II 

109TH CONGRESS 

2D SESSION S. 4028 

To fight criminal gangs. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2006 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

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 2006’’. 

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 

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

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. 


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Sec.105.Reauthorization of adult and juvenile offender State and local reentry 

demonstration projects. 

Sec.106.Children of incarcerated parents and families. 

Sec.107.Encouragement of employment of former prisoners. 

Sec.108.Federal resource center for children of prisoners. 

Sec.109.Use of violent offender truth-in-sentencing grant funding for demonstration project activities. 

Sec.110.Grants to study parole or post-incarceration supervision violations 

and revocations. 

Sec.111.Improvement of the residential substance abuse treatment for State 

prisoners program. 

Sec.112.Residential drug abuse program in Federal prisons. 

Sec.113.Removal of limitation on amount of funds available for corrections 

education programs under the Adult Education and Family 

Literacy Act. 

Sec.114.Technical amendment to drug-free student loans provision to ensure 

that it applies only to offenses committed while receiving Federal aid. 

Sec.115.Mentoring grants to nonprofit organizations. 

Sec.116.Clarification of authority to place prisoner in community corrections. 

Sec.117.Grants to States for improved workplace and community transition 

training for incarcerated youth offenders. 

Sec.118.Improved reentry procedures for Federal prisoners. 

Sec.119.Reauthorization of Learn and Serve America. 

Sec.120.Job Corps. 

Sec.121.Workforce Investment Act youth activities. 

Sec.122.Expansion and reauthorization of the mentoring initiative for system 

involved youth. 

Sec.123.Strategic community planning program. 

Sec.124.Reauthorization of the Gang Resistance Education and Training 

Projects Program and increase funding for the national youth 

gang survey. 

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.Utilization of components. 

Sec.205.Minimum amount. 

Sec.206.Matching funds. 

Sec.207.Authorization of appropriations. 

Subtitle B—High Intensity Interstate Gang Activity Areas 

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. 


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

TITLE III—PUNISHMENT AND IMPROVED CRIME DATA 

Sec.301.Criminal street gangs. 

Sec.302.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.Expansion of rebuttable presumption against release of persons 

charged with firearms offenses. 

Sec.309.Statute of limitations for violent crime. 

Sec.310.Predicate crimes for authorization of interception of wire, oral, and 

electronic communications. 

Sec.311.Clarification to hearsay exception for forfeiture by wrongdoing. 

Sec.312.Clarification of venue for retaliation against a witness. 

Sec.313.Amendment of sentencing guidelines relating to certain gang and violent crimes. 

Sec.314.Solicitation or recruitment of persons in criminal street gang activity. 

Sec.315.Increased penalties for criminal use of firearms in crimes of violence 

and drug trafficking. 

Sec.316.Possession of firearms by dangerous felons. 

Sec.317.Standardization of crime reporting. 

Sec.318.Providing additional forensic examiners. 

Sec.319.Study on expanding Federal authority for juvenile offenders. 

1 TITLE I—PREVENTION AND 

2 ECONOMIC EMPOWERMENT 

3 SEC. 101. REAUTHORIZATION OF CERTAIN AFTER-SCHOOL 

4 PROGRAMS. 

5 (a) 21ST CENTURY COMMUNITY LEARNING CEN6 TERS.—Section 4206 of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 7176) is amended— 

8 (1) in paragraph (5), by striking 

9 ‘‘$2,250,000,000’’ and inserting ‘‘$2,500,000,000’’; 

10 and 


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1 (2) in paragraph (6), by striking 

2 ‘‘$2,500,000,000’’ and inserting ‘‘$2,750,000,000’’. 

3 (b) CAROL M. WHITE PHYSICAL EDUCATION PRO4 GRAM.—Section 5401 of the Elementary and Secondary 

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

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

7 IN GENERAL.—There are’’; and 

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

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

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

11 there are authorized to be appropriated $73,000,000 for 

12 each of fiscal years 2007 and 2008 to carry out subpart 

13 10.’’. 

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

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

16 11(f)) is amended by striking ‘‘$700,000,000 for fiscal 

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

18 of the 4 succeeding fiscal years’’ and inserting 

19 ‘‘$883,000,000 for fiscal year 2007 and such sums as may 

20 be necessary for each of the 5 succeeding fiscal years’’. 

21 (d) GEARUP.—Section 404H of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1070a–28) is amended by 

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

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

25 fiscal years’’ and inserting ‘‘$325,000,000 for fiscal year 


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1 2007 and such sums as may be necessary for each of the 

2 5 succeeding fiscal years’’. 

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

4 SCHOOLS AND COMMUNITIES ACT. 

5 (a) SAFE AND DRUG-FREE SCHOOLS AND COMMU6 NITIES.—Section 4003 of the Elementary and Secondary 

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

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

9 ‘‘$650,000,000 for fiscal year 2002’’ and inserting 

10 ‘‘$700,000,000 for fiscal year 2007’’; and 

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

12 for fiscal year 2002, and’’ and inserting 

13 ‘‘$400,000,000 for fiscal year 2007’’. 

14 (b) NATIONAL COORDINATOR INITIATIVE.—Section 

15 4125 of the Elementary and Secondary Education Act of 

16 1965 (20 U.S.C. 7135(a)) is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘From funds made avail19 able to carry out this subpart under section 

20 4003(2), the Secretary may provide’’ and in21 serting ‘‘From amounts made available to carry 

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

23 fiscal year, the Secretary shall reserve not less 

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


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

2 ‘‘drug prevention’’; and 

3 (2) in subsection (b)— 

4 (A) in the first sentence— 

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

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

7 (ii) by inserting ‘‘, gang,’’ after ‘‘sig8 nificant drug’’; and 

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

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

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

12 Elementary and Secondary Education Act of 1965 (20 

13 U.S.C. 7140(b)) is amended— 

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

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

16 award grants from funds made available to carry out 

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

18 ‘‘From amounts made available to carry out this 

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

20 the Secretary shall reserve not less than 

21 $50,000,000 to award grants’’; 

22 (2) in paragraph (5)(B)(i), by inserting ‘‘ele23 mentary school and middle school’’ after ‘‘serves’’; 

24 and 


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

2 ‘‘4th’’ and inserting ‘‘kindergarten’’. 

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

4 2 of part A of title IV of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 7131 et seq.) is amend6 ed by adding at the end the following: 

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

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

9 amounts made available to carry out this subpart under 

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

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

12 competitive basis, to nonprofit organizations to enable the 

13 nonprofit organizations to establish programs to assist a 

14 public elementary school or middle school in providing an 

15 innovative approach— 

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

17 the community surrounding the school; and 

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

19 to reduce, gang violence in the school and the com20 munity surrounding the school. 

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

22 under this section, a nonprofit organization shall submit 

23 an application to the Secretary. 

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

25 grants under this section, the Secretary shall give priority 


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1 consideration to applications describing programs that 

2 target youth living in a community with a crime level 

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

4 community is located.’’. 

5 SEC. 103. PUBLIC AND ASSISTED HOUSING GANG ELIMI6 NATION. 

7 (a) SHORT TITLE.—This section may be cited as the 

8 ‘‘Public and Assisted Housing Gang Elimination Act of 

9 2006’’. 

10 (b) PUBLIC AND ASSISTED HOUSING.—Title V of 

11 Public Law 100–690 is amended by adding at the end the 

12 following: 

13 ‘‘Subtitle H—Public and Assisted 

14 Housing Drug Elimination 

15 ‘‘SEC. 5401. AUTHORITY TO MAKE GRANTS. 

16 ‘‘The Secretary of Housing and Urban Development, 

17 in accordance with the provisions of this subtitle, may 

18 make grants to public housing agencies (including Indian 

19 Housing Authorities) and private, for-profit and nonprofit 

20 owners of federally assisted low-income housing for use in 

21 eliminating gang related crime. 

22 ‘‘SEC. 5402. ELIGIBLE ACTIVITIES. 

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

24 housing or other federally assisted low-income housing 

25 projects for— 


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

2 ‘‘(2) reimbursement of local law enforcement 

3 agencies for additional security and protective serv4 ices; 

5 ‘‘(3) physical improvements which are specifi6 cally designed to enhance security; 

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

8 ‘‘(A) to investigate gang related crime on 

9 or about the real property comprising any pub10 lic or other federally assisted low-income hous11 ing project; and 

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

13 crime in any administrative or judicial pro14 ceeding; 

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

16 equipment, and other related equipment for use by 

17 voluntary tenant patrols acting in cooperation with 

18 local law enforcement officials; 

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

20 in and around public or other federally assisted low21 income housing projects, including encouraging teen22 driven approaches to gang activity prevention; and 

23 ‘‘(7) providing funding to nonprofit public hous24 ing resident management corporations and resident 


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1 councils to develop security and gang prevention pro2 grams involving site residents. 

3 ‘‘SEC. 5403. APPLICATIONS. 

4 ‘‘(a) IN GENERAL.—To receive a grant under this 

5 subtitle, a public housing agency or an owner of federally 

6 assisted low-income housing shall submit an application 

7 to the Secretary, at such time, in such manner, and ac8 companied by such additional information as the Secretary 

9 may reasonably require. Such application shall include a 

10 plan for addressing the problem of gang related crime on 

11 the premises of the housing administered or owned by the 

12 applicant for which the application is being submitted. 

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

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

15 this subtitle based exclusively on— 

16 ‘‘(1) the extent of the gang related crime prob17 lem in the public or federally assisted low-income 

18 housing project or projects proposed for assistance; 

19 ‘‘(2) the quality of the plan to address the 

20 crime problem in the public or federally assisted low21 income housing project or projects proposed for as22 sistance, including the extent to which the plan in23 cludes initiatives that can be sustained over a period 

24 of several years; 


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

2 the plan; and 

3 ‘‘(4) the extent to which tenants, the local gov4 ernment, and the local community support and par5 ticipate in the design and implementation of the ac6 tivities proposed to be funded under the application. 

7 ‘‘(c) FEDERALLY ASSISTED LOW-INCOME HOUS8 ING.—In addition to the selection criteria specified in sub9 section (b), the Secretary may establish other criteria for 

10 the evaluation of applications submitted by owners of fed11 erally assisted low-income housing, except that such addi12 tional criteria shall be designed only to reflect— 

13 ‘‘(1) relevant differences between the financial 

14 resources and other characteristics of public housing 

15 authorities and owners of federally assisted low-in16 come housing; or 

17 ‘‘(2) relevant differences between the problem 

18 of gang related crime in public housing and the 

19 problem of gang related crime in federally assisted 

20 low-income housing. 

21 ‘‘(d) HIGH INTENSITY INTERSTATE GANG ACTIVITY

22 AREAS.—In evaluating the extent of the gang related 

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

24 may consider whether housing projects proposed for as25 sistance are located in a high intensity interstate gang acVerDate Aug 31 2005 00:25 Oct 06, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4028.IS S4028

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1 tivity area designated pursuant to section 211 of the 

2 Fighting Gangs and Empowering Youth Act of 2006. 

3 ‘‘SEC. 5404. DEFINITIONS. 

4 ‘‘For the purposes of this subtitle, the following defi5 nitions shall apply: 

6 ‘‘(1) SECRETARY.—The term ‘‘ ‘Secretary’ ’’ 

7 means the Secretary of Housing and Urban Develop8 ment. 

9 ‘‘(2) FEDERALLY ASSISTED LOW-INCOME HOUS10 ING.—The term ‘federally assisted low-income hous11 ing’ means housing assisted under— 

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

13 or 236 of the National Housing Act; 

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

15 Urban Development Act of 1965; or 

16 ‘‘(C) section 8 of the United States Hous17 ing Act of 1937. 

18 ‘‘SEC. 5405. IMPLEMENTATION. 

19 ‘‘The Secretary shall issue regulations to implement 

20 this subtitle within 180 days after the date of enactment 

21 of the Fighting Gangs and Empowering Youth Act of 

22 2006. 

23 ‘‘SEC. 5406. REPORTS. 

24 ‘‘The Secretary shall require grantees to provide peri25 odic reports that include the obligation and expenditure 


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1 of grant funds, the progress made by the grantee in imple2 menting the plan described in section 5403(a), and any 

3 change in the incidence of gang related crime in projects 

4 assisted under this chapter. 

5 ‘‘SEC. 5407. MONITORING. 

6 ‘‘The Secretary shall audit and monitor the programs 

7 funded under this subtitle to ensure that assistance pro8 vided under this subtitle is administered in accordance 

9 with the provisions of this subtitle. 

10 ‘‘SEC. 5408. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) IN GENERAL.—There is authorized to be appro12 priated to carry out this subtitle $200,000,000 for each 

13 of the fiscal years 2007 through 2011. Any amount appro14 priated under this section shall remain available until ex15 pended. 

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

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

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

19 be available for grants for federally assisted low-income 

20 housing.’’. 

21 (c) CONFORMING AMENDMENTS.—The table of con22 tents for title V of Public Law 100–690 is amended by 

23 inserting the following new items: 

‘‘Subtitle H—Public and Assisted Housing Drug Elimination 

‘‘Sec.5401.Authority to make grants. 

‘‘Sec.5402.Eligible activities. 

‘‘Sec.5403.Applications. 


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‘‘Sec.5404.Definitions. 

‘‘Sec.5405.Implementation. 

‘‘Sec.5406.Reports. 

‘‘Sec.5407.Monitoring. 

‘‘Sec.5408.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 demonstrating innovative approaches to combat 

8 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.— 


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1 (1) IN GENERAL.—With respect to the costs of 

2 the project to be carried out under subsection (a) by 

3 an applicant, a grant may be made under such sub4 section only if the applicant agrees to make available 

5 (directly or through donations from public or private 

6 entities) non-Federal contributions toward such 

7 costs in an amount that is not less than 25 percent 

8 of such costs ($1 for each $3 of Federal funds pro9 vided in the grant). 

10 (2) DETERMINATION OF AMOUNT CONTRIB11 UTED.—Non-Federal contributions required in para12 graph (1) may be in cash or in kind, fairly evalu13 ated, including plant, equipment, or services. 

14 Amounts provided by the Federal Government, or 

15 services assisted or subsidized to any significant ex16 tent by the Federal Government, may not be in17 cluded in determining the amount of such non-Fed18 eral contributions. 

19 (d) EVALUATION OF PROJECTS.—The Attorney Gen20 eral shall establish criteria for the evaluation of projects 

21 under subsection (a). A grant may be made under such 

22 subsection only if the applicant involved— 

23 (1) agrees to conduct evaluations of the project 

24 in accordance with such criteria; 


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1 (2) agrees to submit to the Attorney General 

2 such reports describing the results of the evaluations 

3 as the Attorney General determines to be appro4 priate; and 

5 (3) submits to the Attorney General, in the ap6 plication under subsection (e), a plan for conducting 

7 the evaluations. 

8 (e) APPLICATION FOR GRANT.—A grant may be 

9 made under subsection (a) only if an application for the 

10 grant is submitted to the Attorney General and the appli11 cation is in such form, is made in such manner, and con12 tains such agreements, assurances, and information, in13 cluding the agreements under subsections (c) and (d) and 

14 the plan under subsection (d)(3), as the Attorney General 

15 determines to be necessary to carry out this section. 

