109 
(b) REQUIREMENTS.—In carrying out this section, 
the Sentencing Commission shall— 
(1) establish new guidelines and policy state-
ments, as warranted, in order to implement new or 
revised criminal offenses created under this title; 
(2) ensure that the sentencing guidelines and 
policy statements reflect the serious nature of the of-
fenses and the penalties set forth in this title, the 
growing incidence of serious gang and violent 
crimes, and the need to modify the sentencing guide-
lines and policy statements to deter, prevent, and 
punish such offenses; 
(3) consider the extent to which the guidelines 
and policy statements adequately address— 
(A) whether the guideline offense levels 
and 
enhancements 
for 
gang 
and 
violent 
crimes— 
(i) are sufficient to deter and punish 
such offenses; and 
(ii) are adequate in view of the statu-
tory increases in penalties contained in the 
amendments made by this title; and 
(B) whether any existing or new specific 
offense characteristics should be added to re-
flect congressional intent to increase gang and 
VerDate Aug 31 2005 
23:48 Mar 29, 2007
Jkt 059200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H1692.IH
H1692
ccoleman on PROD1PC60 with BILLS
110 
violent crime penalties, punish offenders, and 
deter gang and violent crime; 
(4) assure reasonable consistency with other 
relevant directives and with other sentencing guide-
lines; 
(5) account for any additional aggravating or 
mitigating circumstances that might justify excep-
tions to the generally applicable sentencing ranges; 
(6) make any necessary conforming changes to 
the sentencing guidelines; and 
(7) assure that the guidelines adequately meet 
the purposes of sentencing under section 3553(a)(2) 
of title 18, United States Code. 
SEC. 313. STUDY ON EXPANDING FEDERAL AUTHORITY FOR 
JUVENILE OFFENDERS. 
(a) IN GENERAL.—Not later than 9 months after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
the Judiciary of the Senate and the Committee on the Ju-
diciary of the House of Representatives a report on the 
costs and benefits associated with expanding Federal au-
thority to prosecute offenders under the age of 18 years 
who are gang members who commit criminal offenses. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall— 
VerDate Aug 31 2005 
23:48 Mar 29, 2007
Jkt 059200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H1692.IH
H1692
ccoleman on PROD1PC60 with BILLS
111 
(1) examine the ability of the judicial systems 
of the States to respond effectively to juveniles who 
are members of criminal street gangs, as that term 
is defined in section 521 of title 18, United States 
Code, as amended by this Act; 
(2) examine the extent to which offenders who 
are 16 and 17 years old are members of criminal 
street gangs, and are accused of committing violent 
crimes and prosecuted in the adult criminal justice 
systems of the individual States; 
(3) determine the percentage of crimes com-
mitted by members of criminal street gangs that are 
committed by offenders who are 16 and 17 years 
old; 
(4) examine the extent to which United States 
attorneys bring criminal indictments and prosecute 
offenders under the age of 18 years, and the extent 
to which United States Attorneys’ offices include 
prosecutors with experience prosecuting juveniles for 
adult criminal violations; 
(5) examine the extent to which the Bureau of 
Prisons houses offenders under the age of 18 years, 
and has the ability and experience to meet the needs 
of young offenders; 
VerDate Aug 31 2005 
23:48 Mar 29, 2007
Jkt 059200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H1692.IH
H1692
ccoleman on PROD1PC60 with BILLS
112 
(6) estimate the cost to the Federal Govern-
ment of prosecuting and incarcerating members of 
criminal street gangs who are 16 or 17 years old 
and are accused of violent crimes; and 
(7) detail any benefits for Federal prosecutions 
that would be realized by expanding Federal author-
ity to bring charges against members of criminal 
street gangs who are 16 or 17 years old and are ac-
cused of violent crimes. 
Subtitle B—Firearms Offenses 
SEC. 321. EXPANSION OF REBUTTABLE PRESUMPTION 
AGAINST RELEASE OF PERSONS CHARGED 
WITH FIREARMS OFFENSES. 
