< Back to S. 2237 (110th Congress, 2007–2009)

Text of the Crime Control and Prevention Act of 2007

This bill was introduced on October 25, 2007, in a previous session of Congress, but was not enacted. The text of the bill below is as of Oct 25, 2007 (Introduced).

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Source: GPO

II

110th CONGRESS

1st Session

S. 2237

IN THE SENATE OF THE UNITED STATES

October 25, 2007

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

A BILL

To fight crime.

1.

Short title

This Act may be cited as the Crime Control and Prevention Act of 2007.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—Supporting the first line of defense

Subtitle A—COPS Improvement Act

Sec. 1101. Short title.

Sec. 1102. COPS grant improvements.

Subtitle B—FBI Act of 2007

Sec. 1201. Short title.

Sec. 1202. Findings.

Sec. 1203. Authorization for more agents.

Subtitle C—Project to Protect America Act of 2007

Sec. 1301. Short title.

Sec. 1302. Findings.

Sec. 1303. Definitions.

Sec. 1304. Housing allowance demonstration project.

Sec. 1305. Annuity protection.

Sec. 1306. Authorization of appropriations.

Subtitle D—Drug Enforcement Special Agents Restoration Act of 2007

Sec. 1401. Short title.

Sec. 1402. Findings.

Sec. 1403. Additional DEA special agents.

Sec. 1404. Authorization of appropriations.

Subtitle E—National Commission on Law Enforcement and the Administration of Justice Act of 2007

Sec. 1501. Short title.

Sec. 1502. Findings.

Sec. 1503. Establishment of Commission.

Sec. 1504. Report to Congress.

Sec. 1505. Powers of the Commission.

Sec. 1506. Commission personnel matters.

Sec. 1507. Termination of the Commission.

Sec. 1508. Authorization of appropriations.

TITLE II—Preventing Violent Crime and Breaking the Cycle of Violence

Subtitle A—Taking Care of Children

Part I—Head Start

Sec. 2101. Head Start Act.

Part II—Child Abuse Prevention and Treatment

Sec. 2111. Child Abuse Prevention and Treatment Act.

Sec. 2112. After-school programs.

Sec. 2113. Community prevention.

Sec. 2114. Effective juvenile justice intervention programs.

Sec. 2115. Safe and healthy tribal communities.

Sec. 2116. Strengthening tribal law enforcement and courts.

Part III—Improvements to the Strengthening Abuse and Neglect Courts Act of 2000

Sec. 2131. Improvements to the Strengthening Abuse and Neglect Courts Act of 2000.

Part IV—Safe Babies Act of 2007

Sec. 2141. Short title.

Sec. 2142. Findings.

Sec. 2143. Court Teams.

Sec. 2144. Authorization of appropriations.

Subtitle B—Gang Abatement and Prevention Act of 2007

Sec. 2201. Short title.

Sec. 2202. Findings.

Part I—New Federal criminal laws needed To fight violent national, international, regional, and local gangs that affect interstate and foreign commerce

Sec. 2221. Revision and extension of penalties related to criminal street gang activity.

Part II—Violent Crime Reforms To Reduce Gang Violence

Sec. 2241. Violent crimes in aid of racketeering activity.

Sec. 2242. Murder and other violent crimes committed during and in relation to a drug trafficking crime.

Sec. 2243. Expansion of rebuttable presumption against release of persons charged with firearms offenses.

Sec. 2244. Statute of limitations for violent crime.

Sec. 2245. Study of hearsay exception for forfeiture by wrongdoing.

Sec. 2246. Possession of firearms by dangerous felons.

Sec. 2247. Conforming amendment.

Sec. 2248. Amendments relating to violent crime.

Sec. 2249. Publicity campaign about new criminal penalties.

Sec. 2250. Statute of limitations for terrorism offenses.

Sec. 2251. Crimes committed in Indian country or exclusive Federal jurisdiction as racketeering predicates.

Sec. 2252. Predicate crimes for authorization of interception of wire, oral, and electronic communications.

Sec. 2253. Clarification of Hobbs Act.

Sec. 2254. Interstate tampering with or retaliation against a witness, victim, or informant in a State criminal proceeding.

Sec. 2255. Amendment of sentencing guidelines.

Part III—Increased Federal Resources To Deter and Prevent Seriously At-Risk Youth From Joining Illegal Street Gangs and for Other Purposes

Sec. 2261. Designation of and assistance for high intensity gang activity areas.

Sec. 2262. Gang prevention grants.

Sec. 2263. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs.

Sec. 2264. Additional resources needed by the Federal Bureau of Investigation to investigate and prosecute violent criminal street gangs.

Sec. 2265. Grants to prosecutors and law enforcement to combat violent crime.

Sec. 2266. Expansion and reauthorization of the Mentoring Initiative for system involved youth.

Sec. 2267. Demonstration grants to encourage creative approaches to gang activity and after-school programs.

Sec. 2268. Short-Term State Witness Protection Section.

Sec. 2269. Witness protection services.

Sec. 2270. Expansion of Federal witness relocation and protection program.

Sec. 2271. Family abduction prevention grant program.

Sec. 2272. Study on adolescent development and sentences in the Federal system.

Sec. 2273. National youth anti-heroin media campaign.

Sec. 2274. Training at the National Advocacy Center.

Part IV—Crime Prevention and Intervention Strategies

Sec. 2281. Short title.

Sec. 2282. Purposes.

Sec. 2283. Definitions.

Sec. 2284. National Commission on Public Safety Through Crime Prevention.

Sec. 2285. Innovative crime prevention and intervention strategy grants.

Subtitle C—School Safety and Student Protection Act of 2007

Sec. 2301. Short title.

Sec. 2302. Bullying prevention policies, programs, and statistics.

Subtitle D—Civic Justice Corps Demonstration Act of 2007

Sec. 2401. Short title.

Sec. 2402. Purpose.

Sec. 2403. Definitions.

Sec. 2404. Grants authorized.

Sec. 2405. Application process.

Sec. 2406. Reports and evaluation.

Sec. 2407. Best practices.

Sec. 2408. Authorization of appropriations.

Subtitle E—National Domestic Violence Volunteer Attorney Network Act

Sec. 2501. Short title.

Sec. 2502. Definitions.

Sec. 2503. National domestic violence volunteer attorney network.

Sec. 2504. Domestic violence volunteer attorney referral program.

Sec. 2505. Technical assistance for the national domestic violence volunteer attorney network.

Sec. 2506. National domestic violence hotline legal referrals.

Sec. 2507. Study of legal representation of domestic violence victims.

Sec. 2508. Establish a domestic violence legal advisory task force.

Subtitle F—Juvenile Delinquency Court Improvement

Sec. 2601. Juvenile Delinquency Court Improvement Act.

Sec. 2602. The Juvenile Delinquency Judicial Training and Technical Assistance Act.

Sec. 2603. The Juvenile and Family Court Training, Technical Assistance, and Data Collection Act.

Sec. 2604. Model Courts Enhancements Act.

Subtitle G—Improving Assistance to Domestic and Sexual Violence Victims Act of 2007

Sec. 2701. Short title.

Sec. 2702. Definitions and universal grant conditions.

Sec. 2703. Criminal justice.

Sec. 2704. Families.

Sec. 2705. Housing.

Sec. 2706. Economic security.

Sec. 2707. Tribal issues.

Sec. 2708. Polygraph procedures.

Sec. 2709. Sexual assault nurse examiners.

TITLE III—Protecting communities by reducing recidivism

Subtitle A—Enhanced Second Chance Act of 2007

Sec. 3101. Short title.

Sec. 3102. Finding.

Sec. 3103. Reauthorization of adult and juvenile offender State and local reentry demonstration projects.

Sec. 3104. Task force on Federal programs and activities relating to reentry of offenders.

Sec. 3105. Offender reentry research.

Sec. 3106. Children of incarcerated parents and families.

Sec. 3107. Encouragement of employment of former prisoners.

Sec. 3108. Federal resource center for children of prisoners.

Sec. 3109. Elimination of age requirement for relative caregiver under national family caregiver support program.

Sec. 3110. Clarification of authority to place prisoner in community corrections.

Sec. 3111. Use of violent offender truth-in-sentencing grant funding for demonstration project activities.

Sec. 3112. Grants to study parole or post incarceration supervision violations and revocations.

Sec. 3113. Reauthorization of residential substance abuse treatment for State prisoners program.

Sec. 3114. Reauthorization of substance abuse treatment program under title 18.

Sec. 3115. Removal of limitation on amount of funds available for corrections education programs under the Adult Education and Family Literacy Act.

Sec. 3116. Mentoring grants to community-based organizations.

Sec. 3117. Group homes for recovering substance abusers.

Sec. 3118. Improved reentry procedures for Federal prisoners.

Sec. 3119. Family unification in public housing.

Subtitle B—Commission To Study Alternatives to Incarceration of Non-Violent Mentally Ill Offenders Act of 2007

Sec. 3201. Short title.

Sec. 3202. Findings.

Sec. 3203. National commission on inmates with mental illness.

Sec. 3204. Reporting.

Sec. 3205. Powers of the Commission.

Sec. 3206. Commission personnel matters.

Sec. 3207. Termination of the Commission.

Sec. 3208. Authorization of appropriations.

TITLE IV—Protecting children

Subtitle A—Combating Child Exploitation Act of 2007

Sec. 4101. Short title.

Sec. 4102. Findings.

Sec. 4103. Definitions.

Part I—Special Counsel for Child Exploitation Prevention and Interdiction

Sec. 4111. Establishment of Special Counsel for Child Exploitation Prevention and Interdiction.

Sec. 4112. Establishment of ICAC Task Force Program.

Sec. 4113. Purpose of ICAC Task Forces.

Sec. 4114. Duties and functions of Task Forces.

Sec. 4115. National ICAC Data Network Center.

Sec. 4116. ICAC grant program.

Sec. 4117. Authorization of appropriations.

Part II—Additional measures To combat child exploitation

Sec. 4121. Additional regional computer forensic labs.

Sec. 4122. Enhanced authority to investigate Internet crimes against children.

Sec. 4123. Additional field agents for the FBI.

Sec. 4124. Immigrations and customs enforcement enhancement.

Sec. 4125. Combating trafficking via the United States Postal Service.

Sec. 4126. Accountability provisions for child exploitation prevention and interdiction.

Sec. 4127. Truth in sentencing report.

Subtitle B—Violence Against Children Act of 2007

Sec. 4201. Short title.

Sec. 4202. Findings.

Part I—Enhanced Federal role in crimes against children

Sec. 4211. Enhanced penalties.

Sec. 4212. Enhanced assistance for criminal investigations and prosecutions by State and local law enforcement officials.

Part II—Grant programs

Sec. 4221. Federal assistance to State and local law enforcement.

Sec. 4222. Education, prevention, and victims’ assistance grants.

Part III—Nationwide programs

Sec. 4231. Improved statistical gathering.

Sec. 4232. National safe haven.

Sec. 4233. Improved child protection services programs.

Sec. 4234. Model training and caseload standards.

Part IV—Mynisha's Law

Sec. 4241. Short title.

Sec. 4242. Federal coordination and assistance in preventing gang violence.

Sec. 4243. Designation as a High Intensity Interstate Gang Area.

Sec. 4244. Purpose of the Task Force.

Sec. 4245. Authorization of appropriations.

Part V—School Safety Enhancements

Sec. 4251. Grant program for school security.

Sec. 4252. Applications.

Sec. 4253. Authorization of appropriations.

TITLE V—Drug control, prevention and treatment

Subtitle A—Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007

Sec. 5101. Short title.

Sec. 5102. Cocaine sentencing disparity elimination.

Sec. 5103. Elimination of mandatory minimum for simple possession.

Sec. 5104. Increased emphasis on certain aggravating and mitigating factors.

Sec. 5105. Offender drug treatment incentive grants.

Sec. 5106. Grants for demonstration programs to reduce drug use substance abusers.

Sec. 5107. Emergency authority for United States sentencing commission.

Sec. 5108. Increased penalties for major drug traffickers.

Sec. 5109. Authorization of appropriations and required report.

Sec. 5110. Effective date.

Subtitle B—Dextromethorphan Abuse Reduction Act of 2007

Sec. 5201. Short title.

Sec. 5202. Findings.

Sec. 5203. Dextromethorphan.

Subtitle C—Recognizing Addiction as a Disease Act of 2007

Sec. 5301. Short title.

Sec. 5302. Findings.

Sec. 5303. Name change.

Subtitle D—Children of Addicted Parents of 2007

Sec. 5401. Short title.

Sec. 5402. Findings.

Sec. 5403. Definitions.

Sec. 5404. Grant program.

Sec. 5405. Training for providers.

Sec. 5406. Authorization of appropriations.

Subtitle E—Online Pharmacy Bill

Sec. 5501. Short title.

Sec. 5502. Requirement of a valid prescription for controlled substances dispensed by means of the Internet.

Sec. 5503. Amendments to the Controlled Substances Act relating to the delivery of controlled substances by means of the Internet.

Subtitle F—Local Drug Crisis Enhancement Grants Act

Sec. 5601. Short title.

Sec. 5602. Grants.

Subtitle G—Extraterritorial Controlled Substance Trafficking Venue Clarification Act of 2007

Sec. 5701. Short title.

Sec. 5702. Findings.

Sec. 5703. Additional basis of venue for extraterritorial trafficking in controlled substances.

Sec. 5704. Effective date.

Subtitle H—Methamphetamine Production Prevention Act of 2007

Sec. 5801. Short title.

Sec. 5802. Findings.

Sec. 5803. Definitions.

Sec. 5804. Authorization for Effective Methamphetamine Precursor Electronic Logbook Systems.

Sec. 5805. Grants for Methamphetamine Precursor Electronic Logbook Systems.

Sec. 5806. Study.

Sec. 5807. Authorization of appropriations.

Subtitle I—PACT Act

Sec. 5901. Short title.

Sec. 5902. Purpose.

Sec. 5903. Authorization of program.

Sec. 5904. Use of funds.

Sec. 5905. Authorization of appropriations.

TITLE VI—Preventing illegal trafficking of firearms

Subtitle A—Firearms Background Check Enhancement Act of 2007

Sec. 6101. Short title.

Sec. 6102. Findings.

Sec. 6103. Extension of brady background checks to gun shows.

Subtitle B—Assault Weapons Ban Renewal Act of 2007

Sec. 6201. Short title.

Sec. 6202. Restriction on manufacture, transfer, and possession of certain semiautomatic assault weapons.

Sec. 6203. Ban of large capacity ammunition feeding devices.

Sec. 6204. Study by Attorney General.

Sec. 6205. Effective date.

Sec. 6206. Appendix A to section 922 of title 18.

Appendix A.

TITLE VII—Technology and Crimes

Subtitle A—Forensics Grants Improvement Act of 2007

Sec. 7101. Short title.

Sec. 7102. Authorization.

Sec. 7103. Elimination of backlog.

Sec. 7104. Allocation.

Sec. 7105. Use of funds for other forensic sciences.

Subtitle B—Grant Program for Export of FBI DNA Software

Sec. 7201. Program.

Sec. 7202. Authorization of appropriations.

Subtitle C—Cyber Security Act of 2007

Sec. 7301. Short title.

Sec. 7302. Conspiracy to commit cyber crimes.

Sec. 7303. Fixing loopholes with cyber extortion.

Sec. 7304. Damage to protected computers.

Sec. 7305. RICO predicates.

Sec. 7306. Use of full interstate and foreign commerce power for criminal penalties.

Sec. 7307. Civil forfeiture for section 1030 violations.

Sec. 7308. Directive to sentencing commission.

Sec. 7309. Additional funding for resources to investigate and prosecute criminal activity involving computers.

Subtitle D—Protecting Electronic Voting Act of 2007

Sec. 7401. Short title.

Sec. 7402. Findings.

Sec. 7403. Protecting computers used by candidates for Federal office and political parties.

Sec. 7404. Protecting computers used in administering elections.

TITLE VIII—Intellectual property

Sec. 8001. Short title.

Sec. 8002. Registration in civil infringement actions.

Sec. 8003. Civil remedies for infringement.

Sec. 8004. Criminal infringement.

Sec. 8005. Importation and exportation.

Sec. 8006. Digital Millennium Copyright Act.

Sec. 8007. Forfeiture under Economic Espionage Act.

Sec. 8008. Trafficking in counterfeit labels.

Sec. 8009. Criminal infringement of a copyright.

Sec. 8010. Unauthorized fixation and trafficking.

Sec. 8011. Unauthorized recording of motion pictures.

Sec. 8012. Trafficking in counterfeit goods or services.

Sec. 8013. Interception of wire, oral, or electronic communications.

TITLE IX—Crime victims

Subtitle A—Crime Victims with Disabilities Act of 2007

Sec. 9101. Short title.

Sec. 9102. Findings.

Sec. 9103. Purpose.

Sec. 9104. Department of Justice Crime Victims With Disabilities Collaboration Program.

Sec. 9105. Research grant and report.

Subtitle B—Restitution for Victims of Crime Act of 2007

Sec. 9201. Short title.

Part I—Collection of restitution

Sec. 9211. Short title.

Sec. 9212. Procedure for issuance and enforcement of restitution.

Sec. 9213. Imposition of criminal fines and payment directions.

Sec. 9214. Collection of unpaid fines or restitution.

Sec. 9215. Attorney's fees for victims.

Part II—Preservation of assets for restitution

Sec. 9221. Short title.

Sec. 9222. Amendments to the Mandatory Victims Restitution Act.

Sec. 9223. Amendments to the anti-fraud injunction statute.

Sec. 9224. Amendments to the Federal Debt Collection Procedures Act.

Part III—Environmental crimes restitution

Sec. 9231. Short title.

Sec. 9232. Immediate availability of restitution to victims of environmental crimes.

TITLE X—Miscellaneous

Subtitle A—Continuity of Justice Act of 2007

Sec. 10101. Short title.

Sec. 10102. Findings.

Sec. 10103. Definitions.

Sec. 10104. Grants to courts.

Subtitle B—Homeland Security Trust Fund Act of 2007

Sec. 10201. Short title.

Sec. 10202. Findings.

Sec. 10203. Definitions.

Sec. 10204. Homeland Security and Neighborhood Safety Trust Fund.

Sec. 10205. Preventing terror attacks on the homeland.

Sec. 10206. Authorization of Appropriations for Additional Activities for Homeland Security.

Sec. 10207. Homeland Security Spending Advisory Board.

Subtitle C—Commercial Equipment Direct Assistance Program Act of 2007

Sec. 10301. Short title.

Sec. 10302. Commercial Equipment Direct Assistance Program.

I

Supporting the first line of defense

A

COPS Improvement Act

1101.

Short title

This subtitle may be cited as the COPS Improvements Act of 2007.

1102.

COPS grant improvements

(a)

In general

Section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended—

(1)

by amending subsection (a) to read as follows:

(a)

Grant authorization

The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, multijurisdictional or regional consortia, and individuals for the purposes described in subsections (b), (c), (d), and (e).

;

(2)

in subsection (b)—

(A)

by striking the subsection heading text and inserting Community policing and crime prevention grants;

(B)

in paragraph (3), by striking , to increase the number of officers deployed in community-oriented policing;

(C)

in paragraph (4), by inserting or train after pay for;

(D)

by inserting after paragraph (4) the following:

(5)

award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems in and around elementary and secondary schools;

;

(E)

by striking paragraph (9);

(F)

by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively;

(G)

by striking paragraph (13);

(H)

by redesignating paragraphs (14) through (17) as paragraphs (12) through (15), respectively;

(I)

in paragraph (14), as so redesignated, by striking and at the end;

(J)

in paragraph (15), as so redesignated, by striking the period at the end and inserting a semicolon; and

(K)

by adding at the end the following:

(16)

establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of methamphetamine; and

(17)

award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, as warranted.

;

(3)

by striking subsection (c);

(4)

by striking subsections (h) and (i);

(5)

by redesignating subsections (d) through (g) as subsections (f) through (i), respectively;

(6)

by inserting after subsection (b) the following:

(c)

Troops-to-cops programs

(1)

In general

Grants made under subsection (a) may be used to hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community-oriented policing, particularly in communities that are adversely affected by a recent military base closing.

(2)

Definition

In this subsection, former member of the Armed Forces means a member of the Armed Forces of the United States who is involuntarily separated from the Armed Forces within the meaning of section 1141 of title 10, United States Code.

(d)

Community prosecutors program

The Attorney General may make grants under subsection (a) to pay for additional community prosecuting programs, including programs that assign prosecutors to—

(1)

handle cases from specific geographic areas; and

(2)

address counter-terrorism problems, specific violent crime problems (including intensive illegal gang, gun, and drug enforcement and quality of life initiatives), and localized violent and other crime problems based on needs identified by local law enforcement agencies, community organizations, and others.

(e)

Technology grants

The Attorney General may make grants under subsection (a) to develop and use new technologies (including interoperable communications technologies, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies.

;

(7)

in subsection (f), as so redesignated—

(A)

in paragraph (1), by striking to States, units of local government, Indian tribal governments, and to other public and private entities,;

(B)

in paragraph (2), by striking define for State and local governments, and other public and private entities, and inserting establish;

(C)

in the first sentence of paragraph (3), by inserting (including regional community policing institutes) after training centers or facilities; and

(D)

by adding at the end the following:

(4)

Exclusivity

The Office of Community Oriented Policing Services shall be the exclusive component of the Department of Justice to perform the functions and activities specified in this paragraph.

;

(8)

in subsection (g), as so redesignated, by striking may utilize any component, and all that follows and inserting shall use the Office of Community Oriented Policing Services of the Department of Justice in carrying out this part.;

(9)

in subsection (h), as so redesignated—

(A)

by striking subsection (a) the first place that term appears and inserting paragraphs (1) and (2) of subsection (b); and

(B)

by striking in each fiscal year pursuant to subsection (a) and inserting in each fiscal year for purposes described in paragraph (1) and (2) of subsection (b);

(10)

in subsection (i), as so redesignated, by striking the second sentence; and

(11)

by adding at the end the following:

(j)

Retention of additional officer positions

For any grant under paragraph (1) or (2) of subsection (b) for hiring or rehiring career law enforcement officers, a grant recipient shall retain each additional law enforcement officer position created under that grant for not less than 12 months after the end of the period of that grant, unless the Attorney General waives, wholly or in part, the retention requirement of a program, project, or activity.

.

(b)

Applications

Section 1702 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–1) is amended—

(1)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by inserting , unless waived by the Attorney General after under this part shall;

(B)

by striking paragraph (8); and

(C)

by redesignating paragraphs (9) through (11) as paragraphs (8) through (10), respectively; and

(2)

by striking subsection (d).

(c)

Renewal of grants

Section 1703 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–2) is amended to read as follows:

1703.

Renewal of grants

(a)

In general

A grant made under this part may be renewed, without limitations on the duration of such renewal, to provide additional funds, if the Attorney General determines that the funds made available to the recipient were used in a manner required under an approved application and if the recipient can demonstrate significant progress in achieving the objectives of the initial application.

(b)

No cost extensions

Notwithstanding subsection (a), the Attorney General may extend a grant period, without limitations as to the duration of such extension, to provide additional time to complete the objectives of the initial grant award.

.

(d)

Limitation on use of funds

Section 1704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–3) is amended—

(1)

in subsection (a), by striking that would, in the absence of Federal funds received under this part, be made available from State or local sources and inserting that the Attorney General determines would, in the absence of Federal funds received under this part, be made available for the purpose of the grant under this part from State or local sources; and

(2)

by striking subsection (c).

(e)

Enforcement Actions

(1)

In general

Section 1706 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–5) is amended—

(A)

in the section heading, by striking Revocation or suspension of funding and inserting Enforcement actions; and

(B)

by striking revoke or suspend and all that follows and inserting take any enforcement action available to the Department of Justice..

(2)

Technical and conforming amendment

The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711) is amended by striking the item relating to section 1706 and inserting the following:

Sec. 1706. Enforcement actions.

.

(f)

Definitions

Section 1709(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd–8(1)) is amended—

(1)

by inserting who is a sworn law enforcement officer after permanent basis; and

(2)

by inserting , including officers for the Amtrak Police Department before the period at the end.

(g)

Authorization of appropriations

Section 1001(11) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(11)) is amended—

(1)

in subparagraph (A), by striking $1,047,119,000 and all that follows and inserting $1,150,000,000 for each of fiscal years 2007 through 2012.; and

(2)

in subparagraph (B)—

(A)

in the first sentence, by striking 3 percent and inserting 5 percent; and

(B)

by striking the second sentence and inserting the following: Of the funds available for grants under part Q, not less than $600,000,000 shall be used for grants for the purposes specified in section 1701(b), not more than $200,000,000 shall be used for grants under section 1701(d), and not more than $350,000,000 shall be used for grants under section 1701(e)..

(h)

Purposes

Section 10002 of the Public Safety Partnership and Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended—

(1)

in paragraph (4), by striking development and inserting use; and

(2)

in the matter following paragraph (4), by striking for a period of 6 years.

(i)

COPS Program improvements

(1)

In general

Section 109(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is amended—

(A)

by striking paragraph (1);

(B)

by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and

(C)

in paragraph (2), as so redesignated, by inserting , except for the program under part Q of this title before the period.

(2)

Law enforcement computer systems

Section 107 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712f) is amended by adding at the end the following:

(c)

Exception

This section shall not apply to any grant made under part Q of this title.

.

B

FBI Act of 2007

1201.

Short title

This subtitle be cited as the Full-strength Bureau Initiative Act of 2007 or the FBI Act of 2007.

1202.

Findings

Congress finds the following:

(1)

Throughout its history, the FBI has been an integral part of anticrime investigatory efforts in the United States.

(2)

Since September 11, 2001, the FBI has lost substantial capacity and willingness to fight violent crime.

(3)

The FBI has reduced the goal of combating crime to number 8 of its top 10 priorities.

(4)

To meet its primary goal of combating terrorism, the FBI has reprogrammed nearly 1,000 agents from crime to counterterrorism cases since September 11, 2001.

(5)

While this reprogramming of agents to counterterrorism is necessary and proper, it has had the unintended consequence of precluding the FBI from adequately and satisfactorily discharging its traditional anticrime efforts.

(6)

The FBI’s shift to counterterrorism has reduced the Bureau’s involvement in traditional crime investigations, including—

(A)

fewer agents to the successful High Intensity Drug Trafficking Area (HIDTA) task forces;

(B)

fewer violent crime cases, as the Bureau has reduced the number of agents committed to Federal-State-local task forces like Safe Streets and Violent Crime Task Forces; and

(C)

fewer agents handling bank robbery and white collar crimes, which involve technical areas of investigative expertise that State and locals often lack.

(7)

In testimony before the Committee on the Judiciary of the Senate, FBI Director Bob Mueller stated that the shortfall of agents has required difficult choices in determining how to most effectively use the available agents.

