9 (b) REAUTHORIZATION.—Section 299 of the Juvenile 

10 Justice and Delinquency Prevention Act of 1974 (42 

11 U.S.C. 5671) is amended by striking subsection (c) and 

12 inserting the following: 

13 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR PART

14 E.—There are authorized to be appropriated to carry out 

15 part E $4,800,000 for each of the fiscal years 2008, 2009, 

16 2010, 2011, and 2012.’’. 

17 TITLE II—SUPPRESSION AND 

18 COMMUNITY ANTI-GANG INI19 TIATIVES 

20 Subtitle A—Gang Activity Policing 

21 Program 

22 SEC. 201. AUTHORITY TO MAKE GANG ACTIVITY POLICING 

23 GRANTS. 

24 The Attorney General may make grants to States, 

25 units of local government, Indian tribes, other public and 

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1 sortia thereof to increase police presence, to expand and 

2 improve cooperative efforts between law enforcement agen3 cies and members of the community to address gang activ4 ity problems, and to otherwise enhance public safety. 

5 SEC. 202. ELIGIBLE ACTIVITIES. 

6 Grants made under this subtitle may include pro7 grams, projects, and other activities to— 

8 (1) rehire law enforcement officers who have 

9 been laid off as a result of State and local budget 

10 reductions for deployment to reduce gang activity; 

11 (2) hire and train additional career law enforce12 ment officers for deployment to reduce gang activity; 

13 (3) procure equipment, technology, or support 

14 systems, or pay overtime, to increase the number of 

15 officers deployed in gang activity policing; 

16 (4) hire officers to perform intelligence activi17 ties to reduce gang activity; 

18 (5) increase the number of law enforcement of19 ficers involved in activities that are focused on inter20 action with members of the community or on 

21 proactive gang control and prevention by redeploying 

22 officers to such activities; 

23 (6) establish and implement innovative pro24 grams to increase and enhance proactive crime con25 trol and gang prevention programs involving law enVerDate Aug 31 2005 23:48 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692

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1 forcement officers and young persons in the commu2 nity; 

3 (7) establish school-based partnerships between 

4 local law enforcement agencies and local school sys5 tems by using school resource officers who operate 

6 in and around elementary and secondary schools to 

7 combat gangs; 

8 (8) develop new technologies, including inter9 operable communications technologies, modernized 

10 criminal record technology, and forensic technology, 

11 to assist State and local law enforcement agencies in 

12 reducing gang activity and to train law enforcement 

13 officers to use such technologies; and 

14 (9) support the purchase by law enforcement 

15 agencies of not more than 1 service weapon per offi16 cer, upon hiring for deployment in gang activity po17 licing or, if necessary, upon the initial redeployment 

18 of an officer to gang activity policing. 

19 SEC. 203. PREFERENTIAL CONSIDERATION OF APPLICA20 TIONS FOR CERTAIN GRANTS. 

21 In awarding grants under this subtitle, the Attorney 

22 General may give preferential consideration to appli23 cants— 

24 (1) for hiring and rehiring additional career law 

25 enforcement officers that involve a non-Federal conVerDate Aug 31 2005 23:48 Mar 29, 2007 Jkt 059200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H1692.IH H1692

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1 tribution exceeding the 25 percent minimum under 

2 this subtitle; and 

3 (2) that are located in a high-intensity inter4 state gang activity area designated under section 

5 211. 

6 SEC. 204. USE OF COMPONENTS. 

7 The Attorney General may use any component of the 

8 Department of Justice in carrying out this subtitle. 

9 SEC. 205. MINIMUM AMOUNT. 

10 Unless all applications submitted by any qualifying 

11 State and grantee within that State under this subtitle 

12 have been funded, each qualifying State, together with 

13 grantees within that State, shall receive in each fiscal year 

14 under this subtitle an amount equal to not less than 0.5 

15 percent of the total amount appropriated in that fiscal 

16 year for grants under this subtitle. In this section, ‘‘quali17 fying State’’ means any State that has submitted an appli18 cation for a grant, or in which a unit of local government, 

19 Indian tribe, other public or private entity, or multijuris20 dictional or regional consortia thereof has submitted an 

21 application for a grant, that meets the requirements estab22 lished by the Attorney General under this subtitle. 

23 SEC. 206. MATCHING FUNDS. 

24 (a) IN GENERAL.—The Federal share of the costs of 

25 a program, project, or activity carried out with a grant 


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1 under this subtitle shall be not more than 75 percent, un2 less the Attorney General waives, wholly or in part, the 

3 requirement under this section of a non-Federal contribu4 tion to the costs of a program, project, or activity. 

5 (b) HIRING.—For a grant for a period exceeding 1 

6 year for hiring or rehiring career law enforcement officers, 

7 the Federal share shall decrease each year for up to 5 

8 years, by an amount determined by the Attorney General, 

9 with a goal of the continuation of the increased hiring level 

10 using State or local sources of funding following the con11 clusion of Federal support. 

12 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

13 There are authorized to be appropriated to carry out 

14 this subtitle $700,000,000 for each of the fiscal years 

15 2008 through 2012. Any amount appropriated under this 

16 section shall remain available until expended. 

17 Subtitle B—High-Intensity 

18 Interstate Gang Activity Areas 

19 SEC. 211. DESIGNATION OF AND ASSISTANCE FOR ‘‘HIGH-IN20 TENSITY’’ INTERSTATE GANG ACTIVITY 

21 AREAS. 

22 (a) DEFINITIONS.—In this section the following defi23 nitions shall apply: 


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

2 a Governor or other chief executive officer of a 

3 State, or the Mayor of the District of Columbia. 

4 (2) HIGH-INTENSITY INTERSTATE GANG ACTIV5 ITY AREA.—The term ‘‘high-intensity interstate 

6 gang activity area’’ means an area within a State 

7 that is designated as a high-intensity interstate gang 

8 activity area under subsection (b)(1). 

9 (3) STATE.—The term ‘‘State’’— 

10 (A) means a State of the United States, 

11 the District of Columbia, and any common12 wealth, territory, or possession of the United 

13 States; and 

14 (B) includes an ‘‘Indian tribe’’, as that 

15 term is defined in section 102 of the Federally 

16 Recognized Indian Tribe List Act of 1994 (25 

17 U.S.C. 479a). 

18 (b) HIGH-INTENSITY INTERSTATE GANG ACTIVITY

19 AREAS.— 

20 (1) DESIGNATION.—The Attorney General, 

21 after consultation with the Governor of any appro22 priate State, may designate as high-intensity inter23 state gang activity areas, a specific area that is lo24 cated within 1 or more States, based on the criteria 

25 under paragraph (4). To the extent that the goals 


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1 of a high-intensity interstate gang activity area over2 lap with the goals of a high-intensity drug traf3 ficking area designed under section 707 of the Office 

4 of National Drug Control Policy Reauthorization Act 

5 of 1988 (21 U.S.C. 1706), the Attorney General 

6 may merge the 2 areas to serve both functions. The 

7 Attorney General may not make the final designa8 tion of a high-intensity interstate gang activity area 

9 without consulting with and receiving comment from 

10 local elected officials representing communities with11 in the affected States. 