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

17 1, 2011, the Attorney General shall submit to Congress 

18 a report describing the extent to which projects under sub19 section (a) have been successful in reducing the rate of 

20 gang activity in the communities in which the projects 

21 have been carried out. Such reports shall describe the var22 ious approaches used under subsection (a) and the effec23 tiveness of each of the approaches. 

24 (g) AUTHORIZATION OF APPROPRIATIONS.—For the 

25 purpose of carrying out this section, there is authorized 


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

2 2007 through 2011. 

3 SEC. 105. REAUTHORIZATION OF ADULT AND JUVENILE OF4 FENDER STATE AND LOCAL REENTRY DEM5 ONSTRATION PROJECTS. 

6 (a) ADULT AND JUVENILE OFFENDER DEMONSTRA7 TION PROJECTS AUTHORIZED.—Section 2976(b) of the 

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

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

10 through (4) and inserting the following: 

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

12 systems under which— 

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

14 or local government develops and carries out 

15 plans to facilitate the reentry into the commu16 nity of each offender in State or local custody; 

17 ‘‘(B) the supervision and services provided 

18 to offenders in State or local custody are co19 ordinated with the supervision and services pro20 vided to offenders after reentry into the com21 munity; 

22 ‘‘(C) the efforts of various public and pri23 vate entities to provide supervision and services 

24 to offenders after reentry into the community, 


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1 and to family members of such offenders, are 

2 coordinated; and 

3 ‘‘(D) offenders awaiting reentry into the 

4 community are provided with documents (such 

5 as identification papers, referrals to services, 

6 medical prescriptions, job training certificates, 

7 apprenticeship papers, and information on ob8 taining public assistance) useful in achieving a 

9 successful transition from prison, jail, or deten10 tion; 

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

12 units of local government to strengthen reentry serv13 ices for individuals released from local jails; 

14 ‘‘(3) enabling jail or prison mentors of offend15 ers to remain in contact with those offenders, includ16 ing through the use of such technology as 

17 videoconferencing, during incarceration and after re18 entry into the community and encouraging the in19 volvement of prison or jail mentors in the reentry 

20 process; 

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

22 and transitional housing, including group homes for 

23 recovering substance abusers, through which offend24 ers are provided supervision and services imme25 diately following reentry into the community; 


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1 ‘‘(5) assisting offenders in securing permanent 

2 housing upon release or following a stay in transi3 tional housing; 

4 ‘‘(6) providing continuity of health services (in5 cluding screening, assessment, and aftercare for 

6 mental health services, substance abuse treatment 

7 and aftercare, and treatment for contagious dis8 eases) to offenders in custody and after reentry into 

9 the community; 

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

11 training, responsible parenting and healthy relation12 ship skills training designed specifically for address13 ing the needs of incarcerated and transitioning fa14 thers and mothers, English as a second language 

15 programs, work experience programs, self-respect 

16 and life skills training, and other skills useful in 

17 achieving a successful transition from prison; 

18 ‘‘(8) facilitating collaboration among corrections 

19 and community corrections, technical schools, com20 munity colleges, and the workforce development and 

21 employment service sectors to— 

22 ‘‘(A) promote, where appropriate, the em23 ployment of people released from prison and 

24 jail, through efforts such as educating employ25 ers about existing financial incentives, and faVerDate Aug 31 2005 00:25 Oct 06, 2006 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4028.IS S4028

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1 cilitate the creation of job opportunities, includ2 ing transitional jobs and time limited subsidized 

3 work experience (where appropriate), for this 

4 population that will benefit communities; 

5 ‘‘(B) connect inmates to employment, in6 cluding supportive employment and employment 

7 services, before their release to the community, 

8 to provide work supports, including transpor9 tation and retention services, as appropriate, 

10 and identify labor market needs to ensure that 

11 education and training are appropriate; and 

12 ‘‘(C) address barriers to employment, in13 cluding licensing that are not directly connected 

14 to the crime committed and the risk that the 

15 ex-offender presents to the community, and pro16 vide case management services as necessary to 

17 prepare offenders for jobs that offer the poten18 tial for advancement and growth; 

19 ‘‘(9) assessing the literacy and educational 

20 needs of offenders in custody and identifying and 

21 providing services appropriate to meet those needs, 

22 including follow-up assessments and long-term serv23 ices; 

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

25 offenders are involved in facilitating the successful 


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1 reentry of those offenders into the community, in2 cluding removing obstacles to the maintenance of 

3 family relationships while the offender is in custody, 

4 strengthening the family’s capacity to function as a 

5 stable living situation during reentry where appro6 priate, and involving family members in the planning 

7 and implementation of the reentry process; 

8 ‘‘(11) programs under which victims are in9 cluded, on a voluntary basis, in the reentry process; 

10 ‘‘(12) identifying and addressing barriers to col11 laborating with child welfare agencies in the provi12 sion of services jointly to offenders in custody and 

13 to the children of such offenders; 

14 ‘‘(13) carrying out programs that support chil15 dren of incarcerated parents, including those in fos16 ter care and those cared for by grandparents or 

17 other relatives, commonly referred to as kinship 

18 care, including mentoring children of prisoners pro19 grams; 

20 ‘‘(14) carrying out programs for the entire fam21 ily unit, including the coordination of service delivery 

22 across agencies; 

23 ‘‘(15) implementing programs in correctional 

24 agencies to include the collection of information re25 garding any dependent children of an incarcerated 


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1 person as part of intake procedures, including the 

2 number of children, age, and location or jurisdiction, 

3 and connect identified children with services as ap4 propriate and needed; 

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

6 children with an incarcerated parent, and mainte7 nance of the parent-child relationship as appropriate 

8 to the safety and well-being of the children, such as 

9 the location of facilities in remote areas, telephone 

10 costs, mail restrictions, and visitation policies; 

11 ‘‘(17) creating, developing, or enhancing pris12 oner and family assessments curricula, policies, pro13 cedures, or programs (including mentoring pro14 grams) to help prisoners with a history or identified 

15 risk of domestic violence, dating violence, sexual as16 sault, or stalking reconnect with their families and 

17 communities, as appropriate (or when it is safe to do 

18 so), and become mutually respectful, nonabusive par19 ents or partners, under which particular attention is 

20 paid to the safety of children affected and the con21 fidentiality concerns of victims, and efforts are co22 ordinated with existing victim service providers; 

23 ‘‘(18) developing programs and activities that 

24 support parent-child relationships, such as— 


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1 ‘‘(A) using telephone conferencing to per2 mit incarcerated parents to participate in par3 ent-teacher conferences; 

4 ‘‘(B) using videoconferencing to allow vir5 tual visitation when incarcerated persons are 

6 more than 100 miles from their families; 

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

8 programs, through which incarcerated parents 

9 read a book into a tape to be sent to their chil10 dren; 

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

12 which provide for longer visitation hours or 

13 family activities; 

14 ‘‘(E) the creation of children’s areas in vis15 itation rooms with parent-child activities; 

16 ‘‘(F) the implementation of programs to 

17 help incarcerated fathers and mothers stay con18 nected to their children and learn responsible 

19 parenting and healthy relationship skills; or 

20 ‘‘(G) mentoring children of prisoners pro21 gram; 

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

23 that offer family-based comprehensive treatment 

24 services for parents and their children as a complete 

25 family unit; 


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1 ‘‘(20) conducting studies to determine who is 

2 returning to prison or jail and which of those return3 ing prisoners represent the greatest risk to commu4 nity safety; 

5 ‘‘(21) developing or adopting procedures to en6 sure that dangerous felons are not released from 

7 prison prematurely; 

8 ‘‘(22) developing and implementing procedures 

9 to assist relevant authorities in determining when re10 lease is appropriate and in the use of data to inform 

11 the release decision; 

12 ‘‘(23) developing and implementing procedures 

13 to identify efficiently and effectively those violators 

14 of probation, parole, or post incarceration super15 vision who should be returned to prison or jail; 

16 ‘‘(24) utilizing validated assessment tools to as17 sess the risk factors of returning inmates and 

18 prioritizing services based on risk; 

19 ‘‘(25) facilitating and encouraging timely and 

20 complete payment of restitution and fines by ex-of21 fenders to victims and the community; 

22 ‘‘(26) establishing or expanding the use of re23 entry courts and other programs to— 

24 ‘‘(A) monitor offenders returning to the 

25 community; 


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1 ‘‘(B) provide returning offenders with— 

2 ‘‘(i) drug and alcohol testing and 

3 treatment; and 

4 ‘‘(ii) mental and medical health as5 sessment and services; 

6 ‘‘(C) facilitate restorative justice practices 

7 and convene family or community impact pan8 els, family impact educational classes, victim 

9 impact panels, or victim impact educational 

10 classes; 

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

12 other community services to offenders, includ13 ing— 

14 ‘‘(i) housing assistance; 

15 ‘‘(ii) education; 

16 ‘‘(iii) employment training; 

17 ‘‘(iv) children and family support to 

18 include responsible parenting and healthy 

19 relationship skill training designed specifi20 cally to address the needs of incarcerated 

21 and transitioning fathers and mothers; 

22 ‘‘(v) conflict resolution skills training; 

23 ‘‘(vi) family violence intervention pro24 grams; 


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1 ‘‘(vii) culturally and linguistically 

2 competent services, as appropriate; and 

3 ‘‘(viii) other appropriate services; and 

4 ‘‘(E) establish and implement graduated 

5 sanctions and incentives; and 

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

7 advance post release supervision.’’. 

8 (b) JUVENILE OFFENDER DEMONSTRATION

9 PROJECTS REAUTHORIZED.—Section 2976(c) of the Om10 nibus Crime Control and Safe Streets Act of 1968 (42 

11 U.S.C. 3797w(c)) is amended by striking ‘‘may be ex12 pended for’’ and all that follows through the period at the 

13 end and inserting ‘‘may be expended for any activity re14 ferred to in subsection (b).’’. 

15 (c) APPLICATIONS; REQUIREMENTS; PRIORITIES; 

16 PERFORMANCE MEASUREMENTS.—Section 2976 of the 

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

18 U.S.C. 3797w) is amended— 

19 (1) by redesignating subsection (h) as sub20 section (o); and 

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

22 inserting the following: 

23 ‘‘(d) APPLICATIONS.—A State, unit of local govern24 ment, territory, or Indian tribe, or combination thereof deVerDate Aug 31 2005 00:25 Oct 06, 2006 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4028.IS S4028

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1 siring a grant under this section shall submit an applica2 tion to the Attorney General that— 

3 ‘‘(1) contains a reentry strategic plan, as ref4 erenced in subsection (h), which describes the long5 term strategy, and a detailed implementation sched6 ule, including the jurisdiction’s plans to pay for the 

7 program after the Federal funding is discontinued; 

8 ‘‘(2) identifies the local government role and 

9 the role of governmental agencies and nonprofit or10 ganizations that will be coordinated by, and that will 

11 collaborate on, the applicant’s prisoner reentry strat12 egy and certifies their involvement; and 

13 ‘‘(3) describes the methodology and outcome 

14 measures that will be used in evaluating the pro15 gram. 

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

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

18 the application— 

19 ‘‘(1) reflects explicit support of the chief execu20 tive officer of the State, unit of local government, 

21 territory, or Indian tribe applying for a grant under 

22 this section; 

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

24 State corrections departments, community correc25 tions agencies, juvenile justice systems, or local jail 


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1 systems in ensuring successful reentry of ex-offend2 ers into their communities; 

3 ‘‘(3) provides extensive evidence of collaboration 

4 with State and local government agencies overseeing 

5 health, housing, child welfare, education, substance 

6 abuse, and employment services, and local law en7 forcement; 

8 ‘‘(4) provides a plan for analysis of the appli9 cant’s existing statutory, regulatory, rules-based, 

10 and practice-based hurdles to a prisoner’s reintegra11 tion into the community that— 

12 ‘‘(A) takes particular note and makes rec13 ommendations with respect to laws, regulations, 

14 rules, and practices that disqualify former pris15 oners from obtaining professional licenses or 

16 other requirements necessary for certain types 

17 of employment, and that hinder full civic par18 ticipation; 

19 ‘‘(B) identifies and makes recommenda20 tions with respect to those laws, regulations, 

21 rules, or practices that are not directly con22 nected to the crime committed and the risk that 

23 the ex-offender presents to the community; and 


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1 ‘‘(C) affords members of the public an op2 portunity to participate in the process described 

3 in this subsection; and 

4 ‘‘(5) includes the use of a State, local, terri5 torial, or tribal task force, as referenced in sub6 section (i), to carry out the activities funded under 

7 the grant. 

8 ‘‘(f) PRIORITY CONSIDERATION.—The Attorney Gen9 eral shall give priority to grant applications under this sec10 tion that best— 

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

12 high population of ex-offenders; 

13 ‘‘(2) include partnerships with nonprofit organi14 zations; 

15 ‘‘(3) provide consultations with crime victims 

16 and former incarcerated prisoners and their families; 

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

18 local governments adjudicate violations of parole, 

19 probation, or post incarceration supervision and con20 sider reforms to maximize the use of graduated, 

21 community-based sanctions for minor and technical 

22 violations of parole, probation, or post incarceration 

23 supervision; 

24 ‘‘(5) establish prerelease planning procedures 

25 for prisoners to ensure that a prisoner’s eligibility 


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1 for Federal or State benefits (including Medicaid, 

2 Medicare, Social Security, and Veterans benefits) 

3 upon release is established prior to release, subject 

4 to any limitations in law, and to ensure that pris5 oners are provided with referrals to appropriate so6 cial and health services or are linked to appropriate 

7 nonprofit organizations; 

8 ‘‘(6) include an agreement that the applicant, 

9 in consultation with the National Institute of Jus10 tice, will modify the project design, initially and dur11 ing the project, in order to facilitate the evaluation 

12 of outcomes by means, including (to the maximum 

13 extent feasible) random assignment of offenders and 

14 ex-offenders (or entities working with such persons) 

15 to program delivery and control groups; and 

16 ‘‘(7) target high-risk offenders for reentry pro17 grams through validated assessment tools. 

18 ‘‘(g) USES OF GRANT FUNDS.— 

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

20 grant received under this section may not exceed 75 

21 percent of the project funded under the grant, unless 

22 the Attorney General— 

23 ‘‘(A) waives, in whole or in part, the re24 quirement of this paragraph; and 


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1 ‘‘(B) publicly delineates the rationale for 

2 the waiver. 

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

4 funds received under this section shall be used to 

5 supplement, not supplant, non-Federal funds that 

6 would otherwise be available for the activities funded 

7 under this section. 

8 ‘‘(h) REENTRY STRATEGIC PLAN.— 

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

10 financial assistance under this section, each appli11 cant shall develop a comprehensive strategic reentry 

12 plan that contains measurable annual and 5 year 

13 performance outcomes. The plan shall have as a goal 

14 to reduce the rate of recidivism of incarcerated per15 sons served with funds from this section by 50 per16 cent over a period of 5 years. 