(8)

This reprogramming has occurred at the same time that Federal assistance for State and local law enforcement has been decimated, including the elimination of the Office of Community Oriented Policing Services hiring program and substantial cuts to the Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).

(9)

Local police officials have decried this approach, and the results are becoming apparent, with the largest crime increase in 15 years according the 2005 Uniform Crime Reports.

(10)

The preliminary Uniform Crime Reports for 2006, reported in December, have shown further increases in violent crime across the Nation.

(11)

The FBI’s traditional anticrime investigations complement and assist investigations by State and local law enforcement around the country.

(12)

Through task forces and other more informal assistance, the FBI over the years has brought an invaluable expertise and resources to help state and local law enforcement in combating traditional criminal enterprises.

(13)

Even when factoring in assistance local law enforcement has received from the Department of Homeland Security, the International Association of Chiefs of Police has stated, “combined, the proposed FY 2006 funding level for DoJ/DHS law enforcement assistance programs is $2.158 B. This is a reduction of $1.467 B or 40% from the combined FY 2005 level of $3.625 B. It represents a decrease in $2.55 B or 54% from FY2004.”.

(14)

The FBI has the ability and the mandate to focus both on countering terrorists plots and fighting traditional crime.

(15)

There does not need to be a trade-off between crime and terrorism, but this can only happen if the FBI is given the manpower to be able to do both.

1203.

Authorization for more agents

There are authorized to be appropriated $160,000,000 for each of the fiscal years 2008 through 2012 to fund 1,000 Federal Bureau of Investigations field agents in addition to the number of Federal Bureau of Investigations field agents serving on the date of enactment of this Act.

C

Project to Protect America Act of 2007

1301.

Short title

This subtitle may be cited as the Project to Protect America Act of 2007.

1302.

Findings

The Congress finds that—

(1)

the system of compensation for Federal law enforcement officers (in this section referred to as FLEOs) must be reformed in order to deal with recruitment, retention, and morale problems associated with assignments to high-cost areas;

(2)

as the Office of Personnel Management has confirmed, limitations on premium pay are contributing to the pay compression problem that, in turn, may be undermining the efficacy of incentives designed to encourage FLEOs to assume greater supervisory and managerial duties;

(3)

the security of the Nation, as the report of the National Commission on Terrorist Attacks Upon the United States confirmed, depends on effective Federal law enforcement, which is particularly true of large metropolitan areas that should be staffed with FLEOs who are fairly compensated for their services;

(4)

the combination of rising living costs and lagging compensation threatens to worsen the significant recruitment and retention problems already facing FLEOs;

(5)

the problems described in paragraph (4) are especially serious among law enforcement officers of the Federal Bureau of Investigation, who—

(A)

are recruited and subject to assignment nationwide and, upon assignment, are expected to adjust rapidly; and

(B)

particularly in the case of those assigned to high-cost areas, often experience significant difficulties in finding adequate and affordable housing;

(6)

the Office of Personnel Management should experiment with innovative approaches to address compensation problems in the Federal workforce and, in the case of FLEOs, should look to the Department of Defense as a model for providing a reasonable housing allowance to assist those assigned to high-cost areas; and

(7)

as the Federal Bureau of Investigation implements policies aimed at limiting the tenure of Supervisory Special Agents, the need to retain skilled agents requires that retirement benefits be protected from the adverse consequences of such personnel policies.

1303.

Definitions

In this subtitle:

(1)

Area

The term area means a metropolitan statistical area within the continental United States.

(2)

Continental United States

The term continental United States means the several States of the United States and the District of Columbia, but does not include Alaska or Hawaii.

(3)

Covered Special Agent

The term covered Special Agent means an individual who—

(A)

was a Special Agent of the Federal Bureau of Investigation;

(B)

had completed not less than 3 years in field supervisory positions as of June 3, 2004;

(C)

was transferred to a position at a lower pay grade because that individual chose not to accept a transfer to an equivalent or higher position within the Federal Bureau of Investigation under the Field Office Supervisory Term Limit Policy issued on June 3, 2004; and

(D)

on or after June 3, 2004, is not reduced in pay grade or removed for performance or misconduct reasons.

(4)

Demonstration project

The term demonstration project means the demonstration project established under section 1304(a).

(5)

Director

The term Director means the Director of the Office of Personnel Management.

(6)

Employee

The term employee has the meaning given that term in section 2105 of title 5, United States Code.

(7)

Eligible employee

The term eligible employee

(A)

means an employee who holds a position—

(i)

that is in or under the Federal Bureau of Investigation;

(ii)

that—

(I)

is classified under chapter 51 of title 5, United States Code, as a GS–1811 position; or

(II)

if the GS–1811 classification is redesignated or abolished or the requirements for the GS–1811 classification are modified after the date of enactment of this Act, meets the qualification requirements for the GS–1811 classification as in effect—

(aa)

on the date that assistance is to be provided under the demonstration project; or

(bb)

on such date of enactment; and

(iii)

in a high-cost area; and

(B)

does not include an employee who is serving on a temporary basis or a part-time career employment basis (as that term is defined in section 3401 of title 5, United States Code) or who is a reemployed annuitant under section 8344 or 8468 of title 5, United States Code.

(8)

High-cost area

The term high-cost area means an area designated by the Director under section 1304(b)(1)(A).

(9)

Housing cost differential

The term housing cost differential means the difference in dollars between the monthly housing costs for an area and the monthly housing costs for the continental United States, as described in section 1304(b)(1)(A)(i).

(10)

Management official

The term management official has the meaning given that term in section 7103 of title 5, United States Code.

1304.

Housing allowance demonstration project

(a)

Establishment

The Director shall establish a demonstration project under which eligible employees will be paid a basic housing allowance.

(b)

Identification of high-cost areas

(1)

Criteria

(A)

In general

The Director shall designate an area as a high-cost area for a fiscal year if, during the most recent calendar year ending before the start of such fiscal year—

(i)

the average monthly housing costs for that area exceeded the average monthly housing costs for the continental United States by not less than 10 percent; or

(ii)

that area was 1 of the 10 areas within the continental United States having the highest cost of living (identified in such manner as the Director shall determine) and for which average monthly housing costs exceeded the average monthly housing costs for the continental United States.

(B)

Same differential computation rule applies

The Director shall determine the housing cost differential for any area identified under subparagraph (A)(ii) in the same manner as described in subparagraph (A)(i).

(2)

Annual determinations

The Director shall identify high-cost areas for each fiscal year in which the Director carries out the demonstration project.

(3)

Costs of adequate housing

The determination of monthly housing costs under this subsection by the Director shall be based on the costs of renting adequate housing typically borne by individuals residing within the area involved who have income levels comparable to those of eligible employees within the same area (taking into account, with respect to eligible employees, only amounts payable to such employees under title 5, United States Code).

(c)

Basic housing allowance

(1)

In general

The Director shall establish a basic housing allowance payable to each eligible employee employed in a high-cost area for each fiscal year in which the Director carries out the demonstration project.

(2)

Amount

The amount of the basic housing allowance for each high-cost area shall be equal to such amount as the Director shall determine, except that—

(A)

determinations under this paragraph shall be made in a manner consistent with section 403(b) of title 37, United States Code (relating to basic allowance for housing for members of the uniformed services); and

(B)

in no event may any such amount be less than the housing cost differential determined under subsection (b)(1)(A) for the area and fiscal year involved.

(3)

Manner of payment

A basic housing allowance shall be payable at the same time and in the same manner as basic pay.

(4)

Nonreduction rule

The basic housing allowance payable to an individual who continuously remains an eligible employee within the same high-cost area may not be reduced by reason of any fluctuations in housing costs.

(5)

Rule of construction

Nothing in this subtitle may be construed to permit or require any reduction in basic pay by reason of the eligibility of an employee for or receipt of a basic housing allowance.

(d)

Applicability of provisions governing demonstration projects generally

The demonstration project shall be conducted in accordance with section 4703 of title 5, United States Code, except that such project shall not—

(1)

be subject to the provisions of subsection (d)(1) of that section; and

(2)

be considered in applying subsection (d)(2) of that section.

(e)

Duration

The demonstration project—

(1)

shall be conducted during the 5-year period beginning on the first day of the first fiscal year beginning not less than 30 days after the date of enactment of this Act; and

(2)

may, subject to the availability of appropriations, be extended by the Director for 1 or more additional 12-month periods after the end of the 5-year period described in paragraph (1).

(f)

Reporting requirement

(1)

In general

Not later than 90 days after the date on which the demonstration project terminates, the Director shall submit to Congress a report on the demonstration project.

(2)

Contents

The report submitted under paragraph (1) shall—

(A)

specifically address the effect of the housing allowance on employee retention, recruitment, and morale;

(B)

be based on appropriate data and comments received from management officials, employees, and other interested persons (including professional associations representing employees); and

(C)

include recommendations for any legislation that the Director considers appropriate.

1305.

Annuity protection

For any covered Special Agent, the average pay for that individual, for purposes of section 8331(4) or 8401(3) of title 5, United States Code, as applicable, shall be the greater of—

(1)

the average pay for that individual under the applicable section; or

(2)

the amount to which that individual would have been entitled under the applicable section had that individual remained in the field supervisory position at the same grade and step until the date of the retirement of that individual.

1306.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subtitle.

D

Drug Enforcement Special Agents Restoration Act of 2007

1401.

Short title

This subtitle may be cited as the Drug Enforcement Special Agents Restoration Act of 2007.

1402.

Findings

Congress finds that—

(1)

there is currently in place a hiring freeze at the Drug Enforcement Administration (referred to in this subtitle as the DEA) that has no set end date;

(2)

the DEA is losing approximately 160 agents each year due to attrition;

(3)

fewer drug agents in the field inevitably lead to fewer drug-related arrests and seizures, and decreased resources allow drug trafficking organizations to operate more freely;

(4)

drug trafficking money is used to fund terrorist activities; and

(5)

the President’s fiscal year 2008 budget request under funds the DEA and does nothing to alleviate the agency’s hiring freeze.

1403.

Additional DEA special agents

(a)

In general

There are authorized to be funded and hired 500 DEA special agents and 400 support personnel, as set forth in subsection (b), to permit the agents to carry out their duties as provided in subsection (b).

(b)

Allocation

The agents and support personnel authorized by subsection (a) shall be allocated as follows:

(1)

400 special agents, including 50 Demand Reduction Coordinators, assigned domestically with an additional 250 authorized positions as domestic support staff to include intelligence analysts, chemists, informational technology specialists, program analysts, and technical and clerical experts.

(2)

100 special agents assigned internationally with an additional 150 authorized positions as foreign support staff to include intelligence analysts, program analyst, and technical and clerical experts.

1404.

Authorization of appropriations

There are authorized to be appropriated to hire additional agents and personnel as provided in this subtitle—

(1)

$200,000,000 for fiscal year 2008;

(2)

$210,000,000 for fiscal year 2009; and

(3)

$220,000,000 for fiscal year 2010.

E

National Commission on Law Enforcement and the Administration of Justice Act of 2007

1501.

Short title

This subtitle may be cited as the National Commission on Law Enforcement and the Administration of Justice Act of 2007.

1502.

Findings

Congress finds the following:

(1)

Since the attacks of September 11, 2001, local law enforcement agencies have been required to undertake new and different duties.

(2)

These changes have required Federal, State, and local law enforcement agencies to reexamine and redefine how they work to combat terrorism by establishing new procedures for—

(A)

collecting, analyzing, and sharing intelligence;

(B)

how such agencies work together and with the private sector to protect critical infrastructure; and

(C)

how to balance the protection of civil liberties and the prevention of terrorism attacks.

(3)

The law enforcement community is still addressing ongoing concerns related to the criminal justice system.

(4)

As a result of high-profile incidents involving use of force, allegations of racial profiling, corruption, and instances of unethical behavior by police officers and executives, many people in the United States believe that these problems are widespread and deeply rooted.

(5)

The concerns of people in the United States encompass not only law enforcement agencies, but all the participants in the criminal justice system, including the courts, prosecutors, and corrections and probation officials.

(6)

For all of the components of the criminal justice system to perform in an effective manner that ensures justice and leads to orderly and peaceful communities, there must exist a trusting and confident relationship with all people in every part of the United States.

(7)

In 1965, President Lyndon B. Johnson established the Commission on Law Enforcement and Administration of Justice recognizing, as he said, the urgency of the nation’s crime problem.

(8)

The Commission on Law Enforcement and Administration of Justice labored for 18 months, producing 200 specific recommendations involving Federal, State, tribal, and local governments, civic organizations, religious institutions, business groups, and individual citizens that were intended to create a safer and more just society.

(9)

The resulting report, titled The Challenge of Crime in a Free Society, marked the beginning of a sea change in the methods for dealing with crime and the public in the United States and built the framework for many of the exemplary programs that continue today.

(10)

There have been numerous advances in policing and the administration of justice since that report, including community policing and drug courts.

(11)

It is in the interest of the Nation to establish a commission to study the role of policing in United States society, anticipate challenges in policing, and issue detailed recommendations to Congress to ensure the safety and security of the people of the United States, while advancing the civil liberties of the people of the United States and the best interests of the people who serve as Federal, State, and local law enforcement officials.

1503.

Establishment of Commission

(a)

Establishment

There is established the National Commission on Law Enforcement and the Administration of Justice (in this subtitle referred to as the Commission).

(b)

Membership

(1)

In general

Not later than 60 days the date of enactment of this Act, the Attorney General of the United States, in consultation with State and local experts in law enforcement and the administration of justice, shall appoint the members of the Commission.

(2)

Members

(A)

In general

There shall be 20 members of the Commission.

(B)

Qualifications

An individual appointed to be a member of the Commission shall have demonstrated expertise in policing, counterterrorism, intelligence sharing, court administration, prison management, prisoner reentry, drug treatment, or the protection of civil liberties.

(C)

Nonpartisan basis

The Attorney General shall appoint members of the Commission on a nonpartisan basis, with an equal number of members from each of the 2 major political parties.

(3)

Period of Appointment; Vacancies

Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers.

(4)

Initial Meeting

Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.

(5)

Meetings

The Commission shall meet at the call of the Chairperson.

(6)

Quorum

A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(7)

Chairperson and Vice Chairperson

The Commission shall select a Chairperson and Vice Chairperson from among its members.

1504.

Report to Congress

(a)

In general

Not later than 1 year after the date on which all members of the Commission have been appointed, the Commission shall submit a detailed report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

(b)

Contents

The report submitted under subsection (a) shall—

(1)

identify—

(A)

practices and procedures that have been particularly effective in policing during the period beginning on January 1, 1966 and ending on the date of enactment of this Act;

(B)

the challenges facing law enforcement, courts, prisons, and other components of the criminal justice system; and

(C)

technological advances that may lead to the improvement of the administration of justice; and

(2)

make detailed recommendations to best address the challenges identified by the Commission.

(c)

Consultation

In preparing the report submitted under subsection (a), the Commission shall—

(1)

consult with individuals and organizations working within and outside the criminal justice system; and

(2)

ensure that every effort is made to include individuals with the broadest possible perspective on the areas reviewed by the Commission and obtain input from stakeholders, including law enforcement officials, prosecutors, defense attorneys, public defenders, probation officers, judges, prison officials, prevention experts, city officials, and other experts involved in the criminal justice system.

1505.

Powers of the Commission

(a)

Hearings

The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this subtitle.

(b)

Information From Federal Agencies

The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this subtitle. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission.

(c)

Postal Services

The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(d)

Gifts

The Commission may accept, use, and dispose of gifts or donations of services or property.

1506.

Commission personnel matters

(a)

Compensation of Members

Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

(b)

Travel Expenses

The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(c)

Staff

(1)

In general

The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.

(2)

Compensation

The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

(d)

Detail of Government Employees

Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(e)

Procurement of Temporary and Intermittent Services

The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

1507.

Termination of the Commission

The Commission shall terminate 90 days after the date on which the Commission submits its report under section 1504(a).

1508.

Authorization of appropriations

There are authorized to be appropriated $3,000,000 to carry out this subtitle, to remain available until expended.

II

Preventing Violent Crime and Breaking the Cycle of Violence

A

Taking Care of Children

I

Head Start

2101.

Head Start Act

Section 639 of the Head Start Act (42 U.S.C. 9834) is amended by adding at the end the following:

(c)
(1)

In addition to the other funds authorized to be appropriated under this section, there is authorized to be appropriated $120,000,000 for each of fiscal years 2008 through 2012 to provide—

(A)

Early Head Start services under section 645A; and

(B)

Head Start services under this subchapter for children (age 3 to compulsory school attendance) whose families meet the low-income criteria of section 645(a)(1)(A).

(2)

The purpose of paragraph (1) is to increase the number of children in a safe environment who are prepared by teachers who meet the requirements of section 648A to succeed in elementary and middle school.

.

II

Child Abuse Prevention and Treatment

2111.

Child Abuse Prevention and Treatment Act

(a)

State child protective services and community-based prevention services

Section 112 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106h) is amended by adding at the end the following:

(c)

In addition to the other funds authorized to be appropriated under this section, there is authorized to be appropriated $200,000,000 for each of fiscal years 2008 through 2012 to improve the child protective services systems of the States through grants made under section 106.

.

(b)

Community based grants for the prevention of child abuse and neglect

Section 210 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116i) is amended—

(1)

by inserting (a) In general.— before There; and

(2)

by adding at the end the following:

(b)

In addition to the other funds authorized to be appropriated under this section, there is authorized to be appropriated $200,000,000 for each of fiscal years 2008 through 2012 to carry out community-based services for the prevention of child abuse and neglect through grants made under section 201(b).

.

(c)

Parent education and counseling services, family-strengthening services, and adoption services

Section 210 of the Child Abuse Prevention and Treatment Act, as amended by subsection (a)(2), is further amended by adding at the end the following:

(c)

In addition to the other funds authorized to be appropriated under this section, there is authorized to be appropriated $545,000,000 for providing parent education and counseling services and family-strengthening services, and referral to and counseling for adoption services, through grants made under section 201(b).

.

2112.

After-school programs

Section 299(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(a)) is amended by adding at the end the following:

(8)

In addition to any other amounts authorized to be appropriated by this subsection, an additional $120,000,000 is authorized to be appropriated for each of the fiscal years 2008 through 2012 for after-school programs providing a healthy mentoring and a safe environment as an alternative to juvenile crime under section 223(a)(9)(P).

.

2113.

Community prevention

Section 506 of the Incentive Grants for Local Delinquency Prevention Programs Act (42 U.S.C. 5785) is amended by—

(1)

striking To carry and inserting the following:

(a)

In general

To carry

; and

(2)

inserting at the end the following:

(b)

Community prevention

In addition to amounts authorized to be appropriated by this section, an additional $120,000,000 is authorized to be appropriated for each of the fiscal years 2008 through 2012 for programs supporting early childhood development, in-home parent coaching, after-school activities, mentoring, and tutoring programs, as well as drop-out, gang, and substance abuse prevention programs.

.

2114.

Effective juvenile justice intervention programs

Section 299(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(a)) is amended by adding at the end the following:

(9)

In addition to any other amounts authorized to be appropriated by this subsection for title II, an additional $120,000,000 is authorized to be appropriated for each of the fiscal years 2008 through 2012 for formula grants under title II.

.

2115.

Safe and healthy tribal communities

Section 1801A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee–1) is amended by adding at the end the following:

(e)

Additional authorization

In addition to any other amounts authorized to be appropriated by this title for this section, an additional $20,000,000 is authorized to be appropriated for each of the fiscal years 2008 through 2012 for grants pursuant to this section to Indian tribes for culturally appropriate programs to prevent youth crime, strengthen tribal juvenile justice, and hold tribal youth accountable.

.

2116.

Strengthening tribal law enforcement and courts

Section 201(d) of the Indian Tribal Justice Technical and Legal Assistance Act of 2000 (25 U.S.C. 3681(d)) is amended by—

(1)

striking For purposes and inserting the following:

(1)

In general

For purposes

; and

(2)

inserting at the end the following:

(2)

Tribal courts assistance program

In addition to amounts authorized to be appropriated by this subsection, an additional $20,000,000 is authorized to be appropriated for each of the fiscal years 2008 through 2012 for programs authorized by this section.

.

III

Improvements to the Strengthening Abuse and Neglect Courts Act of 2000

2131.

Improvements to the Strengthening Abuse and Neglect Courts Act of 2000

Section 6 of the Strengthening Abuse and Neglect Courts Act of 2000 (Public Law 106–314; 42 U.S.C. 670 note) is amended—

(1)

in the caption, by striking IN UNDERSERVED AREAS and inserting TO SERVE CHILDREN OVER-REPRESENTED IN FOSTER CARE;

(2)

in subsection (a)—

(A)

in paragraph (1), by inserting before the semicolon to serve children who are significantly over-represented in foster care;

(B)

by striking paragraph (2) and inserting the following:

(2)

expanding the recruitment of volunteers, particularly to serve populations of children who are significantly over-represented in foster care; and

; and

(C)

in paragraph (3), by inserting before the semicolon that serve children who are significantly over-represented in foster care;

(3)

in subsection (d), by striking $5,000,000 for the period of fiscal years 2001 and 2002 and inserting $8,000,000 for each of the fiscal years 2008 through 2011; and

(4)

by inserting at the end the following:

(e)

Nonsupplantation

Funds authorized and appropriated under this Act shall supplement, not supplant, existing funds otherwise available for court-appointed special advocate programs and activities.

.

IV

Safe Babies Act of 2007

2141.

Short title

This part may be cited as the Safe Babies Act of 2007.

2142.

Findings

The Congress finds as follows:

(1)

Children three years of age and younger have the highest rates of victimization. Infants and toddlers are twice as likely as all other children to become victims of child maltreatment. Children ages three and younger are also 32 percent more likely to be placed in foster care than children ages four to eleven. Once placed in foster care, children three years of age and younger are more likely than older children to be abused and neglected, and they tend to stay in foster care longer than older children.

(2)

Infants and toddlers are the most vulnerable to the effects of maltreatment. Research shows that young children who have experienced physical abuse have lower social competence, show less empathy for others, and have difficulty recognizing others’ emotions. They are also more likely than children who have not been maltreated to have deficits in IQ scores, language ability, and school performance.

(3)

Research shows that the human brain has achieved 80 to 85 percent of its adult size by the age of three. During those early years, the brain is developing the vast majority of its basic capacity, the development of which can determine future achievement or failure. Therefore, infants and toddlers in foster care are spending the most critical developmental period in situations that may be detrimental to healthy growth and development.

(4)

Children under the age of four account for 81 percent of child fatalities, and children under the age of one account for 45 percent of such fatalities.

(5)

Child welfare systems are not meeting the needs of the children who rely on public intervention to protect them. In the Child and Family Service Reviews for fiscal years 2003 and 2004, the Administration for Children and Families revealed that, of 19 States studied for performance on Child and Family Services Review indicators, none of the States achieved all of the specified outcomes, and all of the States failed to meet the outcome related to the provision of physical and mental health services to children in foster care.

(6)

Judges can be powerful catalysts for change in the way communities address the needs of maltreated infants and toddlers. A groundbreaking project in the Juvenile Division of the Eleventh Judicial Circuit of Florida has combined the leadership of a family court judge with expertise in early childhood development. This ground breaking collaboration is ensuring that infants and toddlers receive the services they need. Mental health and parenting intervention services are provided for parents and children together. Initial results are promising in terms of eliminating further abuse and neglect and promoting safety and well-being through timely permanent placements.

2143.

Court Teams

Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended—

(1)

by redesignating part F as part K; and

(2)

by inserting after part E the following new part:

F

Court Teams

271.

Court Teams program authorized

(a)

Grant authorized

The Administrator shall award a grant to a national early childhood development organization to—

(1)

establish a National Court Teams Resource Center to—

(A)

promote the well-being of maltreated infants and toddlers and their families (including the special problems created by substance abuse, particularly methamphetamine abuse);

(B)

help prevent the recurrence of abuse and neglect of children; and

(C)

promote timely reunification of families or other successful permanency outcomes for maltreated infants and toddlers in foster care; and

(2)

select, and provide assistance to, local Court Teams created to achieve the goals described in paragraph (1).

(b)

Grant duration

The grant awarded under this part shall be for a period of 5 years, and shall be renewable at the discretion of the Administrator.

272.

Eligibility; application; selection of grantee

(a)

Eligibility

To be eligible to receive the grant described in section 271, an entity shall be a national early childhood development organization, as defined in section 276, that has—

(1)

specific expertise in the development of infants and toddlers;

(2)

experience in incorporating the expertise described in paragraph (1) into the judicial system to promote change in the way courts address cases involving maltreated infants and toddlers in foster care; and

(3)

the capacity—

(A)

to establish and maintain the National Court Teams Resource Center described in section 273; and

(B)

to support the implementation and activities of local Court Teams by providing the assistance required under this part.

(b)

Application

An entity desiring to receive the grant described in section 271 shall submit an application to the Administrator, at such time, in such manner, and containing such information as the Administrator may require. Such application shall—

(1)

describe the expertise of the entity in infant and toddler development, including any experience relevant to the ability of the entity to oversee the implementation of local Court Teams, and the capacity of the entity to provide assistance to local Court Teams;

(2)

include a detailed plan describing how the entity will establish and maintain the National Court Teams Resource Center, and how the entity will carry out the activities of such Center, as described in section 273; and

(3)

explain the process the entity will use to select local Court Teams to receive assistance under this part, including an assurance that the entity will give priority to applications that—

(A)

demonstrate the commitment of—

(i)

at least one qualified judge to lead the local Court Team and serve as Judicial Leader of the Court Team; and

(ii)

community agencies serving maltreated infants and toddlers and their families in such jurisdiction to participate in the local Court Team;

(B)

describe the population of maltreated infants and toddlers in the community within the jurisdiction of the court over which the qualified judge presides, including—

(i)

any problems contributing to the placement of maltreated infants and toddlers under the supervision of the court (including the impact of parental substance abuse, and particularly methamphetamine abuse); and

(ii)

any challenges faced by the court in making decisions that are in the best interests of such maltreated infants and toddlers; and

(C)

describe how the local Court Team will carry out the activities required under section 274;

(4)

demonstrate the ability to meet the all selection criteria, including—

(A)

special expertise in the developmental needs of children three years of age and younger;

(B)

a demonstrated record of providing resources to parents and other caregivers regarding the healthy growth and development of their children;

(C)

a demonstrated record of providing resources for practitioners in the fields of child development, early child care and education, family support, pediatrics, child welfare, and mental health;

(D)

extensive knowledge about how exposure to violence (including domestic violence, community violence, and child maltreatment) influences the growth and development of infants and toddlers;

(E)

a documented history of collaboration with public and private sector groups working to improve the lives of maltreated infants and toddlers, including collaboration with judges at the local level;

(F)

the capacity to analyze child welfare policy at the local, State, and national levels and to offer research-based solutions to the problems confronting child welfare systems across the country; and

(G)

the ability to manage multiple complex national resource centers and related activities, including strategic planning, team building, infrastructure development, training for multidisciplinary professionals at all levels, materials development for multiple audiences in a variety of formats, and conference planning and delivery at the local, State, regional, and national levels; and

(5)

include any other information the Administrator may require, including any assurance required by the Administrator that the entity, if selected, will give special consideration to applications that have a significant number of child welfare cases in the jurisdiction of the court over which the qualified judge presides in which substance abuse, and particularly methamphetamine abuse, is involved.