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

13 assistance to high-intensity interstate gang activity 

14 areas, the Attorney General shall— 

15 (A) establish criminal street gang enforce16 ment teams, consisting of Federal, State, and 

17 local law enforcement authorities, for the co18 ordinated investigation, disruption, apprehen19 sion, and prosecution of criminal street gangs 

20 and offenders in each high-intensity interstate 

21 gang activity area; 

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 established under subparagraph 

4 (A); and 

5 (C) provide all necessary funding for the 

6 operation of such criminal street gang enforce7 ment teams in each high-intensity interstate 

8 gang activity area. 

9 (3) COMPOSITION OF CRIMINAL STREET GANG

10 ENFORCEMENT TEAM.—Each team established 

11 under paragraph (2)(A) shall consist of agents and 

12 officers, where feasible, from— 

13 (A) the Bureau of Alcohol, Tobacco, Fire14 arms, and Explosives; 

15 (B) the Department of Homeland Security; 

16 (C) the Department of Housing and Urban 

17 Development; 

18 (D) the Drug Enforcement Administration; 

19 (E) the Internal Revenue Service; 

20 (F) the Federal Bureau of Investigation; 

21 (G) the United States Marshals Service; 

22 (H) the United States Postal Service; 

23 (I) State and local law enforcement; and 

24 (J) Federal, State, and local prosecutors. 


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1 (4) CRITERIA FOR DESIGNATION.—In consid2 ering an area for designation as a high-intensity 

3 interstate gang activity area under this section, the 

4 Attorney General shall consider— 

5 (A) the current and predicted levels of 

6 gang crime activity in that area; 

7 (B) the extent to which violent crime in 

8 that area appears to be related to criminal 

9 street gang activity, such as drug trafficking, 

10 murder, robbery, assaults, carjacking, arson, 

11 kidnapping, extortion, and other criminal activ12 ity; 

13 (C) the extent to which State and local law 

14 enforcement agencies have committed resources 

15 to— 

16 (i) respond to the gang crime problem 

17 in that area; and 

18 (ii) participate in a gang enforcement 

19 team; 

20 (D) the extent to which a significant in21 crease in the allocation of Federal resources 

22 would enhance local response to the gang crime 

23 activities in that area; and 

24 (E) any other criteria that the Attorney 

25 General considers to be appropriate. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.— 

2 (1) IN GENERAL.—There are authorized to be 

3 appropriated $100,000,000 for each of fiscal years 

4 2008 to 2012 to carry out this section. 

5 (2) USE OF FUNDS.—Of amounts made avail6 able under paragraph (1) in each fiscal year— 

7 (A) 50 percent shall be used to carry out 

8 subsection (b)(2); and 

9 (B) 50 percent shall be used to make 

10 grants available for community-based programs 

11 to provide crime prevention, research, and 

12 intervention services that are designed for gang 

13 members and at-risk youth in a high-intensity 

14 interstate gang activity area. 

15 (3) REPORTING REQUIREMENTS.—Not later 

16 than February 1 of each year, the Attorney General 

17 shall provide a report to Congress which describes, 

18 for each high-intensity interstate gang activity 

19 area— 

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

21 goals and objectives; 

22 (B) the measurements used to evaluate the 

23 performance of the high-intensity interstate 

24 gang activity area in achieving the long-term 

25 and short-term goals; 


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1 (C) the age, composition, and membership 

2 of gangs in that high-intensity interstate gang 

3 activity area; 

4 (D) the number and nature of crimes com5 mitted by gangs in that high-intensity interstate 

6 gang activity area; and 

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

8 to compile that report. 

9 Subtitle C—Additional Funding 

10 SEC. 221. ADDITIONAL RESOURCES NEEDED BY THE FED11 ERAL BUREAU OF INVESTIGATION TO INVES12 TIGATE AND PROSECUTE VIOLENT CRIMINAL 

13 STREET GANGS. 

14 (a) RESPONSIBILITIES OF THE DIRECTOR OF THE

15 FBI.—The Director of the Federal Bureau of Investiga16 tion shall use any funds made available under this section 

17 to carry out the Safe Streets Program and to support the 

18 criminal street gang enforcement teams, established under 

19 section 211(b)(2), in high-intensity interstate gang activ20 ity areas designated under section 211(b)(1). 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi22 tion to amounts otherwise authorized, there are authorized 

23 to be appropriated $10,000,000 for each of fiscal years 

24 2008 through 2012 to carry out this section, to remain 

25 available until expended. 


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1 SEC. 222. GRANTS TO PROSECUTORS AND LAW ENFORCE2 MENT TO COMBAT VIOLENT CRIME AND TO 

3 PROTECT WITNESSES AND VICTIMS OF 

4 CRIMES. 

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

6 Crime Control and Law Enforcement Act of 1994 (42 

7 U.S.C. 13862) is amended— 

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

9 end; 

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

11 the end and inserting a semicolon; and 

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

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

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

15 and 

16 ‘‘(B) reduce backlogs; 

17 ‘‘(6) to fund technology, equipment, and train18 ing for prosecutors and law enforcement in order to 

19 increase accurate identification of gang members 

20 and violent offenders, and to maintain databases 

21 with such information to facilitate coordination 

22 among law enforcement and prosecutors; and 

23 ‘‘(7) to create and expand witness and victim 

24 protection programs to prevent threats, intimidation, 

25 and retaliation against victims of, and witnesses to, 

26 violent crimes.’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 31707 of the Violent Crime Control and Law Enforcement 

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

4 follows: 

5 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

6 ‘‘(a) IN GENERAL.—There are authorized to be ap7 propriated $32,000,000 for each of fiscal years 2008 

8 through 2012 to carry out this subtitle. 

9 ‘‘(b) USE OF FUNDS.—Of the amounts made avail10 able under subsection (a) in each fiscal year, $12,000,000 

11 shall be used to carry out section 31702(7).’’. 

12 SEC. 223. ENHANCEMENT OF PROJECT SAFE NEIGHBOR13 HOODS INITIATIVE TO IMPROVE ENFORCE14 MENT OF CRIMINAL LAWS AGAINST VIOLENT 

15 GANGS. 

16 (a) IN GENERAL.—The Attorney General is author17 ized to expand the Project Safe Neighborhoods program 

18 to require each United States attorney to— 

19 (1) identify, investigate, and prosecute signifi20 cant criminal street gangs operating within the dis21 trict of that United States attorney; 

22 (2) coordinate the identification, investigation, 

23 and prosecution of criminal street gangs among Fed24 eral, State, and local law enforcement agencies; and 


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1 (3) coordinate and establish criminal street 

2 gang enforcement teams, established under section 

3 211(b)(2), in high-intensity interstate gang activity 

4 areas designated under section 211(b)(1) within the 

5 district of that United States attorney. 