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

18 plans under this subsection, applicants shall coordi19 nate with communities and stakeholders, including 

20 persons in the fields of public safety, corrections, 

21 housing, health, education, substance abuse, children 

22 and families, employment, business and members of 

23 nonprofit organizations that provide reentry services. 

24 ‘‘(3) MEASUREMENTS OF PROGRESS.—Each re25 entry plan developed under this subsection shall 


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1 measure the applicant’s progress toward increasing 

2 public safety by reducing rates of recidivism and en3 abling released offenders to transition successfully 

4 back into their communities. 

5 ‘‘(i) REENTRY TASK FORCE.— 

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

7 financial assistance under this section, each appli8 cant shall establish or empower a Reentry Task 

9 Force, or other relevant convening authority, to ex10 amine ways to pool existing resources and funding 

11 streams to promote lower recidivism rates for re12 turning ex-offenders and to minimize the harmful ef13 fects of incarceration on families and communities 

14 by collecting data and best practices in offender re15 entry from demonstration grantees and other agen16 cies and organizations, and to provide a plan, as de17 scribed in subsection (e)(4). 

18 ‘‘(2) MEMBERSHIP.—The task force or other 

19 authority shall be comprised of relevant— 

20 ‘‘(A) State, tribal, territorial, or local lead21 ers; 

22 ‘‘(B) agencies; 

23 ‘‘(C) service providers; 

24 ‘‘(D) nonprofit organizations; and 

25 ‘‘(E) stakeholders. 


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1 ‘‘(j) STRATEGIC PERFORMANCE OUTCOMES.— 

2 ‘‘(1) IN GENERAL.—Each applicant shall iden3 tify in their reentry strategic plan, as referenced in 

4 subsection (h), specific performance outcomes re5 lated to the long-term goals of increasing public 

6 safety and reducing recidivism. 

7 ‘‘(2) PERFORMANCE OUTCOMES.—The perform8 ance outcomes identified under paragraph (1) shall 

9 include, with respect to offenders released back into 

10 the community— 

11 ‘‘(A) reduction in recommitment rates; 

12 ‘‘(B) reduction in crime; 

13 ‘‘(C) increased employment and education 

14 opportunities; 

15 ‘‘(D) reduction in violations of conditions 

16 of supervised release; 

17 ‘‘(E) increased child support; 

18 ‘‘(F) increased housing opportunities; 

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

20 and 

21 ‘‘(H) increased participation in substance 

22 abuse and mental health services. 

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

24 in their reentry strategic plan other performance 


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1 outcomes that increase the success rates of offenders 

2 who transition from prison. 

3 ‘‘(4) COORDINATION.—Applicants should co4 ordinate with communities and stakeholders about 

5 the selection of performance outcomes identified by 

6 the applicant, and should consult with the Depart7 ment of Justice for assistance with data collection 

8 and measurement activities. 

9 ‘‘(5) REPORT.—Each grantee under this section 

10 shall submit an annual report to the Department of 

11 Justice that— 

12 ‘‘(A) identifies the grantee’s progress to13 ward achieving its strategic performance out14 comes; and 

15 ‘‘(B) describes other activities conducted 

16 by the grantee to increase the success rates of 

17 the reentry population, such as programs that 

18 foster effective risk management and treatment 

19 programming, offender accountability, and com20 munity and victim participation. 

21 ‘‘(k) PERFORMANCE MEASUREMENT.— 

22 ‘‘(1) IN GENERAL.—The Department of Jus23 tice, in consultation with the grantees, shall— 

24 ‘‘(A) identify primary and secondary 

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1 ment of the performance indicators identified 

2 under this section; 

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

4 collection in support of performance measure5 ment required under this section; 

6 ‘‘(C) provide to all grantees technical as7 sistance and training on performance measures 

8 and data collection for purposes of this section; 

9 and 

10 ‘‘(D) coordinate with the Substance Abuse 

11 and Mental Health Services Administration on 

12 strategic performance outcome measures and 

13 data collection for purposes of this section relat14 ing to substance abuse and mental health. 

15 ‘‘(2) COORDINATION.—The Department of Jus16 tice shall coordinate with other Federal agencies to 

17 identify national and other sources of information to 

18 support grantee’s performance measurement. 

19 ‘‘(3) STANDARDS FOR ANALYSIS.—Any statis20 tical analysis of population data conducted pursuant 

21 to this section shall be conducted in accordance with 

22 the Federal Register Notice dated October 30, 1997, 

23 relating to classification standards. 

24 ‘‘(l) FUTURE ELIGIBILITY.—To be eligible to receive 

25 a grant under this section for fiscal years after the first 


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1 receipt of such a grant, a grantee shall submit to the At2 torney General such information as is necessary to dem3 onstrate that— 

4 ‘‘(1) the grantee has adopted a reentry plan 

5 that reflects input from nonprofit organizations; 

6 ‘‘(2) the grantee’s reentry plan includes per7 formance measures to assess the grantee’s progress 

8 toward increasing public safety by reducing by 10 

9 percent over the 2-year period the rate at which in10 dividuals released from prison who participate in the 

11 reentry system supported by Federal funds are re12 committed to prison; and 

13 ‘‘(3) the grantee will coordinate with the De14 partment of Justice, nonprofit organizations, and 

15 other experts regarding the selection and implemen16 tation of the performance measures described in sub17 section (k). 

18 ‘‘(m) NATIONAL ADULT AND JUVENILE OFFENDER

19 REENTRY RESOURCE CENTER.— 

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

21 using amounts made available to carry out this sub22 section, make a grant to an eligible organization to 

23 provide for the establishment of a National Adult 

24 and Juvenile Offender Reentry Resource Center. 


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1 ‘‘(2) ELIGIBLE ORGANIZATION.—An organiza2 tion eligible for the grant under paragraph (1) is 

3 any national nonprofit organization approved by the 

4 Federal task force established under subsection (o) 

5 that provides technical assistance and training to, 

6 and has special expertise and broad, national-level 

7 experience in offender reentry programs, training, 

8 and research. 

9 ‘‘(3) USE OF FUNDS.—The organization receiv10 ing the grant shall establish a National Adult and 

11 Juvenile Offender Reentry Resource Center to— 

12 ‘‘(A) provide education, training, and tech13 nical assistance for States, tribes, territories, 

14 local governments, service providers, nonprofit 

15 organizations, and corrections institutions; 

16 ‘‘(B) collect data and best practices in of17 fender reentry from demonstration grantees and 

18 others agencies and organizations; 

19 ‘‘(C) develop and disseminate evaluation 

20 tools, mechanisms, and measures to better as21 sess and document coalition performance meas22 ures and outcomes; 

23 ‘‘(D) disseminate knowledge to States and 

24 other relevant entities about best practices, pol25 icy standards, and research findings; 


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1 ‘‘(E) develop and implement procedures to 

2 assist relevant authorities in determining when 

3 release is appropriate and in the use of data to 

4 inform the release decision; 

5 ‘‘(F) develop and implement procedures to 

6 identify efficiently and effectively those violators 

7 of probation, parole, or post incarceration su8 pervision who should be returned to prison and 

9 those who should receive other penalties based 

10 on defined, graduated sanctions; 

11 ‘‘(G) collaborate with the Federal task 

12 force established under subsection (o) and the 

13 Federal Resource Center for Children of Pris14 oners; 

15 ‘‘(H) develop a national research agenda; 

16 and 

17 ‘‘(I) bridge the gap between research and 

18 practice by translating knowledge from research 

19 into practical information. 

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

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

22 be available to carry out this subsection. 

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

24 to carry out this section— 


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

2 for administrative expenses in carrying out this sec3 tion; and 

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

5 available to the National Institute of Justice to 

6 evaluate the effectiveness of the demonstration 

7 projects funded under section 2976 of the Omnibus 

8 Crime and Control and Safe Streets Act of 1968 (42 

9 U.S.C. 3797w) as amended by this section, using a 

10 methodology that— 

11 ‘‘(A) includes, to the maximum extent fea12 sible, random assignment of offenders or ex-of13 fenders (or entities working with such persons) 

14 to program delivery and control groups; and 

15 ‘‘(B) generates evidence on which reentry 

16 approaches and strategies are most effective. 

17 ‘‘(o) TASK FORCE ON FEDERAL PROGRAMS AND AC18 TIVITIES RELATING TO REENTRY OF OFFENDERS.— 

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

20 General, in consultation with the Secretary of Hous21 ing and Urban Development, the Secretary of Labor, 

22 the Secretary of Education, the Secretary of Health 

23 and Human Services, the Secretary of Veterans Af24 fairs, the Secretary of Agriculture, and the heads of 

25 such other elements of the Federal Government as 


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1 the Attorney General considers appropriate, and in 

2 collaboration with stakeholders, service providers, 

3 nonprofit organizations, States, tribes, territories, 

4 and local governments, shall establish an interagency 

5 task force on Federal programs and activities relat6 ing to the reentry of offenders into the community. 

7 ‘‘(2) DUTIES.—The task force required by 

8 paragraph (1) shall— 

9 ‘‘(A) identify such programs and activities 

10 that may be resulting in overlapping or duplica11 tion of services, the scope of such overlapping 

12 or duplication, and the relationship of such 

13 overlapping and duplication to public safety, 

14 public health, and effectiveness and efficiency; 

15 ‘‘(B) identify methods to improve collabo16 ration and coordination of such programs and 

17 activities; 

18 ‘‘(C) identify areas of responsibility in 

19 which improved collaboration and coordination 

20 of such programs and activities would result in 

21 increased effectiveness or efficiency; 

22 ‘‘(D) develop innovative interagency or 

23 intergovernmental programs, activities, or pro24 cedures that would improve outcomes of reen25 tering offenders and children of offenders; 


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1 ‘‘(E) develop methods for increasing reg2 ular communication that would increase inter3 agency program effectiveness; 

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

5 coordinated across agencies with an emphasis 

6 on applying science-based practices to support, 

7 treatment, and intervention programs for reen8 tering offenders; 

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

10 coordinated across agencies and any gaps in 

11 funding; and 

12 ‘‘(H) in collaboration with the National 

13 Adult and Juvenile Offender Reentry Resources 

14 Center identify successful programs currently 

15 operating and collect best practices in offender 

16 reentry from demonstration grantees and other 

17 agencies and organizations, determine the ex18 tent to which such programs and practices can 

19 be replicated, and make information on such 

20 programs and practices available to States, lo21 calities, nonprofit organizations, and others. 

22 ‘‘(3) REPORT.— 

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

24 after the date of enactment of this Act, the task 

25 force established under paragraph (1) shall subVerDate Aug 31 2005 00:25 Oct 06, 2006 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S4028.IS S4028

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1 mit a report, including recommendations, to 

2 Congress on barriers to reentry. The task force 

3 shall provide for public input in preparing the 

4 report. 

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

6 subparagraph (A) shall identify Federal and 

7 other barriers to successful reentry of offenders 

8 into the community and analyze the effects of 

9 such barriers on offenders and on children and 

10 other family members of offenders, including 

11 barriers relating to— 

12 ‘‘(i) child support obligations and pro13 cedures; 

14 ‘‘(ii) Social Security benefits, includ15 ing barriers in timely restoration of sus16 pended disability benefits immediately 

17 upon release, Veterans benefits, food 

18 stamps, and other forms of Federal public 

19 assistance; 

20 ‘‘(iii) Medicaid and Medicare laws, 

21 regulations, guidelines or procedures, in22 cluding barriers in timely restoration of 

23 benefits caused by delay in reinstatement 

24 of suspended Social Security disability ben25 efits; 


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1 ‘‘(iv) education programs, financial 

2 assistance, and full civic participation; 

3 ‘‘(v) TANF program funding criteria 

4 and other welfare benefits; 

5 ‘‘(vi) sustainable employment and ca6 reer advancement, that are not directly 

7 connected to the crime committed and the 

8 risk that the ex-offender presents to the 

9 community; 

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

11 practices that restrict Federal employment 

12 licensure and participation in Federal con13 tracting programs; 

14 ‘‘(viii) admissions to and evictions 

15 from Federal housing programs, includ16 ing— 

17 ‘‘(I) examining the number and 

18 characteristics of ex-offenders who are 

19 evicted from or denied eligibility for 

20 Federal housing programs; 

21 ‘‘(II) the effect of eligibility deni22 als and evictions on homelessness, 

23 family stability and family reunifica24 tion; 


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1 ‘‘(III) the extent to which arrest 

2 records are the basis for denying ap3 plications; 

4 ‘‘(IV) the implications of consid5 ering misdemeanors 5 or more years 

6 old and felonies 10 or more years old 

7 and the appropriateness of taking into 

8 account rehabilitation and other miti9 gating factors; and 

10 ‘‘(V) the feasibility of using pro11 bationary or conditional eligibility 

12 based on participation in a supervised 

13 rehabilitation program or other appro14 priate social services; 

15 ‘‘(ix) reentry procedures, case plan16 ning, and transitions of persons from the 

17 custody of the Federal Bureau of Prisons 

18 to a Federal parole or probation program 

19 or community corrections; 

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

21 practices that may require a parolee to re22 turn to the same county that the parolee 

23 was living in prior to his or her arrest, and 

24 the potential for changing such laws, regu25 lations, rules, and practices so that the paVerDate Aug 31 2005 00:25 Oct 06, 2006 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S4028.IS S4028

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1 rolee may change his or her location upon 

2 release, and not settle in the same location 

3 with persons who may be a negative influ4 ence; and 

5 ‘‘(xi) prerelease planning procedures 

6 for prisoners to ensure that a prisoner’s 

7 eligibility for Federal or State benefits (in8 cluding Medicaid, Medicare, Social Secu9 rity and Veterans benefits) upon release is 

10 established prior to release, subject to any 

11 limitations in law; and to ensure that pris12 oners are provided with referrals to appro13 priate social and health services or are 

14 linked to appropriate nonprofit organiza15 tions. 

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

17 the task force required by paragraph (1) shall sub18 mit to Congress a report on the activities of the task 

19 force, including specific recommendations of the task 

20 force on matters referred to in paragraph (2). Any 

21 statistical analysis of population data pursuant to 

22 this section shall be conducted in accordance with 

23 the Federal Register Notice dated October 30, 1997, 

24 relating to classification standards.’’. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 2976 of the Omnibus Crime Control and Safe Streets Act 

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

4 (o)(1), as so redesignated by subsection (c) of this section, 

5 by striking ‘‘and $16,000,000 for fiscal year 2005’’ and 

6 inserting ‘‘$100,000,000 for fiscal year 2007, and 

7 $100,000,000 for fiscal year 2008’’. 

8 (e) GRANT AUTHORIZATION.—Section 2976(a) of the 

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

10 U.S.C. 3797w(a)) is amended by striking ‘‘States, Terri11 tories’’ and all that follows through the period at the end 

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

13 Indian tribes, or any combination thereof, in partnership 

14 with stakeholders, service providers, and nonprofit organi15 zations, for purpose of establishing adult and juvenile of16 fender reentry demonstration projects.’’. 