(c)

Selection of Grantee

In considering grant applications under this part, the Administrator shall select the national early childhood development organization that demonstrates—

(1)

the greatest ability to satisfy the criteria described in subsection (b)(4); and

(2)

the most extensive experience in addressing the needs of abused and maltreated infants and toddlers through training and technical assistance provided to judges, multidisciplinary professionals and community leaders.

273.

National Court Teams Resource Center

(a)

General activities

The national early childhood development organization receiving the grant authorized under section 271 shall establish and maintain a National Court Teams Resource Center, which shall carry out the following activities:

(1)

Develop a process for selecting, and select, local Court Teams to receive assistance under this part.

(2)

Develop materials to guide qualified judges in the decision-making process regarding maltreated infants and toddlers, and to train members of local Court Teams and others in the community regarding the appropriate care of maltreated infants and toddlers, including the importance of—

(A)

stable foster care placements;

(B)

frequent parent-child visitation;

(C)

reduction of the recurrence of abuse and neglect;

(D)

improving health and well-being; and

(E)

timely permanent placement.

(3)

Conduct national meetings and training sessions for local Court Teams.

(4)

Develop a database that shall be—

(A)

available to each local Court Team to track such Court Team’s progress; and

(B)

used by the National Court Teams Resource Center to facilitate evaluation of the local Court Teams receiving assistance under this part.

(5)

Provide information to communities and courts around the country seeking to adopt the Court Teams approach, including information related to—

(A)

the incorporation of knowledge about infant and toddler development into the resolution of cases by judges with jurisdiction over children in foster care; and

(B)

methods to change State and local government systems for addressing the needs of infants and toddlers in the foster care, and their families.

(6)

Any other activity necessary to provide the assistance required under subsection (b).

(b)

Assistance to local Court Teams

Assistance provided to local Court Teams by the National Court Teams Resource Center shall include—

(1)

providing direction, coordination, and oversight of the implementation of local Court Teams, as needed;

(2)

providing a Local Community Coordinator for each local Court Team, who shall—

(A)

be selected by the National Court Teams Resource Center after consultation with the Judicial Leader of the local Court Team;

(B)

serve as a resource of child development expertise for the local Court Team; and

(C)

promote coordination (in the jurisdiction of the court over which the Judicial Leader presides) between—

(i)

community agencies that serve children; and

(ii)

providers of resources to support maltreated infants and toddlers;

(3)

providing training and technical assistance to local Court Teams, including—

(A)

individual consultation on site, through telephone conversations, and through responses to emailed information requests;

(B)

networking assistance and facilitation of telephone conference calls among Judicial Leaders and local Court Team members in different jurisdictions to discuss issues of common concern;

(C)

development and dissemination of training materials, including fact sheets, template forms, and sample operational materials developed by local Court Teams; and

(D)

training for local Court Teams related to—

(i)

the impact of abuse and neglect on infants and toddlers; and

(ii)

improved decision-making by courts regarding maltreated infants and toddlers to reduce the recurrence of abuse and neglect and improve developmental outcomes; and

(4)

organizing local training for community members of jurisdictions in which local Court Teams are located, which shall relate to the particular needs of infants and toddlers exposed to maltreatment and trauma, including topics such as—

(A)

general infant and toddler development;

(B)

the impact of abuse and neglect on development;

(C)

a relationship-based mental health intervention model for parents and children together;

(D)

best-practices in family interactions;

(E)

evidence-based parenting interventions; and

(F)

services available to foster children in the community.

274.

Local Court Teams

(a)

Application

An entity desiring to receive the assistance for local Court Teams made available under this part shall submit an application to the National Court Teams Resource Center at such time, in such manner, and containing such information as the National Court Teams Resource Center may require.

(b)

Eligibility

To be eligible to receive assistance under this part, a local Court Team shall be comprised of—

(1)

a Judicial Leader, who shall be a qualified judge, and who shall lead and oversee the implementation and ongoing activities of the local Court Team;

(2)

a Local Community Coordinator, selected and provided by the National Court Teams Resource Center in accordance with section 273(b)(2); and

(3)

no fewer than six key stakeholders who—

(A)

are members of the community in which the local Court Team is located;

(B)

are committed to working to restructure the way the jurisdiction responds to the needs of maltreated infants and toddlers; and

(C)

represent a variety of individuals involved with the care of maltreated infants and toddlers, which may include pediatricians, child welfare workers, attorneys, court-appointed special advocates, mental health professionals, substance abuse treatment providers, Early Head Start and child care providers, Court Improvement Program staff, and any other individuals who are involved in the care of maltreated infants and toddlers.

(c)

Required use of assistance

A local Court Team shall use any assistance received under this part to carry out the following activities:

(1)

Conducting monthly case reviews of each case handled by the local Court Team, in which all individuals and organizations involved in a case meet to review progress in such case, and to monitor and track referral to, delivery of, and barriers against, services for maltreated infants and toddlers and their families.

(2)

Incorporating child-focused services into case plans for maltreated infants and toddlers, including services such as medical, developmental, and mental health interventions and, as appropriate, services for children and parents together.

(3)

Organizing the provision of local training (provided by the National Court Teams Resource Center) to community members of the jurisdiction in which the local Court Team is located, including court officials, child welfare agencies, attorneys, Guardians Ad Litem, court-appointed special advocates, and other individuals and organizations providing services to infants and toddlers in foster care.

(4)

Identifying areas in the community in need of improved mental health and substance abuse treatment, and assisting the National Court Teams Resource Center in improving mental health treatment for parents and children together, and substance abuse treatment for families (including mothers and children), as needed.

(5)

Utilizing resource materials disseminated by the National Court Teams Resource Center to guide judges in the decision-making process regarding maltreated infants and toddlers, and to provide training for Court Team members.

(6)

Participating in the national evaluation conducted by the Administrator in accordance with section 275, to determine the extent to which the activities of the local Court Team reduce the recurrence of abuse and neglect and improve health and developmental outcomes for maltreated infants and toddlers.

(d)

Permissible use of assistance

A local Court may use the assistance received under this part to carry out the following activities:

(1)

Developing processes for responding to parental substance abuse, such as—

(A)

coordinating with local law enforcement agencies to allow rapid response teams to intervene quickly on behalf of infants and toddlers who are identified by law enforcement personnel as being present during illegal activities related to methamphetamines or other illegal substances; and

(B)

establishing and maintaining relationships with substance abuse treatment programs to increase access to treatment for parents of maltreated infants and toddlers.

(2)

Identifying the areas in the community in need of early childhood mental health services, and assisting the National Court Teams Resource Center in providing relationship-based early childhood mental health services by providing training on parent-child psychotherapy to mental health providers.

(3)

Any other activities that help meet the needs and improve the health and developmental outcomes of maltreated infants and toddlers in foster care.

275.

Evaluations and Reports

(a)

Evaluation form

Not later than 6 months after the date of the enactment of this Act, the National Court Teams Resource Center shall create, and distribute to each local Court Team, an evaluation form that shall be used to periodically collect any data from local Court Teams that the National Court Teams Resource Center determines may be relevant to the reports required by subsection (b).

(b)

Reports to Congress by the Administrator

At the end of the three-year period beginning on the date of the enactment of this Act, and again at the end of the five-year period beginning on such date of enactment, the Administrator shall—

(1)

compile the data collected in the periodic evaluation forms completed by each local Court Team;

(2)

conduct a national evaluation of Court Teams, based on such compilation of data; and

(3)

report to Congress on the effectiveness of Court Teams, including the extent to which local Court Teams are—

(A)

improving access to services for maltreated infants and toddlers;

(B)

reducing the recurrence of abuse and neglect;

(C)

promoting permanent placements of maltreated infants and toddlers; and

(D)

improving the developmental outcomes for maltreated infants and toddlers who have been in foster care.

276.

Definitions

For the purposes of this part:

(1)

Court-appointed special advocate

The term court-appointed special advocate means an individual who is trained by a recognized court-appointed special advocate program and appointed by a court to advocate for the best interests of children who come into the court system primarily as a result of abuse or neglect.

(2)

Court Improvement Program

The term Court Improvement Program means a program authorized under section 438 of the Social Security Act (42 U.S.C. 629h).

(3)

Guardian ad litem

The term Guardian Ad Litem means an attorney or court-appointed special advocate who is appointed by a court to advocate for the best interests of children who come into the court system primarily as a result of abuse or neglect.

(4)

Maltreated infant or toddler

The term maltreated infant or toddler means any child three years of age or younger who is the victim of a substantiated case of physical abuse, neglect, medical neglect, sexual abuse, or emotional abuse.

(5)

National early childhood development organization

The term national early childhood development organization means a national, private, nonprofit organization—

(A)

that is dedicated to supporting the healthy development and well-being of infants, toddlers, and their families; and

(B)

that has the capacity for research, training, information dissemination, and leadership development in all of the professional disciplines related to infants and toddlers three years of age and younger.

(6)

Qualified judge

The term qualified judge means a judge who presides over a court that has jurisdiction over children in foster care, such as a judge for a dependency court or family court.

.

2144.

Authorization of appropriations

Section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended—

(1)

in subsection (a)—

(A)

in the header, by striking Parts C and E) and inserting Parts C, E, and F); and

(B)

in paragraph (2), by striking parts C and E) and inserting parts C, E, and F);

(2)

by redesignating subsection (d) as subsection (e); and

(3)

by inserting after subsection (c) the following new subsection:

(d)

Authorization of appropriations for Part F

There are authorized to be appropriated to carry out part F, $5,000,000 for each of fiscal years 2008, 2009, 2010, 2011, and 2012.

.

B

Gang Abatement and Prevention Act of 2007

2201.

Short title

This subtitle may be cited as the Gang Abatement and Prevention Act of 2007.

2202.

Findings

Congress finds that—

(1)

violent crime and drug trafficking are pervasive problems at the national, State, and local level;

(2)

according to recent Federal Bureau of Investigation, Uniform Crime Reports, violent crime in the United States is on the rise, with a 2.3 percent increase in violent crime in 2005 (the largest increase in the United States in 15 years) and an even larger 3.7 percent jump during the first 6 months of 2006, and the Police Executive Research Forum reports that, among jurisdictions providing information, homicides are up 10.21 percent, robberies are up 12.27 percent, and aggravated assaults with firearms are up 9.98 percent since 2004;

(3)

these disturbing rises in violent crime are attributable in part to the spread of criminal street gangs and the willingness of gang members to commit acts of violence and drug trafficking offenses;

(4)

according to a recent National Drug Threat Assessment, criminal street gangs are responsible for much of the retail distribution of the cocaine, methamphetamine, heroin, and other illegal drugs being distributed in rural and urban communities throughout the United States;

(5)

gangs commit acts of violence or drug offenses for numerous motives, such as membership in or loyalty to the gang, for protecting gang territory, and for profit;

(6)

gang presence and intimidation, and the organized and repetitive nature of the crimes that gangs and gang members commit, has a pernicious effect on the free flow of interstate commercial activities and directly affects the freedom and security of communities plagued by gang activity, diminishing the value of property, inhibiting the desire of national and multinational corporations to transact business in those communities, and in a variety of ways directly and substantially affecting interstate and foreign commerce;

(7)

gangs often recruit and utilize minors to engage in acts of violence and other serious offenses out of a belief that the criminal justice systems are more lenient on juvenile offenders;

(8)

gangs often intimidate and threaten witnesses to prevent successful prosecutions;

(9)

gangs prey upon and incorporate minors into their ranks, exploiting the fact that adolescents have immature decision-making capacity, therefore, gang activity and recruitment can be reduced and deterred through increased vigilance, appropriate criminal penalties, partnerships between Federal and State and local law enforcement, and proactive prevention and intervention efforts, particularly targeted at juveniles and young adults, prior to and even during gang involvement;

(10)

State and local prosecutors and law enforcement officers, in hearings before the Committee on the Judiciary of the Senate and elsewhere, have enlisted the help of Congress in the prevention, investigation, and prosecution of gang crimes and in the protection of witnesses and victims of gang crimes; and

(11)

because State and local prosecutors and law enforcement have the expertise, experience, and connection to the community that is needed to assist in combating gang violence, consultation and coordination between Federal, State, and local law enforcement and collaboration with other community agencies is critical to the successful prosecutions of criminal street gangs and reduction of gang problems.

I

New Federal criminal laws needed to fight violent national, international, regional, and local gangs that affect interstate and foreign commerce

2221.

Revision and extension of penalties related to criminal street gang activity

(a)

In General

Chapter 26 of title 18, United States Code, is amended to read as follows:

26

CRIMINAL STREET GANGS

Sec.

521. Definitions.

522. Criminal street gang prosecutions.

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

524. Violent crimes in furtherance of criminal street gangs.

525. Forfeiture.

521.

Definitions

In this chapter:

(1)

Criminal street gang

The term criminal street gang means a formal or informal group, organization, or association of 5 or more individuals—

(A)

each of whom has committed at least 1 gang crime; and

(B)

who collectively commit 3 or more gang crimes (not less than 1 of which is a serious violent felony), in separate criminal episodes (not less than 1 of which occurs after the date of enactment of the Gang Abatement and Prevention Act of 2007, and the last of which occurs not later than 5 years after the commission of a prior gang crime (excluding any time of imprisonment for that individual)).

(2)

Gang crime

The term gang crime means an offense under Federal law punishable by imprisonment for more than 1 year, or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more in any of the following categories:

(A)

A crime that has as an element the use, attempted use, or threatened use of physical force against the person of another, or is burglary, arson, kidnapping, or extortion.

(B)

A crime involving obstruction of justice, or tampering with or retaliating against a witness, victim, or informant.

(C)

A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise trafficking in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

(D)

Any conduct punishable under—

(i)

section 844 (relating to explosive materials);

(ii)

subsection (a)(1), (d), (g)(1) (where the underlying conviction is a violent felony or a serious drug offense (as those terms are defined in section 924(e)), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), (g)(11), (i), (j), (k), (n), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts);

(iii)

subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 (relating to penalties);

(iv)

section 930 (relating to possession of firearms and dangerous weapons in Federal facilities);

(v)

section 931 (relating to purchase, ownership, or possession of body armor by violent felons);

(vi)

sections 1028 and 1029 (relating to fraud, identity theft, and related activity in connection with identification documents or access devices);

(vii)

section 1084 (relating to transmission of wagering information);

(viii)

section 1952 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises);

(ix)

section 1956 (relating to the laundering of monetary instruments);

(x)

section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity); or

(xi)

sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property).

(E)

Any conduct punishable under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of aliens for immoral purposes) of the Immigration and Nationality Act (8 U.S.C. 1324, 1327, and 1328).

(F)

Any crime involving aggravated sexual abuse, sexual assault, pimping or pandering involving prostitution, sexual exploitation of children (including sections 2251, 2251A, 2252 and 2260), peonage, slavery, or trafficking in persons (including sections 1581 through 1592) and sections 2421 through 2427 (relating to transport for illegal sexual activity).

(3)

Minor

The term minor means an individual who is less than 18 years of age.

(4)

Serious violent felony

The term serious violent felony has the meaning given that term in section 3559.

(5)

State

The term State means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

522.

Criminal street gang prosecutions

(a)

Street Gang Crime

It shall be unlawful for any person to knowingly commit, or conspire, threaten, or attempt to commit, a gang crime for the purpose of furthering the activities of a criminal street gang, or gaining entrance to or maintaining or increasing position in a criminal street gang, if the activities of that criminal street gang occur in or affect interstate or foreign commerce.

(b)

Penalty

Any person who violates subsection (a) shall be fined under this title and—

(1)

for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, imprisonment for any term of years or for life;

(2)

for any other serious violent felony, by imprisonment for not more than 30 years;

(3)

for any crime of violence that is not a serious violent felony, by imprisonment for not more than 20 years; and

(4)

for any other offense, by imprisonment for not more than 10 years.

523.

Recruitment of persons to participate in a criminal street gang

(a)

Prohibited Acts

It shall be unlawful to knowingly recruit, employ, solicit, induce, command, coerce, or cause another person to be or remain as a member of a criminal street gang, or attempt or conspire to do so, with the intent to cause that person to participate in a gang crime, if the defendant travels in interstate or foreign commerce in the course of the offense, or if the activities of that criminal street gang are in or affect interstate or foreign commerce.

(b)

Penalties

Whoever violates subsection (a) shall—

(1)

if the person recruited, employed, solicited, induced, commanded, coerced, or caused to participate or remain in a criminal street gang is a minor—

(A)

be fined under this title, imprisoned not more than 10 years, or both; and

(B)

at the discretion of the sentencing judge, be liable for any costs incurred by the Federal Government, or by any State or local government, for housing, maintaining, and treating the minor until the person attains the age of 18 years;

(2)

if the person who recruits, employs, solicits, induces, commands, coerces, or causes the participation or remaining in a criminal street gang is incarcerated at the time the offense takes place, be fined under this title, imprisoned not more than 10 years, or both; and

(3)

in any other case, be fined under this title, imprisoned not more than 5 years, or both.

(c)

Consecutive Nature of Penalties

Any term of imprisonment imposed under subsection (b)(2) shall be consecutive to any term imposed for any other offense.

524.

Violent crimes in furtherance of criminal street gangs

(a)

In General

It shall be unlawful for any person, for the purpose of gaining entrance to or maintaining or increasing position in, or in furtherance of, or in association with, a criminal street gang, or as consideration for anything of pecuniary value to or from a criminal street gang, to knowingly commit or threaten to commit against any individual a crime of violence that is an offense under Federal law punishable by imprisonment for more than 1 year or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more, or attempt or conspire to do so, if the activities of the criminal street gang occur in or affect interstate or foreign commerce.

(b)

Penalty

Any person who violates subsection (a) shall be punished by a fine under this title and—

(1)

for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, by imprisonment for any term of years or for life;

(2)

for a serious violent felony other than one described in paragraph (1), by imprisonment for not more than 30 years; and

(3)

in any other case, by imprisonment for not more than 20 years.

525.

Forfeiture

(a)

Criminal Forfeiture

A person who is convicted of a violation of this chapter shall forfeit to the United States—

(1)

any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the violation; and

(2)

any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the violation.

(b)

Procedures Applicable

Pursuant to section 2461(c) of title 28, the provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), except subsections (a) and (d) of that section, shall apply to the criminal forfeiture of property under this section.

.

(b)

Amendment Relating to Priority of Forfeiture Over Orders for Restitution

Section 3663(c)(4) of title 18, United States Code, is amended by striking chapter 46 or and inserting chapter 26, chapter 46, or.

(c)

Money Laundering

Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting , section 522 (relating to criminal street gang prosecutions), 523 (relating to recruitment of persons to participate in a criminal street gang), and 524 (relating to violent crimes in furtherance of criminal street gangs) before , section 541.

II

VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE

2241.

Violent crimes in aid of racketeering activity

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

(1)

in the matter preceding paragraph (1)—

(A)

by inserting or in furtherance or in aid of an enterprise engaged in racketeering activity, before murders,; and

(B)

by inserting engages in conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, before maims,;

(2)

in paragraph (1), by inserting conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, after kidnapping,;

(3)

in paragraph (2), by striking maiming and inserting assault resulting in serious bodily injury;

(4)

in paragraph (3), by striking or assault resulting in serious bodily injury;

(5)

in paragraph (4)—

(A)

by striking five years and inserting 10 years; and

(B)

by adding and at the end; and

(6)

by striking paragraphs (5) and (6) and inserting the following:

(5)

for attempting or conspiring to commit any offense under this section, by the same penalties (other than the death penalty) as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

.

2242.

Murder and other violent crimes committed during and in relation to a drug trafficking crime

(a)

In General

Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following:

424.

Murder and other violent crimes committed during and in relation to a drug trafficking crime

(a)

In General

Whoever, during and in relation to any drug trafficking crime, knowingly commits any crime of violence against any individual that is an offense under Federal law punishable by imprisonment for more than 1 year or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more, or threatens, attempts or conspires to do so, shall be punished by a fine under title 18, United States Code, and—

(1)

for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, by imprisonment for any term of years or for life;

(2)

for a serious violent felony (as defined in section 3559 of title 18, United States Code) other than one described in paragraph (1) by imprisonment for not more than 30 years;

(3)

for a crime of violence that is not a serious violent felony, by imprisonment for not more than 20 years; and

(4)

in any other case by imprisonment for not more than 10 years.

(b)

Venue

A prosecution for a violation of this section may be brought in—

(1)

the judicial district in which the murder or other crime of violence occurred; or

(2)

any judicial district in which the drug trafficking crime may be prosecuted.

(c)

Definitions

In this section—

(1)

the term crime of violence has the meaning given that term in section 16 of title 18, United States Code; and

(2)

the term drug trafficking crime has the meaning given that term in section 924(c)(2) of title 18, United States Code.

.

(b)

Clerical Amendment

The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91–513; 84 Stat. 1236) is amended by inserting after the item relating to section 423, the following:

Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime.

.

2243.

Expansion of rebuttable presumption against release of persons charged with firearms offenses

Section 3142(e) of title 18, United States Code, is amended in the matter following paragraph (3), by inserting after that the person committed the following: an offense under subsection (g)(1) (where the underlying conviction is a drug trafficking crime or crime of violence (as those terms are defined in section 924(c))), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), or (g)(11) of section 922,.

2244.

Statute of limitations for violent crime

(a)

In General

Chapter 213 of title 18, United States Code, is amended by adding at the end the following:

3299A.

Violent crime offenses

No person shall be prosecuted, tried, or punished for any noncapital felony crime of violence, including any racketeering activity or gang crime which involves any crime of violence, unless the indictment is found or the information is instituted not later than 10 years after the date on which the alleged violation occurred or the continuing offense was completed.

.

(b)

Clerical Amendment

The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following:

3299A. Violent crime offenses.

.

2245.

Study of hearsay exception for forfeiture by wrongdoing

The Judicial Conference of the United States shall study the necessity and desirability of amending section 804(b) of the Federal Rules of Evidence to permit the introduction of statements against a party by a witness who has been made unavailable where it is reasonably foreseeable by that party that wrongdoing would make the declarant unavailable.

2246.

Possession of firearms by dangerous felons

(a)

In General

Section 924(e) of title 18, United States Code, is amended by striking paragraph (1) and inserting the following:

(1)

In the case of a person who violates section 922(g) of this title and has previously been convicted by any court referred to in section 922(g)(1) of a violent felony or a serious drug offense shall—

(A)

in the case of 1 such prior conviction, where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for that conviction, be imprisoned for not more than 15 years, fined under this title, or both;

(B)

in the case of 2 such prior convictions, committed on occasions different from one another, and where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for the most recent such conviction, be imprisoned for not more than 20 years, fined under this title, or both; and

(C)

in the case of 3 such prior convictions, committed on occasions different from one another, and where a period of not more than 10 years has elapsed since the later of date of conviction and the date of release of the person from imprisonment for the most recent such conviction, be imprisoned for any term of years not less than 15 years or for life and fined under this title, and notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person 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 Commission 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 that title 18, as amended by subsection (a).

2247.

Conforming amendment

The matter preceding paragraph (1) in section 922(d) of title 18, United States Code, is amended by inserting , transfer, after sell.

2248.

Amendments relating to violent crime

(a)

Carjacking

Section 2119 of title 18, United States Code, is amended—

(1)

in the matter preceding paragraph (1), by striking , with the intent and all that follows through to do so, shall and inserting knowingly takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person of another by force and violence or by intimidation, causing a reasonable apprehension of fear of death or serious bodily injury in an individual, or attempts or conspires to do so, shall;

(2)

in paragraph (1), by striking 15 years and inserting 20 years;

(3)

in paragraph (2), by striking or imprisoned not more than 25 years, or both and inserting and imprisoned for any term of years or for life; and

(4)

in paragraph (3), by inserting the person takes or attempts to take the motor vehicle in violation of this section with intent to cause death or cause serious bodily injury, and before death results.

(b)

Clarification and Strengthening of Prohibition on Illegal Gun Transfers To Commit Drug Trafficking Crime or Crime of Violence

Section 924(h) of title 18, United States Code, is amended to read as follows:

(h)

Whoever knowingly transfers a firearm that has moved in or that otherwise affects interstate or foreign commerce, knowing that the firearm will be used to commit, or possessed in furtherance of, a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be fined under this title and imprisoned not more than 20 years.

.

(c)

Amendment of Special Sentencing Provision Relating to Limitations on Criminal Association

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

(1)

by inserting chapter 26 of this title (criminal street gang prosecutions) or in after felony set forth in; and

(2)

by inserting a criminal street gang or before an illegal enterprise.

(d)

Conspiracy Penalty

Section 371 of title 18, United States Code, is amended by striking five years, or both. and inserting 10 years (unless the maximum penalty for the crime that served as the object of the conspiracy has a maximum penalty of imprisonment of less than 10 years, in which case the maximum penalty under this section shall be the penalty for such crime), or both. This paragraph does not supersede any other penalty specifically set forth for a conspiracy offense..

2249.

Publicity campaign about new criminal penalties

The Attorney General is authorized to conduct media campaigns in any area designated as a high intensity gang activity area under section 2261 and any area with existing and emerging problems with gangs, as needed, to educate individuals in that area about the changes in criminal penalties made by this subtitle, and shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives the amount of expenditures and all other aspects of the media campaign.

2250.

Statute of limitations for terrorism offenses

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

(1)

in the subsection heading, by striking Eight-Year and inserting Ten-Year; and

(2)

in the first sentence, by striking 8 years and inserting 10 years.

2251.

Crimes committed in Indian country or exclusive Federal jurisdiction as racketeering predicates

Section 1961(1)(A) of title 18, United States Code, is amended by inserting , or would have been so chargeable if the act or threat (other than gambling) had not been committed in Indian country (as defined in section 1151) or in any other area of exclusive Federal jurisdiction, after chargeable under State law.

2252.

Predicate crimes for authorization of interception of wire, oral, and electronic communications

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

(1)

by striking or and the end of paragraph (r);

(2)

by redesignating paragraph (s) as paragraph (u); and

(3)

by inserting after paragraph (r) the following:

(s)

any violation of section 424 of the Controlled Substances Act (relating to murder and other violent crimes in furtherance of a drug trafficking crime);

(t)

any violation of section 522, 523, or 524 (relating to criminal street gangs); or

.