6 (b) ADDITIONAL STAFF FOR PROJECT SAFE NEIGH7 BORHOODS.— 

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

9 hire assistant United States attorneys, non-attorney 

10 coordinators, or paralegals to carry out this section. 

11 (2) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated 

13 $20,000,000 for each of fiscal years 2008 through 

14 2012 to carry out this section. 

15 SEC. 224. PROVIDING ADDITIONAL FORENSIC EXAMINERS. 

16 Section 816 of the USA PATRIOT Act (28 U.S.C. 

17 509 note) is amended— 

18 (1) in subsection (a)— 

19 (A) in paragraph (4), by striking ‘‘and’’ at 

20 the end; 

21 (B) by redesignating paragraph (5) as (6); 

22 and 

23 (C) by inserting after paragraph (4) the 

24 following: 


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1 ‘‘(5) to hire additional forensic examiners to 

2 help with forensic work and to fight gang activity; 

3 and’’; and 

4 (2) in subsection (b), by amending paragraph 

5 (1) to read as follows: 

6 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

7 There is authorized to be appropriated $55,000,000 

8 for each fiscal year to carry out this section.’’. 

9 TITLE III—PUNISHMENT AND 

10 IMPROVED CRIME DATA 

11 Subtitle A—Gang Crimes 

12 SEC. 301. CRIMINAL STREET GANGS. 

13 (a) CRIMINAL STREET GANG PROSECUTIONS.—Sec14 tion 521 of title 18, United States Code, is amended to 

15 read as follows: 

16 ‘‘§ 521. Criminal street gang prosecutions 

17 ‘‘(a) DEFINITIONS.—As used in this chapter: 

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

19 ‘criminal street gang’ means a formal or informal 

20 group, club, organization, or association of 5 or 

21 more individuals— 

22 ‘‘(A) who individually, jointly, or in com23 bination, have committed or attempted to com24 mit for the direct or indirect benefit of, at the 

25 direction of, in furtherance of, or in association 


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1 with the group, club organization, or association 

2 at least 2 separate acts, each of which is a 

3 predicate gang crime— 

4 ‘‘(i) 1 of which occurs after the date 

5 of enactment of the Fighting Gangs and 

6 Empowering Youth Act of 2007; 

7 ‘‘(ii) the last of which occurs not later 

8 than 5 years after the commission of a 

9 prior predicate gang crime (excluding any 

10 period of imprisonment); and 

11 ‘‘(iii) 1 of which is a crime of violence 

12 or involves manufacturing, importing, dis13 tributing, possessing with intent to dis14 tribute, or otherwise dealing in a controlled 

15 substance or listed chemical (as those 

16 terms are defined in section 102 of the 

17 Controlled Substances Act (21 U.S.C. 

18 802)); and 

19 ‘‘(B) whose activities affect interstate or 

20 foreign commerce, or involve the use of any fa21 cility of, or travel in, interstate or foreign com22 merce. 

23 ‘‘(2) PREDICATE GANG CRIME.—The term 

24 ‘predicate gang crime’ means— 


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1 ‘‘(A) any act, threat, conspiracy, or at2 tempted act, which is chargeable under Federal 

3 or State law and punishable by imprisonment 

4 for more than 1 year involving— 

5 ‘‘(i) murder; 

6 ‘‘(ii) manslaughter; 

7 ‘‘(iii) maiming; 

8 ‘‘(iv) assault with a dangerous weap9 on; 

10 ‘‘(v) assault resulting in serious bodily 

11 injury; 

12 ‘‘(vi) gambling; 

13 ‘‘(vii) kidnapping; 

14 ‘‘(viii) robbery; 

15 ‘‘(ix) extortion; 

16 ‘‘(x) arson; 

17 ‘‘(xi) obstruction of justice; 

18 ‘‘(xii) tampering with or retaliating 

19 against a witness, victim, or informant; 

20 ‘‘(xiii) burglary; 

21 ‘‘(xiv) sexual assault; 

22 ‘‘(xv) carjacking; or 

23 ‘‘(xvi) manufacturing, importing, dis24 tributing, possessing with intent to dis25 tribute, or otherwise dealing in a controlled 


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1 substance or listed chemicals (as those 

2 terms are defined in section 102 of the 

3 Controlled Substances Act (21 U.S.C. 

4 802)); 

5 ‘‘(B) any act punishable by imprisonment 

6 for more than 1 year under— 

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

8 materials); 

9 ‘‘(ii) section 922(g)(1) (where the un10 derlying conviction is a violent felony (as 

11 defined in section 924(e)(2)(B) of this 

12 title) or is a serious drug offense (as de13 fined in section 924(e)(2)(A) of this title)); 

14 ‘‘(iii) subsection (a)(2), (b), (c), (g), 

15 or (h) of section 924 (relating to receipt, 

16 possession, and transfer of firearms); 

17 ‘‘(iv) sections 1028 and 1029 (relating 

18 to fraud and related activity in connection 

19 with identification documents or access de20 vices); 

21 ‘‘(v) section 1503 (relating to obstruc22 tion of justice); 

23 ‘‘(vi) section 1510 (relating to ob24 struction of criminal investigations); 


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1 ‘‘(vii) section 1512 (relating to tam2 pering with a witness, victim, or inform3 ant) or section 1513 (relating to retaliating 

4 against a witness, victim, or informant); 

5 ‘‘(viii) section 1708 (relating to theft 

6 of stolen mail matter); 

7 ‘‘(ix) section 1951 (relating to inter8 ference with commerce, robbery or extor9 tion); 

10 ‘‘(x) section 1952 (relating to racket11 eering); 

12 ‘‘(xi) section 1956 (relating to the 

13 laundering of monetary instruments); 

14 ‘‘(xii) section 1957 (relating to engag15 ing in monetary transactions in property 

16 derived from specified unlawful activity); 

17 ‘‘(xiii) section 1958 (relating to use of 

18 interstate commerce facilities in the com19 mission of murder-for-hire); or 

20 ‘‘(xiv) sections 2312 through 2315 

21 (relating to interstate transportation of 

22 stolen motor vehicles or stolen property); 

23 or 

24 ‘‘(C) any violation of section 274 (relating 

25 to bringing in and harboring certain aliens), 


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1 section 277 (relating to aiding or assisting cer2 tain aliens to enter the United States), or sec3 tion 278 (relating to importation of alien for 

4 immoral purpose) of the Immigration and Na5 tionality Act (8 U.S.C. 1324, 1327, and 1328). 

6 ‘‘(3) SEXUAL ASSAULT.—The term ‘sexual as7 sault’ means any offense that involves conduct that 

8 would violate chapter 109A if the conduct occurred 

9 in the special maritime and territorial jurisdiction of 

10 the United States. 