17 SEC. 106. CHILDREN OF INCARCERATED PARENTS AND 

18 FAMILIES. 

19 The Secretary of Health and Human Services may— 

20 (1) review, and make available to States, a re21 port on any recommendations regarding the role of 

22 State child protective services at the time of the ar23 rest of a person; and 

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

25 Secretary determines necessary for the preservation 


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1 of families that have been impacted by the incarcer2 ation of a family member with special attention 

3 given to the impact on children. 

4 SEC. 107. ENCOURAGEMENT OF EMPLOYMENT OF FORMER 

5 PRISONERS. 

6 The Secretary of Labor shall take such steps as are 

7 necessary to implement a program, including the Employ8 ment and Training Administration, to educate employers 

9 and 1-stop center workforce development providers about 

10 existing incentives, including the Federal bonding program 

11 and tax credits for hiring former Federal, State, or local 

12 prisoners. 

13 SEC. 108. FEDERAL RESOURCE CENTER FOR CHILDREN OF 

14 PRISONERS. 

15 There are authorized to be appropriated to the Sec16 retary of Health and Human Services for fiscal years 2007 

17 and 2008, such sums as may be necessary for the con18 tinuing activities of the Federal Resource Center for Chil19 dren of Prisoners, including conducting a review of the 

20 policies and practices of State and Federal corrections 

21 agencies to support parent-child relationships. 


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1 SEC. 109. USE OF VIOLENT OFFENDER TRUTH-IN-SEN2 TENCING GRANT FUNDING FOR DEMONSTRA3 TION PROJECT ACTIVITIES. 

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

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

6 amended— 

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

8 end; 

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

10 the end and inserting ‘‘; and’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) to carry out any activity referred to in 

14 subsections (b) and (c) of section 2976 of the Omni15 bus Crime Control and Safe Streets Act of 1968 (42 

16 U.S.C. 3797w (b), (c)).’’. 

17 SEC. 110. GRANTS TO STUDY PAROLE OR POST-INCARCER18 ATION SUPERVISION VIOLATIONS AND REV19 OCATIONS. 

20 (a) GRANTS AUTHORIZED.—From amounts made 

21 available to carry out this section, the Attorney General 

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

23 collection of data with respect to individuals whose parole 

24 or post incarceration supervision is revoked and which 

25 such individuals represent the greatest risk to community 

26 safety. 


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1 (b) APPLICATION.—As a condition of receiving a 

2 grant under this section, a State shall— 

3 (1) certify that the State has, or intends to es4 tablish, a program that collects comprehensive and 

5 reliable data with respect to individuals described in 

6 subsection (a), including data on— 

7 (A) the number and type of parole or post 

8 incarceration supervision violations that occur 

9 with the State; 

10 (B) the reasons for parole or post-incarcer11 ation supervision revocation; 

12 (C) the underlying behavior that led to the 

13 revocation; and 

14 (D) the term of imprisonment or other 

15 penalty that is imposed for the violation; and 

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

17 to the Bureau of Justice Statistics, in a form pre18 scribed by the Bureau. Any statistical analysis of 

19 population data pursuant to this section shall be 

20 conducted in accordance with the Federal Register 

21 Notice dated October 30, 1997, relating to classifica22 tion standards. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this section 

25 $1,000,000 for each fiscal years 2007 and 2008. 


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1 SEC. 111. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE 

2 ABUSE TREATMENT FOR STATE PRISONERS 

3 PROGRAM. 

4 (a) DEFINITION.—Section 1902 of the Omnibus 

5 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

6 3796ff–1) is amended by— 

7 (1) redesignating subsections (c) through (f) as 

8 subsections (d) through (g), respectively; and 

9 (2) inserting after subsection (b) the following: 

10 ‘‘(c) RESIDENTIAL SUBSTANCE ABUSE TREAT11 MENT.—In this section, the term ‘residential substance 

12 abuse treatment’— 

13 ‘‘(1) means a course of individual and group ac14 tivities and treatment, lasting at least 6 months, in 

15 residential treatment facilities set apart from the 

16 general prison population; and 

17 ‘‘(2) can include the use of pharmacotherapies 

18 where appropriate, that may extend beyond the 6- 

19 month period.’’. 

20 (b) REQUIREMENT FOR AFTER CARE COMPONENT.— 

21 Subsection (d) of section 1902 of the Omnibus Crime Con22 trol and Safe Streets Act of 1968 (42 U.S.C. 3796ff–1), 

23 as so redesignated by subsection (a) of this section, is 

24 amended— 

25 (1) in the subsection heading, by striking ‘‘ELI26 GIBILITY FOR PREFERENCE WITH AFTER CARE


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•S 4028 IS

1 COMPONENT’’ and inserting ‘‘REQUIREMENT FOR

2 AFTER CARE COMPONENT’’; 

3 (2) by amending paragraph (1) to read as fol4 lows: 

5 ‘‘(1) To be eligible for funding under this part, 

6 a State shall ensure that individuals who participate 

7 in the substance abuse treatment program estab8 lished or implemented with assistance provided 

9 under this part will be provided with after care serv10 ices.’’; and 

11 (3) by adding at the end the following new 

12 paragraph: 

13 ‘‘(4) After care services required by this sub14 section shall be funded by the funding provided in 

15 this part.’’. 

16 SEC. 112. RESIDENTIAL DRUG ABUSE PROGRAM IN FED17 ERAL PRISONS. 

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

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

20 all that follows through the semicolon at the end and in21 serting the following: ‘‘means a course of individual and 

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

23 in residential treatment facilities set apart from the gen24 eral prison population, which may include the use of 


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1 pharmacotherapies, where appropriate, that may extend 

2 beyond the 6-month period;’’. 

3 SEC. 113. REMOVAL OF LIMITATION ON AMOUNT OF FUNDS 

4 AVAILABLE FOR CORRECTIONS EDUCATION 

5 PROGRAMS UNDER THE ADULT EDUCATION 

6 AND FAMILY LITERACY ACT. 

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

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

9 9222(a)(1)) is amended by striking ‘‘, of which not more 

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

11 carry out section 225’’. 

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

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

14 shall submit to Congress a report— 

15 (1) on the use of literacy funds to correctional 

16 institutions as defined in section 225(d)(2) of the 

17 Adult Education and Family Literacy Act (20 

18 U.S.C. 9224); and 

19 (2) that specifies the amount of literacy funds 

20 that are provided to each category of correctional in21 stitution in each State, and identify whether funds 

22 are being sufficiently allocated among the various 

23 types of institutions. 


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1 SEC. 114. TECHNICAL AMENDMENT TO DRUG-FREE STU2 DENT LOANS PROVISION TO ENSURE THAT IT 

3 APPLIES ONLY TO OFFENSES COMMITTED 

4 WHILE RECEIVING FEDERAL AID. 

5 Section 484(r)(1) of the Higher Education Act of 

6 1965 (20 U.S.C. 1091(r)(1)) is amended by striking ‘‘A 

7 student’’ and all that follows through ‘‘table:’’ and insert8 ing the following: ‘‘A student who is convicted of any of9 fense under any Federal or State law involving the posses10 sion or sale of a controlled substance for conduct that oc11 curred during a period of enrollment for which the student 

12 was receiving any grant, loan, or work assistance under 

13 this title shall not be eligible to receive any grant, loan, 

14 or work assistance under this title from the date of that 

15 conviction for the period of time specified in the following 

16 table:’’. 

17 SEC. 115. MENTORING GRANTS TO NONPROFIT ORGANIZA18 TIONS. 

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

20 made available to carry out this section, the Attorney Gen21 eral of the United States, in collaboration with the Sec22 retary of Labor and the Secretary of Housing and Urban 

23 Development, shall make grants to nonprofit organizations 

24 for the purpose of providing mentoring and other transi25 tional services essential to reintegrating ex-offenders. 


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1 (b) USE OF FUNDS.—Grant funds awarded under 

2 subsection (a) may be used for— 

3 (1) mentoring adult and juvenile offenders dur4 ing incarceration, through transition back to the 

5 community, and post release; and 

6 (2) transitional services to assist in the re7 integration of ex-offenders into the community. 

8 (c) APPLICATION; PRIORITY CONSIDERATION.—To 

9 be eligible to receive a grant under this section, a nonprofit 

10 organization shall submit an application to the Attorney 

11 General based on criteria developed by the Attorney Gen12 eral in consultation with the Secretary of Labor and the 

13 Secretary of Housing and Urban Development. Applicants 

14 will be given priority consideration if the application— 

15 (1) includes a plan to implement activities that 

16 have been demonstrated effective in facilitating the 

17 successful reentry of offenders; and 

18 (2) provides for an independent evaluation that 

19 includes, to the maximum extent feasible, random 

20 assignment of offenders or ex-offenders to program 

21 delivery and control groups. 

22 (d) STRATEGIC PERFORMANCE OUTCOMES.—The At23 torney General shall require each applicant under this sec24 tion to identify specific performance outcomes related to 


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1 the long-term goal of stabilizing communities by reducing 

2 recidivism and re-integrating ex-offenders into society. 

3 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Department of 

5 Justice to carry out this section $25,000,000 for each of 

6 fiscal years 2007 and 2008. 

7 SEC. 116. CLARIFICATION OF AUTHORITY TO PLACE PRIS8 ONER IN COMMUNITY CORRECTIONS. 

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

10 amended to read as follows: 

11 ‘‘(c) PRERELEASE CUSTODY.— 

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

13 shall, to the extent practicable, assure that a pris14 oner serving a term of imprisonment spends 20 per15 cent of the final portion of the term, not to exceed 

16 12 months, to be served under conditions that will 

17 afford the prisoner a reasonable opportunity to ad18 just to and prepare for the prisoner’s reentry into 

19 the community. Such conditions may include a com20 munity correctional facility. 

21 ‘‘(2) AUTHORITY.—This subsection authorizes 

22 the Bureau of Prisons to place a prisoner in home 

23 confinement for the last 10 percent of the term to 

24 be served, not to exceed 6 months. 


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1 ‘‘(3) ASSISTANCE.—The United States Proba2 tion System shall, to the extent practicable, offer as3 sistance to a prisoner during such prerelease cus4 tody. 

5 ‘‘(4) NO LIMITATIONS.—Nothing in this sub6 section shall be construed to limit or restrict the au7 thority of the Bureau of Prisons granted under sec8 tion 3621 of this title.’’. 

9 SEC. 117. GRANTS TO STATES FOR IMPROVED WORKPLACE 

10 AND COMMUNITY TRANSITION TRAINING FOR 

11 INCARCERATED YOUTH OFFENDERS. 

12 Section 821 of the Higher Education Amendments of 

13 1998 (20 U.S.C. 1151) is amended to read as follows: 

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

15 AND COMMUNITY TRANSITION TRAINING FOR 

16 INCARCERATED YOUTH OFFENDERS. 

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

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

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

20 including a prerelease facility. 

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

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

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

24 with this section to provide grants to the State cor25 rectional education agencies in the States, from alloVerDate Aug 31 2005 00:25 Oct 06, 2006 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S4028.IS S4028

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1 cations for the States under subsection (h), to assist 

2 and encourage youth offenders to acquire functional 

3 literacy, life, and job skills, through— 

4 ‘‘(A) the pursuit of a postsecondary edu5 cation certificate, or an associate or bachelor’s 

6 degree while in prison; and 

7 ‘‘(B) employment counseling and other re8 lated services which start during incarceration 

9 and end not later than 1 year after release from 

10 confinement; and 

11 ‘‘(2) may establish such performance objectives 

12 and reporting requirements for State correctional 

13 education agencies receiving grants under this sec14 tion as the Secretary determines are necessary to as15 sess the effectiveness of the program under this sec16 tion. 

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

18 this section, a State correctional education agency shall 

19 submit to the Secretary a proposal for a youth offender 

20 program that— 

21 ‘‘(1) identifies the scope of the problem, includ22 ing the number of youth offenders in need of post23 secondary education and vocational training; 


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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 referenced to outcomes 

17 for non-program participants with similar de18 mographic 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 prior to and subsequent to 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 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 vocational training) 

16 and State industry programs; 

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

18 have considered or will utilize technology to deliver 

19 the services under this 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 postsecondary programs. 

23 ‘‘(d) PROGRAM REQUIREMENTS.—Each State correc24 tional education agency receiving a grant under this sec25 tion shall— 


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1 ‘‘(1) annually report to the Secretary regard2 ing— 

3 ‘‘(A) the results of the evaluations con4 ducted using data elements and definitions pro5 vided by the Secretary for the use of State cor6 rectional education programs; 

7 ‘‘(B) any objectives or requirements estab8 lished by the Secretary pursuant to subsection 

9 (b)(2); and 

10 ‘‘(C) the additional performance objectives 

11 and evaluation methods contained in the pro12 posal described in subsection (c)(4), as nec13 essary to document the attainment of project 

14 performance objectives; and 

15 ‘‘(2) expend on each participating eligible stu16 dent for an academic year, not more than the max17 imum Federal Pell Grant funded under section 401 

18 of the Higher Education Act of 1965 for such aca19 demic year, which shall be used for— 

20 ‘‘(A) tuition, books, and essential mate21 rials; and 

22 ‘‘(B) related services such as career devel23 opment, substance abuse counseling, parenting 

24 skills training, and health education. 


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

2 be eligible for participation in a program receiving a grant 

3 under this section if the youth offender— 

4 ‘‘(1) is eligible to be released within 5 years (in5 cluding a youth offender who is eligible for parole 

6 within such time); and 

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

8 ‘‘(f) LENGTH OF PARTICIPATION.—A State correc9 tional education agency receiving a grant under this sec10 tion shall provide educational and related services to each 

11 participating youth offender for a period not to exceed 5 

12 years, 1 year of which may be devoted to study in a grad13 uate education degree program or to remedial education 

14 services for students who have obtained a secondary school 

15 diploma or its recognized equivalent. Educational and re16 lated services shall start during the period of incarceration 

17 in prison or prerelease, and the related services may con18 tinue for not more than 1 year after release from confine19 ment. 

20 ‘‘(g) EDUCATION DELIVERY SYSTEMS.—State cor21 rectional education agencies and cooperating institutions 

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

23 in developing programs to meet the requirements and 

24 goals of this section. 


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1 ‘‘(h) ALLOCATION OF FUNDS.—From the funds ap2 propriated pursuant to subsection (i) for each fiscal year, 

3 the Secretary shall allot to each State an amount that 

4 bears the same relationship to such funds as the total 

5 number of students eligible under subsection (e) in such 

6 State bears to the total number of such students in all 

7 States. 

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

9 are authorized to be appropriated to carry out this section 

10 $30,000,000 for fiscal years 2007 and 2008.’’. 

11 SEC. 118. IMPROVED REENTRY PROCEDURES FOR FED12 ERAL PRISONERS. 

13 (a) GENERAL REENTRY PROCEDURES.—The Depart14 ment of Justice shall take such steps as are necessary to 

15 modify existing procedures and policies to enhance case 

16 planning and to improve the transition of persons from 

17 the custody of the Bureau of Prisons to the community, 

18 including placement of such individuals in community cor19 rections facilities. 

20 (b) PROCEDURES REGARDING BENEFITS.— 

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

22 establish reentry planning procedures within the Re23 lease Preparation Program that include providing 

24 Federal inmates with information in the following 

25 areas: 


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1 (A) Health and nutrition. 