2253.

Clarification of Hobbs Act

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

(1)

in paragraph (1), by inserting including the unlawful impersonation of a law enforcement officer (as that term is defined in section 245(c) of this title), after by means of actual or threatened force,; and

(2)

in paragraph (2), by inserting including the unlawful impersonation of a law enforcement officer (as that term is defined in section 245(c) of this title), after by wrongful use of actual or threatened force,.

2254.

Interstate tampering with or retaliation against a witness, victim, or informant in a State criminal proceeding

(a)

In General

Chapter 73 of title 18, United States Code, is amended by inserting after section 1513 the following:

1513A.

Interstate tampering with or retaliation against a witness, victim, or informant in a State criminal proceeding

(a)

In General

It shall be unlawful for any person—

(1)

to travel in interstate or foreign commerce, or to use the mail or any facility in interstate or foreign commerce, or to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to do the same, with the intent to—

(A)

use or threaten to use any physical force against any witness, informant, victim, or other participant in a State criminal proceeding in an effort to influence or prevent participation in such proceeding, or to retaliate against such individual for participating in such proceeding; or

(B)

threaten, influence, or prevent from testifying any actual or prospective witness in a State criminal proceeding; or

(2)

to attempt or conspire to commit an offense under subparagraph (A) or (B) of paragraph (1).

(b)

Penalties

(1)

Use of force

Any person who violates subsection (a)(1)(A) by use of force—

(A)

shall be fined under this title, imprisoned not more than 20 years, or both; and

(B)

if death, kidnapping, or serious bodily injury results, shall be fined under this title, imprisoned for any term of years or for life, or both.

(2)

Other violations

Any person who violates subsection (a)(1)(A) by threatened use of force or violates paragraph (1)(B) or (2) of subsection (a) shall be fined under this title, imprisoned not more than 10 years, or both.

(c)

Venue

A prosecution under this section may be brought in the district in which the official proceeding (whether or not pending, about to be instituted or was completed) was intended to be affected or was completed, or in which the conduct constituting the alleged offense occurred.

.

(b)

Conforming Amendment

Section 1512 is amended, in the section heading, by adding at the end the following: in a Federal proceeding.

(c)

Chapter Analysis

The table of sections for chapter 73 of title 18, United States Code, is amended—

(1)

by striking the item relating to section 1512 and inserting the following:

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

;

and

(2)

by inserting after the item relating to section 1513 the following:

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

.

2255.

Amendment of sentencing guidelines

(a)

In General

Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and policy statements to conform with this part and the amendments made by this part.

(b)

Requirements

In carrying out this section, the United States Sentencing Commission shall—

(1)

establish new guidelines and policy statements, as warranted, in order to implement new or revised criminal offenses under this part and the amendments made by this part;

(2)

consider the extent to which the guidelines and policy statements adequately address—

(A)

whether the guidelines offense levels and enhancements—

(i)

are sufficient to deter and punish such offenses; and

(ii)

are adequate in view of the statutory increases in penalties contained in this part and the amendments made by this part; and

(B)

whether any existing or new specific offense characteristics should be added to reflect congressional intent to increase penalties for the offenses set forth in this part and the amendments made by this part;

(3)

ensure that specific offense characteristics are added to increase the guideline range—

(A)

by at least 2 offense levels, if a criminal defendant committing a gang crime or gang recruiting offense was an alien who was present in the United States in violation of section 275 or 276 of the Immigration and Nationality Act (8 U.S.C. 1325 and 1326) at the time the offense was committed; and

(B)

by at least 4 offense levels, if such defendant had also previously been ordered removed or deported under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on the grounds of having committed a crime;

(4)

determine under what circumstances a sentence of imprisonment imposed under this part or the amendments made by this part shall run consecutively to any other sentence of imprisonment imposed for any other crime, except that the Commission shall ensure that a sentence of imprisonment imposed under section 424 of the Controlled Substances Act (21 U.S.C. 841 et seq.), as added by this Act, shall run consecutively, to an extent that the Sentencing Commission determines appropriate, to the sentence imposed for the underlying drug trafficking offense;

(5)

account for any aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;

(6)

ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutes;

(7)

make any necessary and conforming changes to the sentencing guidelines and policy statements; and

(8)

ensure that the guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code.

III

INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES

2261.

Designation of and assistance for high intensity gang activity areas

(a)

Definitions

In this section:

(1)

Governor

The term Governor means a Governor of a State, the Mayor of the District of Columbia, the tribal leader of an Indian tribe, or the chief executive of a Commonwealth, territory, or possession of the United States.

(2)

High intensity gang activity area

The term high intensity gang activity area or HIGAA means an area within 1 or more States or Indian country that is designated as a high intensity gang activity area under subsection (b)(1).

(3)

Indian country

The term Indian country has the meaning given the term in section 1151 of title 18, United States Code.

(4)

Indian tribe

The term Indian tribe has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).

(5)

State

The term State means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(6)

Tribal leader

The term tribal leader means the chief executive officer representing the governing body of an Indian tribe.

(b)

High Intensity Gang Activity Areas

(1)

Designation

The Attorney General, after consultation with the Governors of appropriate States, may designate as high intensity gang activity areas, specific areas that are located within 1 or more States, which may consist of 1 or more municipalities, counties, or other jurisdictions as appropriate.

(2)

Assistance

In order to provide Federal assistance to high intensity gang activity areas, the Attorney General shall—

(A)

establish local collaborative working groups, which shall include—

(i)

criminal street gang enforcement teams, consisting of Federal, State, tribal, and local law enforcement authorities, for the coordinated investigation, disruption, apprehension, and prosecution of criminal street gangs and offenders in each high intensity gang activity area;

(ii)

educational, community, and faith leaders in the area;

(iii)

service providers in the community, including those experienced at reaching youth and adults who have been involved in violence and violent gangs or groups, to provide gang-involved or seriously at-risk youth with positive alternatives to gangs and other violent groups and to address the needs of those who leave gangs and other violent groups, and those reentering society from prison; and

(iv)

evaluation teams to research and collect information, assess data, recommend adjustments, and generally assure the accountability and effectiveness of program implementation;

(B)

direct the reassignment or detailing from any Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) of personnel to each criminal street gang enforcement team;

(C)

direct the reassignment or detailing of representatives from—

(i)

the Department of Justice;

(ii)

the Department of Education;

(iii)

the Department of Labor;

(iv)

the Department of Health and Human Services;

(v)

the Department of Housing and Urban Development; and

(vi)

any other Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) to each high intensity gang activity area to identify and coordinate efforts to access Federal programs and resources available to provide gang prevention, intervention, and reentry assistance;

(D)

prioritize and administer the Federal program and resource requests made by the local collaborative working group established under subparagraph (A) for each high intensity gang activity area;

(E)

provide all necessary funding for the operation of each local collaborative working group in each high intensity gang activity area; and

(F)

provide all necessary funding for national and regional meetings of local collaborative working groups, criminal street gang enforcement teams, and educational, community, social service, faith-based, and all other related organizations, as needed, to ensure effective operation of such teams through the sharing of intelligence and best practices and for any other related purpose.

(3)

Composition of criminal street gang enforcement team

Each team established under paragraph (2)(A)(i) shall consist of agents and officers, where feasible, from—

(A)

the Federal Bureau of Investigation;

(B)

the Drug Enforcement Administration;

(C)

the Bureau of Alcohol, Tobacco, Firearms, and Explosives;

(D)

the United States Marshals Service;

(E)

the Department of Homeland Security;

(F)

the Department of Housing and Urban Development;

(G)

State, local, and, where appropriate, tribal law enforcement;

(H)

Federal, State, and local prosecutors; and

(I)

the Bureau of Indian Affairs, Office of Law Enforcement Services, where appropriate.

(4)

Criteria for designation

In considering an area for designation as a high intensity gang activity area under this section, the Attorney General shall consider—

(A)

the current and predicted levels of gang crime activity in the area;

(B)

the extent to which qualitative and quantitative data indicate that violent crime in the area is related to criminal street gang activity, such as murder, robbery, assaults, carjacking, arson, kidnapping, extortion, drug trafficking, and other criminal activity;

(C)

the extent to which State, local, and, where appropriate, tribal law enforcement agencies, schools, community groups, social service agencies, job agencies, faith-based organizations, and other organizations have committed resources to—

(i)

respond to the gang crime problem; and

(ii)

participate in a gang enforcement team;

(D)

the extent to which a significant increase in the allocation of Federal resources would enhance local response to the gang crime activities in the area; and

(E)

any other criteria that the Attorney General considers to be appropriate.

(5)

Relation to hidtas

If the Attorney General establishes a high intensity gang activity area that substantially overlaps geographically with any existing high intensity drug trafficking area (in this section referred to as a HIDTA), the Attorney General shall direct the local collaborative working group for that high intensity gang activity area to enter into an agreement with the Executive Board for that HIDTA, providing that—

(A)

the Executive Board of that HIDTA shall establish a separate high intensity gang activity area law enforcement steering committee, and select (with a preference for Federal, State, and local law enforcement agencies that are within the geographic area of that high intensity gang activity area) the members of that committee, subject to the concurrence of the Attorney General;

(B)

the high intensity gang activity area law enforcement steering committee established under subparagraph (A) shall administer the funds provided under subsection (g)(1) for the criminal street gang enforcement team, after consulting with, and consistent with the goals and strategies established by, that local collaborative working group;

(C)

the high intensity gang activity area law enforcement steering committee established under subparagraph (A) shall select, from Federal, State, and local law enforcement agencies within the geographic area of that high intensity gang activity area, the members of the Criminal Street Gang Enforcement Team, in accordance with paragraph (3); and

(D)

the Criminal Street Gang Enforcement Team of that high intensity gang activity area, and its law enforcement steering committee, may, with approval of the Executive Board of the HIDTA with which it substantially overlaps, utilize the intelligence-sharing, administrative, and other resources of that HIDTA.

(c)

Reporting Requirements

(1)

In general

Not later than December 1 of each year, the Attorney General shall submit a report to the appropriate committees of Congress and the Director of the Office of Management and Budget and the Domestic Policy Council that describes, for each designated high intensity gang activity area—

(A)

the specific long-term and short-term goals and objectives;

(B)

the measurements used to evaluate the performance of the high intensity gang activity area in achieving the long-term and short-term goals;

(C)

the age, composition, and membership of gangs;

(D)

the number and nature of crimes committed by gangs and gang members;

(E)

the definition of the term gang used to compile that report; and

(F)

the programmatic outcomes and funding need of the high intensity gang area, including—

(i)

an evidence-based analysis of the best practices and outcomes from the work of the relevant local collaborative working group; and

(ii)

an analysis of whether Federal resources distributed meet the needs of the high intensity gang activity area and, if any programmatic funding shortfalls exist, recommendations for programs or funding to meet such shortfalls.

(2)

Appropriate committees

In this subsection, the term appropriate committees of Congress means—

(A)

the Committee on the Judiciary, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate; and

(B)

the Committee on the Judiciary, the Committee on Appropriations, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives.

(d)

Additional Assistant United States Attorneys

The Attorney General is authorized to hire 94 additional Assistant United States attorneys, and nonattorney coordinators and paralegals as necessary, to carry out the provisions of this section.

(e)

Additional Defense Counsel

In each of the fiscal years 2008 through 2012, the Director of the Administrative Office of the United States Courts is authorized to hire 71 additional attorneys, nonattorney coordinators, and investigators, as necessary, in Federal Defender Programs and Federal Community Defender Organizations, and to make additional payments as necessary to retain appointed counsel under section 3006A of title 18, United States Code, to adequately respond to any increased or expanded caseloads that may occur as a result of this subtitle or the amendments made by this subtitle. Funding under this subsection shall not exceed the funding levels under subsection (d).

(f)

National Gang Research, Evaluation, and Policy Institute

(1)

In general

The Office of Justice Programs of the Department of Justice, after consulting with relevant law enforcement officials, practitioners and researchers, shall establish a National Gang Research, Evaluation, and Policy Institute (in this subsection referred to as the Institute).

(2)

Activities

The Institute shall—

(A)

promote and facilitate the implementation of data-driven, effective gang violence suppression, prevention, intervention, and reentry models, such as the Operation Ceasefire model, the Strategic Public Health Approach, the Gang Reduction Program, or any other promising municipally driven, comprehensive community-wide strategy that is demonstrated to be effective in reducing gang violence;

(B)

assist jurisdictions by conducting timely research on effective models and designing and promoting implementation of effective local strategies, including programs that have objectives and data on how they reduce gang violence (including shootings and killings), using prevention, outreach, and community approaches, and that demonstrate the efficacy of these approaches; and

(C)

provide and contract for technical assistance as needed in support of its mission.

(3)

National conference

Not later than 90 days after the date of its formation, the Institute shall design and conduct a national conference to reduce and prevent gang violence, and to teach and promote gang violence prevention, intervention, and reentry strategies. The conference shall be attended by appropriate representatives from criminal street gang enforcement teams, and local collaborative working groups, including representatives of educational, community, religious, and social service organizations, and gang program and policy research evaluators.

(4)

National demonstration sites

Not later than 120 days after the date of its formation, the Institute shall select appropriate HIGAA areas to serve as primary national demonstration sites, based on the nature, concentration, and distribution of various gang types, the jurisdiction’s established capacity to integrate prevention, intervention, re-entry and enforcement efforts, and the range of particular gang-related issues. After establishing primary national demonstration sites, the Institute shall establish such other secondary sites, to be linked to and receive evaluation, research, and technical assistance through the primary sites, as it may determine appropriate.

(5)

Dissemination of information

Not later than 180 days after the date of its formation, the Institute shall develop and begin dissemination of information about methods to effectively reduce and prevent gang violence, including guides, research and assessment models, case studies, evaluations, and best practices. The Institute shall also create a website, designed to support the implementation of successful gang violence prevention models, and disseminate appropriate information to assist jurisdictions in reducing gang violence.

(6)

Gang intervention academies

Not later than 6 months after the date of its formation, the Institute shall, either directly or through contracts with qualified nonprofit organizations, establish not less than 1 training academy, located in a high intensity gang activity area, to promote effective gang intervention and community policing. The purposes of an academy established under this paragraph shall be to increase professionalism of gang intervention workers, improve officer training for working with gang intervention workers, create best practices for independent cooperation between officers and intervention workers, and develop training for community policing.

(7)

Support

The Institute shall obtain initial and continuing support from experienced researchers and practitioners, as it determines necessary, to test and assist in implementing its strategies nationally, regionally, and locally.

(8)

Research agenda

The Institute shall establish and implement a core research agenda designed to address areas of particular challenge, including—

(A)

how best to apply and continue to test the models described in paragraph (2) in particularly large jurisdictions;

(B)

how to foster and maximize the continuing impact of community moral voices in this context;

(C)

how to ensure the long-term sustainability of reduced violent crime levels once initial levels of enthusiasm may subside; and

(D)

how to apply existing intervention frameworks to emerging local, regional, national, or international gang problems, such as the emergence of the gang known as MS–13.

(9)

Evaluation

The National Institute of Justice shall evaluate, on a continuing basis, comprehensive gang violence prevention, intervention, suppression, and reentry strategies supported by the Institute, and shall report the results of these evaluations by no later than October 1 each year to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

(10)

Funds

The Attorney General shall use not less than 3 percent, and not more than 5 percent, of the amounts made available under this section to establish and operate the Institute.

(g)

Use of Funds

Of amounts made available to a local collaborative working group under this section for each fiscal year that are remaining after the costs of hiring a full time coordinator for the local collaborative effort—

(1)

50 percent shall be used for the operation of criminal street gang enforcement teams; and

(2)

50 percent shall be used—

(A)

to provide at-risk youth with positive alternatives to gangs and other violent groups and to address the needs of those who leave gangs and other violent groups through—

(i)

service providers in the community, including schools and school districts; and

(ii)

faith leaders and other individuals experienced at reaching youth who have been involved in violence and violent gangs or groups;

(B)

for the establishment and operation of the National Gang Research, Evaluation, and Policy Institute; and

(C)

to support and provide technical assistance to research in criminal justice, social services, and community gang violence prevention collaborations.

(h)

Authorization of Appropriations

There are authorized to be appropriated to carry out this section $75,000,000 for each of fiscal years 2008 through 2012. Any funds made available under this subsection shall remain available until expended.

2262.

Gang prevention grants

(a)

Authority To Make Grants

The Office of Justice Programs of the Department of Justice may make grants, in accordance with such regulations as the Attorney General may prescribe, to States, units of local government, tribal governments, and qualified private entities, to develop community-based programs that provide crime prevention, research, and intervention services that are designed for gang members and at-risk youth.

(b)

Use of Grant Amounts

A grant under this section may be used (including through subgrants) for—

(1)

preventing initial gang recruitment and involvement among younger teenagers;

(2)

reducing gang involvement through nonviolent and constructive activities, such as community service programs, development of nonviolent conflict resolution skills, employment and legal assistance, family counseling, and other safe, community-based alternatives for high-risk youth;

(3)

developing in-school and after-school gang safety, control, education, and resistance procedures and programs;

(4)

identifying and addressing early childhood risk factors for gang involvement, including parent training and childhood skills development;

(5)

identifying and fostering protective factors that buffer children and adolescents from gang involvement;

(6)

developing and identifying investigative programs designed to deter gang recruitment, involvement, and activities through effective intelligence gathering;

(7)

developing programs and youth centers for first-time nonviolent offenders facing alternative penalties, such as mandated participation in community service, restitution, counseling, and education and prevention programs;

(8)

implementing regional, multidisciplinary approaches to combat gang violence though coordinated programs for prevention and intervention (including street outreach programs and other peacemaking activities) or coordinated law enforcement activities (including regional gang task forces and regional crime mapping strategies that enhance focused prosecutions and reintegration strategies for offender reentry); or

(9)

identifying at-risk and high-risk students through home visits organized through joint collaborations between law enforcement, faith-based organizations, schools, and social workers.

(c)

Grant Requirements

(1)

Maximum

The amount of a grant under this section may not exceed $1,000,000.

(2)

Consultation and cooperation

Each recipient of a grant under this section shall have in effect on the date of the application by that entity agreements to consult and cooperate with local, State, or Federal law enforcement and participate, as appropriate, in coordinated efforts to reduce gang activity and violence.

(d)

Annual Report

Each recipient of a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section are expended, a report containing—

(1)

a summary of the activities carried out with grant funds during that year;

(2)

an assessment of the effectiveness of the crime prevention, research, and intervention activities of the recipient, based on data collected by the grant recipient;

(3)

a strategic plan for the year following the year described in paragraph (1);

(4)

evidence of consultation and cooperation with local, State, or Federal law enforcement or, if the grant recipient is a government entity, evidence of consultation with an organization engaged in any activity described in subsection (b); and

(5)

such other information as the Attorney General may require.

(e)

Definition

In this section, the term units of local government includes sheriffs departments, police departments, and local prosecutor offices.

(f)

Authorization of Appropriations

There are authorized to be appropriated for grants under this section $35,000,000 for each of the fiscal years 2008 through 2012.

2263.

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

(a)

In General

While maintaining the focus of Project Safe Neighborhoods as a comprehensive, strategic approach to reducing gun violence in America, the Attorney General is authorized to expand the Project Safe Neighborhoods program to require each United States attorney to—

(1)

identify, investigate, and prosecute significant criminal street gangs operating within their district; and

(2)

coordinate the identification, investigation, and prosecution of criminal street gangs among Federal, State, and local law enforcement agencies.

(b)

Additional Staff for Project Safe Neighborhoods

(1)

In general

The Attorney General may hire Assistant United States attorneys, non-attorney coordinators, or paralegals to carry out the provisions of this section.

(2)

Enforcement

The Attorney General may hire Bureau of Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise expend additional resources in support of, the Project Safe Neighborhoods/Firearms Violence Reduction program.

(3)

Authorization of appropriations

There are authorized to be appropriated $20,000,000 for each of fiscal years 2008 through 2012 to carry out this section. Any funds made available under this paragraph shall remain available until expended.

2264.

Additional resources needed by the Federal Bureau of Investigation to investigate and prosecute violent criminal street gangs

(a)

Expansion of Safe Streets Program

The Attorney General is authorized to expand the Safe Streets Program of the Federal Bureau of Investigation for the purpose of supporting criminal street gang enforcement teams.

(b)

National Gang Activity Database

(1)

In general

The Attorney General shall establish a National Gang Activity Database to be housed at and administered by the Department of Justice.

(2)

Description

The database required by paragraph (1) shall—

(A)

be designed to disseminate gang information to law enforcement agencies throughout the country and, subject to appropriate controls, to disseminate aggregate statistical information to other members of the criminal justice system, community leaders, academics, and the public;

(B)

contain critical information on gangs, gang members, firearms, criminal activities, vehicles, and other information useful for investigators in solving and reducing gang-related crimes;

(C)

operate in a manner that enables law enforcement agencies to—

(i)

identify gang members involved in crimes;

(ii)

track the movement of gangs and members throughout the region;

(iii)

coordinate law enforcement response to gang violence;

(iv)

enhance officer safety;

(v)

provide realistic, up-to-date figures and statistical data on gang crime and violence;

(vi)

forecast trends and respond accordingly; and

(vii)

more easily solve crimes and prevent violence; and

(D)

be subject to guidelines, issued by the Attorney General, specifying the criteria for adding information to the database, the appropriate period for retention of such information, and a process for removing individuals from the database, and prohibiting disseminating gang information to any entity that is not a law enforcement agency, except aggregate statistical information where appropriate.

(3)

Use of riss secure intranet

From amounts made available to carry out this section, the Attorney General shall provide the Regional Information Sharing Systems such sums as are necessary to use the secure intranet known as RISSNET to electronically connect existing gang information systems (including the RISSGang National Gang Database) with the National Gang Activity Database, thereby facilitating the automated information exchange of existing gang data by all connected systems without the need for additional databases or data replication.

(c)

Authorization of Appropriations

(1)

In general

In addition to amounts otherwise authorized, there are authorized to be appropriated to the Attorney General $10,000,000 for each of fiscal years 2008 through 2012 to carry out this section.

(2)

Availability

Any amounts appropriated under paragraph (1) shall remain available until expended.

2265.

Grants to prosecutors and law enforcement to combat violent crime

(a)

In General

Section 31702 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13862) is amended—

(1)

in paragraph (3), by striking and at the end;

(2)

in paragraph (4), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following:

(5)

to hire additional prosecutors to—

(A)

allow more cases to be prosecuted; and

(B)

reduce backlogs; and

(6)

to fund technology, equipment, and training for prosecutors and law enforcement in order to increase accurate identification of gang members and violent offenders, and to maintain databases with such information to facilitate coordination among law enforcement and prosecutors.

.

(b)

Authorization of Appropriations

Section 31707 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is amended to read as follows:

31707.

Authorization of appropriations

There are authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2012 to carry out this subtitle.

.

2266.

Expansion and reauthorization of the Mentoring Initiative for system involved youth

(a)

Expansion

Section 261(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5665(a)) is amended by adding at the end the following: The Administrator shall expand the number of sites receiving such grants from 4 to 12..

(b)

Authorization of Program

Section 299(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(c)) is amended—

(1)

by striking There are authorized and inserting the following:

(1)

In general

There are authorized

; and

(2)

by adding at the end the following:

(2)

Authorization of appropriations for mentoring initiative

There are authorized to be appropriated to carry out the Mentoring Initiative for System Involved Youth Program under part E $4,800,000 for each of fiscal years 2008 through 2012.

.

2267.

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

(a)

In General

The Attorney General may make grants to public or nonprofit private entities (including faith-based organizations) for the purpose of assisting the entities in carrying out projects involving innovative approaches to combat gang activity.

(b)

Certain Approaches

Approaches under subsection (a) may include the following:

(1)

Encouraging teen-driven approaches to gang activity prevention.

(2)

Educating parents to recognize signs of problems and potential gang involvement in their children.

(3)

Teaching parents the importance of a nurturing family and home environment to keep children out of gangs.

(4)

Facilitating communication between parents and children, especially programs that have been evaluated and proven effective.

(c)

Matching Funds

(1)

In general

The Attorney General may make a grant under this section only if the entity receiving the grant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward the cost of activities to be performed with that grant in an amount that is not less than 25 percent of such costs.

(2)

Determination of amount contributed

Non-Federal contributions required under paragraph (1) may be in cash or in kind, fairly evaluated, including facilities, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.

(d)

Evaluation of Projects

(1)

In general

The Attorney General shall establish criteria for the evaluation of projects involving innovative approaches under subsection (a).

(2)

Grantees

A grant may be made under subsection (a) only if the entity involved—

(A)

agrees to conduct evaluations of the approach in accordance with the criteria established under paragraph (1);

(B)

agrees to submit to the Attorney General reports describing the results of the evaluations, as the Attorney General determines to be appropriate; and

(C)

submits to the Attorney General, in the application under subsection (e), a plan for conducting the evaluations.

(e)

Application for Grant

A public or nonprofit private entity desiring a grant under this section shall submit an application in such form, in such manner, and containing such agreements, assurances, and information (including the agreements under subsections (c) and (d) and the plan under subsection (d)(2)(C)) as the Attorney General determines appropriate.

(f)

Report to Congress

Not later than February 1 of each year, the Attorney General shall submit to Congress a report describing the extent to which the approaches under subsection (a) have been successful in reducing the rate of gang activity in the communities in which the approaches have been carried out. Each report under this subsection shall describe the various approaches used under subsection (a) and the effectiveness of each of the approaches.

(g)

Authorization of Appropriations

There are authorized to be appropriated $5,000,000 to carry out this section for each of the fiscal years 2008 through 2012.

2268.

Short-Term State Witness Protection Section

(a)

Establishment

(1)

In general

Chapter 37 of title 28, United States Code, is amended by adding at the end the following:

570.

Short-Term State Witness Protection Section

(a)

In General

There is established in the United States Marshals Service a Short-Term State Witness Protection Section which shall provide protection for witnesses in State and local trials involving homicide or other major violent crimes pursuant to cooperative agreements with State and local criminal prosecutor’s offices and the United States attorney for the District of Columbia.

(b)

Eligibility

(1)

In general

The Short-Term State Witness Protection Section shall give priority in awarding grants and providing services to—

(A)

criminal prosecutor’s offices for States with an average of not less than 100 murders per year; and

(B)

criminal prosecutor’s offices for jurisdictions that include a city, town, or township with an average violent crime rate per 100,000 inhabitants that is above the national average.

(2)

Calculation

The rate of murders and violent crime under paragraph (1) shall be calculated using the latest available crime statistics from the Federal Bureau of Investigation during 5-year period immediately preceding an application for protection.

.

(2)

Chapter analysis

The chapter analysis for chapter 37 of title 28, United States Code, is amended by striking the items relating to sections 570 through 576 and inserting the following:

570. Short-Term State Witness Protection Section.

.