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

12 the several States of the United States, the District 

13 of Columbia, and any commonwealth, territory, or 

14 possession of the United States. 

15 ‘‘(b) PARTICIPATION IN CRIMINAL STREET GANGS.— 

16 It shall be unlawful— 

17 ‘‘(1) to commit, or conspire or attempt to com18 mit a predicate gang crime— 

19 ‘‘(A) in furtherance or in aid of the activi20 ties of a criminal street gang; 

21 ‘‘(B) for the purpose of gaining entrance 

22 to or maintaining or increasing position in such 

23 a gang; or 


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1 ‘‘(C) for the direct or indirect benefit of 

2 the criminal street gang, or in association with 

3 the criminal street gang; or 

4 ‘‘(2) to employ, use, command, counsel, per5 suade, induce, entice, or coerce any individual to 

6 commit, cause to commit, or facilitate the commis7 sion of, a predicate gang crime— 

8 ‘‘(A) in furtherance or in aid of the activi9 ties of a criminal street gang; 

10 ‘‘(B) for the purpose of gaining entrance 

11 to or maintaining or increasing position in such 

12 a gang; or 

13 ‘‘(C) for the direct or indirect benefit of 

14 the criminal street gang, or in association with 

15 the criminal street gang. 

16 ‘‘(c) PENALTIES.—Whoever violates subsection (b)— 

17 ‘‘(1) shall be fined under this title, imprisoned 

18 for not more than 30 years, or both; and 

19 ‘‘(2) if the violation is based on a predicate 

20 gang crime for which the maximum penalty includes 

21 life imprisonment, shall be fined under this title, im22 prisoned for any term of years or for life, or both. 

23 ‘‘(d) FORFEITURE.— 

24 ‘‘(1) IN GENERAL.—The court, in imposing sen25 tence on a person who is convicted of an offense 


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1 under this section, shall order that the defendant 

2 forfeit to the United States— 

3 ‘‘(A) any property, real or personal, consti4 tuting or traceable to gross proceeds obtained 

5 from that offense; and 

6 ‘‘(B) any property used or intended to be 

7 used, in any manner or part, to commit or to 

8 facilitate the commission of that offense. 

9 ‘‘(2) CRIMINAL PROCEDURES.—The procedures 

10 under section 413 of the Controlled Substances Act 

11 (21 U.S.C. 853) (other than subsection (d) of that 

12 section) and under rule 32.2 of the Federal Rules of 

13 Criminal Procedure, shall apply to all stages of a 

14 criminal forfeiture proceeding under this section. 

15 ‘‘(3) CIVIL PROCEDURES.—Property subject to 

16 forfeiture under paragraph (1) may be forfeited in 

17 a civil case under the procedures set forth in chapter 

18 46 of this title.’’. 

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

20 at the beginning of chapter 26 of title 18, United States 

21 Code, is amended by striking the item relating to section 

22 521 and inserting the following: 

‘‘521. Criminal street gang prosecutions.’’. 


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1 SEC. 302. SOLICITATION OR RECRUITMENT OF PERSONS 

2 AND VIOLENT CRIMES IN FURTHERANCE OR 

3 IN AID OF CRIMINAL STREET GANGS. 

4 (a) SOLICITATION OR RECRUITMENT OF PERSONS IN

5 CRIMINAL STREET GANG ACTIVITY.—Chapter 26 of title 

6 18, United States Code, is amended by adding at the end 

7 the following: 

8 ‘‘§ 522. Recruitment of persons to participate in a 

9 criminal street gang 

10 ‘‘(a) PROHIBITED ACTS.—It shall be unlawful for any 

11 person to recruit, employ, solicit, induce, command, or 

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

13 criminal street gang, or conspire to do so, with the intent 

14 to cause that person to participate in a predicate gang 

15 crime. 

16 ‘‘(b) DEFINITION OF MINOR.—In this section, the 

17 term ‘minor’ means a person who is less than 18 years 

18 of age. 

19 ‘‘(c) PENALTIES.—Any person who violates sub20 section (a) shall— 

21 ‘‘(1) be imprisoned not more than 10 years, 

22 fined under this title, or both; or 

23 ‘‘(2) if the person recruited, solicited, induced, 

24 commanded, or caused to participate or remain in a 

25 criminal street gang is under the age of 18— 


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1 ‘‘(A) be imprisoned for not more than 20 

2 years, fined under this title, or both; and 

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

4 judge, be liable for any costs incurred by the 

5 Federal Government, or by any State or local 

6 government, for housing, maintaining, and 

7 treating the person until the person attains the 

8 age of 18 years.’’. 

9 (b) VIOLENT CRIMES AND CRIMINAL STREET GANG

10 RECRUITMENT.—Chapter 26 of title 18, United States 

11 Code, as amended by this Act, is amended by adding at 

12 the end the following: 

13 ‘‘§ 523. Violent crimes in furtherance or in aid of a 

14 criminal street gang 

15 ‘‘Any person who, for the purpose of gaining entrance 

16 to or maintaining or increasing position in, or in further17 ance or in aid of, or for the direct or indirect benefit of, 

18 or in association with a criminal street gang, or as consid19 eration for the receipt of, or as consideration for a promise 

20 or agreement to pay, anything of pecuniary value to or 

21 from a criminal street gang, murders, kidnaps, sexually 

22 assaults, maims, assaults with a dangerous weapon, com23 mits assault resulting in serious bodily injury upon, com24 mits any other crime of violence or threatens to commit 

25 a crime of violence against any individual, or attempts or 


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1 conspires to do so, shall be punished, in addition and con2 secutive to the punishment provided for any other violation 

3 of this chapter— 

4 ‘‘(1) for murder, by imprisonment for any term 

5 of years or for life, a fine under this title, or both; 

6 ‘‘(2) for kidnapping or sexual assault, by im7 prisonment for any term of years or for life, a fine 

8 under this title, or both; 

9 ‘‘(3) for maiming, by imprisonment for any 

10 term of years or for life, a fine under this title, or 

11 both; 

12 ‘‘(4) for assault with a dangerous weapon or as13 sault resulting in serious bodily injury, by imprison14 ment for not more than 30 years, a fine under this 

15 title, or both; 

16 ‘‘(5) for any other crime of violence, by impris17 onment for not more than 20 years, a fine under 

18 this title, or both; 

19 ‘‘(6) for threatening to commit a crime of vio20 lence specified in paragraphs (1) through (4), by im21 prisonment for not more than 10 years, a fine under 

22 this title, or both; 

23 ‘‘(7) for attempting or conspiring to commit 

24 murder, kidnapping, maiming, or sexual assault, by 


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1 imprisonment for not more than 30 years, a fine 

2 under this title, or both; and 

3 ‘‘(8) for attempting or conspiring to commit a 

4 crime involving assault with a dangerous weapon or 

5 assault resulting in serious bodily injury, by impris6 onment for not more than 20 years, a fine under 

7 this title, or both.’’. 