2 (B) Employment. 

3 (C) Personal finance and consumer skills. 

4 (D) Information and community resources. 

5 (E) Release requirements and procedures. 

6 (F) Personal growth and development. 

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

8 Bureau of Prisons provides to inmates for reentry 

9 planning purposes shall use common terminology 

10 and language. The Bureau of Prisons shall provide 

11 the United States Probation and Pretrial Services 

12 System with relevant information on the medical 

13 care needs and the mental health treatment needs of 

14 releasing inmates. The United States Probation and 

15 Pretrial Services System shall take this information 

16 into account when developing supervision plans in an 

17 effort to address the medical care and mental health 

18 care needs of these individuals. The Bureau of Pris19 ons shall provide inmates with a sufficient amount 

20 of all necessary medications upon release from cus21 tody. 

22 SEC. 119. REAUTHORIZATION OF LEARN AND SERVE AMER23 ICA. 

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

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1 ed by striking ‘‘fiscal year 1994 and such sums as may 

2 be necessary for each of the fiscal years 1995 through 

3 1996’’ and inserting ‘‘fiscal year 2007 and each of the 

4 5 succeeding fiscal years’’. 

5 SEC. 120. JOB CORPS. 

6 Section 161 of the Workforce Investment Act of 1998 

7 (29 U.S.C. 2901) is amended by striking ‘‘such sums as 

8 may be necessary’’ and inserting ‘‘$1,800,000,000 (of 

9 which $300,000,000 shall be designated to create addi10 tional Job Corps centers, especially in high gang activity 

11 areas)’’. 

12 SEC. 121. WORKFORCE INVESTMENT ACT YOUTH ACTIVI13 TIES. 

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

15 1998 (29 U.S.C. 2872(a)) is amended by striking ‘‘such 

16 sums as may be necessary’’ and inserting ‘‘$1,000,000’’. 

17 SEC. 122. EXPANSION AND REAUTHORIZATION OF THE 

18 MENTORING INITIATIVE FOR SYSTEM IN19 VOLVED YOUTH. 

20 (a) EXPANSION.—Section 261(a) of the Juvenile Jus21 tice and Delinquency Prevention Act of 2002 (42 U.S.C. 

22 5665) is amended by inserting at the end the following: 

23 ‘‘The Administrator shall expand the number of sites re24 ceiving such grants from 4 to 12.’’. 


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1 (b) REAUTHORIZATION.—Section 12213(c) of the Ju2 venile Justice and Delinquency Prevention Act of 2002 

3 (42 U.S.C. 5671) is amended by striking subsection (c) 

4 and inserting the following: 

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR PART

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

7 part E, and authorized to remain available until expended, 

8 $4,800,000 for fiscal years 2007, 2008, 2009, 2010, and 

9 2011.’’. 

10 SEC. 123. STRATEGIC COMMUNITY PLANNING PROGRAM. 

11 Section 30701 of the Violent Crime Control Act of 

12 1994 (42 U.S.C. 13801) is amended by inserting the fol13 lowing: 

14 ‘‘SEC. 30701. GRANT AUTHORITY. 

15 ‘‘(a) GRANTS.— 

16 ‘‘(1) IN GENERAL.—In order to prevent gang 

17 activity by juveniles, the Attorney General may 

18 award grants on a competitive basis to eligible local 

19 entities to pay for the Federal share of assisting eli20 gible communities to develop and carry out pro21 grams that target at-risk youth and juvenile offend22 ers aged 11 to 19, who— 

23 ‘‘(A) have dropped out of school; 

24 ‘‘(B) have come into contact with the juve25 nile justice system; or 


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1 ‘‘(C) are at risk of dropping out of school 

2 or coming into contact with the juvenile justice 

3 system. 

4 ‘‘(2) LIMITATION.—No local entity shall receive 

5 a grant of less than $250,000 in a fiscal year. 

6 Amounts made available through such grants shall 

7 remain available until expended. 

8 ‘‘(b) PROGRAM REQUIREMENTS.— 

9 ‘‘(1) PROGRAMS.—A local entity that receives 

10 funds under this section shall develop or expand 

11 community programs in eligible communities that 

12 are designed to target at-risk youths and juvenile of13 fenders through prevention, early intervention, and 

14 graduated sanctions. 

15 ‘‘(2) OPTIONAL ACTIVITIES.—A local entity 

16 that receives funds under this section may develop a 

17 variety of programs to serve the comprehensive 

18 needs of at-risk youth and juvenile offenders, includ19 ing— 

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

21 programs, including educational, social, and 

22 athletic activities; 

23 ‘‘(B) mentoring programs; 

24 ‘‘(C) family counseling; and 

25 ‘‘(D) parental training programs. 


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

2 Attorney General through regulation shall define the cri3 teria necessary to qualify as an eligible community as de4 fined in subsection (g)(3). 

5 ‘‘(d) GRANT ELIGIBILITY.—To be eligible to receive 

6 a grant under this section, a local entity shall— 

7 ‘‘(1) identify an eligible community to be as8 sisted; 

9 ‘‘(2) develop a community planning process that 

10 includes— 

11 ‘‘(A) parents and family members; 

12 ‘‘(B) local school officials; 

13 ‘‘(C) teachers employed at schools within 

14 the eligible community; 

15 ‘‘(D) local public officials; 

16 ‘‘(E) law enforcement officers and officials; 

17 ‘‘(F) ministers and faith-based organiza18 tions; 

19 ‘‘(G) public housing authorities; 

20 ‘‘(H) public housing resident organization 

21 members, where applicable; and 

22 ‘‘(I) public and private nonprofit organiza23 tions that provide education, child protective 

24 services, or other human services to low-income, 


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1 at-risk youth and juvenile offenders, and their 

2 families; and 

3 ‘‘(3) develop a concentrated strategy for imple4 mentation of the community planning process devel5 oped under paragraph (2) that targets clusters of at6 risk youth and juvenile offenders in the eligible com7 munity. 

8 ‘‘(e) APPLICATIONS.— 

9 ‘‘(1) APPLICATION REQUIRED.—To be eligible 

10 to receive a grant under this section, a local entity 

11 shall submit an application to the Attorney General 

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

13 such information, as the Attorney General may rea14 sonably require, and obtain approval of such applica15 tion. 

16 ‘‘(2) CONTENTS OF APPLICATION.—Each appli17 cation submitted under paragraph (1) shall— 

18 ‘‘(A) contain a comprehensive plan for the 

19 program that is designed to improve the aca20 demic and social development of at-risk youths 

21 and juvenile offenders in the eligible commu22 nity; 

23 ‘‘(B) provide evidence of support for ac24 complishing the objectives of such plan from— 

25 ‘‘(i) community leaders; 


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1 ‘‘(ii) a school district; 

2 ‘‘(iii) local officials; and 

3 ‘‘(iv) other organizations that the 

4 local entity determines to be appropriate; 

5 ‘‘(C) provide an assurance that the local 

6 entity will use grant funds received under this 

7 subsection to implement the program require8 ments listed in subsection (b); 

9 ‘‘(D) include an estimate of the number of 

10 children in the eligible community expected to 

11 be served under the program; 

12 ‘‘(E) provide an assurance that the local 

13 entity shall prepare and submit to the Attorney 

14 General an annual report regarding any pro15 gram conducted under this section; and 

16 ‘‘(F) provide an assurance that the local 

17 entity will maintain separate accounting records 

18 for the program. 

19 ‘‘(3) PRIORITY.—In awarding grants to carry 

20 out programs under this section, the Attorney Gen21 eral shall give priority to local entities which submit 

22 applications that demonstrate the greatest effort in 

23 generating local support for the programs. 

24 ‘‘(f) FEDERAL SHARE.— 


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1 ‘‘(1) PAYMENTS.—The Attorney General shall, 

2 subject to the availability of appropriations, pay to 

3 each local entity having an application approved 

4 under subsection (e) the Federal share of the costs 

5 of developing and carrying out programs referred to 

6 in subsection (b). 

7 ‘‘(2) FEDERAL SHARE.—The Federal share of 

8 such costs shall be 70 percent. 

9 ‘‘(3) NON-FEDERAL SHARE.—The non-Federal 

10 share of such costs may be in cash or in kind, fairly 

11 evaluated, including personnel, plant, equipment, 

12 and services. 

13 ‘‘(g) DEFINITIONS.—For purposes of this section— 

14 ‘‘(1) the term ‘Attorney General’ means the At15 torney General of the United States; 

16 ‘‘(2) the term ‘local entity’ means— 

17 ‘‘(A) a local educational agency, or 

18 ‘‘(B) a community-based organization as 

19 defined in section 1471(3) of the Elementary 

20 and Secondary Education Act of 1965; 

21 ‘‘(3) the term ‘eligible community’ means an 

22 area which meets criteria with respect to significant 

23 poverty and significant violent crime, and such addi24 tional criteria, as the Attorney General may by regu25 lation require. 


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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for grants under this 

3 section— 

4 ‘‘(1) $10,000,000 for fiscal year 2007; 

5 ‘‘(2) $11,000,000 for fiscal year 2008; 

6 ‘‘(3) $12,000,000 for fiscal year 2009; 

7 ‘‘(4) $13,000,000 for fiscal year 2010; and 

8 ‘‘(5) $14,000,000 for fiscal year 2011.’’. 

9 SEC. 124. REAUTHORIZATION OF THE GANG RESISTANCE 

10 EDUCATION AND TRAINING PROJECTS PRO11 GRAM AND INCREASE FUNDING FOR THE NA12 TIONAL YOUTH GANG SURVEY. 

13 Section 32401 of the Violent Crime Control and Law 

14 Enforcement Act of 1994 (42 U.S.C. 13921) is amend15 ed— 

16 (1) in subsection (b), by striking paragraphs 

17 (1) through (6) and inserting the following: 

18 ‘‘(A) $21,000,000 for fiscal year 2007; 

19 ‘‘(B) $21,000,000 for fiscal year 2008; 

20 ‘‘(C) $21,000,000 for fiscal year 2009; 

21 ‘‘(D) $21,000,000 for fiscal year 2010; 

22 and 

23 ‘‘(E) $21,000,000 for fiscal year 2011;’’; 

24 and 

25 (2) adding at the end the following: 


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1 ‘‘(c) USE OF FUNDS.—Up to $1,000,000 annually of 

2 such funds authorized under this Section shall be used to 

3 increase the number of samples collected by the National 

4 Youth Gang Center for its annual National Youth Gang 

5 Survey.’’. 

6 TITLE II—SUPPRESSION AND 

7 COMMUNITY ANTI-GANG INI8 TIATIVES 

9 Subtitle A—Gang Activity Policing 

10 Program 

11 SEC. 201. AUTHORITY TO MAKE GANG ACTIVITY POLICING 

12 GRANTS. 

13 The Attorney General may make grants to States, 

14 units of local government, Indian tribal governments, 

15 other public and private entities, and multi-jurisdictional 

16 or regional consortia thereof to increase police presence, 

17 to expand and improve cooperative efforts between law en18 forcement agencies and members of the community to ad19 dress gang activity problems, and otherwise to enhance 

20 public safety. 

21 SEC. 202. ELIGIBLE ACTIVITIES. 

22 Grants made under this subtitle may include pro23 grams, projects, and other activities to— 


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1 (1) rehire law enforcement officers who have 

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

3 reductions for deployment to reduce gang activity; 

4 (2) hire and train new, additional career law 

5 enforcement officers for deployment to reduce gang 

6 activity across the Nation; 

7 (3) procure equipment, technology, or support 

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

9 officers deployed in gang activity policing; 

10 (4) award grants to pay for officers hired to 

11 perform intelligence in reducing gang activity; 

12 (5) increase the number of law enforcement of13 ficers involved in activities that are focused on inter14 action with members of the community on proactive 

15 gang control and prevention by redeploying officers 

16 to such activities; 

17 (6) establish and implement innovative pro18 grams to increase and enhance proactive crime con19 trol and gang prevention programs involving law en20 forcement officers and young persons in the commu21 nity; 

22 (7) establish school-based partnerships between 

23 local law enforcement agencies and local school sys24 tems by using school resource officers who operate 


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1 in and around elementary and secondary schools to 

2 combat gangs; 

3 (8) develop new technologies, including inter4 operable communications technologies, modernized 

5 criminal record technology, and forensic technology, 

6 to assist State and local law enforcement agencies in 

7 reducing gang activity and to train law enforcement 

8 officers to use such technologies; and 

9 (9) support the purchase by a law enforcement 

10 agency of no more than 1 service weapon per officer, 

11 upon hiring for deployment in gang activity policing 

12 or, if necessary, upon existing officers’ initial rede13 ployment to gang activity policing. 

14 SEC. 203. PREFERENTIAL CONSIDERATION OF APPLICA15 TIONS FOR CERTAIN GRANTS. 

16 In awarding grants under this subtitle, the Attorney 

17 General may give preferential consideration, where fea18 sible, to applications— 

19 (1) for hiring and rehiring additional career law 

20 enforcement officers that involve a non-Federal con21 tribution exceeding the 25 percent minimum under 

22 this subtitle; and 

23 (2) that are located in a high intensity inter24 state gang activity area designated pursuant to sec25 tion 211. 


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1 SEC. 204. UTILIZATION OF COMPONENTS. 

2 The Attorney General may utilize any component or 

3 components of the Department of Justice in carrying out 

4 this subtitle. 

5 SEC. 205. MINIMUM AMOUNT. 

6 Unless all applications submitted by any State and 

7 grantee within the State pursuant to this subtitle have 

8 been funded, each qualifying State, together with grantees 

9 within the State, shall receive in each fiscal year pursuant 

10 to this subtitle not less than 0.5 percent of the total 

11 amount appropriated in the fiscal year for grants pursuant 

12 to that section. In this section, ‘‘qualifying State’’ means 

13 any State which has submitted an application for a grant, 

14 or in which an eligible entity has submitted an application 

15 for a grant, which meets the requirements prescribed by 

16 the Attorney General and the conditions set out in this 

17 subtitle. 

18 SEC. 206. MATCHING FUNDS. 

19 The portion of the costs of a program, project, or ac20 tivity provided by this subtitle may not exceed 75 percent, 

21 unless the Attorney General waives, wholly or in part, the 

22 requirement under this section of a non-Federal contribu23 tion to the costs of a program, project, or activity. In rela24 tion to a grant for a period exceeding 1 year for hiring 

25 or rehiring career law enforcement officers, the Federal 

26 share shall decrease from year to year for up to 5 years, 


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1 looking toward the continuation of the increased hiring 

2 level using State or local sources of funding following the 

3 conclusion of Federal support. 

4 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

5 There is authorized to be appropriated to carry out 

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

7 2007 through 2011. Any amount appropriated under this 

8 section shall remain available until expended. 

9 Subtitle B—High Intensity 

10 Interstate Gang Activity Areas 

11 SEC. 211. DESIGNATION OF AND ASSISTANCE FOR ‘‘HIGH IN12 TENSITY’’ INTERSTATE GANG ACTIVITY 

13 AREAS. 

14 (a) DEFINITIONS.—In this section the following defi15 nitions shall apply: 

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

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

18 of Columbia. 