(b)

Grant Program

(1)

Definitions

In this subsection—

(A)

the term eligible prosecutor’s office means a State or local criminal prosecutor’s office or the United States attorney for the District of Columbia; and

(B)

the term serious violent felony has the same meaning as in section 3559(c)(2) of title 18, United States Code.

(2)

Grants authorized

(A)

In general

The Attorney General is authorized to make grants to eligible prosecutor’s offices for purposes of identifying witnesses in need of protection or providing short term protection to witnesses in trials involving homicide or serious violent felony.

(B)

Allocation

Each eligible prosecutor’s office receiving a grant under this subsection may—

(i)

use the grant to identify witnesses in need of protection or provide witness protection (including tattoo removal services); or

(ii)

pursuant to a cooperative agreement with the Short-Term State Witness Protection Section of the United States Marshals Service, credit the grant to the Short-Term State Witness Protection Section to cover the costs to the section of providing witness protection on behalf of the eligible prosecutor’s office.

(3)

Application

(A)

In general

Each eligible prosecutor’s office desiring a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.

(B)

Contents

Each application submitted under subparagraph (A) shall—

(i)

describe the activities for which assistance under this subsection is sought; and

(ii)

provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this subsection.

(4)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection $90,000,000 for each of fiscal years 2008 through 2010.

2269.

Witness protection services

Section 3526 of title 18, United States Code (Cooperation of other Federal agencies and State governments; reimbursement of expenses) is amended by adding at the end the following:

(c)

In any case in which a State government requests the Attorney General to provide temporary protection under section 3521(e) of this title, the costs of providing temporary protection are not reimbursable if the investigation or prosecution in any way relates to crimes of violence committed by a criminal street gang, as defined under the laws of the relevant State seeking assistance under this title.

.

2270.

Expansion of Federal witness relocation and protection program

Section 3521(a)(1) of title 18 is amended by inserting , criminal street gang, serious drug offense, homicide, after organized criminal activity.

2271.

Family abduction prevention grant program

(a)

State Grants

The Attorney General is authorized to make grants to States for projects involving—

(1)

the extradition of individuals suspected of committing a family abduction;

(2)

the investigation by State and local law enforcement agencies of family abduction cases;

(3)

the training of State and local law enforcement agencies in responding to family abductions and recovering abducted children, including the development of written guidelines and technical assistance;

(4)

outreach and media campaigns to educate parents on the dangers of family abductions; and

(5)

the flagging of school records.

(b)

Matching Requirement

Not less than 50 percent of the cost of a project for which a grant is made under this section shall be provided by non-Federal sources.

(c)

Definitions

In this section:

(1)

Family abduction

-The term family abduction means the taking, keeping, or concealing of a child or children by a parent, other family member, or person acting on behalf of the parent or family member, that prevents another individual from exercising lawful custody or visitation rights.

(2)

Flagging

The term flagging means the process of notifying law enforcement authorities of the name and address of any person requesting the school records of an abducted child.

(3)

State

The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, any territory or possession of the United States, and any Indian tribe.

(d)

Authorization of Appropriations

There are authorized to be appropriated to carry out this section $500,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 and 2010.

2272.

Study on adolescent development and sentences in the Federal system

(a)

In General

The United States Sentencing Commission shall conduct a study to examine the appropriateness of sentences for minors in the Federal system.

(b)

Contents

The study conducted under subsection (a) shall—

(1)

incorporate the most recent research and expertise in the field of adolescent brain development and culpability;

(2)

evaluate the toll of juvenile crime, particularly violent juvenile crime, on communities;

(3)

consider the appropriateness of life sentences without possibility for parole for minor offenders in the Federal system; and

(4)

evaluate issues of recidivism by juveniles who are released from prison or detention after serving determinate sentences.

(c)

Report

Not later than 1 year after the date of enactment of this Act, the United States Sentencing Commission shall submit to Congress a report regarding the study conducted under subsection (a), which shall—

(1)

include the findings of the Commission;

(2)

describe significant cases reviewed as part of the study; and

(3)

make recommendations, if any.

(d)

Revision of Guidelines

If determined appropriate by the United States Sentencing Commission, after completing the study under subsection (a) the Commission may, pursuant to its authority under section 994 of title 28, United States Code, establish or revise guidelines and policy statements, as warranted, relating to the sentencing of minors under this subtitle or the amendments made by this subtitle.

2273.

National youth anti-heroin media campaign

Section 709 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1708) is amended—

(1)

by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; and

(2)

by inserting after subsection (j) the following:

(k)

Prevention of Heroin Abuse

(1)

Findings

Congress finds the following:

(A)

Heroin, and particularly the form known as cheese heroin (a drug made by mixing black tar heroin with diphenhydramine), poses a significant and increasing threat to youth in the United States.

(B)

Drug organizations import heroin from outside of the United States, mix the highly addictive drug with diphenhydramine, and distribute it mostly to youth.

(C)

Since the initial discovery of cheese heroin on Dallas school campuses in 2005, at least 21 minors have died after overdosing on cheese heroin in Dallas County.

(D)

The number of arrests involving possession of cheese heroin in the Dallas area during the 2006–2007 school year increased over 60 percent from the previous school year.

(E)

The ease of communication via the Internet and cell phones allows a drug trend to spread rapidly across the country, creating a national threat.

(F)

Gangs recruit youth as new members by providing them with this inexpensive drug.

(G)

Reports show that there is rampant ignorance among youth about the dangerous and potentially fatal effects of cheese heroin.

(2)

Prevention of heroin abuse

In conducting advertising and activities otherwise authorized under this section, the Director shall promote prevention of youth heroin use, including cheese heroin.

.

2274.

Training at the National Advocacy Center

(a)

In General

The National District Attorneys Association may use the services of the National Advocacy Center in Columbia, South Carolina to conduct a national training program for State and local prosecutors for the purpose of improving the professional skills of State and local prosecutors and enhancing the ability of Federal, State, and local prosecutors to work together.

(b)

Training

The National Advocacy Center in Columbia, South Carolina may provide comprehensive continuing legal education in the areas of trial practice, substantive legal updates, and support staff training.

(c)

Authorization of Appropriations

There are authorized to be appropriated to the Attorney General to carry out this section $6,500,000, to remain available until expended, for fiscal years 2008 through 2011.

IV

CRIME PREVENTION AND INTERVENTION STRATEGIES

2281.

Short title

This title may be cited as the Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2007 or the PRECAUTION Act.

2282.

Purposes

The purposes of this title are to—

(1)

establish a commitment on the part of the Federal Government to provide leadership on successful crime prevention and intervention strategies;

(2)

further the integration of crime prevention and intervention strategies into traditional law enforcement practices of State and local law enforcement offices around the country;

(3)

develop a plain-language, implementation-focused assessment of those current crime and delinquency prevention and intervention strategies that are supported by rigorous evidence;

(4)

provide additional resources to the National Institute of Justice to administer research and development grants for promising crime prevention and intervention strategies;

(5)

develop recommendations for Federal priorities for crime and delinquency prevention and intervention research, development, and funding that may augment important Federal grant programs, including the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), grant programs administered by the Office of Community Oriented Policing Services of the Department of Justice, grant programs administered by the Office of Safe and Drug-Free Schools of the Department of Education, and other similar programs; and

(6)

reduce the costs that rising violent crime imposes on interstate commerce.

2283.

Definitions

In this title, the following definitions shall apply:

(1)

Commission

The term Commission means the National Commission on Public Safety Through Crime Prevention established under section 2284(a).

(2)

Rigorous evidence

The term rigorous evidence means evidence generated by scientifically valid forms of outcome evaluation, particularly randomized trials (where practicable).

(3)

Subcategory

The term subcategory means 1 of the following categories:

(A)

Family and community settings (including public health-based strategies).

(B)

Law enforcement settings (including probation-based strategies).

(C)

School settings (including antigang and general antiviolence strategies).

(4)

Top-tier

The term top-tier means any strategy supported by rigorous evidence of the sizable, sustained benefits to participants in the strategy or to society.

2284.

National Commission on Public Safety Through Crime Prevention

(a)

Establishment

There is established a commission to be known as the National Commission on Public Safety Through Crime Prevention.

(b)

Members

(1)

In general

The Commission shall be composed of 9 members, of whom—

(A)

3 shall be appointed by the President, 1 of whom shall be the Assistant Attorney General for the Office of Justice Programs or a representative of such Assistant Attorney General;

(B)

2 shall be appointed by the Speaker of the House of Representatives, unless the Speaker is of the same party as the President, in which case 1 shall be appointed by the Speaker of the House of Representatives and 1 shall be appointed by the minority leader of the House of Representatives;

(C)

1 shall be appointed by the minority leader of the House of Representatives (in addition to any appointment made under subparagraph (B));

(D)

2 shall be appointed by the majority leader of the Senate, unless the majority leader is of the same party as the President, in which case 1 shall be appointed by the majority leader of the Senate and 1 shall be appointed by the minority leader of the Senate; and

(E)

1 member appointed by the minority leader of the Senate (in addition to any appointment made under subparagraph (D)).

(2)

Persons eligible

(A)

In general

Each member of the Commission shall be an individual who has knowledge or expertise in matters to be studied by the Commission.

(B)

Required representatives

At least—

(i)

2 members of the Commission shall be respected social scientists with experience implementing or interpreting rigorous, outcome-based trials; and

(ii)

2 members of the Commission shall be law enforcement practitioners.

(3)

Consultation required

The President, the Speaker of the House of Representatives, the minority leader of the House of Representatives, and the majority leader and minority leader of the Senate shall consult prior to the appointment of the members of the Commission to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission.

(4)

Term

Each member shall be appointed for the life of the Commission.

(5)

Time for initial appointments

The appointment of the members shall be made not later than 60 days after the date of enactment of this Act.

(6)

Vacancies

A vacancy in the Commission shall be filled in the manner in which the original appointment was made, and shall be made not later than 60 days after the date on which the vacancy occurred.

(7)

Ex officio members

The Director of the National Institute of Justice, the Director of the Office of Juvenile Justice and Delinquency Prevention, the Director of the Community Capacity Development Office, the Director of the Bureau of Justice Statistics, the Director of the Bureau of Justice Assistance, and the Director of Community Oriented Policing Services (or a representative of each such director) shall each serve in an ex officio capacity on the Commission to provide advice and information to the Commission.

(c)

Operation

(1)

Chairperson

At the initial meeting of the Commission, the members of the Commission shall elect a chairperson from among its voting members, by a vote of 2/3 of the members of the Commission. The chairperson shall retain this position for the life of the Commission. If the chairperson leaves the Commission, a new chairperson shall be selected, by a vote of 2/3 of the members of the Commission.

(2)

Meetings

The Commission shall meet at the call of the chairperson. The initial meeting of the Commission shall take place not later than 30 days after the date on which all the members of the Commission have been appointed.

(3)

Quorum

A majority of the members of the Commission shall constitute a quorum to conduct business, and the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission.

(4)

Rules

The Commission may establish by majority vote any other rules for the conduct of Commission business, if such rules are not inconsistent with this title or other applicable law.

(d)

Public Hearings

(1)

In general

The Commission shall hold public hearings. The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under this section.

(2)

Focus of hearings

The Commission shall hold at least 3 separate public hearings, each of which shall focus on 1 of the subcategories.

(3)

Witness expenses

Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission.

(e)

Comprehensive Study of Evidence-Based Crime Prevention and Intervention Strategies

(1)

In general

The Commission shall carry out a comprehensive study of the effectiveness of crime and delinquency prevention and intervention strategies, organized around the 3 subcategories.

(2)

Matters included

The study under paragraph (1) shall include—

(A)

a review of research on the general effectiveness of incorporating crime prevention and intervention strategies into an overall law enforcement plan;

(B)

an evaluation of how to more effectively communicate the wealth of social science research to practitioners;

(C)

a review of evidence regarding the effectiveness of specific crime prevention and intervention strategies, focusing on those strategies supported by rigorous evidence;

(D)

an identification of—

(i)

promising areas for further research and development; and

(ii)

other areas representing gaps in the body of knowledge that would benefit from additional research and development;

(E)

an assessment of the best practices for implementing prevention and intervention strategies;

(F)

an assessment of the best practices for gathering rigorous evidence regarding the implementation of intervention and prevention strategies; and

(G)

an assessment of those top-tier strategies best suited for duplication efforts in a range of settings across the country.

(3)

Initial report on top-tier crime prevention and intervention strategies

(A)

Distribution

Not later than 18 months after the date on which all members of the Commission have been appointed, the Commission shall submit a public report on the study carried out under this subsection to—

(i)

the President;

(ii)

Congress;

(iii)

the Attorney General;

(iv)

the Chief Federal Public Defender of each district;

(v)

the chief executive of each State;

(vi)

the Director of the Administrative Office of the Courts of each State;

(vii)

the Director of the Administrative Office of the United States Courts; and

(viii)

the attorney general of each State.

(B)

Contents

The report under subparagraph (A) shall include—

(i)

the findings and conclusions of the Commission;

(ii)

a summary of the top-tier strategies, including—

(I)

a review of the rigorous evidence supporting the designation of each strategy as top-tier;

(II)

a brief outline of the keys to successful implementation for each strategy; and

(III)

a list of references and other information on where further information on each strategy can be found;

(iii)

recommended protocols for implementing crime and delinquency prevention and intervention strategies generally;

(iv)

recommended protocols for evaluating the effectiveness of crime and delinquency prevention and intervention strategies; and

(v)

a summary of the materials relied upon by the Commission in preparation of the report.

(C)

Consultation with outside authorities

In developing the recommended protocols for implementation and rigorous evaluation of top-tier crime and delinquency prevention and intervention strategies under this paragraph, the Commission shall consult with the Committee on Law and Justice at the National Academy of Science and with national associations representing the law enforcement and social science professions, including the National Sheriffs’ Association, the Police Executive Research Forum, the International Association of Chiefs of Police, the Consortium of Social Science Associations, and the American Society of Criminology.

(f)

Recommendations Regarding Dissemination of the Innovative Crime Prevention and Intervention Strategy Grants

(1)

Submission

(A)

In general

Not later than 30 days after the date of the final hearing under subsection (d) relating to a subcategory, the Commission shall provide the Director of the National Institute of Justice with recommendations on qualifying considerations relating to that subcategory for selecting grant recipients under section 2285.

(B)

Deadline

Not later than 13 months after the date on which all members of the Commission have been appointed, the Commission shall provide all recommendations required under this subsection.

(2)

Matters included

The recommendations provided under paragraph (1) shall include recommendations relating to—

(A)

the types of strategies for the applicable subcategory that would best benefit from additional research and development;

(B)

any geographic or demographic targets;

(C)

the types of partnerships with other public or private entities that might be pertinent and prioritized; and

(D)

any classes of crime and delinquency prevention and intervention strategies that should not be given priority because of a pre-existing base of knowledge that would benefit less from additional research and development.

(g)

Final Report on the Results of the Innovative Crime Prevention and Intervention Strategy Grants

(1)

In general

Following the close of the 3-year implementation period for each grant recipient under section 2285, the Commission shall collect the results of the study of the effectiveness of that grant under section 2285(b)(3) and shall submit a public report to the President, the Attorney General, Congress, the chief executive of each State, and the attorney general of each State describing each strategy funded under section 2285 and its results. This report shall be submitted not later than 5 years after the date of the selection of the chairperson of the Commission.

(2)

Collection of information and evidence regarding grant recipients

The Commission’s collection of information and evidence regarding each grant recipient under section 2285 shall be carried out by—

(A)

ongoing communications with the grant administrator at the National Institute of Justice;

(B)

visits by representatives of the Commission (including at least 1 member of the Commission) to the site where the grant recipient is carrying out the strategy with a grant under section 2285, at least once in the second and once in the third year of that grant;

(C)

a review of the data generated by the study monitoring the effectiveness of the strategy; and

(D)

other means as necessary.

(3)

Matters included

The report submitted under paragraph (1) shall include a review of each strategy carried out with a grant under section 2285, detailing—

(A)

the type of crime or delinquency prevention or intervention strategy;

(B)

where the activities under the strategy were carried out, including geographic and demographic targets;

(C)

any partnerships with public or private entities through the course of the grant period;

(D)

the type and design of the effectiveness study conducted under section 2285(b)(3) for that strategy;

(E)

the results of the effectiveness study conducted under section 2285(b)(3) for that strategy;

(F)

lessons learned regarding implementation of that strategy or of the effectiveness study conducted under section 2285(b)(3), including recommendations regarding which types of environments might best be suited for successful replication; and

(G)

recommendations regarding the need for further research and development of the strategy.

(h)

Personnel Matters

(1)

Travel expenses

The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission.

(2)

Compensation of members

Members of the Commission shall serve without compensation.

(3)

Staff

(A)

In general

The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.

(B)

Compensation

The chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

(4)

Detail of federal employees

With the affirmative vote of 2/3 of the members of the Commission, any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges.

(i)

Contracts for Research

(1)

National institute of justice

With a 2/3 affirmative vote of the members of the Commission, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out its duties under this title. The National Institute of Justice shall contract with the researchers and experts selected by the Commission to provide funding in exchange for their services.

(2)

Other organizations

Nothing in this subsection shall be construed to limit the ability of the Commission to enter into contracts with other entities or organizations for research necessary to carry out the duties of the Commission under this section.

(j)

Authorization of Appropriations

There are authorized to be appropriated $5,000,000 to carry out this section.

(k)

Termination

The Commission shall terminate on the date that is 30 days after the date on which the Commission submits the last report required by this section.

(l)

Exemption

The Commission shall be exempt from the Federal Advisory Committee Act.

2285.

Innovative crime prevention and intervention strategy grants

(a)

Grants Authorized

The Director of the National Institute of Justice may make grants to public and private entities to fund the implementation and evaluation of innovative crime or delinquency prevention or intervention strategies. The purpose of grants under this section shall be to provide funds for all expenses related to the implementation of such a strategy and to conduct a rigorous study on the effectiveness of that strategy.

(b)

Grant Distribution

(1)

Period

A grant under this section shall be made for a period of not more than 3 years.

(2)

Amount

The amount of each grant under this section—

(A)

shall be sufficient to ensure that rigorous evaluations may be performed; and

(B)

shall not exceed $2,000,000.

(3)

Evaluation set-aside

(A)

In general

A grantee shall use not less than $300,000 and not more than $700,000 of the funds from a grant under this section for a rigorous study of the effectiveness of the strategy during the 3-year period of the grant for that strategy.

(B)

Methodology of study

(i)

In general

Each study conducted under subparagraph (A) shall use an evaluator and a study design approved by the employee of the National Institute of Justice hired or assigned under subsection (c).

(ii)

Criteria

The employee of the National Institute of Justice hired or assigned under subsection (c) shall approve—

(I)

an evaluator that has successfully carried out multiple studies producing rigorous evidence of effectiveness; and

(II)

a proposed study design that is likely to produce rigorous evidence of the effectiveness of the strategy.

(iii)

Approval

Before a grant is awarded under this section, the evaluator and study design of a grantee shall be approved by the employee of the National Institute of Justice hired or assigned under subsection (c).

(4)

Date of award

Not later than 6 months after the date of receiving recommendations relating to a subcategory from the Commission under section 2284(f), the Director of the National Institute of Justice shall award all grants under this section relating to that subcategory.

(5)

Type of grants

One-third of the grants made under this section shall be made in each subcategory. In distributing grants, the recommendations of the Commission under section 2284(f) shall be considered.

(6)

Authorization of appropriations

There are authorized to be appropriated $18,000,000 to carry out this subsection.

(c)

Dedicated Staff

(1)

In general

The Director of the National Institute of Justice shall hire or assign a full-time employee to oversee the grants under this section.

(2)

Study oversight

The employee of the National Institute of Justice hired or assigned under paragraph (1) shall be responsible for ensuring that grantees adhere to the study design approved before the applicable grant was awarded.

(3)

Liaison

The employee of the National Institute of Justice hired or assigned under paragraph (1) may be used as a liaison between the Commission and the recipients of a grant under this section. That employee shall be responsible for ensuring timely cooperation with Commission requests.

(4)

Authorization of appropriations

There are authorized to be appropriated $150,000 for each of fiscal years 2008 through 2012 to carry out this subsection.

(d)

Applications

A public or private entity desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Director of the National Institute of Justice may reasonably require.

(e)

Cooperation With the Commission

Grant recipients shall cooperate with the Commission in providing them with full information on the progress of the strategy being carried out with a grant under this section, including—

(1)

hosting visits by the members of the Commission to the site where the activities under the strategy are being carried out;

(2)

providing pertinent information on the logistics of establishing the strategy for which the grant under this section was received, including details on partnerships, selection of participants, and any efforts to publicize the strategy; and

(3)

responding to any specific inquiries that may be made by the Commission.

C

School Safety and Student Protection Act of 2007

2301.

Short title

This subtitle may be cited as the School Safety and Student Protection Act of 2007.

2302.

Bullying prevention policies, programs, and statistics

(a)

State application

Section 4113(a) of such Act (20 U.S.C. 7113(a)) is amended—

(1)

in paragraph (9)—

(A)

in subparagraph (C), by striking and at the end;

(B)

by redesignating subparagraph (D) as subparagraph (F); and

(C)

by inserting after subparagraph (C) (as amended by subparagraph (A)) the following:

(D)

the incidence and prevalence of reported incidents of bullying;

(E)

the perception of students regarding their school environment, including with respect to the prevalence and seriousness of incidents of bullying and the responsiveness of the school to those incidents; and

.

(2)

in paragraph (18), by striking and at the end;

(3)

by redesignating paragraph (19) as paragraph (20);

(4)

by inserting after paragraph (18) (as amended by paragraph (2)) the following:

(19)

provides an assurance that the State educational agency will provide assistance to local educational agencies and schools in their efforts to prevent and appropriately respond to incidents of bullying, and describes how the State educational agency will meet the requirements of this paragraph; and

.

(b)

Local educational agency program application

Section 4114(d) of such Act (20 U.S.C. 7114(d)) is amended—

(1)

in paragraph (2)(B)(i)—

(A)

in the matter preceding subclause (I), by striking the semicolon and inserting a comma;

(B)

in subclause (I), by striking and at the end; and

(C)

by adding at the end the following:

(III)

performance indicators for bullying prevention programs and activities; and

; and

(2)

in paragraph (7)—

(A)

in subparagraph (A), by inserting , including bullying after disorderly conduct;

(B)

in subparagraph (D), by striking and at the end; and

(C)

by adding at the end the following:

(F)

annual notice to parents and students describing the full range of prohibited conduct contained in the discipline policies described in subparagraph (A); and

(G)

complaint procedures for students or parents who seek to register complaints regarding conduct prohibited by the discipline policies described in subparagraph (A), including—

(i)

the name of the school or local educational agency officials who are designated with the responsibility for receiving such complaints; and

(ii)

timelines that the school or local educational agency will follow to resolve such complaints;

.

(c)

Authorized activities

Section 4115(b)(2) of such Act (20 U.S.C. 7115(b)(2)) is amended—

(1)

in subparagraph (A)—

(A)

in clause (vi), by striking and at the end;

(B)

in clause (vii), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(viii)

teach students about the consequences of bullying.

; and

(2)

in subparagraph (E), by adding at the end the following:

(xxiii)

Programs that address the causes of bullying and that train teachers, administrators, and counselors regarding strategies to prevent bullying and to effectively intervene when bullying incidents occur.

.

(d)

Definitions

(1)

Drug violence and prevention

Paragraph (3)(B) of section 4151 of such Act (20 U.S.C. 7161) is amended by inserting bullying, after sexual harassment and abuse,.

(2)

Protective factor, buffer, or asset

Paragraph (6) of section 4151 of such Act is amended by inserting , including bullying, after violent behavior.

(3)

Risk factor

Paragraph (7) of section 4151 of such Act is amended by inserting , including bullying, after violent behavior.

(4)

Bullying and violence

Section 4151 of such Act is further amended—

(A)

by redesignating paragraphs (1) through (11) (as amended by paragraphs (1) through (3)) as paragraphs (2) through (12);

(B)

by inserting before paragraph (2) (as redesignated by subparagraph (A)) the following:

(1)

Bullying

The term bullying means any intentional written, electronic, verbal, or physical act or actions against another student that a reasonable person under the circumstances knows will have the effect of—

(A)

placing a student in reasonable fear of substantial harm to the student's emotional or physical well-being or substantial damage to the student's property;

(B)

creating a hostile, threatening, humiliating, or abusive educational environment due to the pervasiveness or persistence of actions or due to a power differential between the bully and the target;

(C)

interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits; or

(D)

perpetuating such conduct by inciting, soliciting, or coercing an individual or group to demean, dehumanize, embarrass, or cause emotional, psychological, or physical harm to another person.

; and

(C)

by adding at the end the following:

(13)

Violence

The term violence includes bullying.

.

(e)

Effect on other laws

(1)

Amendment

The Safe and Drug-Free Schools and Communities Act (20 U.S.C. 7101 et seq.) is amended by adding at the end the following:

4156.

Effect on other laws

(a)

Federal and State nondiscrimination laws

Nothing in this part shall be construed to alter legal standards regarding, or limit rights available to victims of, bullying under other Federal or State laws, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

(b)

Free speech and expression laws

Nothing in this part shall be construed to alter legal standards regarding, or affect the rights available to individuals under, other Federal laws that establish protections for freedom of speech and expression.

.

(2)

Clerical amendment

The table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by adding after the item relating to section 4155 the following:

Sec. 4156. Effect on other laws.

.

D

Civic Justice Corps Demonstration Act of 2007

2401.

Short title

This subtitle may be cited as the Civic Justice Corps Demonstration Act of 2007.

2402.

Purpose

The purpose of this subtitle is to provide competitive grants for community service programs modeled after the Civic Justice Corps programs for 16 through 25 year-olds who are court-involved, were previously incarcerated, or who are otherwise economically or educationally disadvantaged.

2403.

Definitions

In this subtitle, the term eligible entity means a nonprofit organization or a unit of local government.

2404.

Grants authorized

The Attorney General is authorized to make grants under this subtitle to establish and support community service programs in accordance with the purpose of the subtitle for a period of 5 years.

2405.

Application process

(a)

In general

An eligible entity shall submit an application to the Attorney General, who shall strive to achieve geographic balance in the allocation of funds.

(b)

Criteria

The Attorney General shall specify the information to be contained in the application, but successful applicants shall demonstrate the ability to meet the following criteria:

(1)

Implement a process to recruit and enroll 16 through 25 year-old court-involved, previously incarcerated, or otherwise economically or educationally disadvantaged young people.

(2)

Provide intensive support services to meet work and non-work related needs of court-involved participants, including reentry and aftercare issues.

(3)

Engage participants in a diploma-granting or credential-providing education program.

(4)

Engage court-involved youth in team-based community service projects.