8 (c) CLERICAL AMENDMENT.—The table of sections 

9 at the beginning of chapter 26 of title 18, United States 

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

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

‘‘523. Violent crimes in furtherance of a criminal street gang.’’. 

11 SEC. 303. INTERSTATE AND FOREIGN TRAVEL OR TRANS12 PORTATION IN AID OF RACKETEERING EN13 TERPRISES AND CRIMINAL STREET GANGS. 

14 Section 1952 of title 18, United States Code, is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) by striking ‘‘and thereafter performs 

18 or attempts to perform’’ and inserting ‘‘and 

19 thereafter performs, or attempts or conspires to 

20 perform’’; and 

21 (B) by striking ‘‘5 years’’ and inserting 

22 ‘‘10 years’’; 

23 (2) by redesignating subsections (b) and (c) as 

24 subsections (c) and (d), respectively; 


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1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) Whoever travels in interstate or foreign com4 merce or uses the mail or any facility in interstate or for5 eign commerce, with the intent to kill, assault, bribe, force, 

6 intimidate, or threaten any person, to delay or influence 

7 the testimony of, or prevent from testifying, a witness in 

8 a State criminal proceeding and thereafter performs, or 

9 attempts or conspires to perform, an act described in this 

10 subsection, shall— 

11 ‘‘(1) be fined under this title, imprisoned for 

12 any term of years, or both; and 

13 ‘‘(2) if death results, imprisoned for any term 

14 of years or for life.’’; and 

15 (4) in subsection (c)(2), as redesignated under 

16 subparagraph (B), by inserting ‘‘intimidation of, or 

17 retaliation against, a witness, victim, juror, or in18 formant,’’ after ‘‘extortion, bribery,’’. 

19 SEC. 304. AMENDMENTS RELATING TO VIOLENT CRIME IN 

20 AREAS OF EXCLUSIVE FEDERAL JURISDIC21 TION. 

22 (a) ASSAULT WITHIN MARITIME AND TERRITORIAL

23 JURISDICTION OF UNITED STATES.—Section 113(a)(3) of 

24 title 18, United States Code, is amended by striking ‘‘with 


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1 intent to do bodily harm, and without just cause or ex2 cuse,’’. 

3 (b) MANSLAUGHTER.—Section 1112(b) of title 18, 

4 United States Code, is amended by— 

5 (1) striking ‘‘ten years’’ and inserting ‘‘20 

6 years’’; and 

7 (2) striking ‘‘six years’’ and inserting ‘‘10 

8 years’’. 

9 (c) OFFENSES COMMITTED WITHIN INDIAN COUN10 TRY.—Section 1153(a) of title 18, United States Code, is 

11 amended by inserting ‘‘an offense for which the maximum 

12 statutory term of imprisonment under section 1363 is 

13 greater than 5 years,’’ after ‘‘a felony under chapter 

14 109A,’’. 

15 (d) RACKETEER INFLUENCED AND CORRUPT ORGA16 NIZATIONS.—Section 1961(1)(A) of title 18, United 

17 States Code, is amended by inserting ‘‘, or would have 

18 been so chargeable if the act or threat (other than lawful 

19 forms of gambling) had not been committed in Indian 

20 country (as defined in section 1151) or in any other area 

21 of exclusive Federal jurisdiction,’’ after ‘‘chargeable under 

22 State law’’. 

23 (e) CARJACKING.—Section 2119 of title 18, United 

24 States Code, is amended by striking ‘‘, with the intent to 

25 cause death or serious bodily harm’’. 


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1 (f) CLARIFICATION OF PROHIBITION ON FIREARM

2 TRANSFER TO COMMIT CRIME OF VIOLENCE OR DRUG

3 TRAFFICKING CRIME.—Section 924(h) of title 18, United 

4 States Code, is amended— 

5 (1) by inserting ‘‘, or will be possessed in fur6 therance of,’’ after ‘‘commit’’; and 

7 (2) by striking ‘‘10 years’’ and inserting ‘‘20 

8 years’’. 

9 (g) AMENDMENT OF SPECIAL SENTENCING PROVI10 SION.—Section 3582(d) of title 18, United States Code, 

11 is amended— 

12 (1) by striking ‘‘chapter 95 (racketeering) or 96 

13 (racketeer influenced and corrupt organizations) of 

14 this title’’ and inserting ‘‘section 521 (criminal 

15 street gangs) or 523 (violent crimes in furtherance 

16 or in aid of criminal street gangs), in chapter 95 

17 (racketeering) or 96 (racketeer influenced and cor18 rupt organizations),’’; and 

19 (2) by inserting ‘‘a criminal street gang or’’ be20 fore ‘‘an illegal enterprise’’. 

21 (h) CONFORMING AMENDMENT RELATING TO OR22 DERS FOR RESTITUTION.—Section 3663(c)(4) of title 18, 

23 United States Code, is amended by striking ‘‘chapter 46 

24 or chapter 96 of this title’’ and inserting ‘‘section 521, 

25 under chapter 46 or 96,’’. 


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1 (i) SPECIAL PROVISION FOR INDIAN COUNTRY.—No 

2 person subject to the criminal jurisdiction of an Indian 

3 tribal government shall be subject to section 3559(e) of 

4 title 18, United States Code, for any offense for which 

5 Federal jurisdiction is solely predicated on the fact that 

6 the offense was committed in Indian country (as defined 

7 in section 1151 of such title 18) and which occurs within 

8 the boundaries of such Indian country, unless the gov9 erning body of such Indian tribe elects to subject the per10 sons under the criminal jurisdiction of the tribe to section 

11 3559(e) of such title 18. 

12 SEC. 305. INCREASED PENALTIES FOR USE OF INTERSTATE 

13 COMMERCE FACILITIES IN THE COMMISSION 

14 OF MURDER-FOR-HIRE AND OTHER FELONY 

15 CRIMES OF VIOLENCE. 

16 (a) IN GENERAL.—Section 1958 of title 18, United 

17 States Code, is amended— 

18 (1) by striking the heading and inserting the 

19 following: 

20 ‘‘§ 1958. Use of interstate commerce facilities in the 

21 commission of murder-for-hire and other 

22 felony crimes of violence’’; 

23 (2) in subsection (a), by striking ‘‘Whoever’’ 

24 and all that follows through ‘‘conspires to do so’’ 

25 and inserting the following: ‘‘Any person who travels 


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1 in or causes another (including the intended victim) 

2 to travel in interstate or foreign commerce, or uses 

3 or causes another (including the intended victim) to 

4 use the mail or any facility in interstate or foreign 

5 commerce, with intent that a murder or other felony 

6 crime of violence be committed in violation of the 

7 laws of any State or the United States as consider8 ation for the receipt of, or as consideration for a 

9 promise or agreement to pay, anything of pecuniary 

10 value, or who conspires to do so’’. 