19 (2) HIGH INTENSITY INTERSTATE GANG ACTIV20 ITY AREA.—The term ‘‘high intensity interstate 

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

22 that is designated as a high intensity interstate gang 

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

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

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


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1 any commonwealth, territory, or possession of the 

2 United States. The term ‘‘State’’ shall include an 

3 ‘‘Indian tribe’’, as defined by section 102 of the Fed4 erally Recognized Indian Tribe List Act of 1994 (25 

5 U.S.C. 479a). 

6 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

7 AREAS.— 

8 (1) DESIGNATION.—The Attorney General, 

9 after consultation with the Governors of appropriate 

10 States, may designate as high intensity interstate 

11 gang activity areas, specific areas that are located 

12 within 1 or more States. To the extent that the 

13 goals of a high intensity interstate gang activity area 

14 (HIIGAA) overlap with the goals of a high intensity 

15 drug trafficking area (HIDTA), the Attorney Gen16 eral may merge the 2 areas to serve as a dual-pur17 pose entity. The Attorney General may not make the 

18 final designation of a high intensity interstate gang 

19 activity area without first consulting with and receiv20 ing comment from local elected officials representing 

21 communities within the State of the proposed des22 ignation. 

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

24 assistance to high intensity interstate gang activity 

25 areas, the Attorney General shall— 


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1 (A) establish criminal street gang enforce2 ment teams, consisting of Federal, State, and 

3 local law enforcement authorities, for the co4 ordinated investigation, disruption, apprehen5 sion, and prosecution of criminal street gangs 

6 and offenders in each high intensity interstate 

7 gang activity area; 

8 (B) direct the reassignment or detailing 

9 from any Federal department or agency (sub10 ject to the approval of the head of that depart11 ment or agency, in the case of a department or 

12 agency other than the Department of Justice) 

13 of personnel to each criminal street gang en14 forcement team; and 

15 (C) provide all necessary funding for the 

16 operation of the criminal street gang enforce17 ment team in each high intensity interstate 

18 gang activity area. 

19 (3) COMPOSITION OF CRIMINAL STREET GANG

20 ENFORCEMENT TEAM.—The team established pursu21 ant to paragraph (2)(A) shall consist of agents and 

22 officers, where feasible, from— 

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

25 (B) the Department of Homeland Security; 


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1 (C) the Department of Housing and Urban 

2 Development; 

3 (D) the Drug Enforcement Administration; 

4 (E) the Internal Revenue Service; 

5 (F) the Federal Bureau of Investigation; 

6 (G) the United States Marshal’s Service; 

7 (H) the United States Postal Service; 

8 (I) State and local law enforcement; and 

9 (J) Federal, State and local prosecutors. 

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

12 interstate gang activity area under this section, the 

13 Attorney General shall consider— 

14 (A) the current and predicted levels of 

15 gang crime activity in the area; 

16 (B) the extent to which violent crime in 

17 the area appears to be related to criminal street 

18 gang activity, such as drug trafficking, murder, 

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

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

22 enforcement agencies have committed resources 

23 to— 

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


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1 (ii) participate in a gang enforcement 

2 team; 

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

5 would enhance local response to the gang crime 

6 activities in the area; and 

7 (E) any other criteria that the Attorney 

8 General considers to be appropriate. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.— 

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

11 appropriated $100,000,000 for each of the fiscal 

12 years 2007 to 2011 to carry out this section. 

13 (2) USE OF FUNDS.—Of amounts made avail14 able under paragraph (1) in each fiscal year— 

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

16 subsection (b)(2); and 

17 (B) 50 percent shall be used to make 

18 grants available for community-based programs 

19 to provide crime prevention, research, and 

20 intervention services that are designed for gang 

21 members and at-risk youth in areas designated 

22 pursuant to this section as high intensity inter23 state gang activity areas. 

24 (3) REPORTING REQUIREMENTS.—By February 

25 1st of each year, the Attorney General shall provide 


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1 a report to Congress which describes, for each des2 ignated high intensity interstate gang activity 

3 area— 

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

5 goals and objectives; 

6 (B) the measurements used to evaluate the 

7 performance of the high intensity interstate 

8 gang activity area in achieving the long-term 

9 and short-term goals; 

10 (C) the age, composition, and membership 

11 of ‘‘gangs’’; 

12 (D) the number and nature of crimes com13 mitted by ‘‘gangs’’; and 

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

15 to compile this report. 

16 Subtitle C—Additional Funding 

17 SEC. 221. ADDITIONAL RESOURCES NEEDED BY THE FED18 ERAL BUREAU OF INVESTIGATION TO INVES19 TIGATE AND PROSECUTE VIOLENT CRIMINAL 

20 STREET GANGS. 

21 (a) RESPONSIBILITIES OF ATTORNEY GENERAL.— 

22 The Attorney General is authorized to require the Federal 

23 Bureau of Investigation to— 

24 (1) increase funding for the Safe Streets Pro25 gram; and 


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1 (2) support the criminal street gang enforce2 ment teams, established under section 211(b), in 

3 designated high intensity interstate gang activity 

4 areas. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.— 

6 (1) IN GENERAL.—In addition to amounts oth7 erwise authorized, there are authorized to be appro8 priated to the Attorney General $5,000,000 for each 

9 of the fiscal years 2007 through 2011 to carry out 

10 the Safe Streets Program. 

11 (2) AVAILABILITY.—Any amounts appropriated 

12 pursuant to paragraph (1) shall remain available 

13 until expended. 

14 SEC. 222. GRANTS TO PROSECUTORS AND LAW ENFORCE15 MENT TO COMBAT VIOLENT CRIME AND TO 

16 PROTECT WITNESSES AND VICTIMS OF 

17 CRIMES. 

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

19 Crime Control and Law Enforcement Act of 1994 (42 

20 U.S.C. 13862) is amended— 

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

22 end; 

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

24 the end and inserting a semicolon; and 

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


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

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

3 and 

4 ‘‘(B) reduce backlogs; 

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

7 increase accurate identification of gang members 

8 and violent offenders, and to maintain databases 

9 with such information to facilitate coordination 

10 among law enforcement and prosecutors; and 

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

12 protection programs to prevent threats, intimidation, 

13 and retaliation against victims of, and witnesses to, 

14 violent crimes.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 31707 of the Violent Crime Control and Law Enforcement 

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

18 follows: 

19 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

20 ‘‘(a) IN GENERAL.—There are authorized to be ap21 propriated $20,000,000 for each of the fiscal years 2007 

22 through 2011 to carry out this subtitle. 

23 ‘‘(b) USE OF FUNDS.—Of the amounts made avail24 able under subsection (a), in each fiscal year 60 percent 

25 shall be used to carry out section 31702(7) to create and 


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1 expand witness and victim protection programs to prevent 

2 threats, intimidation, and retaliation against victims of, 

3 and witnesses to, violent crimes.’’. 

4 SEC. 223. ENHANCEMENT OF PROJECT SAFE NEIGHBOR5 HOODS INITIATIVE TO IMPROVE ENFORCE6 MENT OF CRIMINAL LAWS AGAINST VIOLENT 

7 GANGS. 

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

9 Project Safe Neighborhoods as a comprehensive, strategic 

10 approach to reducing gun violence in America, the Attor11 ney General is authorized to expand the Project Safe 

12 Neighborhoods program to require each United States at13 torney to— 

14 (1) identify, investigate, and prosecute signifi15 cant criminal street gangs operating within their dis16 trict; 

17 (2) coordinate the identification, investigation, 

18 and prosecution of criminal street gangs among Fed19 eral, State, and local law enforcement agencies; and 

20 (3) coordinate and establish criminal street 

21 gang enforcement teams, established under section 

22 110(b), in high intensity interstate gang activity 

23 areas within a United States attorney’s district. 

24 (b) ADDITIONAL STAFF FOR PROJECT SAFE NEIGH25 BORHOODS.— 


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

2 hire Assistant United States attorneys, non-attorney 

3 coordinators, or paralegals to carry out the provi4 sions of this section. 

5 (2) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated $7,500,000 

7 for each of the fiscal years 2007 through 2011 to 

8 carry out this section. 

9 TITLE III—PUNISHMENT AND 

10 IMPROVED CRIME DATA 

11 SEC. 301. CRIMINAL STREET GANGS. 

12 (a) CRIMINAL STREET GANG PROSECUTIONS.—Sec13 tion 521 of title 18, United States Code, is amended to 

14 read as follows: 

15 ‘‘§ 521. Criminal street gang prosecutions 

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

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

18 ‘criminal street gang’ means a formal or informal 

19 group, club, organization, or association of 3 or 

20 more individuals, who individually, jointly, or in 

21 combination, have committed or attempted to com22 mit for the direct or indirect benefit of, at the direc23 tion of, in furtherance of, or in association with the 

24 group, club organization, or association at least 2 

25 separate acts, each of which is a predicate gang 


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1 crime, 1 of which occurs after the date of enactment 

2 of the Gang Prevention and Effective Deterrence 

3 Act of 2004 and the last of which occurs not later 

4 than 10 years (excluding any period of imprison5 ment) after the commission of a prior predicate gang 

6 crime, and 1 predicate gang crime is a crime of vio7 lence or involves manufacturing, importing, distrib8 uting, possessing with intent to distribute, or other9 wise dealing in a controlled substance or listed 

10 chemicals (as those terms are defined in section 102 

11 of the Controlled Substances Act (21 U.S.C. 802)) 

12 provided that the activities of the criminal street 

13 gang affect interstate or foreign commerce, or in14 volve the use of any facility of, or travel in, inter15 state or foreign commerce. 

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

17 ‘predicate gang crime’ means— 

18 ‘‘(A) any act, threat, conspiracy, or at19 tempted act, which is chargeable under Federal 

20 or State law and punishable by imprisonment 

21 for more than 1 year involving— 

22 ‘‘(i) murder; 

23 ‘‘(ii) manslaughter; 

24 ‘‘(iii) maiming; 


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1 ‘‘(iv) assault with a dangerous weap2 on; 

3 ‘‘(v) assault resulting in serious bodily 

4 injury; 

5 ‘‘(vi) gambling; 

6 ‘‘(vii) kidnapping; 

7 ‘‘(viii) robbery; 

8 ‘‘(ix) extortion; 

9 ‘‘(x) arson; 

10 ‘‘(xi) obstruction of justice; 

11 ‘‘(xii) tampering with or retaliating 

12 against a witness, victim, or informant; 

13 ‘‘(xiii) burglary; 

14 ‘‘(xiv) sexual assault (which means 

15 any offense that involves conduct that 

16 would violate chapter 109A if the conduct 

17 occurred in the special maritime and terri18 torial jurisdiction); 

19 ‘‘(xv) carjacking; or 

20 ‘‘(xvi) manufacturing, importing, dis21 tributing, possessing with intent to dis22 tribute, or otherwise dealing in a controlled 

23 substance or listed chemicals (as those 

24 terms are defined in section 102 of the 


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

2 802)); 

3 ‘‘(B) any act punishable by imprisonment 

4 for more than 1 year under— 

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

6 materials); 

7 ‘‘(ii) section 922(g)(1) (where the un8 derlying conviction is a violent felony (as 

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

10 title) or is a serious drug offense (as de11 fined in section 924(e)(2)(A) of this title)); 

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

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

14 possession, and transfer of firearms); 

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

16 to fraud and related activity in connection 

17 with identification documents or access de18 vices); 

19 ‘‘(v) section 1503 (relating to obstruc20 tion of justice); 

21 ‘‘(vi) section 1510 (relating to ob22 struction of criminal investigations); 

23 ‘‘(vii) section 1512 (relating to tam24 pering with a witness, victim, or inform25 ant), or section 1513 (relating to retaliVerDate Aug 31 2005 00:25 Oct 06, 2006 Jkt 049200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S4028.IS S4028

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1 ating against a witness, victim, or inform2 ant); 

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

4 of stolen mail matter); 

5 ‘‘(ix) section 1951 (relating to inter6 ference with commerce, robbery or extor7 tion); 

8 ‘‘(x) section 1952 (relating to racket9 eering); 

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

11 laundering of monetary instruments); 

12 ‘‘(xii) section 1957 (relating to engag13 ing in monetary transactions in property 

14 derived from specified unlawful activity); 

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

16 interstate commerce facilities in the com17 mission of murder-for-hire); or 

18 ‘‘(xiv) sections 2312 through 2315 

19 (relating to interstate transportation of 

20 stolen motor vehicles or stolen property); 

21 or 

22 ‘‘(C) any act involving the Immigration 

23 and Nationality Act, section 274 (relating to 

24 bringing in and harboring certain aliens), sec25 tion 277 (relating to aiding or assisting certain 


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1 aliens to enter the United States), or section 

2 278 (relating to importation of alien for im3 moral purpose). 

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

5 the several States of the United States, the District 

6 of Columbia, and any commonwealth, territory, or 

7 possession of the United States. 

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

9 It shall be unlawful— 

10 ‘‘(1) to commit, or conspire or attempt to com11 mit a predicate crime— 

12 ‘‘(A) in furtherance or in aid of the activi13 ties of a criminal street gang; 

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

15 to or maintaining or increasing position in such 

16 a gang; or 

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

18 the criminal street gang, or in association with 

19 the criminal street gang; or 

20 ‘‘(2) to employ, use, command, counsel, per21 suade, induce, entice, or coerce any individual to 

22 commit, cause to commit, or facilitate the commis23 sion of, a predicate gang crime— 

24 ‘‘(A) in furtherance or in aid of the activi25 ties of a criminal street gang; 


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

2 to or maintaining or increasing position in such 

3 a gang; or 

4 ‘‘(C) for the direct or indirect benefit or 

5 the criminal street gang, or in association with 

6 the criminal street gang. 

7 ‘‘(c) PENALTIES.—Whoever violates paragraph (1) or 

8 (2) of subsection (b)— 

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

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

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

12 gang crime for which the maximum penalty includes 

13 life imprisonment, shall be fined under this title, im14 prisoned for any term of years or for life, or both. 

15 ‘‘(d) FORFEITURE.— 

16 ‘‘(1) IN GENERAL.—The court, in imposing sen17 tence on a person who is convicted of an offense 

18 under this section, shall order that the defendant 

19 forfeit to the United States— 

20 ‘‘(A) any property, real or personal, consti21 tuting or traceable to gross proceeds obtained 

22 from such offense; and 

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

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

25 facilitate the commission of such violation. 


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

2 set forth in section 413 of the Controlled Substances 

3 Act (21 U.S.C. 853), other than subsection (d) of 

4 that section, and in rule 32.2 of the Federal Rules 

5 of Criminal Procedure, shall apply to all stages of a 

6 criminal forfeiture proceeding under this section. 

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

8 forfeiture under paragraph (1) may be forfeited in 

9 a civil case pursuant to the procedures set forth in 

10 chapter 46 of this title.’’. 