(5)

Provide participants the opportunity to secure additional training and education.

(6)

Develop appropriate post-program placement and support services focused on employment preparation and education/training specifically leading to employment in high-growth industries.

(7)

Collect data on a regular basis and use a data-based management decision-making process driven by results.

(8)

Develop a sustainability plan.

(c)

Additional requirements

The application shall include evidence that the applicant has—

(1)

a clearly identified local need;

(2)

established relationships with justice agencies, employers, support services providers, education entities, and the workforce development system, and ability to form relationships with these entities;

(3)

established education programming with a preference for granting high school diplomas (or access to GED preparation and/or credentialed programs for those not able to obtain diplomas);

(4)

established a career preparation and life and work skill development program, including the ability to create pathways from service in the Civic Justice Corps program to enrollment in college/community college to enrollment in a pre-apprenticeship or apprenticeship or job;

(5)

an ability to provide effective services and support for alternative sentencing programs utilizing appropriate balanced and restorative justice principles;

(6)

an ability to engage in staff development designed to focus on the special needs of court-involved, previously incarcerated and disadvantaged young people (including sobriety, housing, transportation, lack of work experience) and providing the intensive services necessary to accommodate a successful transition to the Civil Justice Corps program;

(7)

an ability to provide high quality service projects that meet unmet community needs, including projects supporting energy conservation, environmental restoration, renovation of substandard housing, disaster prevention, relief and recovery, education, human services, and health care; and

(8)

developed a sustainability plan.

2406.

Reports and evaluation

(a)

Report

An eligible entity receiving a grant awarded under this subtitle shall submit a report annually to the Attorney General at such time, in such manner, and providing such information as the Attorney General may require.

(b)

Evaluation

The Attorney General shall provide for an external study and evaluation of the grants awarded under this subtitle that shall—

(1)

include an analysis and documentation of the strategies implemented and the key lessons learned related to program design, systems coordination, and implementation;

(2)

measure the outcomes, and progress toward the outcomes, of the strategies implemented in terms of enrollment, educational achievement, participation rates, recidivism, post-program retention, employment and entering post-secondary education;

(3)

document the incremental progress of young people over time on the measures above; and

(4)

begin at the initiation of the grants to the eligible entities.

2407.

Best practices

(a)

In general

The Attorney General shall—

(1)

provide technical assistance to grantees under this subtitle that request assistance; and

(2)

disseminate best practices that emerge from demonstration projects conducted under this subtitle.

(b)

Providers

Training and technical assistance providers under this section shall be national organizations with a proven track record of working with the Civic Justice Corps model and young people from disadvantaged backgrounds.

2408.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to carry out this subtitle $20,000,000 for fiscal year 2008, and such sums as necessary thereafter.

(b)

Allocation

Of the amounts appropriated to carry out this subtitle for each fiscal year—

(1)

90 percent shall be for grants to eligible entities;

(2)

5 percent shall be for technical assistance and dissemination of best practices; and

(3)

5 percent shall be for evaluation.

E

National Domestic Violence Volunteer Attorney Network Act

2501.

Short title

This subtitle may be cited as the National Domestic Violence Volunteer Attorney Network Act.

2502.

Definitions

In this subtitle, the terms dating partner, dating violence, domestic violence, legal assistance, linguistically and culturally specific services, stalking, and State domestic violence coalitions shall have the same meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162).

2503.

National domestic violence volunteer attorney network

Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg–6) is amended by adding at the end the following:

(g)

National domestic violence volunteer attorney network

(1)

In general

(A)

Grants

The Attorney General may award grants to the American Bar Association Commission on Domestic Violence to work in collaboration with the American Bar Association Committee on Pro Bono and Public Service and other organizations to create, recruit lawyers for, and provide training, mentoring, and technical assistance for a National Domestic Violence Volunteer Attorney Network.

(B)

Use of funds

Funds allocated to the American Bar Association’s Commission on Domestic Violence under this subsection shall be used to—

(i)

create and maintain a network to field and manage inquiries from volunteer lawyers seeking to represent and assist victims of domestic violence;

(ii)

solicit lawyers to serve as volunteer lawyers in the network;

(iii)

retain dedicated staff to support volunteer attorneys by—

(I)

providing field technical assistance inquiries;

(II)

providing on-going mentoring and support;

(III)

collaborating with national domestic violence legal technical assistance providers and statewide legal coordinators and local legal services programs; and

(IV)

developing legal education and other training materials; and

(iv)

maintain a point of contact with the statewide legal coordinator in each State regarding coordination of training, mentoring, and supporting volunteer attorneys representing victims of domestic violence.

(2)

Authorization

There are authorized to be appropriated to carry out this subsection $2,000,000 for each of the fiscal years 2008 and 2009 and $3,000,000 for each of the fiscal years 2010 through 2013.

(3)

Eligibility for other grants

A receipt of an award under this subsection by the Commission on Domestic Violence of the American Bar Association shall not preclude the Commission from receiving additional grants under the Office on Violence Against Women’s Technical Assistance Program to carry out the purposes of that program.

(4)

Other conditions

(A)

Prohibition on tort litigation

Funds appropriated for the grant program under this subsection may not be used to fund civil representation in a lawsuit based on a tort claim. This subparagraph shall not be construed as a prohibition on providing assistance to obtain restitution.

(B)

Prohibition on lobbying

Any funds appropriated under this subsection shall be subject to the prohibitions in section 1913 of title 18, United States Code, relating to lobbying with appropriated moneys.

.

2504.

Domestic violence volunteer attorney referral program

(a)

Pilot program

(1)

In general

For fiscal years 2008 and 2009, the Office on Violence Against Women of the Department of Justice, in consultation with the Domestic Violence Legal Advisory Task Force, shall designate 5 States in which to implement the pilot program of the National Domestic Violence Volunteer Attorney Referral Project and distribute funds under this subsection.

(2)

Criteria

Criteria for selecting the States for the pilot program under this subsection shall include—

(A)

equitable distribution between urban and rural areas, equitable geographical distribution;

(B)

States that have a demonstrated capacity to coordinate among local and statewide domestic violence organizations;

(C)

organizations serving immigrant women; and

(D)

volunteer legal services offices throughout the State.

(3)

Purpose

The purpose of the pilot program under this subsection is to—

(A)

provide for a coordinated system of ensuring that domestic violence victims throughout the pilot States have access to safe, culturally, and linguistically appropriate representation in all legal matters arising as a consequence of the abuse or violence; and

(B)

support statewide legal coordinators in each State to manage referrals for victims to attorneys and to train attorneys on related domestic violence issues.

(4)

Role of statewide legal coordinator

A statewide legal coordinator under this subsection shall—

(A)

be employed by the statewide domestic violence coalition, unless the statewide domestic violence coalition determines that the needs of victims throughout the State would be best served if the coordinator was employed by another statewide organization;

(B)

develop and maintain an updated database of attorneys throughout the State, including—

(i)

legal services programs;

(ii)

volunteer programs;

(iii)

organizations serving immigrant women;

(iv)

law school clinical programs;

(v)

bar associations;

(vi)

attorneys in the National Domestic Violence Volunteer Attorney Network; and

(vii)

local domestic violence programs;

(C)

consult and coordinate with existing statewide and local programs including volunteer representation projects or statewide legal services programs;

(D)

provide referrals to victims who are seeking legal representation in matters arising as a consequence of the abuse or violence;

(E)

participate in biannual meetings with other Pilot Program grantees, American Bar Association Commission on Domestic Violence, American Bar Association Committee on Pro Bono and Public Service, and national domestic violence legal technical assistance providers;

(F)

receive referrals of victims seeking legal representation from the National Domestic Violence Hotline and other sources;

(G)

receive and disseminate information regarding volunteer attorneys and training and mentoring opportunities; and

(H)

work with the Office on Violence Against Women, the American Bar Association Commission on Domestic Violence, and the National Domestic Violence Legal Advisory Task Force to assess the effectiveness of the Pilot Program.

(5)

Eligibility for grants

The Attorney General shall award grants to statewide legal coordinators under this subsection.

(6)

Authorization of appropriations

There are authorized to be appropriated $750,000 for each of fiscal years 2008 and 2009 to fund the statewide coordinator positions and other costs associated with the position in the 5 pilot program States under this subsection.

(7)

Evaluation and reporting

An entity receiving a grant under this subsection shall submit to the Department of Justice a report detailing the activities taken with the grant funds, including such additional information as the agency shall require.

(b)

National program

(1)

Purpose

The purpose of the national program under this subsection is to—

(A)

provide for a coordinated system of ensuring that domestic violence victims throughout the country have access to safe, culturally and linguistically appropriate representation in legal matters arising as a consequence of the abuse or violence; and

(B)

support statewide legal coordinators in each State to coordinate referrals to domestic violence attorneys and to train attorneys on related domestic violence issues, including immigration matters.

(2)

Grants

The Attorney General shall award grants to States for the purposes set forth in subsection (a) and to support designated statewide legal coordinators under this subsection.

(3)

Role of the statewide legal coordinator

The statewide legal coordinator under this subsection shall be subject to the requirements and responsibilities provided in subsection (a)(4).

(4)

Guidelines

The Office on Violence Against Women, in consultation with the Domestic Violence Legal Advisory Task Force and the results detailed in the Study of Legal Representation of Domestic Violence Victims, shall develop guidelines for the implementation of the national program under this section, based on the effectiveness of the Pilot Program in improving victims’ access to culturally and linguistically appropriate legal representation in the pilot States.

(5)

Authorization of appropriations

There are authorized to be appropriated $8,000,000 for each of fiscal years 2010 through 2013 to fund the statewide coordinator position in every State and other costs associated with the position.

(6)

Evaluation and reporting

An entity receiving a grant under this subsection shall submit to the Department of Justice a report detailing the activities taken with the grant funds, including such additional information as the agency shall require.

2505.

Technical assistance for the national domestic violence volunteer attorney network

(a)

Purposes

The purpose of this section is to allow—

(1)

national domestic violence legal technical assistance providers to expand their services to provide training and ongoing technical assistance to volunteer attorneys in the National Domestic Violence Volunteer Attorney Network; and

(2)

providers of domestic violence law to receive additional funding to train and assist attorneys in the areas of—

(A)

custody and child support;

(B)

employment;

(C)

housing;

(D)

immigrant victims’ legal needs (including immigration, protection order, family and public benefits issues); and

(E)

interstate custody and relocation law.

(b)

Grants

The Attorney General shall award grants to national domestic violence legal technical assistance providers to expand their services to provide training and ongoing technical assistance to volunteer attorneys in the National Domestic Violence Volunteer Attorney Network, statewide legal coordinators, the National Domestic Violence Hotline and Internet-based legal referral organizations described in section 1201(i)(1) of the Violence Against Women Act of 2000, as added by section 6.

(c)

Eligibility for other grants

A receipt of an award under this section shall not preclude the national domestic violence legal technical assistance providers from receiving additional grants under the Office on Violence Against Women’s Technical Assistance Program to carry out the purposes of that program.

(d)

Eligible entities

In this section, an eligible entity is a national domestic violence legal technical assistance provider that—

(1)

has expertise on legal issues that arise in cases of victims of domestic violence, dating violence and stalking, including family, immigration, housing, protection order, public benefits, custody, child support, interstate custody and relocation, employment and other civil legal needs of victims; and

(2)

has an established record of providing technical assistance and support to lawyers representing victims of domestic violence.

(e)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $800,000 for national domestic violence legal technical assistance providers for each fiscal year from 2008 through 2013.

2506.

National domestic violence hotline legal referrals

Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg–6) is amended by adding at the end the following:

(h)

Legal referrals by the national domestic violence hotline

(1)

In general

The Attorney General may award grants to the National Domestic Violence Hotline (as authorized by section 316 of the Family Violence Prevention and Services Act (42 U.S.C. 10416)) to provide information about statewide legal coordinators and legal services.

(2)

Use of funds

Funds allocated to the National Domestic Violence Hotline under this subsection shall be used to—

(A)

update the Hotline’s technology and systems to reflect legal services and referrals to statewide legal coordinators;

(B)

collaborate with the American Bar Association Commission on Domestic Violence and the national domestic violence legal technical assistance providers to train and provide appropriate assistance to the Hotline’s advocates on legal services; and

(C)

maintain a network of legal services and statewide legal coordinators and collaborate with the American Bar Association Commission on Domestic Violence.

(3)

Authorization

There are to be appropriated to carry out this subsection $500,000 for each of fiscal years 2008 through 2013.

(i)

Legal referrals by internet-based services for domestic violence victims

(1)

In general

The Attorney General may award grants to Internet-based non-profit organizations with a demonstrated expertise on domestic violence to provide State-specific information about statewide legal coordinators and legal services through the Internet.

(2)

Use of funds

Funds allocated to Internet-based organizations under this subsection shall be used to—

(A)

collaborate with the American Bar Association Commission on Domestic Violence and the national domestic violence legal technical assistance providers to train and provide appropriate assistance to personnel on referring legal services; and

(B)

maintain a network of legal services and statewide legal coordinators, and collaborate with the American Bar Association Commission on Domestic Violence and the National Domestic Violence Hotline.

(3)

Authorization

There are to be appropriated to carry out this subsection $250,000 for each fiscal years of 2008 through 2013.

.

2507.

Study of legal representation of domestic violence victims

(a)

In general

The Government Accountability Office shall study the scope and quality of legal representation and advocacy for victims of domestic violence, dating violence, and stalking, including the provision of culturally and linguistically appropriate services.

(b)

Scope of study

The Government Accountability Office shall specifically assess the representation and advocacy of—

(1)

organizations providing direct legal services and other support to victims of domestic violence, dating violence, and stalking, including Legal Services Corporation grantees, non-Legal Services Corporation legal services organizations, domestic violence programs receiving Legal Assistance for Victims grants or other Violence Against Women Act funds to provide legal assistance, volunteer programs (including those operated by bar associations and law firms), law schools which operate domestic violence, and family law clinical programs; and

(2)

organizations providing support to direct legal services delivery programs and to their volunteer attorneys, including State coalitions on domestic violence, National Legal Aid and Defender Association, the American Bar Association Commission on Domestic Violence, the American Bar Association Committee on Pro Bono and Public Service, State bar associations, judicial organizations, and national advocacy organizations (including the Legal Resource Center on Violence Against Women, and the National Center on Full Faith and Credit).

(c)

Assessment

The assessment shall, with respect to each entity under subsection (b), include—

(1)

what kind of legal assistance is provided to victims of domestic violence, such as counseling or representation in court proceedings;

(2)

number of lawyers on staff;

(3)

how legal services are being administered in a culturally and linguistically appropriate manner, and the number of multilingual advocates;

(4)

what type of cases are related to the abuse, such as protective orders, divorce, housing, and child custody matters, and immigration filings;

(5)

what referral mechanisms are used to match a lawyer with a domestic violence victim;

(6)

what, if any, collaborative partnerships are in place between the legal services program and domestic violence agencies;

(7)

what existing technical assistance or training on domestic violence and legal skills is provided to attorneys providing legal services to victims of domestic violence;

(8)

what training or technical assistance for attorneys would improve the provision of legal services to victims of domestic violence;

(9)

how does the organization manage means-testing or income requirements for clients;

(10)

what, if any legal support is provided by non-lawyer victim advocates; and

(11)

whether they provide support to or sponsor a pro bono legal program providing legal representation to victims of domestic violence.

(d)

Report

Not later than 1 year after the date of enactment of this Act, the Government Accountability Office shall submit to Congress a report on the findings and recommendations of the study required by this section.

2508.

Establish a domestic violence legal advisory task force

(a)

In general

The Attorney General shall establish the Domestic Violence Legal Advisory Task Force to provide guidance for the implementation of the Study of Legal Representation of Domestic Violence Victims, the Pilot Program for the National Domestic Violence Volunteer Attorney Referral Project, and the National Program for the National Domestic Violence Volunteer Attorney Referral Project.

(b)

Composition

The Task Force established under this section shall be composed of experts in providing legal assistance to domestic violence victims and developing effective volunteer programs providing legal assistance to domestic violence victims, including judges with expertise on domestic violence, individuals with experience representing low-income domestic violence victims, and private bar members involved with volunteer legal services.

(c)

Responsibilities

The Task Force shall provide—

(1)

ongoing advice to the American Bar Association Commission on Domestic Violence, the National Domestic Violence Hotline, and the Statewide Coordinators regarding implementation of the Pilot Program and the National Program of the Domestic Violence Volunteer Attorney Referral Project;

(2)

recommendations to the Office on Violence Against Women regarding the selection of the 5 sites for the Pilot Program; and

(3)

attend regular meetings covered by American Bar Association Commission or Domestic Violence.

(d)

Report

The Task Force shall report to Congress every 2 years on its work under this section.

(e)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $100,000 for each of fiscal years 2008 through 2013.

F

Juvenile Delinquency Court Improvement

2601.

Juvenile Delinquency Court Improvement Act

Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part F, as added by section 2143, the following:

G

Juvenile Delinquency Court Improvement Act

281A.

Short title

This part may be cited as the Juvenile Delinquency Court Improvement Act.

281B.

Grants

The Attorney General, through the Office of Juvenile Justice and Delinquency Prevention, may make grants to assist State courts to—

(1)

assess current juvenile delinquency and status offense practice in order to identify areas in need of improvement; and

(2)

implement improvements deemed necessary by the highest courts of the State courts as a result of the assessments described in paragraph (1), including—

(A)

meeting the needs of juvenile offenders (including status offenders), while ensuring public safety; and

(B)

implementing a corrective action plan, as necessary, based on the assessments described in paragraph (1).

281C.

Authorized activities

A grantee under this part may carry out activities that support State court efforts to assess and improve current juvenile delinquency practice, including—

(1)

providing training and technical assistance for members of the judiciary, public defenders, prosecutors, and juvenile justice professionals statewide in order to assess and improve practice;

(2)

developing data information systems to track movement of youth through the juvenile justice system, trends in case management, outcomes resulting from various sanctions and services provided; and

(3)

evaluating practice improvements implemented by State juvenile delinquency courts.

281D.

Eligible entities

Eligible grantees under this part are the highest courts of the States.

281E.

Authorization of appropriations

(a)

In general

There is authorized to be appropriated to carry out this part such sums as are necessary for each of fiscal years 2008 to 2011.

(b)

Availability

Funds appropriated under this section shall remain available until expended and may only be used for the specific programs and activities described in this part.

.

2602.

The Juvenile Delinquency Judicial Training and Technical Assistance Act

Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part G, as added by section 2601, the following:

H

The Juvenile Delinquency Judicial Training and Technical Assistance Act

282A.

Short title

This part may be cited as the Juvenile Delinquency Judicial Training and Technical Assistance Act.

282B.

Purpose

The purpose of this part is to enable the Attorney General, through the Office of Juvenile Justice and Delinquency Prevention, to make grants to improve juvenile delinquency practice in State courts.

282C.

Grants

The Attorney General, acting through the Office of Juvenile Justice and Delinquency Prevention, may make grants to States for—

(1)

providing training and technical assistance to judges hearing juvenile delinquency and status offense cases, in order to improve the knowledge and judicial decisionmaking of such judges;

(2)

providing training and technical assistance to public defenders and prosecutors who practice in the juvenile court system;

(3)

promoting, through training, the principles and guidelines outlined in Juvenile Delinquency Guidelines: Improving Court Practice in Juvenile Delinquency Cases (National Council of Juvenile and Family Court Judges), in order to improve outcomes for children and youth in the juvenile justice system;

(4)

enabling systems change in the juvenile court systems by supporting collaboration between courts and juvenile justice agencies;

(5)

establishing and maintaining model courts;

(6)

helping juvenile courts to develop data information systems to track movement of youth through the juvenile justice system, and to track trends in case management;

(7)

providing interdisciplinary education, publications, research, and mentoring to courts seeking to improve court and system responses in juvenile delinquency and status offense cases; and

(8)

developing other projects likely to improve juvenile court and system responses in juvenile delinquency and status offense cases.

282D.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to carry out this part $4,000,000 for each of fiscal years 2008 to 2011.

(b)

Availability

Amounts appropriated under this section shall remain available until expended and may only be used for the specific programs and activities described in this part.

.

2603.

The Juvenile and Family Court Training, Technical Assistance, and Data Collection Act

Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part H, as added by section 2602, the following:

I

The Juvenile and Family Court Training, Technical Assistance, and Data Collection Act

283A.

Short title

This part may be cited as the Juvenile and Family Court Training, Technical Assistance, and Data Collection Act.

283B.

Purpose

The purpose of this part is to enable the Attorney General, though the Office on Juvenile Justice and Delinquency Prevention, to award grants to improve juvenile and family court responses.

283C.

Grants

The Attorney General, acting though the Office on Juvenile Justice and Delinquency Prevention, may make grants to eligible organizations for—

(1)

training and technical assistance for judges and court-related personnel to improve system effectiveness and judicial decisionmaking in juvenile cases;

(2)

the archiving of juvenile court case records, in order to provide empirical information to support policy decisionmaking and to study the roots of juvenile justice policies and practices;

(3)

the development of internet-based repositories of information about issues of interest to judges, public defenders, prosecutors, and other court-related personnel of State juvenile courts, including descriptions of effective juvenile justice systems, summarizing juvenile justice trends, and developing educational and policy materials on effective juvenile court practices;

(4)

training and technical assistance to judges and court-related personnel on child abuse, neglect, and permanency planning; and

(5)

other projects likely to improve juvenile court responses and systems.

283D.

Definition

In this section, the term eligible organization means a national private, nonprofit organization with—

(1)

demonstrated expertise in developing and providing judicial education about juvenile justice systems and practice and permanency planning;

(2)

demonstrated capacity to provide education and outreach to juvenile court judges and court-related personnel through membership services and leadership in developing model standards; and

(3)

a board or membership composed primarily of judges.

283E.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to carry out this part $4,000,000 for each of fiscal years 2008 to 2011.

(b)

Availability

Amounts appropriated under this section shall remain available until expended and may only be used for the specific programs and activities described in this part.

.

2604.

Model Courts Enhancements Act

Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by inserting after part I, as added by section 2603, the following:

J

Model Courts Enhancements Act

284A.

Short title

This part may be cited as the Model Courts Enhancements Act.

284B.

Grants

The Attorney General, though the Office on Juvenile Justice and Delinquency Prevention, may award grants to improve court practice in handling of child abuse and neglect cases in urban, rural, and tribal jurisdictions by supporting—

(1)

training and technical assistance to juvenile judges, public defenders, prosecutors, and other court-related personnel based on Resource Guidelines: Improving Court Practice in Child Abuse & Neglect Cases (National Council of Juvenile and Family Court Judges) in order to improve outcomes for children and their families in the Nation's foster care system;

(2)

systems change through collaborations between courts and child welfare agencies;

(3)

the establishment and maintenance of model courts;

(4)

providing interdisciplinary training, publications, research, and mentoring to courts seeking to improve responses in child abuse and neglect cases; and

(5)

other projects likely to improve juvenile court responses and systems in child abuse and neglect cases, foster care interventions, and permanency planning.

284C.

Grant requirements

Eligible grantees under this part are national private, nonprofit organizations with—

(1)

a demonstrated expertise in developing and providing judicial education about juvenile justice systems and practice and child welfare, foster care, and permanency planning;

(2)

a demonstrated capacity to provide education and outreach to juvenile court judges and court-related personnel through membership services and leadership in developing model standards; and

(3)

a board or membership composed primarily of judges.

284D.

Authorization of appropriations

(a)

In general

There is authorized to be appropriated to carry out this part $4,000,000 for each of fiscal years 2008 to 2011.

(b)

Availability

Funds appropriated under this section shall remain available until expended and may only be used for the specific programs and activities described in this part.

.

G

Improving Assistance to Domestic and Sexual Violence Victims Act of 2007

2701.

Short title

This subtitle may be cited as the Improving Assistance to Domestic and Sexual Violence Victims Act of 2007.

2702.

Definitions and universal grant conditions

(a)

Youth definition

Section 40002(a)(37) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(36)), as added by section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162), is amended to read as follows:

(37)

Youth

The term youth means teen and young adult victims of domestic violence, dating violence, sexual assault, or stalking between the ages of 12 and 24.

.

(b)

Expertise requirement

Section 40002(b)(11) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(11)), as added by section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162), is amended by adding at the end the following: The Director of the Office on Violence Against Women shall ensure that training or technical assistance will be developed and provided by entities having demonstrated expertise in the purposes, uses of funds, and other aspects of the grant program for which such training or technical assistance is provided..

(c)

State obligations

Section 40002(b)(2) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)) is amended by inserting at the end the following:

(F)

No obligation of State

Share of match not required in accordance with this paragraph is waived and does not become the obligation of the State.

.

(d)

Federal obligations

(1)

In general

Section 2007(f) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1(f)) is amended by striking the period and inserting , except that the Federal share may exceed 75 percent when grantees have received a hardship waiver under section 40002(b)(1)(B) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(1)(B)) or for that portion of a grant that supports subgrants to entities exempt from match under section 40002(b)(1)(A) or (b)(1)(B) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(1)(A) and (B)).

(2)

Technical amendment

Section 40002(b)(1) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(1)), as added by section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–1625), is amended by striking under this Act for and inserting under this Act to.

(e)

Treatment of confidential information

Section 40002(b)(2) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(b)(2)) is amended—

(1)

in subparagraph (A), by inserting privacy and before safety;

(2)

in subparagraph (B)—

(A)

by striking and (D), and inserting (D), (E), (F), (G), and (H),;

(B)

in clause (ii) by—

(i)

striking consent and inserting authorization;

(ii)

striking (or in the case of an unemancipated minor, the minor and the parent or guardian or in the case of persons with disabilities, the guardian); and

(iii)

striking , except that consent for release may not be given by the abuser of the minor, person with disabilities, or the abuser of the other parent of the minor. and inserting ; or; and

(3)

by designating subparagraph (E) as subparagraph (H) and inserting after subparagraph (D) the following:

(E)

Statutorily permitted reports of abuse or neglect

Nothing shall prohibit a grantee or subgrantee from reporting abuse and neglect as those terms are defined by law and where mandated or expressly permitted by the State, tribe, or territory.

(F)

Preemption

Nothing in this section shall be construed to supersede any provision of any Federal, State, tribal, territorial, or local law that provides greater protection than this paragraph for victims of domestic violence, dating violence, sexual assault, or stalking.

(G)

Minors and persons with guardians

If a minor or a person with a guardian is permitted by law to receive services without the parent's or guardian’s consent, the minor or person with a guardian may release information without additional consent. Under any condition, consent for release of information may not be given by the abuser of the minor, or person with a guardian, or the abuser of the other parent of the minor.

.

2703.

Criminal justice

(a)

Application requirements

Section 2007(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–1(d)) is amended—

(1)

in paragraph (3) by striking and after the semicolon;

(2)

in paragraph (4), by striking the period and inserting and; and

(3)

by inserting at the end the following:

(5)

proof of compliance with the requirements prohibiting the publication of protection order information on the Internet provided in section 2013A.