11 (3) striking ‘‘ten years’’ and inserting ‘‘20 

12 years’’; and 

13 (4) by striking ‘‘twenty years’’ and inserting 

14 ‘‘30 years’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

16 The table of sections at the beginning of chapter 95 of 

17 title 18, United States Code, is amended by striking the 

18 item relating to section 1958 and inserting the following: 

‘‘1958. Use of interstate commerce facilities in the Commission at murder-forhire and other felony crimes of violence.’’. 

19 SEC. 306. INCREASED PENALTIES FOR VIOLENT CRIMES IN 

20 AID OF RACKETEERING ACTIVITY. 

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

22 amended— 

23 (1) by striking ‘‘Whoever’’ and all that follows 

24 through ‘‘punished’’ and inserting the following: 


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1 ‘‘Any person who, as consideration for the receipt of, 

2 or as consideration for a promise or agreement to 

3 pay, anything of pecuniary value from an enterprise 

4 engaged in racketeering activity, or for the purpose 

5 of gaining entrance to or maintaining or increasing 

6 position in an enterprise engaged in racketeering ac7 tivity, or in furtherance or in aid of an enterprise 

8 engaged in racketeering activity, murders, kidnaps, 

9 sexually assaults (as that term is defined in section 

10 521), maims, assaults with a dangerous weapon, 

11 commits assault resulting in serious bodily injury 

12 upon, or threatens to commit a crime of violence 

13 against any individual in violation of the laws of any 

14 State or the United States, or attempts or conspires 

15 to do so, shall be punished, in addition and consecu16 tive to the punishment provided for any other viola17 tion of this chapter’’; and 

18 (2) by striking paragraphs (2) through (6) and 

19 inserting the following: 

20 ‘‘(2) for kidnapping or sexual assault, by im21 prisonment for any term of years or for life, a fine 

22 under this title, or both; 

23 ‘‘(3) for maiming, by imprisonment for any 

24 term of years or for life, a fine under this title, or 

25 both; 


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1 ‘‘(4) for assault with a dangerous weapon or as2 sault resulting in serious bodily injury, by imprison3 ment for not more than 30 years, a fine under this 

4 title, or both; 

5 ‘‘(5) for threatening to commit a crime of vio6 lence, by imprisonment for not more than 10 years, 

7 a fine under this title, or both; 

8 ‘‘(6) for attempting or conspiring to commit 

9 murder, kidnapping, maiming, or sexual assault, by 

10 imprisonment for not more than 30 years, a fine 

11 under this title, or both; and 

12 ‘‘(7) for attempting or conspiring to commit as13 sault with a dangerous weapon or assault which 

14 would result in serious bodily injury, by imprison15 ment for not more than 20 years, a fine under this 

16 title, or both.’’. 

17 SEC. 307. VIOLENT CRIMES COMMITTED DURING AND IN 

18 RELATION TO A DRUG TRAFFICKING CRIME. 

19 (a) IN GENERAL.—Part D of the Controlled Sub20 stances Act (21 U.S.C. 841 et seq.) is amended by adding 

21 at the end the following: 

22 ‘‘VIOLENT CRIMES COMMITTED DURING AND IN

23 RELATION TO A DRUG TRAFFICKING CRIME

24 ‘‘SEC. 424. (a) IN GENERAL.—Any person who, dur25 ing and in relation to any drug trafficking crime, murders, 

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1 gerous weapon, commits assault resulting in serious bodily 

2 injury upon, commits any other crime of violence or 

3 threatens to commit a crime of violence against, any indi4 vidual, or attempts or conspires to do so, shall be pun5 ished, in addition and consecutive to the punishment pro6 vided for the drug trafficking crime— 

7 ‘‘(1) in the case of murder, by imprisonment for 

8 any term of years or for life, a fine under title 18, 

9 United States Code, or both; 

10 ‘‘(2) in the case of kidnapping or sexual assault 

11 by imprisonment for any term of years or for life, 

12 a fine under such title 18, or both; 

13 ‘‘(3) in the case of maiming, by imprisonment 

14 for any term of years or for life, a fine under such 

15 title 18, or both; 

16 ‘‘(4) in the case of assault with a dangerous 

17 weapon or assault resulting in serious bodily injury, 

18 by imprisonment not more than 30 years, a fine 

19 under such title 18, or both; 

20 ‘‘(5) in the case of committing any other crime 

21 of violence, by imprisonment for not more than 20 

22 years, a fine under such title 18, or both; 

23 ‘‘(6) in the case of threatening to commit a 

24 crime of violence specified in paragraphs (1) through 


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1 (4), by imprisonment for not more than 10 years, a 

2 fine under such title 18, or both; 

3 ‘‘(7) in the case of attempting or conspiring to 

4 commit murder, kidnapping, maiming, or sexual as5 sault, by imprisonment for not more than 30 years, 

6 a fine under such title 18, or both; and 

7 ‘‘(8) in the case of attempting or conspiring to 

8 commit a crime involving assault with a dangerous 

9 weapon or assault resulting in serious bodily injury, 

10 by imprisonment for not more than 20 years, a fine 

11 under such title 18, or both. 

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

13 section may be brought in— 

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

15 other crime of violence occurred; or 

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

18 ‘‘(c) DEFINITIONS.—As used in this section— 

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

21 States Code; 

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

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

24 18, United States Code; and 


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1 ‘‘(3) the term ‘sexually assault’ has the mean2 ing given that term in section 521 of title 18, United 

3 States Code.’’. 

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

5 for the Controlled Substances Act is amended by inserting 

6 after the item relating to section 423, the following: 

‘‘Sec. 424. Violent crimes committed during and in relation to a drug trafficking crime.’’. 

7 SEC. 308. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 3299A. Violent crime offenses 

12 ‘‘Except as otherwise expressly provided by law, no 

13 person shall be prosecuted, tried, or punished for any non14 capital felony, crime of violence (as defined in section 16), 

15 including any racketeering activity or gang crime which 

16 involves any violent crime, unless the indictment is found 

17 or the information is instituted by the later of— 

18 ‘‘(1) 10 years after the date on which the al19 leged violation occurred; 

20 ‘‘(2) 10 years after the date on which the con21 tinuing offense was completed; or 

22 ‘‘(3) 8 years after the date on which the alleged 

23 violation was first discovered.’’. 


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

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

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

‘‘3299A. Violent crime offenses.’’. 

4 SEC. 309. PREDICATE CRIMES FOR AUTHORIZATION OF 

5 INTERCEPTION OF WIRE, ORAL, AND ELEC6 TRONIC COMMUNICATIONS. 

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

8 amended— 

9 (1) in paragraph (q), by striking ‘‘or’.’’; 

10 (2) by redesignating paragraph (s) as para11 graph (u); and 

12 (3) by inserting after paragraph (r) the fol13 lowing: 

14 ‘‘(s) any violation of section 424 of the Con15 trolled Substances Act (relating to murder and other 

16 violent crimes in furtherance of a drug trafficking 

17 crime); 

18 ‘‘(t) any violation of section 521, 522, or 523 

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

20 SEC. 310. CLARIFICATION TO HEARSAY EXCEPTION FOR 

21 FORFEITURE BY WRONGDOING. 

22 Rule 804(b)(6) of the Federal Rules of Evidence is 

23 amended by striking ‘‘A statement’’ and all that follows 

24 and inserting: ‘‘A statement offered against a party that 

25 has engaged, acquiesced, or conspired, in wrongdoing that 


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1 was intended to, and did, procure the unavailability of the 

2 declarant as a witness.’’. 