Section 3142 of title 18, United States Code, is 
amended— 
(1) in subsection (e), in the matter following 
paragraph (3)— 
(A) by inserting ‘‘an offense under section 
922(g)(1) where the underlying conviction is a 
serious drug offense (as that term is defined in 
section 924(e)(2)(A) of this title) for which a 
period of not more than 10 years has elapsed 
since the date of the conviction or the release 
of the person from imprisonment, whichever is 
later, or is a serious violent felony (as that term 
VerDate Aug 31 2005 
23:48 Mar 29, 2007
Jkt 059200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H1692.IH
H1692
ccoleman on PROD1PC60 with BILLS
113 
is defined in section 3559(c)(2)(F) of this 
title),’’ after ‘‘that the person committed’’; and 
(B) by inserting a comma before ‘‘or an of-
fense involving a minor’’; and 
(2) in subsection (f)(1)— 
(A) in subparagraph (D), by striking ‘‘or’’ 
at the end; and 
(B) by adding at the end the following: 
‘‘(F) an offense under section 922(g); or’’. 
SEC. 322. INCREASED PENALTIES FOR USE OF FIREARM IN 
CRIME OF VIOLENCE OR DRUG TRAFFICKING 
CRIME. 
(a) IN GENERAL.—Section 924(c)(1)(A) of title 18, 
United States Code, is amended— 
(1) by striking ‘‘shall’’ and inserting ‘‘or con-
spires to use, carry, or possess a firearm during and 
in relation to any such crime shall, for each instance 
in which the firearm is so used, carried, or pos-
sessed’’; 
(2) in clause (i)— 
(A) by striking ‘‘5 years’’ and inserting ‘‘7 
years’’; and 
(B) by adding ‘‘or’’ at the end; 
(3) by striking clause (ii); and 
(4) by redesignating clause (iii) as clause (ii). 
VerDate Aug 31 2005 
23:48 Mar 29, 2007
Jkt 059200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H1692.IH
H1692
ccoleman on PROD1PC60 with BILLS
114 
(b) CONFORMING AMENDMENTS.—Section 924 of 
title 18, United States Code, is amended— 
(1) in subsection (c)— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraph (5) as 
paragraph (4); and 
(2) by striking subsection (o). 
SEC. 323. POSSESSION OF FIREARMS BY DANGEROUS FEL-
ONS. 
(a) IN GENERAL.—Section 924(e)(1) of title 18, 
United States Code, is amended to read as follows: 
‘‘(e)(1)(A) Whoever violates section 922(g), pre-
viously having been convicted by any court of a violent 
felony or a serious drug offense— 
‘‘(i) if the person has 1 such prior convic-
tion, and not more than 10 years has elapsed 
since the date of that prior conviction or the re-
lease of the person from imprisonment for that 
prior conviction, shall be imprisoned not more 
than 15 years, fined under this title, or both; 
‘‘(ii) if the person has 2 such prior convic-
tions, committed on occasions different from 
one another, of any combination of such crimes 
and not more than 10 years has elapsed since 
the date of either of the prior convictions or of 
VerDate Aug 31 2005 
23:48 Mar 29, 2007
Jkt 059200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H1692.IH
H1692
ccoleman on PROD1PC60 with BILLS
115 
the release of the person from imprisonment for 
either of the prior convictions, shall be impris-
oned not more than 20 years, fined under this 
title, or both; or 
‘‘(iii) if the person has 3 such prior convic-
tions, committed on occasions different from 
one another, of any combination of such crimes, 
shall be imprisoned not less than 15 years and 
fined under this title. 
‘‘(B) Notwithstanding any other provision of law, the 
court shall not suspend the sentence of, or grant a proba-
tionary sentence to, the person referred to in subpara-
graph (A) of this paragraph with respect to the conviction 
under section 922(g).’’. 
(b) AMENDMENT TO SENTENCING GUIDELINES.— 
Pursuant to its authority under section 994(p) of title 28, 
United States Code, the United States Sentencing Com-
mission shall amend the Federal Sentencing Guidelines to 
provide for an appropriate increase in the offense level for 
violations of section 922(g) of title 18, United States 
Code, in accordance with section 924(e) of such title 18, 
as amended by subsection (a) of this section. 
(c) CONFORMING AMENDMENT.—Section 922(d) of 
title 18, United States Code, is amended in the matter 
VerDate Aug 31 2005 
23:48 Mar 29, 2007
Jkt 059200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H1692.IH
H1692
ccoleman on PROD1PC60 with BILLS
116 
preceding paragraph (1) by inserting ‘‘, transfer,’’ after 
‘‘sell’’. 
Subtitle C—Crime Data 
SEC. 331. STANDARDIZATION OF CRIME REPORTING AND 
INVESTIGATION. 