.

(b)

Limits on internet publication of protection order information

Section 2265(d) of title 18, United States Code, is amended by striking paragraph (3).

(c)

State certification

Part T of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) is amended by inserting after section 2013 the following:

2013A.

Limits on internet publication of protection order information

(a)

In general

A State, Indian tribe, or territory shall not make available publicly on the Internet any information regarding the filing for or issuance, modification, registration, extension or enforcement of a protection order, restraining order, or injunction in either the issuing or enforcing State, tribal or territorial jurisdiction, if such publication would be likely to publicly reveal the identity or location of the party protected under such order.

(b)

Exception

A State, Indian tribe, or territory may share court generated and law enforcement-generated information about such orders if that information is contained in secure, governmental registries for protection order enforcement purposes.

.

(d)

Health care professionals

Section 2010(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is amended by striking trained examiners for and inserting health care professionals for adult, youth, and child.

(e)

Rural State

Section 40002 (a)(22) of the Violence Against Women Act of 1994 (42 U.S.C. 13925 (a)(22)), is amended by striking 150,000 and inserting 200,000.

(f)

Costs for criminal charges and protection orders

Section 2011 (a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–5 (a)(1)), as redesignated by the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107–273), is amended by inserting dating violence, before stalking.

(g)

Grants To encourage arrest policies and enforcement of protection orders

Section 2101(c)(4) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)(4)) is amended by inserting dating violence, before stalking.

2704.

Families

Section 41304 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d–3), as added by section 401 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162), is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking Attorney General, acting through the Director of the Office on Violence Against Women, and in collaboration with the Department of Health and Human Services and inserting Secretary of Health and Human Services (in this section referred to as the Secretary), through the Administration for Children, Youth and Families;

(B)

in paragraph (2) by striking Director and inserting Secretary; and

(C)

in paragraph (3) by striking Director and inserting Secretary; and

(2)

in subsection (d)(1), by striking Director both places it appears and inserting Secretary.

2705.

Housing

(a)

Section 6

Section 6(u)(1)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437d) is amended by inserting , as described in subparagraph (C), after HUD approved certification form.

(b)

Section 8

Section 8(ee)(1)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting , as described in subparagraph (C), after HUD approved certification form.

2706.

Economic security

(a)

Authority

Section 41501(a) of the Violence Against Women Act of 1994 (42 U.S.C. 14043f(a)) is amended by—

(1)

striking The Attorney General and inserting the following:

(1)

In general

The Attorney General

; and

(2)

striking the last sentence and inserting the following:

(2)

Information and assistance

The resource center shall provide information and assistance to employers and labor organizations to—

(A)

aid in their efforts to develop and implement responses to such violence; and

(B)

victims service providers, including community-based organizations and tribal coalitions, to enable to them to provide resource materials or other assistance to employers, labor organizations, or employees.

.

(b)

Entities providing assistance

Section 41501 (c)(1) of the Violence Against Women Act of 1994 (42 U.S.C. 14043f(c)(1)) is amended by striking and labor organizations and inserting , labor organizations, victim service providers, community-based organizations, State domestic violence coalitions, State sexual assault coalitions, and tribal coalitions.

2707.

Tribal issues

(a)

Consultation

Section 903 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 is amended by inserting at the end the following:

(c)

Report to Congress

The Attorney General shall ensure that no later than 3 months after the date the annual consultation is held, a report is submitted to the Committee on Indian Affairs and the Judiciary Committee of the Senate, the Judiciary Committee and the Committee on Natural Resources of the House of Representatives summarizing the consultation, request of Indian tribes for enhancing the safety of Indian women, the investigative efforts of the Federal Bureau of Investigation and prosecutorial efforts of the United States Attorneys on cases of domestic violence, sexual assault, dating violence and stalking, the statistics of investigations, indictments and convictions of such cases for the preceding 3 years.

.

(b)

Grants to indian tribal governments

Section 2015 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–10) is amended by inserting at the end the following:

(c)

Availability

Funds appropriated under this section shall remain available until expended and may only be used for the specific programs and activities described in this title.

(d)

Duration

Grants made under this section shall be for no more than a 24-month project period. Extension of the project period shall be allowable.

(e)

Technical assistance

No later than 120 days after receiving an appropriation for this program, the Director of the Office on Violence Against Women shall set aside not less than 6 percent of the total amount of the funds made available under this section for the purpose of entering into cooperative agreements with a tribal organization with demonstrated experience in providing training and technical experience to Indian tribes in addressing violence against Indian women. Such training and technical experience shall be specifically designed to address the unique legal status and geographic circumstances of the Indian tribes receiving funds under this program.

.

2708.

Polygraph procedures

(a)

STOP grants

Section 2013(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg(a)) is amended by striking as a condition for proceeding with the investigation of such an offense.

(b)

Grants To encourage arrest

Section 2101(c)(5)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(c)(5)(A)) is amended by striking as a condition for proceeding with the investigation of such an offense.

2709.

Sexual assault nurse examiners

Section 2101(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh(b)) is amended by adding the following after paragraph (13):

(14)

To provide for sexual assault forensic medical personnel examiners in the collection and preservation of evidence, analysis, prevention, expert testimony, and treatment of trauma related to sexual assault.

.

III

Protecting communities by reducing recidivism

A

Enhanced Second Chance Act of 2007

3101.

Short title

This subtitle may be cited as the Enhanced Second Chance Act of 2007.

3102.

Finding

Congress finds the following:

(1)

In 2002, over 7,000,000 people were incarcerated in Federal or State prisons or in local jails. Nearly 650,000 people are released from Federal and State incarceration into communities nationwide each year.

(2)

There are over 3,200 jails throughout the United States, the vast majority of which are operated by county governments. Each year, these jails will release more than 10,000,000 people back into the community.

(3)

Recent studies indicate that over 2/3 of released State prisoners are expected to be rearrested for a felony or serious misdemeanor within 3 years after release.

(4)

According to the Bureau of Justice Statistics, expenditures on corrections alone increased from $9,000,000,000 in 1982, to $59,600,000,000 in 2002. These figures do not include the cost of arrest and prosecution, nor do they take into account the cost to victims.

(5)

The Serious and Violent Offender Reentry Initiative provided $139,000,000 in funding for State governments to develop and implement education, job training, mental health treatment, and substance abuse treatment for serious and violent offenders. This subtitle seeks to build upon the innovative and successful State reentry programs developed under the Serious and Violent Offender Reentry Initiative, which terminated after fiscal year 2005.

(6)

Between 1991 and 1999, the number of children with a parent in a Federal or State correctional facility increased by more than 100 percent, from approximately 900,000 to approximately 2,000,000. According to the Bureau of Prisons, there is evidence to suggest that inmates who are connected to their children and families are more likely to avoid negative incidents and have reduced sentences.

(7)

Released prisoners cite family support as the most important factor in helping them stay out of prison. Research suggests that families are an often underutilized resource in the reentry process.

(8)

Approximately 100,000 juveniles (ages 17 years and under) leave juvenile correctional facilities, State prison, or Federal prison each year. Juveniles released from secure confinement still have their likely prime crime years ahead of them. Juveniles released from secure confinement have a recidivism rate ranging from 55 to 75 percent. The chances that young people will successfully transition into society improve with effective reentry and aftercare programs.

(9)

Studies have shown that between 15 percent and 27 percent of prisoners expect to go to homeless shelters upon release from prison.

(10)

Fifty-seven percent of Federal and 70 percent of State inmates used drugs regularly before going to prison, and the Bureau of Justice Statistics report titled Trends in State Parole, 1990–2000 estimates the use of drugs or alcohol around the time of the offense that resulted in the incarceration of the inmate at as high as 84 percent.

(11)

The high prevalence of infectious disease, substance abuse, and mental health disorders that has been found in incarcerated populations demands that a recovery model of treatment should be used for handling the more than 2/3 of all offenders with such needs.

(12)

Family-based treatment programs have proven results for serving the special populations of female offenders and substance abusers with children. An evaluation by the Substance Abuse and Mental Health Services Administration of family-based treatment for substance-abusing mothers and children found that 6 months after such treatment, 60 percent of the mothers remained alcohol and drug free, and drug-related offenses declined from 28 percent to 7 percent. Additionally, a 2003 evaluation of residential family-based treatment programs revealed that 60 percent of mothers remained clean and sober 6 months after treatment, criminal arrests declined by 43 percent, and 88 percent of the children treated in the program with their mothers remained stabilized.

(13)

A Bureau of Justice Statistics analysis indicated that only 33 percent of Federal inmates and 36 percent of State inmates had participated in residential inpatient treatment programs for alcohol and drug abuse 12 months before their release. Further, over 1/3 of all jail inmates have some physical or mental disability and 25 percent of jail inmates have been treated at some time for a mental or emotional problem.

(14)

State Substance Abuse Agency Directors, also known as Single State Authorities (in this paragraph referred to as SSAs), manage the publicly funded substance abuse prevention and treatment system of the Nation. SSAs are responsible for planning and implementing statewide systems of care that provide clinically appropriate substance abuse services. Given the high rate of substance use disorders among offenders reentering our communities, successful reentry programs require close interaction and collaboration with each SSA as the program is planned, implemented and evaluated.

(15)

According to the National Institute of Literacy, 70 percent of all prisoners function at the lowest literacy levels.

(16)

Less than 32 percent of State prison inmates have a high school diploma or a higher level of education, compared to 82 percent of the general population.

(17)

Approximately 38 percent of inmates who completed 11 years or less of school were not working before entry into prison.

(18)

The percentage of State prisoners participating in educational programs decreased by more than 8 percent between 1991 and 1997, despite growing evidence of how educational programming while incarcerated reduces recidivism.

(19)

The National Institute of Justice has found that 1 year after release, up to 60 percent of former inmates are not employed.

(20)

Transitional jobs programs have proven to help people with criminal records to successfully return to the workplace and to the community, and therefore can reduce recidivism.

(21)

Successful reentry protects those who might otherwise be crime victims. It also improves the likelihood that individuals released from prison or juvenile detention facilities can pay fines, fees, restitution, and family support.

(22)

Participation in State correctional education programs lowers the likelihood of reincarceration by 29 percent, according to a recent United States Department of Education study. A Federal Bureau of Prisons study found a 33 percent drop in recidivism among Federal prisoners who participated in vocational and apprenticeship training.

3103.

Reauthorization of adult and juvenile offender State and local reentry demonstration projects

(a)

Adult offender demonstration projects authorized

Section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(b)) is amended by striking paragraphs (1) through (4) and inserting the following:

(1)

establishing or improving the system or systems under which—

(A)

the correctional agency of the State or local government develops and carries out plans to facilitate the reentry into the community of each offender in State or local custody;

(B)

the supervision and services provided to offenders in State or local custody are coordinated with the supervision and services provided to offenders after reentry into the community;

(C)

the efforts of various public and private entities to provide supervision and services to offenders after reentry into the community, and to family members of such offenders, are coordinated; and

(D)

offenders awaiting reentry into the community are provided with documents (such as identification papers, referrals to services, medical prescriptions, job training certificates, apprenticeship papers, and information on obtaining public assistance) useful in achieving a successful transition from prison;

(2)

carrying out programs and initiatives by units of local government to strengthen reentry services for individuals released from local jails;

(3)

enabling prison mentors of offenders to remain in contact with those offenders, including through the use of such technology as videoconferencing, during incarceration and after reentry into the community and encouraging the involvement of prison mentors in the reentry process;

(4)

providing structured post-release housing and transitional housing, including group homes for recovering substance abusers, through which offenders are provided supervision and services immediately following reentry into the community;

(5)

assisting offenders in securing permanent housing upon release or following a stay in transitional housing;

(6)

providing continuity of health services (including mental health services, substance abuse treatment and aftercare, and treatment for contagious diseases) to offenders in custody and after reentry into the community;

(7)

providing offenders with education, job training, English as a second language programs, work experience programs, self-respect and life skills training, and other skills useful in achieving a successful transition from prison;

(8)

facilitating collaboration among corrections and community corrections, technical schools, community colleges, and the workforce development and employment service sectors to—

(A)

promote, where appropriate, the employment of people released from prison and jail, through efforts such as educating employers about existing financial incentives and facilitate the creation of job opportunities, including transitional jobs, for this population that will benefit communities;

(B)

connect inmates to employment, including supportive employment and employment services, before their release to the community;

(C)

address barriers to employment, including licensing; and

(D)

identify labor market needs to ensure that education and training are appropriate;

(9)

assessing the literacy and educational needs of offenders in custody and identifying and providing services appropriate to meet those needs, including followup assessments and long-term services;

(10)

systems under which family members of offenders are involved in facilitating the successful reentry of those offenders into the community, including removing obstacles to the maintenance of family relationships while the offender is in custody, strengthening the family's capacity to function as a stable living situation during reentry where appropriate to the safety and well-being of any children involved, and involving family members in the planning and implementation of the reentry process;

(11)

programs under which victims are included, on a voluntary basis, in the reentry process;

(12)

programs that facilitate visitation and maintenance of family relationships with respect to offenders in custody by addressing obstacles such as travel, telephone costs, mail restrictions, and restrictive visitation policies;

(13)

identifying and addressing barriers to collaborating with child welfare agencies in the provision of services jointly to offenders in custody and to the children of such offenders;

(14)

implementing programs in correctional agencies to include the collection of information regarding any dependent children of an incarcerated person as part of intake procedures, including the number of children, age, and location or jurisdiction, and connect identified children with appropriate services;

(15)

addressing barriers to the visitation of children with an incarcerated parent, and maintenance of the parent-child relationship, such as the location of facilities in remote areas, telephone costs, mail restrictions, and visitation policies;

(16)

creating, developing, or enhancing prisoner and family assessments curricula, policies, procedures, or programs (including mentoring programs) to help prisoners with a history or identified risk of domestic violence, dating violence, sexual assault, or stalking reconnect with their families and communities, as appropriate (or when it is safe to do so), and become mutually respectful, nonabusive parents or partners, under which particular attention is paid to the safety of children affected and the confidentiality concerns of victims, and efforts are coordinated with existing victim service providers;

(17)

developing programs and activities that support parent-child relationships, as appropriate to the health and well-being of the child, such as—

(A)

using telephone conferencing to permit incarcerated parents to participate in parent-teacher conferences;

(B)

using videoconferencing to allow virtual visitation when incarcerated persons are more than 100 miles from their families;

(C)

the development of books on tape programs, through which incarcerated parents read a book into a tape to be sent to their children;

(D)

the establishment of family days, which provide for longer visitation hours or family activities; or

(E)

the creation of children's areas in visitation rooms with parent-child activities;

(18)

expanding family based treatment centers that offer family based comprehensive treatment services for parents and their children as a complete family unit;

(19)

conducting studies to determining who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety;

(20)

developing or adopting procedures to ensure that dangerous felons are not released from prison prematurely;

(21)

developing and implementing procedures to assist relevant authorities in determining when release is appropriate and in the use of data to inform the release decision;

(22)

developing and implementing procedures to identify efficiently and effectively those violators of probation or parole who should be returned to prison;

(23)

utilizing validated assessment tools to assess the risk factors of returning inmates and prioritizing services based on risk;

(24)

conducting studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety;

(25)

facilitating and encouraging timely and complete payment of restitution and fines by ex-offenders to victims and the community;

(26)

establishing or expanding the use of reentry courts to—

(A)

monitor offenders returning to the community;

(B)

provide returning offenders with—

(i)

drug and alcohol testing and treatment; and

(ii)

mental and medical health assessments and services;

(C)

facilitate restorative justice practices and convene family or community impact panels, family impact educational classes, victim impact panels, or victim impact educational classes;

(D)

provide and coordinate the delivery of other community services to offenders, including—

(i)

housing assistance;

(ii)

education;

(iii)

employment training;

(iv)

children and family support;

(v)

conflict resolution skills training;

(vi)

family violence intervention programs; and

(vii)

other appropriate social services; and

(E)

establish and implement graduated sanctions and incentives; and

(27)

providing technology and other tools necessary to advance post- release supervision.

.

(b)

Juvenile offender demonstration projects authorized

Section 2976(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(c)) is amended by striking may be expended for and all that follows through the period at the end and inserting may be expended for any activity referred to in subsection (b)..

(c)

Applications; priorities; performance measurements

Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended—

(1)

by redesignating subsection (h) as subsection (o); and

(2)

by striking subsections (d) through (g) and inserting the following:

(d)

Applications

A State, unit of local government, territory, or Indian tribe desiring a grant under this section shall submit an application to the Attorney General that—

(1)

contains a reentry strategic plan, which describes the long-term strategy, and a detailed implementation schedule, including the jurisdiction's plans to pay for the program after the Federal funding is discontinued;

(2)

identifies the governmental agencies and community- and faith-based organizations that will be coordinated by, and collaborate on, the applicant's prisoner reentry strategy and certifies their involvement; and

(3)

describes the methodology and outcome measures that will be used in evaluating the program.

(e)

Priority consideration

The Attorney General shall give priority to grant applications that best—

(1)

focus initiatives on geographic areas with a substantiated high population of ex-offenders;

(2)

include partnerships with community-based organizations, including faith-based organizations;

(3)

provide consultations with crime victims and former incarcerated prisoners and their families;

(4)

review the process by which the State adjudicates violations of parole or supervised release and consider reforms to maximize the use of graduated, community-based sanctions for minor and technical violations of parole or supervised release;

(5)

establish prerelease planning procedures for prisoners to ensure that a prisoner's eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and veterans' benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that prisoners are provided with referrals to appropriate social and health services or are linked to appropriate community-based organizations;

(6)

target high-risk offenders for reentry programs through validated assessment tools; and

(7)

provide returning offenders with information on how they can restore their voting rights, and any other civil or civic rights denied to them due to their offender status, under the laws of the State where they are released.

(f)

Requirements

The Attorney General may make a grant to an applicant only if the application—

(1)

reflects explicit support of the chief executive officer of the State or unit of local government, territory, or Indian tribe applying for a grant under this section;

(2)

provides extensive discussion of the role of State corrections departments, community corrections agencies, juvenile justice systems, or local jail systems in ensuring successful reentry of ex-offenders into their communities;

(3)

provides extensive evidence of collaboration with State and local government agencies overseeing health, housing, child welfare, education, and employment services, and local law enforcement;

(4)

in the case of a State grantee, the State provides a plan for the analysis of existing State statutory, regulatory, rules-based, and practice-based hurdles to a prisoner's reintegration into the community; in the case of a local grantee, the local grantee provides a plan for the analysis of existing local statutory, regulatory, rules-based, and practice-based hurdles to a prisoner's reintegration into the community; and in the case of a territorial grantee, the territory provides a plan for the analysis of existing territorial statutory, regulatory, rules-based, and practice-based hurdles to a prisoner's reintegration into the community that—

(A)

takes particular note of laws, regulations, rules, and practices that disqualify former prisoners from obtaining professional licenses or other requirements for certain types of employment, and that hinder full civic participation;

(B)

identifies those laws, regulations, rules, or practices that are not directly connected to the crime committed and the risk that the ex-offender presents to the community; and

(C)

affords members of the public an opportunity to participate in the process described in this subsection; and

(5)

includes the use of a State or local task force to carry out the activities funded under the grant.

(g)

Uses of grant funds

(1)

Federal share

The Federal share of a grant received under this section may not exceed 75 percent of the project funded under the grant, unless the Attorney General—

(A)

waives, in whole or in part, the requirement of this paragraph; and

(B)

publicly delineates the rationale for the waiver.

(2)

Supplement not supplant

Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for the activities funded under this section.

(h)

Reentry strategic plan

(1)

In general

As a condition of receiving financial assistance under this section, each applicant shall develop a comprehensive strategic reentry plan that contains measurable annual and 5- to 10-year performance outcomes. The plan shall have as a goal to reduce the rate of recidivism of incarcerated persons served with funds from this section within the State by 50 percent over a period of 10 years.

(2)

Coordination

In developing reentry plans under this subsection, applicants shall coordinate with communities and stakeholders, including experts in the fields of public safety, corrections, housing, health, education, employment, and members of community and faith-based organizations that provide reentry services.

(3)

Measurements of progress

Each reentry plan developed under this subsection shall measure the applicant's progress toward increasing public safety by reducing rates of recidivism and enabling released offenders to transition successfully back into their communities.

(i)

Reentry task force

(1)

In general

As a condition of receiving financial assistance under this section, each State or local government receiving a grant shall establish or empower a Reentry Task Force, or other relevant convening authority, to examine ways to pool existing resources and funding streams to promote lower recidivism rates for returning prisoners, and to minimize the harmful effects of incarceration on families and communities by collecting data and best practices in offender reentry from demonstration grantees and other agencies and organizations.

(2)

Membership

The task force or other authority shall be comprised of relevant State or local leaders, agencies, service providers, community-based organizations, and stakeholders.

(j)

Strategic performance outcomes

(1)

In general

Each applicant shall identify specific performance outcomes related to the long-term goals of increasing public safety and reducing recidivism.

(2)

Performance outcomes

The performance outcomes identified under paragraph (1) shall include, with respect to offenders released back into the community—

(A)

recommitment rates;

(B)

reduction in crime;

(C)

employment and education;

(D)

violations of conditions of supervised release;

(E)

child support;

(F)

housing;

(G)

drug and alcohol abuse; and

(H)

participation in mental health services.

(3)

Optional measures

States may also report on other activities that increase the success rates of offenders who transition from prison, such as programs that foster effective risk management and treatment programming, offender accountability, and community and victim participation.

(4)

Coordination

Applicants should coordinate with communities and stakeholders about the selection of performance outcomes identified by the applicants and with the Department of Justice for assistance with data collection and measurement activities.

(5)

Report

Each grantee shall submit an annual report to the Department of Justice that—

(A)

identifies the grantee's progress toward achieving its strategic performance outcomes; and

(B)

describes other activities conducted by the grantee to increase the success rates of the reentry population.

(k)

Performance measurement

(1)

In general

The Department of Justice, in consultation with the States, shall—

(A)

identify primary and secondary sources of information to support the measurement of the performance indicators identified under this section;

(B)

identify sources and methods of data collection in support of performance measurement required under this section;

(C)

provide to all grantees technical assistance and training on performance measures and data collection for purposes of this section; and

(D)

coordinate with the Substance Abuse and Mental Health Services Administration on strategic performance outcome measures and data collection for purposes of this section relating to substance abuse and mental health.

(2)

Coordination

The Department of Justice shall coordinate with other Federal agencies to identify national sources of information to support State performance measurement.

(l)

Future eligibility

To be eligible to receive a grant under this section for fiscal years after the first receipt of such a grant, a State shall submit to the Attorney General such information as is necessary to demonstrate that—

(1)

the State has adopted a reentry plan that reflects input from community-based and faith-based organizations;

(2)

the public has been afforded an opportunity to provide input in the development of the plan;

(3)

the States reentry plan includes performance measures to assess the States progress toward increasing public safety by reducing by 10 percent over the 2-year period the rate at which individuals released from prison who participate in the reentry system supported by Federal funds are recommitted to prison; and

(4)

the State will coordinate with the Department of Justice, community-based and faith-based organizations, and other experts regarding the selection and implementation of the performance measures described in subsection (k).

(m)

National adult and juvenile offender reentry resource center

(1)

Authority

The Attorney General may, using amounts made available to carry out this subsection, make a grant to an eligible organization to provide for the establishment of a National Adult and Juvenile Offender Reentry Resource Center.

(2)

Eligible organization

An organization eligible for the grant under paragraph (1) is any national nonprofit organization approved by the Federal task force established under the Enhanced Second Chance Act of 2007 that represents, provides technical assistance and training to, and has special expertise and broad, national-level experience in offender reentry programs, training, and research.

(3)

Use of funds

The organization receiving the grant shall establish a National Adult and Juvenile Offender Reentry Resource Center to—

(A)

provide education, training, and technical assistance for States, local governments, territories, Indian tribes, service providers, faith-based organizations, and corrections institutions;

(B)

collect data and best practices in offender reentry from demonstration grantees and others agencies and organizations;

(C)

develop and disseminate evaluation tools, mechanisms, and measures to better assess and document coalition performance measures and outcomes;

(D)

disseminate knowledge to States and other relevant entities about best practices, policy standards, and research findings;

(E)

develop and implement procedures to assist relevant authorities in determining when release is appropriate and in the use of data to inform the release decision;

(F)

develop and implement procedures to identify efficiently and effectively those violators of probation or parole who should be returned to prison and those who should receive other penalties based on defined, graduated sanctions;

(G)

collaborate with the Federal task force established under the Enhanced Second Chance Act of 2007 and the Federal Resource Center for Children of Prisoners;

(H)

develop a national research agenda; and

(I)

bridge the gap between research and practice by translating knowledge from research into practical information.

(4)

Header

Of amounts made available to carry out this section, not more than 4 percent shall be available to carry out this subsection.

(n)

Administration

Of amounts made available to carry out this section, not more than 2 percent shall be available for administrative expenses in carrying out this section.

.

(d)

Authorization of appropriations

Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended in subsection (o)(1), as redesignated by subsection (c), by striking and $15,000,000 for fiscal year 2003 and all that follows through the end of the sentence and inserting $300,000,000 for fiscal year 2008, and $300,000,000 for fiscal year 2009.

3104.

Task force on Federal programs and activities relating to reentry of offenders

(a)

Task force required

The Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Agriculture, the Secretary of Veterans Affairs, and the heads of such other elements of the Federal Government as the Attorney General considers appropriate, and in collaboration with stakeholders, service providers, community-based organizations, States, territories, Indian tribes, and local governments, shall establish an interagency task force on programs and activities relating to the reentry of offenders into the community.

(b)

Duties

The task force established under subsection (a) shall—

(1)

identify such programs and activities that may result in overlapping or duplication of services, the scope of such overlapping or duplication, and the relationship of such overlapping and duplication to public safety, public health, and effectiveness and efficiency;

(2)

identify methods to improve collaboration and coordination of such programs and activities;

(3)

identify areas of responsibility in which improved collaboration and coordination of such programs and activities would result in increased effectiveness or efficiency;

(4)

develop innovative interagency or intergovernmental programs, activities, or procedures that would improve outcomes of reentering offenders and children of offenders;

(5)

develop methods for increasing regular communication that would increase interagency program effectiveness;

(6)

identify areas of research that can be coordinated across agencies with an emphasis on applying science-based practices to support treatment and intervention programs for reentering offenders;

(7)

identify funding areas that should be coordinated across agencies and any gaps in funding; and

(8)

in conjunction with the National Adult and Juvenile Offender Reentry Resource Center, identify successful programs currently operating and collect best practices in offender reentry from demonstration grantees and other agencies and organizations, determine the extent to which such programs and practices can be replicated, and make information on such programs and practices available to States, localities, community-based organizations, and others.