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

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

13 Code, is amended to read as follows: 

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

14 SEC. 302. VIOLENT CRIMES IN FURTHERANCE OR IN AID OF 

15 CRIMINAL STREET GANGS. 

16 (a) VIOLENT CRIMES AND CRIMINAL STREET GANG

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

18 Code, as amended by section 301, is amended by adding 

19 at the end the following: 

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

21 criminal street gang 

22 ‘‘(a) Any person who, for the purpose of gaining en23 trance to or maintaining or increasing position in, or in 

24 furtherance or in aid of, or for the direct or indirect ben25 efit of, or in association with a criminal street gang, or 


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1 as consideration for the receipt of, or as consideration for 

2 a promise or agreement to pay, anything of pecuniary 

3 value to or from a criminal street gang, murders, kidnaps, 

4 sexually assaults (which means any offense that involved 

5 conduct that would violate chapter 109A if the conduct 

6 occurred in the special maritime and territorial jurisdic7 tion), maims, assaults with a dangerous weapon, commits 

8 assault resulting in serious bodily injury upon, commits 

9 any other crime of violence or threatens to commit a crime 

10 of violence against any individual, or attempts or conspires 

11 to do so, shall be punished, in addition and consecutive 

12 to the punishment provided for any other violation of this 

13 chapter— 

14 ‘‘(1) for murder, by imprisonment for any term 

15 of years or for life, a fine under this title, or both; 

16 ‘‘(2) for kidnapping or sexual assault, by im17 prisonment for any term of years or for life, a fine 

18 under this title, or both; 

19 ‘‘(3) for maiming, by imprisonment for any 

20 term of years or for life, a fine under this title, or 

21 both; 

22 ‘‘(4) for assault with a dangerous weapon or as23 sault resulting in serious bodily injury, by imprison24 ment for not more than 30 years, a fine under this 

25 title, or both; 


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1 ‘‘(5) for any other crime of violence, by impris2 onment for not more than 20 years, a fine under 

3 this title, or both; 

4 ‘‘(6) for threatening to commit a crime of vio5 lence specified in paragraphs (1) through (4), by im6 prisonment for not more than 10 years, a fine under 

7 this title, or both; 

8 ‘‘(7) 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 ‘‘(8) for attempting or conspiring to commit a 

13 crime involving assault with a dangerous weapon or 

14 assault resulting in serious bodily injury, by impris15 onment for not more than 20 years, a fine under 

16 this title, or both. 

17 ‘‘(b) DEFINITION.—In this section, the term ‘crimi18 nal street gang’ has the same meaning as in section 521 

19 of this title.’’. 

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

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

22 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.’’. 


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1 SEC. 303. INTERSTATE AND FOREIGN TRAVEL OR TRANS2 PORTATION IN AID OF RACKETEERING EN3 TERPRISES AND CRIMINAL STREET GANGS. 

4 Section 1952 of title 18, United States Code, is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘and thereafter performs 

8 or attempts to perform’’ and inserting ‘‘and 

9 thereafter performs, or attempts or conspires to 

10 perform’’; and 

11 (B) by striking ‘‘5 years’’ and inserting 

12 ‘‘10 years’’; 

13 (2) by redesignating subsections (b) and (c) as 

14 subsections (c) and (d), respectively; 

15 (3) by inserting after subsection (a) the fol16 lowing: 

17 ‘‘(b) Whoever travels in interstate or foreign com18 merce or uses the mail or any facility in interstate or for19 eign commerce, with the intent to kill, assault, bribe, force, 

20 intimidate, or threaten any person, to delay or influence 

21 the testimony of, or prevent from testifying, a witness in 

22 a State criminal proceeding and thereafter performs, or 

23 attempts or conspires to perform, an act described in this 

24 subsection, shall— 

25 ‘‘(1) be fined under this title, imprisoned for 

26 any term of years, or both; and 


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1 ‘‘(2) if death results, imprisoned for any term 

2 of years or for life.’’; and 

3 (4) in subsection (c)(2), as redesignated under 

4 subparagraph (B), by inserting ‘‘intimidation of, or 

5 retaliation against, a witness, victim, juror, or in6 formant,’’ after ‘‘extortion, bribery,’’. 

7 SEC. 304. AMENDMENTS RELATING TO VIOLENT CRIME IN 

8 AREAS OF EXCLUSIVE FEDERAL JURISDIC9 TION. 

10 (a) ASSAULT WITHIN MARITIME AND TERRITORIAL

11 JURISDICTION OF UNITED STATES.—Section 113(a)(3) of 

12 title 18, United States Code, is amended by striking ‘‘with 

13 intent to do bodily harm, and without just cause or ex14 cuse,’’. 

15 (b) MANSLAUGHTER.—Section 1112(b) of title 18, 

16 United States Code, is amended by— 

17 (1) striking ‘‘ten years’’ and inserting ‘‘20 

18 years’’; and 

19 (2) striking ‘‘six years’’ and inserting ‘‘10 

20 years’’. 

21 (c) OFFENSES COMMITTED WITHIN INDIAN COUN22 TRY.—Section 1153(a) of title 18, United States Code, is 

23 amended by inserting ‘‘an offense for which the maximum 

24 statutory term of imprisonment under section 1363 is 


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1 greater than 5 years,’’ after ‘‘a felony under chapter 

2 109A,’’. 

3 (d) RACKETEER INFLUENCED AND CORRUPT ORGA4 NIZATIONS.—Section 1961(1) of title 18, United States 

5 Code, is amended— 

6 (1) in subparagraph (A), by inserting ‘‘, or 

7 would have been so chargeable if the act or threat 

8 (other than lawful forms of gambling) had not been 

9 committed in Indian country (as defined in section 

10 1151) or in any other area of exclusive Federal ju11 risdiction,’’ after ‘‘chargeable under State law’’; and 

12 (2) in subparagraph (B), by inserting ‘‘section 

13 1123 (relating to multiple interstate murder),’’ after 

14 ‘‘section 1084 (relating to the transmission of wa15 gering information),’’. 

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

17 States Code, is amended by striking ‘‘, with the intent to 

18 cause death or serious bodily harm’’. 

19 (f) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO

20 COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO21 LENCE.—Section 924(h) of title 18, United States Code, 

22 is amended to read as follows: 

23 ‘‘(h) ILLEGAL TRANSFERS.—Whoever knowingly 

24 transfers a firearm, knowing that the firearm will be used 

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1 lence (as defined in subsection (c)(3)) or drug trafficking 

2 crime (as defined in subsection (c)(2)), shall be imprisoned 

3 for not more than 10 years, fined under this title, or 

4 both.’’. 

5 (g) AMENDMENT OF SPECIAL SENTENCING PROVI6 SION.—Section 3582(d) of title 18, United States Code, 

7 is amended— 

8 (1) by striking ‘‘chapter 95 (racketeering) or 96 

9 (racketeer influenced and corrupt organizations) of 

10 this title’’ and inserting ‘‘section 521 (criminal 

11 street gangs) or 522 (violent crimes in furtherance 

12 or in aid of criminal street gangs), in chapter 95 

13 (racketeering) or 96 (racketeer influenced and cor14 rupt organizations),’’; and 

15 (2) by inserting ‘‘a criminal street gang or’’ be16 fore ‘‘an illegal enterprise’’. 

17 (h) CONFORMING AMENDMENT RELATING TO OR18 DERS FOR RESTITUTION.—Section 3663(c)(4) of title 18, 

19 United States Code, is amended by striking ‘‘chapter 46 

20 or chapter 96 of this title’’ and inserting ‘‘section 521, 

21 under chapter 46 or 96,’’. 

22 (i) SPECIAL PROVISION FOR INDIAN COUNTRY.—No 

23 person subject to the criminal jurisdiction of an Indian 

24 tribal government shall be subject to section 3559(e) of 

25 title 18, United States Code, for any offense for which 


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1 Federal jurisdiction is solely predicated on Indian country 

2 (as defined in section 1151 of such title 18) and which 

3 occurs within the boundaries of such Indian country un4 less the governing body of such Indian tribe elects to sub5 ject the persons under the criminal jurisdiction of the tribe 

6 to section 3559(e) of such title 18. 

7 SEC. 305. INCREASED PENALTIES FOR USE OF INTERSTATE 

8 COMMERCE FACILITIES IN THE COMMISSION 

9 OF MURDER-FOR-HIRE AND OTHER FELONY 

10 CRIMES OF VIOLENCE. 

11 Section 1958 of title 18, United States Code, is 

12 amended— 

13 (1) by striking the header and inserting the fol14 lowing: 

15 ‘‘§ 1958. Use of interstate commerce facilities in the 

16 commission of murder-for-hire and other 

17 felony crimes of violence’’; 

18 (2) in subsection (a), by striking ‘‘Whoever’’ 

19 through ‘‘conspires to do so’’ and inserting the fol20 lowing: 

21 ‘‘(a) Any person who travels in or causes another (in22 cluding the intended victim) to travel in interstate or for23 eign commerce, or uses or causes another (including the 

24 intended victim) to use the mail or any facility in inter25 state or foreign commerce, with intent that a murder or 


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1 other felony crime of violence be committed in violation 

2 of the laws of any State or the United States as consider3 ation for the receipt of, or as consideration for a promise 

4 or agreement to pay, anything of pecuniary value, or who 

5 conspires to do so—’’. 

6 (3) striking ‘‘ten’’ and inserting ‘‘20’’; and 

7 (4) by striking ‘‘twenty’’ and inserting ‘‘30’’. 

8 SEC. 306. INCREASED PENALTIES FOR VIOLENT CRIMES IN 

9 AID OF RACKETEERING ACTIVITY. 

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

11 amended— 

12 (1) by striking ‘‘Whoever’’ through ‘‘punished’’ 

13 and inserting the following: 

14 ‘‘(a) Any person who, as consideration for the receipt 

15 of, or as consideration for a promise or agreement to pay, 

16 anything of pecuniary value from an enterprise engaged 

17 in racketeering activity, or for the purpose of gaining en18 trance to or maintaining or increasing position in an en19 terprise engaged in racketeering activity, or in furtherance 

20 or in aid of an enterprise engaged in racketeering activity, 

21 murders, kidnaps, sexually assaults (which means any of22 fense that involved conduct that would violate chapter 

23 109A if the conduct occurred in the special maritime and 

24 territorial jurisdiction), maims, assaults with a dangerous 

25 weapon, commits assault resulting in serious bodily injury 


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1 upon, or threatens to commit a crime of violence against 

2 any individual in violation of the laws of any State or the 

3 United States, or attempts or conspires to do so, shall be 

4 punished, in addition and consecutive to the punishment 

5 provided for any other violation of this chapter—’’; and 

6 (2) by striking paragraphs (2) through (6) and 

7 inserting the following: 

8 ‘‘(2) for kidnapping or sexual assault, by im9 prisonment for any term of years or for life, a fine 

10 under this title, or both; 

11 ‘‘(3) for maiming, by imprisonment for any 

12 term of years or for life, a fine under this title, or 

13 both; 

14 ‘‘(4) for assault with a dangerous weapon or as15 sault resulting in serious bodily injury, by imprison16 ment for not more than 30 years, a fine under this 

17 title, or both; 

18 ‘‘(5) for threatening to commit a crime of vio19 lence, by imprisonment for not more than 10 years, 

20 a fine under this title, or both; 

21 ‘‘(6) for attempting or conspiring to commit 

22 murder, kidnapping, maiming, or sexual assault, by 

23 imprisonment for not more than 30 years, a fine 

24 under this title, or both; and 


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1 ‘‘(7) for attempting or conspiring to commit as2 sault with a dangerous weapon or assault which 

3 would result in serious bodily injury, by imprison4 ment for not more than 20 years, a fine under this 

5 title, or both.’’. 

6 SEC. 307. VIOLENT CRIMES COMMITTED DURING AND IN 

7 RELATION TO A DRUG TRAFFICKING CRIME. 

8 (a) IN GENERAL.—Part D of the Controlled Sub9 stances Act (21 U.S.C. 841 et seq.) is amended by adding 

10 at the end the following: 

11 ‘‘VIOLENT CRIMES COMMITTED DURING AND IN

12 RELATION TO A DRUG TRAFFICKING CRIME

13 ‘‘SEC. 424. (a) IN GENERAL.—Any person who, dur14 ing and in relation to any drug trafficking crime, murders, 

15 kidnaps, sexually assaults (which means any offense that 

16 involved conduct that would violate chapter 109A if the 

17 conduct occurred in the special maritime and territorial 

18 jurisdiction), maims, assaults with a dangerous weapon, 

19 commits assault resulting in serious bodily injury upon, 

20 commits any other crime of violence or threatens to com21 mit a crime of violence against, any individual, or attempts 

22 or conspires to do so, shall be punished, in addition and 

23 consecutive to the punishment provided for the drug traf24 ficking crime— 


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1 ‘‘(1) in the case of murder, by imprisonment for 

2 any term of years or for life, a fine under title 18, 

3 United States Code, or both; 

4 ‘‘(2) in the case of kidnapping or sexual assault 

5 by imprisonment for any term of years or for life, 

6 a fine under such title 18, or both; 

7 ‘‘(3) in the case of maiming, by imprisonment 

8 for any term of years or for life, a fine under such 

9 title 18, or both; 

10 ‘‘(4) in the case of assault with a dangerous 

11 weapon or assault resulting in serious bodily injury, 

12 by imprisonment not more than 30 years, a fine 

13 under such title 18, or both; 

14 ‘‘(5) in the case of committing any other crime 

15 of violence, by imprisonment for not more than 20 

16 years, a fine under this title, or both; 

17 ‘‘(6) in the case of threatening to commit a 

18 crime of violence specified in paragraphs (1) through 

19 (4), by imprisonment for not more than 10 years, a 

20 fine under such title 18, or both; 

21 ‘‘(7) in the case of attempting or conspiring to 

22 commit murder, kidnapping, maiming, or sexual as23 sault, by imprisonment for not more than 30 years, 

24 a fine under such title 18, or both; and 


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1 ‘‘(8) in the case of attempting or conspiring to 

2 commit a crime involving assault with a dangerous 

3 weapon or assault resulting in serious bodily injury, 

4 by imprisonment for not more than 20 years, a fine 

5 under such title 18, or both. 

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

7 section may be brought in— 

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

9 other crime of violence occurred; or 

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

12 ‘‘(c) DEFINITIONS.—As used in this section— 

13 ‘‘(1) the term ‘crime of violence’ has the mean14 ing given that term in section 16 of title 18, United 

15 States Code; and 

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

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

18 18, United States Code.’’. 

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

20 for the Controlled Substances Act is amended by inserting 

21 after the item relating to section 423, the following: 

‘‘Sec.424.Violent crimes committed during and in relation to a drug trafficking crime.’’. 