3 SEC. 311. CLARIFICATION OF VENUE FOR RETALIATION 

4 AGAINST A WITNESS. 

5 Section 1513 of title 18, United States Code, is 

6 amended by— 

7 (1) redesignating subsection (e) beginning with 

8 ‘‘Whoever conspires’’ as subsection (f); and 

9 (2) adding at the end the following: 

10 ‘‘(g) A prosecution under this section may be brought 

11 in the district in which the official proceeding (whether 

12 or not pending, about to be instituted, or completed) was 

13 intended to be affected or was completed, or in which the 

14 conduct constituting the alleged offense occurred.’’. 

15 SEC. 312. AMENDMENT OF SENTENCING GUIDELINES RE16 LATING TO CERTAIN GANG AND VIOLENT 

17 CRIMES. 

18 (a) DIRECTIVE TO THE UNITED STATES SEN19 TENCING COMMISSION.—Pursuant to its authority under 

20 section 994(p) of title 28, United States Code, and in ac21 cordance with this section, the United States Sentencing 

22 Commission shall review and, if appropriate, amend its 

23 guidelines and its policy statements to conform to the 

24 amendments made by this title. 


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

2 the Sentencing Commission shall— 

3 (1) establish new guidelines and policy state4 ments, as warranted, in order to implement new or 

5 revised criminal offenses created under this title; 

6 (2) ensure that the sentencing guidelines and 

7 policy statements reflect the serious nature of the of8 fenses and the penalties set forth in this title, the 

9 growing incidence of serious gang and violent 

10 crimes, and the need to modify the sentencing guide11 lines and policy statements to deter, prevent, and 

12 punish such offenses; 

13 (3) consider the extent to which the guidelines 

14 and policy statements adequately address— 

15 (A) whether the guideline offense levels 

16 and enhancements for gang and violent 

17 crimes— 

18 (i) are sufficient to deter and punish 

19 such offenses; and 

20 (ii) are adequate in view of the statu21 tory increases in penalties contained in the 

22 amendments made by this title; and 

23 (B) whether any existing or new specific 

24 offense characteristics should be added to re25 flect congressional intent to increase gang and 


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1 violent crime penalties, punish offenders, and 

2 deter gang and violent crime; 

3 (4) assure reasonable consistency with other 

4 relevant directives and with other sentencing guide5 lines; 

6 (5) account for any additional aggravating or 

7 mitigating circumstances that might justify excep8 tions to the generally applicable sentencing ranges; 

9 (6) make any necessary conforming changes to 

10 the sentencing guidelines; and 

11 (7) assure that the guidelines adequately meet 

12 the purposes of sentencing under section 3553(a)(2) 

13 of title 18, United States Code. 

14 SEC. 313. STUDY ON EXPANDING FEDERAL AUTHORITY FOR 

15 JUVENILE OFFENDERS. 

16 (a) IN GENERAL.—Not later than 9 months after the 

17 date of enactment of this Act, the Comptroller General 

18 of the United States shall submit to the Committee on 

19 the Judiciary of the Senate and the Committee on the Ju20 diciary of the House of Representatives a report on the 

21 costs and benefits associated with expanding Federal au22 thority to prosecute offenders under the age of 18 years 

23 who are gang members who commit criminal offenses. 

24 (b) CONTENTS.—The report submitted under sub25 section (a) shall— 


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1 (1) examine the ability of the judicial systems 

2 of the States to respond effectively to juveniles who 

3 are members of criminal street gangs, as that term 

4 is defined in section 521 of title 18, United States 

5 Code, as amended by this Act; 

6 (2) examine the extent to which offenders who 

7 are 16 and 17 years old are members of criminal 

8 street gangs, and are accused of committing violent 

9 crimes and prosecuted in the adult criminal justice 

10 systems of the individual States; 

11 (3) determine the percentage of crimes com12 mitted by members of criminal street gangs that are 

13 committed by offenders who are 16 and 17 years 

14 old; 

15 (4) examine the extent to which United States 

16 attorneys bring criminal indictments and prosecute 

17 offenders under the age of 18 years, and the extent 

18 to which United States Attorneys’ offices include 

19 prosecutors with experience prosecuting juveniles for 

20 adult criminal violations; 

21 (5) examine the extent to which the Bureau of 

22 Prisons houses offenders under the age of 18 years, 

23 and has the ability and experience to meet the needs 

24 of young offenders; 


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1 (6) estimate the cost to the Federal Govern2 ment of prosecuting and incarcerating members of 

3 criminal street gangs who are 16 or 17 years old 

4 and are accused of violent crimes; and 

5 (7) detail any benefits for Federal prosecutions 

6 that would be realized by expanding Federal author7 ity to bring charges against members of criminal 

8 street gangs who are 16 or 17 years old and are ac9 cused of violent crimes. 

10 Subtitle B—Firearms Offenses 

11 SEC. 321. EXPANSION OF REBUTTABLE PRESUMPTION 

12 AGAINST RELEASE OF PERSONS CHARGED 

13 WITH FIREARMS OFFENSES. 

14 Section 3142 of title 18, United States Code, is 

15 amended— 

16 (1) in subsection (e), in the matter following 

17 paragraph (3)— 

18 (A) by inserting ‘‘an offense under section 

19 922(g)(1) where the underlying conviction is a 

20 serious drug offense (as that term is defined in 

21 section 924(e)(2)(A) of this title) for which a 

22 period of not more than 10 years has elapsed 

23 since the date of the conviction or the release 

24 of the person from imprisonment, whichever is 

25 later, or is a serious violent felony (as that term 


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1 is defined in section 3559(c)(2)(F) of this 

2 title),’’ after ‘‘that the person committed’’; and 

3 (B) by inserting a comma before ‘‘or an of4 fense involving a minor’’; and 

5 (2) in subsection (f)(1)— 

6 (A) in subparagraph (D), by striking ‘‘or’’ 

7 at the end; and 

8 (B) by adding at the end the following: 

9 ‘‘(F) an offense under section 922(g); or’’. 