(a) EXPANDING UNIFORM CRIME REPORTING.—Sec-
tion 7332(c) of the Uniform Federal Crime Reporting Act 
of 1988 (28 U.S.C. 534 note) is amended by adding at 
the end the following: 
‘‘(4) JUVENILE CRIME.—The Attorney General 
shall create a separate category in the Uniform 
Crime Reports to distinguish criminal offenses com-
mitted by juveniles. 
‘‘(5) REPORTING BY STATES AND LOCAL GOV-
ERNMENTS.— 
‘‘(A) IN GENERAL.—For each fiscal year 
beginning after the date of enactment of the 
Fighting Gangs and Empowering Youth Act of 
2007, all departments and agencies within a 
State or unit of local government which rou-
tinely investigate complaints of criminal activ-
ity, shall meet the requirements of paragraph 
(2). 
‘‘(B) INELIGIBILITY FOR FUNDS.—For any 
fiscal year beginning after the date of enact-
VerDate Aug 31 2005 
23:48 Mar 29, 2007
Jkt 059200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H1692.IH
H1692
ccoleman on PROD1PC60 with BILLS
117 
ment of the Fighting Gangs and Empowering 
Youth Act of 2007, a State or unit of local gov-
ernment that fails to comply with subparagraph 
(A) shall not be eligible to receive any of the 
funds that would otherwise be allocated for that 
fiscal year to the State or unit of local govern-
ment under subtitle A of title II of such Act. 
‘‘(C) REALLOCATION.—Amounts not allo-
cated to a State or unit of local government 
under the subtitle referred to in subparagraph 
(B) for failure to fully comply with subpara-
graph (A) shall be reallocated under that sub-
title to States and units of local government 
that have not failed to comply with such sub-
paragraph. 
‘‘(D) WAIVER.—The Attorney General 
shall waive the requirements of subparagraph 
(A) if compliance with such subparagraph by a 
State or unit of local government would be un-
constitutional under the constitution of the ap-
plicable State.’’. 
(b) NATIONAL STRATEGY FOR INVESTIGATION CO-
ORDINATION.—Section 7332 of the Uniform Federal 
Crime Reporting Act of 1988 (28 U.S.C. 534 note) is 
amended by adding at the end the following: 
VerDate Aug 31 2005 
23:48 Mar 29, 2007
Jkt 059200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H1692.IH
H1692
ccoleman on PROD1PC60 with BILLS
118 
‘‘(h) NATIONAL STRATEGY FOR INVESTIGATION CO-
ORDINATION.— 
‘‘(1) COORDINATION.—The Attorney General 
shall develop a national strategy to coordinate, con-
solidate, and standardize all investigations by Fed-
eral law enforcement agencies of crimes that are in-
cluded in the Uniform Crime Reports. 
‘‘(2) REPORT.—Not later than January 1, 
2009, the Attorney General shall submit a report to 
the President and Congress— 
‘‘(A) outlining the strategy developed 
under paragraph (1); and 
‘‘(B) describing the efforts and strategy of 
the Department of Justice in consolidating and 
standardizing data on all crimes that are in-
cluded in the Uniform Crime Reports.’’. 
SEC. 332. CONSOLIDATING AND STANDARDIZING GANG-RE-
LATED CRIME DATA. 
Section 150008 of the Violent Crime Control and law 
Enforcement Act of 1994 (42 U.S.C. 14062) is amend-
ed— 
(1) in subsection (a), by inserting ‘‘, consoli-
date, and standardize all’’ after ‘‘strategy to coordi-
nate’’; 
VerDate Aug 31 2005 
23:48 Mar 29, 2007
Jkt 059200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H1692.IH
H1692
ccoleman on PROD1PC60 with BILLS
119 
(2) in subsection (b), by striking ‘‘acquire and 
collect’’ and inserting ‘‘acquire, collect, consolidate, 
and standardize all’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) REPORT.—Not later than January 1, 2009, the 
Attorney General shall submit a report to the President 
and Congress— 
‘‘(1) outlining the strategy developed under sub-
section (a); and 
‘‘(2) describing the efforts and strategy of the 
Department of Justice in consolidating and stand-
ardizing data on national gang offenses.’’; and 
(4) in subsection (d), by striking ‘‘$1,000,000 
for fiscal year 1996’’ and inserting ‘‘$2,000,000 for 
fiscal year 2008’’. 
Æ 
VerDate Aug 31 2005 
23:48 Mar 29, 2007
Jkt 059200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6301
E:\BILLS\H1692.IH
H1692
ccoleman on PROD1PC60 with BILLS