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1 SEC. 308. EXPANSION OF REBUTTABLE PRESUMPTION 

2 AGAINST RELEASE OF PERSONS CHARGED 

3 WITH FIREARMS OFFENSES. 

4 Section 3142 of title 18, United States Code, is 

5 amended— 

6 (1) in subsection (e), in the matter following 

7 paragraph (3)— 

8 (A) by inserting ‘‘an offense under section 

9 922(g)(1) where the underlying conviction is a 

10 serious drug offense as defined in section 

11 924(e)(2)(A) of title 18, United States Code, 

12 for which a period of not more than 10 years 

13 has elapsed since the date of the conviction or 

14 the release of the person from imprisonment, 

15 whichever is later, or is a serious violent felony 

16 as defined in section 3559(c)(2)(F) of title 18, 

17 United States Code,’’ after ‘‘that the person 

18 committed’’; and 

19 (B) by inserting ‘‘or’’ before ‘‘the Mari20 time’’; 

21 (2) in subsection (f)(1)— 

22 (A) in subparagraph (C), by striking ‘‘or’’ 

23 at the end; and 

24 (B) by adding at the end the following: 

25 ‘‘(E) an offense under section 922(g); or’’; 

26 and 


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1 (3) in subsection (g), by amending paragraph 

2 (1) to read as follows: 

3 ‘‘(1) the nature and circumstances of the of4 fense charged, including whether the offense is a 

5 crime of violence, or involves a drug, firearm, explo6 sive, or destructive devise;’’. 

7 SEC. 309. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

8 (a) IN GENERAL.—Chapter 214 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 3297. 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 214 of title 18, United States 

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

‘‘3296. Violent crime offenses.’’. 

4 SEC. 310. 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 (r) as para11 graph (u); and 

12 (3) by inserting after paragraph (q) the fol13 lowing: 

14 ‘‘(r) 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 ‘‘(s) any violation of 1123 of title 18, United 

19 States Code (relating to multiple interstate murder); 

20 ‘‘(t) any violation of section 521, 522, or 523 

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

22 SEC. 311. CLARIFICATION TO HEARSAY EXCEPTION FOR 

23 FORFEITURE BY WRONGDOING. 

24 Rule 804(b)(6) of the Federal Rules of Evidence is 

25 amended to read as follows: 


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1 ‘‘(6) Forfeiture by wrongdoing. A state2 ment offered against a party that has engaged, ac3 quiesced, or conspired, in wrongdoing that was in4 tended to, and did, procure the unavailability of the 

5 declarant as a witness.’’. 

6 SEC. 312. CLARIFICATION OF VENUE FOR RETALIATION 

7 AGAINST A WITNESS. 

8 Section 1513 of title 18, United States Code, is 

9 amended by— 

10 (1) redesignating subsection (e) beginning with 

11 ‘‘Whoever conspires’’ as subsection (f); and 

12 (2) adding at the end the following: 

13 ‘‘(g) A prosecution under this section may be brought 

14 in the district in which the official proceeding (whether 

15 or not pending, about to be instituted or was completed) 

16 was intended to be affected or was completed, or in which 

17 the conduct constituting the alleged offense occurred.’’. 

18 SEC. 313. AMENDMENT OF SENTENCING GUIDELINES RE19 LATING TO CERTAIN GANG AND VIOLENT 

20 CRIMES. 

21 (a) DIRECTIVE TO THE UNITED STATES SEN22 TENCING COMMISSION.—Pursuant to its authority under 

23 section 994(p) of title 28, United States Code, and in ac24 cordance with this section, the United States Sentencing 

25 Commission shall review and, if appropriate, amend its 


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1 guidelines and its policy statements to conform to the pro2 visions of title I and this title. 

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

4 the Sentencing Commission shall— 

5 (1) establish new guidelines and policy state6 ments, as warranted, in order to implement new or 

7 revised criminal offenses created under this title; 

8 (2) ensure that the sentencing guidelines and 

9 policy statements reflect the serious nature of the of10 fenses and the penalties set forth in this title, the 

11 growing incidence of serious gang and violent 

12 crimes, and the need to modify the sentencing guide13 lines and policy statements to deter, prevent, and 

14 punish such offenses; 

15 (3) consider the extent to which the guidelines 

16 and policy statements adequately address— 

17 (A) whether the guideline offense levels 

18 and enhancements for gang and violent 

19 crimes— 

20 (i) are sufficient to deter and punish 

21 such offenses; and 

22 (ii) are adequate in view of the statu23 tory increases in penalties contained in the 

24 Act; and 


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1 (B) whether any existing or new specific 

2 offense characteristics should be added to re3 flect congressional intent to increase gang and 

4 violent crime penalties, punish offenders, and 

5 deter gang and violent crime; 

6 (4) assure reasonable consistency with other 

7 relevant directives and with other sentencing guide8 lines; 

9 (5) account for any additional aggravating or 

10 mitigating circumstances that might justify excep11 tions to the generally applicable sentencing ranges; 

12 (6) make any necessary conforming changes to 

13 the sentencing guidelines; and 

14 (7) assure that the guidelines adequately meet 

15 the purposes of sentencing under section 3553(a)(2) 

16 of title 18, United States Code. 

17 SEC. 314. SOLICITATION OR RECRUITMENT OF PERSONS IN 

18 CRIMINAL STREET GANG ACTIVITY. 

19 Chapter 26 of title 18, United States Code, is amend20 ed by adding at the end the following: 

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

22 criminal street gang 

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

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

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


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

2 to cause that person to participate in an offense described 

3 in section 521(a). 

4 ‘‘(b) DEFINITION.—In this section: 

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

6 ‘criminal street gang’ shall have the same meaning 

7 as in section 521(a) of this title. 

8 ‘‘(2) MINOR.—The term ‘minor’ means a per9 son who is less than 18 years of age. 

10 ‘‘(c) PENALTIES.—Any person who violates sub11 section (a) shall— 

12 ‘‘(1) be imprisoned not more than 5 years, fined 

13 under this title, or both; or 

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

15 commanded, or caused to participate or remain in a 

16 criminal street gang is under the age of 18— 

17 ‘‘(A) be imprisoned for not more than 10 

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

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

20 judge, be liable for any costs incurred by the 

21 Federal Government, or by any State or local 

22 government, for housing, maintaining, and 

23 treating the person until the person attains the 

24 age of 18 years.’’. 


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1 SEC. 315. INCREASED PENALTIES FOR CRIMINAL USE OF 

2 FIREARMS IN CRIMES OF VIOLENCE AND 

3 DRUG TRAFFICKING. 

4 (a) IN GENERAL.—Section 924(c)(1)(A) of title 18, 

5 United States Code, is amended— 

6 (1) by striking ‘‘shall’’ and inserting ‘‘or con7 spires to commit any of the above acts, shall, for 

8 each instance in which the firearm is used, carried, 

9 or possessed’’; 

10 (2) in clause (i), by striking ‘‘5 years’’ and in11 serting ‘‘7 years’’; and 

12 (3) by striking clause (ii). 

13 (b) CONFORMING AMENDMENTS.—Section 924 of 

14 title 18, United States Code, is amended— 

15 (1) in subsection (c), by striking paragraph (4); 

16 and 

17 (2) by striking subsection (o). 

18 SEC. 316. POSSESSION OF FIREARMS BY DANGEROUS FEL19 ONS. 

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

21 States Code, is amended— 

22 (1) in paragraph (1), by inserting after ‘‘vio23 lates section 922(g) of this title’’ and before ‘‘and 

24 has three previous convictions’’ the following: ‘‘and 

25 has previously been convicted by any court referred 

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1 ous drug offense shall, in the case of 1 such prior 

2 conviction, where a period of not more than 10 years 

3 has elapsed since the date of the conviction or re4 lease of the person from imprisonment for that con5 viction, be subject to imprisonment for not more 

6 than 15 years a fine under this title, or both; in the 

7 case of 2 such prior convictions, committed on occa8 sions different from one another, and where a period 

9 of not more than 10 years has elapsed since the date 

10 of the conviction or release of the person from im11 prisonment for that conviction, be subject to impris12 onment for not more than 20 years a fine under this 

13 title, or both; and in the case of an individual who’’; 

14 and 

15 (2) by striking paragraph (2) and inserting the 

16 following: 

17 ‘‘(2) As used in this subsection— 

18 ‘‘(A) the term ‘serious drug offense’ means— 

19 ‘‘(i) an offense under the Controlled Sub20 stances Act (21 U.S.C. 801 et seq.), the Con21 trolled Substances Import and Export Act (21 

22 U.S.C. 951 et seq.), or the Maritime Drug Law 

23 Enforcement Act (46 U.S.C. App. 1901 et 

24 seq.), punishable by a maximum term of impris25 onment of not less than 10 years; or 


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1 ‘‘(ii) an offense under State law, involving 

2 manufacturing, distributing, or possessing with 

3 intent to manufacture or distribute, a controlled 

4 substance (as defined in section 102 of the Con5 trolled Substances Act (21 U.S.C. 802)), pun6 ishable by a maximum term of imprisonment of 

7 not less than 10 years; 

8 ‘‘(B) the term ‘violent felony’ means any crime 

9 punishable by a term of imprisonment exceeding 1 

10 year, or any act of juvenile delinquency involving the 

11 use or carrying of a firearm, knife, or destructive de12 vice that would be punishable by a maximum term 

13 of imprisonment for such term if committed by an 

14 adult, that— 

15 ‘‘(i) has, as an element of the crime or act, 

16 the use, attempted use, or threatened use of 

17 physical force against the person of another; or 

18 ‘‘(ii) is burglary, arson, or extortion, in19 volves the use of explosives, or otherwise in20 volves conduct that presents a serious potential 

21 risk of physical injury to another; and 

22 ‘‘(C) the term ‘conviction’ includes a finding 

23 that a person has committed an act of juvenile delin24 quency involving a violent felony.’’. 


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1 (b) AMENDMENT TO SENTENCING GUIDELINES.— 

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

3 United States Code, the United States Sentencing Com4 mission shall amend the Federal Sentencing Guidelines to 

5 provide for an appropriate increase in the offense level for 

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

7 Code, in accordance with section 924(e) of such title 18, 

8 as amended by subsection (a). 

9 (c) CONFORMING AMENDMENT.—The matter before 

10 paragraph (1) in section 922(d) of title 18, United States 

11 Code, is amended by inserting ‘‘, transfer,’’ after ‘‘sell’’. 

12 SEC. 317. STANDARDIZATION OF CRIME REPORTING. 

13 (a) EXPANDING UNIFORM CRIME REPORTING.—Sec14 tion 7332(c) of the Uniform Federal Crime Reporting Act 

15 of 1988 (28 U.S.C. 534 note) is amended by— 

16 (1) in paragraph (2), by— 

17 (A) inserting ‘‘along with all municipality 

18 police departments’’ after ‘‘which routinely in19 vestigate complaints of criminal activity,’’; and 

20 (B) adding at the end the following: ‘‘The 

21 Attorney General shall create a separate cat22 egory in the Uniform Crime Reports to distin23 guish crimes committed by juveniles.’’; and 

24 (2) in paragraph (3), by inserting ‘‘, officials of 

25 municipalities,’’ after ‘‘State governments’’. 


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•S 4028 IS

1 (b) CONSOLIDATING AND STANDARDIZING ALL

2 CRIME DATA.—Section 150008 of the Violent Crime Con3 trol and law Enforcement Act of 1994 (42 U.S.C. 14062) 

4 is amended— 

5 (1) in subsection (a), by— 

6 (A) inserting ‘‘, consolidate, and stand7 ardize all’’ after ‘‘strategy to coordinate’’; 

8 (B) inserting ‘‘and crime (that would be 

9 included in the Uniform Crime Reports) re10 lated’’ after ‘‘gang-related’’; 

11 (C) striking ‘‘and’’ after ‘‘shall acquire’’ 

12 and inserting ‘‘, consolidate, and standardize 

13 all’’ after ‘‘shall acquire, collect’’; and 

14 (D) inserting ‘‘and other crimes that would 

15 be included in the Uniform Crime Reports’’ 

16 after ‘‘incidents of gang violence’’; 

17 (2) in subsection (c), by— 

18 (A) inserting ‘‘the efforts and strategy of 

19 the Department of Justice in consolidating and 

20 standardizing data on all crime and’’ after 

21 ‘‘prepare a report on’’; 

22 (B) striking ‘‘violence’’ after ‘‘national 

23 gang’’ and inserting ‘‘offenses’’; and 

24 (C) striking ‘‘1996’’ after ‘‘January 1,’’ 

25 and inserting ‘‘2008’’; and 


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1 (3) in subsection (d), by— 

2 (A) striking ‘‘$1,000,000’’ after ‘‘carry out 

3 this section’’ and substituting ‘‘$2,000,000’’; 

4 and 

5 (B) striking ‘‘1996’’ after ‘‘fiscal year,’’ 

6 and inserting ‘‘2007’’. 

7 SEC. 318. PROVIDING ADDITIONAL FORENSIC EXAMINERS. 

8 Section 816 of the Uniting and Strengthening Amer9 ica by Providing Appropriate Tools Required to Intercept 

10 and Obstruct Terrorism Act of 2001 (28 U.S.C. 509) is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) by redesignating paragraph (5) as (6) 

14 and inserting after paragraph (4) the following: 

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

16 help with forensic work and to fight gang activity; 

17 and’’; and 

18 (2) in subsection (b), by striking paragraph (1) 

19 and inserting the following: 

20 ‘‘(1) AUTHORIZATION.—There is hereby author21 ized to be appropriated in each fiscal year 

22 $55,000,000 for purposes of carrying out this sec23 tion.’’. 


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1 SEC. 319. STUDY ON EXPANDING FEDERAL AUTHORITY FOR 

2 JUVENILE OFFENDERS. 

3 (a) IN GENERAL.—Not later than 9 months after the 

4 date of enactment of this Act, the Comptroller General 

5 of the United States shall submit to the Committees on 

6 the Judiciary of the Senate and the House of Representa7 tives a report on the costs and benefits associated with 

8 expanding Federal authority to prosecute offenders under 

9 the age of 18 who are gang members who commit criminal 

10 offenses. 

11 (b) CONTENTS.—The report submitted under sub12 section (a) shall— 

13 (1) examine the ability of the judicial systems 

14 of the States to respond effectively to juveniles who 

15 are members of ‘‘criminal street gangs’’, as defined 

16 under section 521 of title 18, United States Code; 

17 (2) examine the extent to which offenders who 

18 are 16 and 17 years old are members of criminal 

19 street gangs, and are accused of committing violent 

20 crimes and prosecuted in the adult criminal justice 

21 systems of the individual States; 

22 (3) determine the percentage of crimes com23 mitted by members of ‘‘criminal street gangs’’ that 

24 are committed by offenders who are 16 and 17 years 

25 old; 


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1 (4) examine the extent to which United States 

2 attorneys currently bring criminal indictments and 

3 prosecute offenders under the age of 18, and the ex4 tent to which United States attorneys’ offices in5 clude prosecutors with experience prosecuting juve6 niles for adult criminal violations; 

7 (5) examine the extent to which the Bureau of 

8 Prisons houses offenders under the age of 18, and 

9 has the ability and experience to meet the needs of 

10 young offenders; 

11 (6) estimate the cost to the Federal Govern12 ment of prosecuting and incarcerating 16 and 17 

13 year olds who are members of criminal street gangs 

14 and are accused of violent crimes; and 

15 (7) detail any benefits for Federal prosecutions 

16 that would be realized by expanding Federal author17 ity to bring charges against 16 and 17 year olds who 

18 are members of criminal street gangs and are ac19 cused of violent crimes. 

Æ 


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