10 SEC. 322. INCREASED PENALTIES FOR USE OF FIREARM IN 

11 CRIME OF VIOLENCE OR DRUG TRAFFICKING 

12 CRIME. 

13 (a) IN GENERAL.—Section 924(c)(1)(A) of title 18, 

14 United States Code, is amended— 

15 (1) by striking ‘‘shall’’ and inserting ‘‘or con16 spires to use, carry, or possess a firearm during and 

17 in relation to any such crime shall, for each instance 

18 in which the firearm is so used, carried, or pos19 sessed’’; 

20 (2) in clause (i)— 

21 (A) by striking ‘‘5 years’’ and inserting ‘‘7 

22 years’’; and 

23 (B) by adding ‘‘or’’ at the end; 

24 (3) by striking clause (ii); and 

25 (4) by redesignating clause (iii) as clause (ii). 


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1 (b) CONFORMING AMENDMENTS.—Section 924 of 

2 title 18, United States Code, is amended— 

3 (1) in subsection (c)— 

4 (A) by striking paragraph (4); and 

5 (B) by redesignating paragraph (5) as 

6 paragraph (4); and 

7 (2) by striking subsection (o). 

8 SEC. 323. POSSESSION OF FIREARMS BY DANGEROUS FEL9 ONS. 

10 (a) IN GENERAL.—Section 924(e)(1) of title 18, 

11 United States Code, is amended to read as follows: 

12 ‘‘(e)(1)(A) Whoever violates section 922(g), pre13 viously having been convicted by any court of a violent 

14 felony or a serious drug offense— 

15 ‘‘(i) if the person has 1 such prior convic16 tion, and not more than 10 years has elapsed 

17 since the date of that prior conviction or the re18 lease of the person from imprisonment for that 

19 prior conviction, shall be imprisoned not more 

20 than 15 years, fined under this title, or both; 

21 ‘‘(ii) if the person has 2 such prior convic22 tions, committed on occasions different from 

23 one another, of any combination of such crimes 

24 and not more than 10 years has elapsed since 

25 the date of either of the prior convictions or of 


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1 the release of the person from imprisonment for 

2 either of the prior convictions, shall be impris3 oned not more than 20 years, fined under this 

4 title, or both; or 

5 ‘‘(iii) if the person has 3 such prior convic6 tions, committed on occasions different from 

7 one another, of any combination of such crimes, 

8 shall be imprisoned not less than 15 years and 

9 fined under this title. 

10 ‘‘(B) Notwithstanding any other provision of law, the 

11 court shall not suspend the sentence of, or grant a proba12 tionary sentence to, the person referred to in subpara13 graph (A) of this paragraph with respect to the conviction 

14 under section 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 such title 18, 

22 as amended by subsection (a) of this section. 

23 (c) CONFORMING AMENDMENT.—Section 922(d) of 

24 title 18, United States Code, is amended in the matter 


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1 preceding paragraph (1) by inserting ‘‘, transfer,’’ after 

2 ‘‘sell’’. 

3 Subtitle C—Crime Data 

4 SEC. 331. STANDARDIZATION OF CRIME REPORTING AND 

5 INVESTIGATION. 

6 (a) EXPANDING UNIFORM CRIME REPORTING.—Sec7 tion 7332(c) of the Uniform Federal Crime Reporting Act 

8 of 1988 (28 U.S.C. 534 note) is amended by adding at 

9 the end the following: 

10 ‘‘(4) JUVENILE CRIME.—The Attorney General 

11 shall create a separate category in the Uniform 

12 Crime Reports to distinguish criminal offenses com13 mitted by juveniles. 

14 ‘‘(5) REPORTING BY STATES AND LOCAL GOV15 ERNMENTS.— 

16 ‘‘(A) IN GENERAL.—For each fiscal year 

17 beginning after the date of enactment of the 

18 Fighting Gangs and Empowering Youth Act of 

19 2007, all departments and agencies within a 

20 State or unit of local government which rou21 tinely investigate complaints of criminal activ22 ity, shall meet the requirements of paragraph 

23 (2). 

24 ‘‘(B) INELIGIBILITY FOR FUNDS.—For any 

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1 ment of the Fighting Gangs and Empowering 

2 Youth Act of 2007, a State or unit of local gov3 ernment that fails to comply with subparagraph 

4 (A) shall not be eligible to receive any of the 

5 funds that would otherwise be allocated for that 

6 fiscal year to the State or unit of local govern7 ment under subtitle A of title II of such Act. 

8 ‘‘(C) REALLOCATION.—Amounts not allo9 cated to a State or unit of local government 

10 under the subtitle referred to in subparagraph 

11 (B) for failure to fully comply with subpara12 graph (A) shall be reallocated under that sub13 title to States and units of local government 

14 that have not failed to comply with such sub15 paragraph. 

16 ‘‘(D) WAIVER.—The Attorney General 

17 shall waive the requirements of subparagraph 

18 (A) if compliance with such subparagraph by a 

19 State or unit of local government would be un20 constitutional under the constitution of the ap21 plicable State.’’. 

22 (b) NATIONAL STRATEGY FOR INVESTIGATION CO23 ORDINATION.—Section 7332 of the Uniform Federal 

24 Crime Reporting Act of 1988 (28 U.S.C. 534 note) is 

25 amended by adding at the end the following: 


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1 ‘‘(h) NATIONAL STRATEGY FOR INVESTIGATION CO2 ORDINATION.— 

3 ‘‘(1) COORDINATION.—The Attorney General 

4 shall develop a national strategy to coordinate, con5 solidate, and standardize all investigations by Fed6 eral law enforcement agencies of crimes that are in7 cluded in the Uniform Crime Reports. 

8 ‘‘(2) REPORT.—Not later than January 1, 

9 2009, the Attorney General shall submit a report to 

10 the President and Congress— 

11 ‘‘(A) outlining the strategy developed 

12 under paragraph (1); and 

13 ‘‘(B) describing the efforts and strategy of 

14 the Department of Justice in consolidating and 

15 standardizing data on all crimes that are in16 cluded in the Uniform Crime Reports.’’. 

17 SEC. 332. CONSOLIDATING AND STANDARDIZING GANG-RE18 LATED CRIME DATA. 

19 Section 150008 of the Violent Crime Control and law 

20 Enforcement Act of 1994 (42 U.S.C. 14062) is amend21 ed— 

22 (1) in subsection (a), by inserting ‘‘, consoli23 date, and standardize all’’ after ‘‘strategy to coordi24 nate’’; 


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1 (2) in subsection (b), by striking ‘‘acquire and 

2 collect’’ and inserting ‘‘acquire, collect, consolidate, 

3 and standardize all’’; 

4 (3) by amending subsection (c) to read as fol5 lows: 

6 ‘‘(c) REPORT.—Not later than January 1, 2009, the 

7 Attorney General shall submit a report to the President 

8 and Congress— 

9 ‘‘(1) outlining the strategy developed under sub10 section (a); and 

11 ‘‘(2) describing the efforts and strategy of the 

12 Department of Justice in consolidating and stand13 ardizing data on national gang offenses.’’; and 

14 (4) in subsection (d), by striking ‘‘$1,000,000 

15 for fiscal year 1996’’ and inserting ‘‘$2,000,000 for 

16 fiscal year 2008’’. 

Æ 


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