(c)

Report

Not later than 1 year after the date of enactment of this Act, the task force established under subsection (a) shall submit a report, including recommendations, to Congress on barriers to reentry. The task force shall provide for public input in preparing the report. The report shall identify Federal and other barriers to successful reentry of offenders into the community and analyze the effects of such barriers on offenders and on children and other family members of offenders, including barriers to—

(1)

parental incarceration as a consideration for purposes of family reunification under the Adoption and Safe Families Act of 1997;

(2)

admissions in and evictions from Federal housing programs;

(3)

child support obligations and procedures;

(4)

Social Security benefits, veterans' benefits, food stamps, and other forms of Federal public assistance;

(5)

Medicaid and Medicare procedures, requirements, regulations, and guidelines;

(6)

education programs, financial assistance, and full civic participation;

(7)

TANF program funding criteria and other welfare benefits;

(8)

employment;

(9)

laws, regulations, rules, and practices that restrict Federal employment licensure and participation in Federal contracting programs;

(10)

reentry procedures, case planning, and the transition of persons from the custody of the Federal Bureau of Prisons to a Federal parole or probation program or community corrections;

(11)

laws, regulations, rules, and practices that may require a parolee to return to the same county that the parolee was living in prior to his or her arrest, and the potential for changing such laws, regulations, rules, and practices so that a parolee may change his or her setting upon release, and not settle in the same location with persons who may be a negative influence; and

(12)

prerelease planning procedures for prisoners to ensure that a prisoner's eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and veterans' benefits) upon release is established prior to release, subject to any limitations under the law, and the provision of referrals to appropriate social and health services or are linked to appropriate community-based organizations.

(d)

Annual reports

On an annual basis, the task force required by subsection (a) shall submit to Congress a report on the activities of the task force, including specific recommendations of the task force on matters referred to in subsection (b).

3105.

Offender reentry research

(a)

National Institute of Justice

From amounts made available to carry out this subtitle, the National Institute of Justice may conduct research on offender reentry, including—

(1)

a study identifying the number and characteristics of children who have had a parent incarcerated and the likelihood of these minors becoming involved in the criminal justice system some time in their lifetime;

(2)

a study identifying a mechanism to compare rates of recidivism (including rearrest, violations of parole and probation, and reincarceration) among States; and

(3)

a study on the population of individuals released from custody who do not engage in recidivism and the characteristics (housing, employment, treatment, family connection) of that population.

(b)

Bureau of Justice statistics

From amounts made available to carry out this subtitle, the Bureau of Justice Statistics may conduct research on offender reentry, including—

(1)

an analysis of special populations, including prisoners with mental illness or substance abuse disorders, female offenders, juvenile offenders, and the elderly, that present unique reentry challenges;

(2)

studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety;

(3)

annual reports on the profile of the population coming out of prisons, jails, and juvenile justice facilities;

(4)

a national recidivism study every 3 years; and

(5)

a study of parole violations and revocations.

3106.

Children of incarcerated parents and families

(a)

Intake procedures and education programs

(1)

Pilot program

The Federal Bureau of Prisons shall, using amounts made available to carry out this subsection, carry out a pilot program to—

(A)

collect information regarding the dependent children of an incarcerated person as part of standard intake procedures, including the number, age, and residence of such children;

(B)

review all policies, practices, and facilities to ensure that, as appropriate to the health and well-being of the child, they support the relationship between family and child;

(C)

identify the training needs of staff with respect to the impact of incarceration on children, families, and communities, age-appropriate interactions, and community resources for the families of incarcerated persons; and

(D)

take such steps as are necessary to encourage State correctional agencies to implement the requirements of subparagraphs (A) through (C).

(2)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection $2,500,000 for each of fiscal years 2008 and 2009.

(b)

Duties of secretary

The Secretary of Health and Human Services shall—

(1)

review, and make available to States a report on any recommendations regarding, the role of State child protective services at the time of the arrest of a person; and

(2)

by regulation, establish such services as the Secretary determines necessary, as appropriate to the health and well-being of any child involved, for the preservation of families that have been impacted by the incarceration of a family member.

3107.

Encouragement of employment of former prisoners

The Secretary of Labor shall take such steps as are necessary to implement a program, including the Employment and Training Administration, to educate employers about existing incentives, including bonding, to the hiring of former Federal, State, or county prisoners.

3108.

Federal resource center for children of prisoners

There are authorized to be appropriated to the Secretary of Health and Human Services for each of fiscal years 2008 and 2009, such sums as may be necessary for the continuing activities of the Federal Resource Center for Children of Prisoners, including conducting a review of the policies and practices of State and Federal corrections agencies to support parent-child relationships, as appropriate for the health and well-being of the child.

3109.

Elimination of age requirement for relative caregiver under national family caregiver support program

Section 372 of the National Family Caregiver Support Act (part E of title III of the Older Americans Act of 1965; 42 U.S.C. 3030s) is amended in paragraph (3) by striking who is 60 years of age or older and— and inserting who—.

3110.

Clarification of authority to place prisoner in community corrections

Section 3624(c) of title 18, United States Code, is amended to read as follows:

(c)

Prerelease custody

(1)

In general

The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of imprisonment spends a reasonable part of the final portion of the term to be served, not to exceed 1 year, under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for the prisoner's reentry into the community. Such conditions may include a community correctional facility.

(2)

Authority

This subsection authorizes the Bureau of Prisons to place a prisoner in home confinement for the last 10 percent of the term to be served, not to exceed 6 months.

(3)

Assistance

The United States Probation System shall, to the extent practicable, offer assistance to a prisoner during such prerelease custody.

(4)

No limitations

Nothing in this subsection shall be construed to limit or restrict the authority of the Bureau of Prisons granted under section 3621 of this title.

.

3111.

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

Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13702(a)) is amended—

(1)

in paragraph (2), by striking and at the end;

(2)

in paragraph (3), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(4)

to carry out any activity referred to in subsections (b) and (c) of section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(b)–(c)).

.

3112.

Grants to study parole or post incarceration supervision violations and revocations

(a)

Grants authorized

From amounts made available to carry out this section, the Attorney General may award grants to States to study, and to improve the collection of data with respect to, individuals whose parole or post-incarceration supervision is revoked and which such individuals represent the greatest risk to community safety.

(b)

Application

As a condition of receiving a grant under this section, a State shall—

(1)

certify that the State has, or intends to establish, a program that collects comprehensive and reliable data with respect to individuals described in subsection (a), including data on—

(A)

the number and type of parole or post-incarceration supervision violations that occur within the State;

(B)

the reasons for parole or post-incarceration supervision revocation;

(C)

the underlying behavior that led to the revocation; and

(D)

the term of imprisonment or other penalty that is imposed for the violation; and

(2)

provide the data described in paragraph (1) to the Bureau of Justice Statistics, in a form prescribed by the Bureau.

(c)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2008 and 2009.

3113.

Reauthorization of residential substance abuse treatment for State prisoners program

(a)

In general

The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3701 et seq.) is amended by inserting after section 1905 the following:

1906.

Authorization of appropriations

There are authorized to be appropriated $30,000,000 to carry out the purposes of this part for each of fiscal years 2008 through 2012.

.

(b)

Improvements to program

Section 1902 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff–1) is amended—

(1)

in subsection (c)—

(A)

in the subsection heading, by striking Eligibility for Preference With and inserting Requirement for;

(B)

by striking paragraph (1) and inserting the following:

(1)

To be eligible for funding under this part, a State shall ensure that individuals who participate in the evidence-based substance abuse treatment program established or implemented with assistance provided under this part will be provided with aftercare services.

; and

(C)

by adding at the end the following:

(4)

Aftercare services required under paragraph (1) shall be funded by amounts made available under this part.

;

(2)

by redesignating subsections (c) through (f) as (d) through (g), respectively; and

(3)

by inserting after subsection (b) the following:

(c)

Definition of residential substance abuse treatment

The term residential substance abuse treatment means a course of evidence-based individual and group activities and treatment, lasting not less than 6 months, in residential treatment facilities set apart from the general prison population. Such treatment can include the use of pharmacotherapies, where appropriate, that may be administered for more than 6 months.

.

3114.

Reauthorization of substance abuse treatment program under title 18

Section 3621(e) of title 18, United States Code, is amended—

(1)

by striking paragraph (4) and inserting the following:

(4)

Authorization of appropriations

There are authorized to be appropriated $30,000,000 to carry out this subsection for each of fiscal years 2008 through 2012.

; and

(2)

in paragraph (5), by striking subparagraph (A) and inserting the following:

(A)

the term residential substance abuse treatment means a course of evidence-based individual and group activities and treatment, lasting not less than 6 months, in residential treatment facilities set apart from the general prison population, and such treatment can include the use of pharmacotherapies, where appropriate, that may be administered for more than 6 months;

.

3115.

Removal of limitation on amount of funds available for corrections education programs under the Adult Education and Family Literacy Act

(a)

In general

Section 222(a)(1) of the Adult Education and Family Literacy Act (20 U.S.C. 9222(a)(1)) is amended by striking , of which not more than 10 percent and inserting of which not less than 10 percent.

(b)

Report

Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report on the use of literacy funds to correctional intuitions, as defined in section 225(d)(2) of the Adult Education and Family Literacy Act (20 U.S.C. 9224(d)(2)). The report shall specify the amount of literacy funds that are provided to each category of correctional institution in each State, and identify whether funds are being sufficiently allocated among the various types of institutions.

3116.

Mentoring grants to community-based organizations

(a)

Authority To make grants

From amounts made available under this section, the Secretary of Labor shall make grants to community-based organizations for the purpose of providing mentoring and other transitional services essential to reintegrating ex-offenders and incarcerated persons into society.

(b)

Use of funds

Grant funds awarded under subsection (a) may be used for—

(1)

mentoring adult and juvenile offenders; and

(2)

transitional services to assist in the reintegration of ex-offenders into the community.

(c)

Application

To be eligible to receive a grant under this section, a community-based organization shall submit an application to the Secretary of Labor, based upon criteria developed by the Secretary of Labor in consultation with the Attorney General and the Secretary of Housing and Urban Development.

(d)

Strategic performance outcomes

The Secretary of Labor may require each applicant to identify specific performance outcomes related to the long-term goal of stabilizing communities by reducing recidivism and reintegrating ex-offenders and incarcerated persons into society.

(e)

Authorization of appropriations

There are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2008 and 2009.

3117.

Group homes for recovering substance abusers

Section 1925 of the Public Health Service Act (42 U.S.C. 300x–25) is amended—

(1)

in subsection (a)(4), by striking $4,000 and inserting $6,000; and

(2)

by adding at the end the following:

(d)

Recovery home outreach workers

(1)

In general

The Secretary shall award a grant to an eligible entity to enable such entity to establish group homes for recovering substance abusers in accordance with this section.

(2)

Eligibility

To be eligible to receive a grant under paragraph (1), an entity shall—

(A)

be a national nonprofit organization that has established at least 500 self-administered, self-supported substance abuse recovery homes; and

(B)

prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(3)

Use of funds

An entity shall use amounts received under the grant under paragraph (1) to—

(A)

establish group homes for recovering substance abusers that conform to the requirements of subparagraphs (A) through (D) of subsection (a)(6), through activities including—

(i)

locating a suitable facility to use as the group home;

(ii)

the execution of a lease for the use of such home; and

(iii)

obtaining a charter for the operation of such home from a national non-profit organization;

(B)

recruit recovering substance abusers to reside in the group home by working with criminal justice officials and substance abuse treatment providers, including through activities targeting individuals being released from incarceration; and

(C)

carry out other activities related to establishing a group home for recovering substance abusers.

(4)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection, $3,000,000 for each of fiscal years 2008 through 2009. Amounts appropriated under this paragraph shall be in addition to amounts otherwise appropriated to carry out this subpart.

.

3118.

Improved reentry procedures for Federal prisoners

(a)

General reentry procedures

The Department of Justice shall take such steps as are necessary to modify existing procedures and policies to enhance case planning and to improve the transition of persons from the custody of the Bureau of Prisons to the community, including placement of such individuals in community corrections facilities.

(b)

Procedures regarding benefits

The Bureau of Prisons shall establish prerelease planning procedures for Federal prisoners to ensure that a prisoner's eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and veterans' benefits) upon release is established prior to release, subject to any limitations in law. The Bureau shall also coordinate with inmates to ensure that inmates have medical appointments scheduled and have plans to secure needed and sufficient medications, particularly with regard to the treatment of mental illness. The Bureau shall provide each ex-offender released from Federal prisons information on how the reentering offender can restore voting rights, and other civil or civic rights, denied to the reentering offender based upon their offender status in the State to which that reentering offender shall be returning. This information shall be provided to each reentering offender in writing, and in a language that the reentering offender can understand.

3119.

Family unification in public housing

Section 576 of the Quality Housing and Work Responsibility Act of 1988 (Public Law 105–276; 42 U.S.C. 13661) is amended—

(1)

by striking subsection (c) and inserting the following:

(c)

Authority To deny admission to criminal offenders

(1)

In general

Except as provided in subsections (a) and (b) of this section and in addition to any other authority to screen applicants, in selecting among applicants for admission to the program or to federally assisted housing, if the public housing agency or owner of such housing, as applicable, determines that an applicant or any member of the applicant's household is engaged in or was convicted of, during a reasonable time preceding the date when the applicant household would otherwise be selected for admission, any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees, the public housing agency or owner may—

(A)

deny such applicant admission to the program or to federally assisted housing; and

(B)

after the expiration of the reasonable period beginning upon such activity, require the applicant, as a condition of admission to the program or to federally assisted housing, to submit to the public housing agency or owner evidence sufficient (as the Secretary shall by regulation provide) to ensure that the individual or individuals in the applicant's household who engaged in criminal activity for which denial was made under paragraph (1) have not engaged in any criminal activity during such reasonable period.

(2)

Consideration of rehabilitation

In determining whether, pursuant to paragraph (1), to deny admission to the program or federally assisted housing to any household, a public housing agency or an owner shall, prior to an initial denial of eligibility, consider the following factors:

(A)

The effect of denial on the applicant's family, particularly minor children.

(B)

Whether such household member has successfully completed a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable) to the extent that such use would constitute a threat to the health, safety, or well-being of other residents.

(C)

Whether such household member has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable) to the extent that such use would constitute a threat to the health, safety, or well-being of other residents.

(D)

Whether such household member is participating in a supervised drug or alcohol rehabilitation program (as applicable) and is no longer engaging in the illegal use of a controlled substance or abuse of alcohol (as applicable) to the extent that such use would constitute a threat to the health, safety, or well-being of other residents.

(E)

Other mitigating circumstances such as—

(i)

the applicant's involvement in the community;

(ii)

the applicant's enrollment in or completion of a job training program;

(iii)

the employment status of the applicant;

(iv)

any other circumstances which reflect the efforts the applicant has made toward rehabilitation; and

(v)

the availability of other housing options.

; and

(2)

by adding at the end the following:

(d)

Conditional eligibility

A public housing agency or owner of such housing may condition an applicant's or a households' eligibility for federally assisted housing on the participation of the applicant, or a member of the applicant's household, in a supervised rehabilitation program, or other appropriate social services.

.

B

Commission To Study Alternatives to Incarceration of Non-Violent Mentally Ill Offenders Act of 2007

3201.

Short title

This subtitle may be cited as the Commission to Study Alternatives to Incarceration of Non-Violent Mentally Ill Offenders Act of 2007.

3202.

Findings

Congress finds the following:

(1)

A Bureau of Justice Statistics report from September 2006, entitled “Mental Health Problems of Prison and Jail Inmates”, found that more than 50 percent of all prison and jail inmates had a mental health problem, including 705,600 inmates in State prisons, 78,800 in Federal prisons, and 479,900 in local jails.

(2)

Fifty-six percent of State prisoners, 45 percent of Federal prisoners, and 64 percent of jail inmates were found to have a mental health problem.

(3)

Twenty-four percent of jail inmates and 15 percent of State prisoners reported symptoms that met the criteria for a psychotic disorder.

(4)

Female inmates had higher rates of mental health problems than male inmates, specifically in State prisons, 73 percent of females and 55 percent of males reported mental health problems and in local jails, 75 percent of females and 63 percent of males reported mental health problems.

(5)

Thirteen percent of State prisoners who had a mental health problem were homeless in the year before their arrest, twice the percentage of State prisoners that did not have a mental health problem who were homeless in the year before their arrest.

(6)

Twenty-four percent of jail inmates who had a mental health problem reported being physically or sexually abused in the past, which is 3 times the percentage of jail inmates without a mental health problem reporting such abuse.

(7)

Twenty percent of State prisoners who had a mental health problem were injured in a fight after being incarcerated, twice the percentage of State prisoners without a mental health problem who were injured in a fight after being incarcerated.

(8)

The National Association of Counties unanimously adopted a resolution in 2006, calling for the creation of a national commission to study and make recommendations on the jailing of the nonviolent mentally ill in county jails and State prisons. In passing this resolution, the National Association of Counties pointed out that The nation’s local jails are increasingly becoming the dumping grounds for the mentally ill..

(9)

The National Association of Counties has emphasized the importance of including on the national commission described in paragraph (8) representatives of organizations that represent governments and government agencies, including representatives from organizations such as the National Association of Cities, the National League of Cities, the United States Conference of Mayors, the Council of State Governments, the National Conference of State Legislatures, the National Governors Association, and the International City/County Management Association and a representative from the Office of Management and Budget.

(10)

Other groups, including the National Sheriffs’ Association, the National District Attorneys Association, the American Psychiatric Association, the National Association of Country Behavioral and Development Disability Directors, and the American Correctional Association all support the creation of the national commission described in paragraph (8).

3203.

National commission on inmates with mental illness

(a)

Establishment

Not later than 3 months after the date of enactment of this Act, the Attorney General of the United States shall establish a commission to study the jailing of nonviolent offenders with mental illness and to make recommendations to all levels of government for the most appropriate way to deal with these offenders (in this subtitle referred to as the Commission).

(b)

Membership

(1)

In general

The Attorney General shall appoint the members of the Commission.

(2)

Members

The Commission shall include—

(A)

representatives from agencies of the Federal Government with criminal justice, health, housing, employment or social service responsibilities, including—

(i)

the Substance Abuse and Mental Health Services Administration;

(ii)

the Department of Housing and Urban Development;

(iii)

the Bureau of Justice Assistance of the Department of Justice;

(iv)

the Bureau of Justice Statistics of the Department of Justice;

(v)

the National Institute of Justice of the Department of Justice; and

(vi)

the Department of Labor;

(B)

representatives of general purpose government and national organizations representing key constituencies at the local and State level, such as—

(i)

the National Governors’ Association;

(ii)

the National League of Cities;

(iii)

the National Association of Counties;

(iv)

the National Conference of State Legislatures;

(v)

the Council of State Governments;

(vi)

the National Sheriffs’ Association;

(vii)

the National District Attorneys Association;

(viii)

the National Association of County Health Officials;

(ix)

the National Association of County Behavioral Health Directors;

(x)

the National GAINS Center;

(xi)

the National Commission on Correctional Health Care;

(xii)

the National Association of Drug Court Professionals;

(xiii)

the National Mental Health Association;

(xiv)

the National Alliance on Mental Illness;

(xv)

the American Psychological Association;

(xvi)

the American Psychiatric Association;

(xvii)

the International Association of Chiefs of Police;

(xviii)

the Police Executive Research Forum;

(xix)

the American Probation and Parole Association;

(xx)

the American Bar Association;

(xxi)

the American Jail Association;

(xxii)

the National Association of State Alcohol and Drug Abuse Directors;

(xxiii)

the Judge David Bazelon Center for Mental Health Law;

(xxiv)

the Partners in Crisis of America;

(xxv)

the American Correctional Association; and

(xxvi)

the National Institute of Corrections;

(C)

members of community-based groups working with the mentally ill;

(D)

representatives of victims rights groups; and

(E)

representatives of other organizations or entities, as determined by the Attorney General.

(c)

Period of Appointment; Vacancies

Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers.

(d)

Initial Meeting

Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting.

(e)

Meetings

The Commission shall meet at the call of the Chairman.

(f)

Quorum

A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

(g)

Chairman and Vice Chairman

The Commission shall select a Chairman and Vice Chairman from among its members.

3204.

Reporting

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, the Governor of each State, and any agency, association, or entity participating on the Commission regarding nonviolent offenders with mental illness. The report shall also be made available on the Internet.

(b)

Contents

The report submitted under subsection (a) shall—

(1)

address how the various levels of government can work together effectively on dealing appropriately with nonviolent offenders with mental illness, including recommendations, if any, regarding how the Federal Government can assist State and local governments in dealing with such offenders;

(2)

identify best practices regarding nonviolent offenders with mental illness;

(3)

discuss the appropriateness of housing nonviolent, mentally ill offenders in jails and prisons, and identify alternatives to such housing;

(4)

identify special challenges faced by mentally ill offenders while in prisons and jails, including being involved in physical altercations;

(5)

describe the causes of the increase of mentally ill offenders; and

(6)

discuss the role mental illness plays in recidivism.

3205.

Powers of the Commission

(a)

Hearings

The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this subtitle.

(b)

Information From Federal Agencies

The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this subtitle. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.

(c)

Postal Services

The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(d)

Gifts

The Commission may accept, use, and dispose of gifts or donations of services or property.

3206.

Commission personnel matters

(a)

Compensation of Members

Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

(b)

Travel Expenses

The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(c)

Staff

(1)

In general

The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission.

(2)

Compensation

The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.

(d)

Detail of Government Employees

Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(e)

Procurement of Temporary and Intermittent Services

The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

3207.

Termination of the Commission

The Commission shall terminate 90 days after the date on which the Commission submits its report under section 3204.

3208.

Authorization of appropriations

(a)

In General

There are authorized to be appropriated to the Commission $3,000,000 for each of fiscal years 2008 and 2009 to carry out this subtitle.

(b)

Availability

Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended.

IV

Protecting children

A

Combating Child Exploitation Act of 2007

4101.

Short title

This subtitle may be cited as the Combating Child Exploitation Act of 2007.

4102.

Findings

Congress finds the following:

(1)

The Internet has facilitated the growth of a multi-billion dollar global market for images and video of children being sexually-displayed, raped, and tortured, far exceeding law enforcement's capacity to respond at the Federal, State, and local level.

(2)

The explosion of child pornography trafficking is claiming very young victims. Research by the Department of Justice, the University of New Hampshire, and the National Center for Missing and Exploited Children indicates that among those arrested for possession of child pornography, 83 percent have images of children 6–12 years old, 39 percent have images of children 3–5 years old, and 19 percent have images of children under the age of 3 years old.

(3)

The images and videos being trafficked typically depict sexual assaults that are both graphic and brutal. The same research indicates that 80 percent of known child pornography possessors have images of children being sexually penetrated and 21 percent have images depicting children bound, gagged, blindfolded, or otherwise enduring sadistic sex. Just 1 percent restricted their collecting to images of simple child nudity.

(4)

Millions of American children and teens are at risk from sexual predators who are hunting, stalking, and luring minors online. Along with the incredible access to the world offered our children by the Internet, the Internet also offers the world access to our children.

(5)

The Internet Crimes Against Children Task Force program (ICAC Program) of the Department of Justice has identified millions of child pornography transactions involving images and video of child sexual assault from millions of computer IP addresses worldwide.

(6)

The ICAC Program has been highly successful in creating and sustaining an emerging national network of 46 Federal, State, and local task forces, which form the backbone of America's national readiness to combat child exploitation.

(7)

In testimony before Congress, law enforcement experts have expressed consensus that lack of dedicated forensic analysis capacity is a severe problem at the Federal, State, and local level, severely limiting the number of predators that can be interdicted and children that can be identified and rescued.

(8)

The Federal Bureau of Investigation, the Department of Immigrations and Customs Enforcement, and the United States Postal Inspection Service have each developed highly specialized and successful child exploitation investigative capabilities, yet these agencies have testified to Congress that they must triage the overwhelming number of child exploitation crimes and cannot investigate a large percentage of known crimes.

(9)

Child pornography and online child enticement crimes have among the highest conviction rates of any child sexual offense, and the Department of Justice funded research indicates that the majority of child pornography offenders have committed or attempted direct sexual contact offenses against children. Investigating and prosecuting these predators is thus one of the most concrete and measurable strategies for the prevention of future child sexual abuse.

4103.

Definitions

In this subtitle, the following definitions shall apply:

(1)

Child exploitation

The term child exploitation means any conduct, or an attempt or conspiracy to commit such conduct, constituting criminal sexual abuse of a minor, sexual exploitation of a minor, abusive sexual contact of a minor, sexually explicit conduct with a minor, or any similar offense under Federal or State law.

(2)

Minor

The term minor means any person under the age of 18 years.

(3)

Sexually explicit conduct

The term sexually explicit conduct has the meaning as in section 2256 of title 18, United States Code.

I

Special Counsel for Child Exploitation Prevention and Interdiction

4111.

Establishment of Special Counsel for Child Exploitation Prevention and Interdiction

(a)

In General

The Attorney General shall appoint a Special Counsel for Child Exploitation Prevention and Interdiction within the Office of the Deputy Attorney General.

(b)

Duties of the special counsel

The Special Counsel appointed under subsection (a) shall have the following duties:

(1)

Coordinating the policies and strategies of the Department of Justice related to the prevention and investigation of child exploitation cases, including the policies and strategies of the Office of Justice Programs, the Criminal Division of the Department of Justice, the Executive Office of United States Attorneys, the Federal Bureau of Investigation, and any other agency or bureau of the Department of Justice whose activities relate to child exploitation cases.

(2)

Pursuing memorandums of understanding or other interagency agreements related to the prevention, investigation, and apprehension of individuals exploiting children, including seeking cooperation and collaboration with—

(A)

the Bureau of Immigration and Customs Enforcement;

(B)

the Department of State;

(C)

the Department of Commerce;

(D)

the Department of Education; and

(E)

other Federal agencies.

(3)

Directing and overseeing the ICAC Task Force Program established under section 4112.

(4)

Directing and overseeing the National Internet Crimes Against Children Data Network Center established under section 4115.

(5)

Directing and overseeing the ICAC grant program established under section 4116.

(6)

Coordinating technical assistance to Federal, State, local, and tribal law enforcement agencies in the prevention, investigation, and prosecution of child exploitation crimes.

(7)

Coordinating training to Federal, State, local, and tribal law enforcement agencies in the prevention, investigation, and prosecution of child exploitation crimes.

(8)

Coordinating training and technical assistance to Federal, State, local, and tribal on forensic computer examination and analysis.

(9)

Directing and overseeing programs for child exploitation prevention and education, including programs related to Internet safety.

(10)

Maintaining liaison with the judicial branches of the Federal and State Governments on matters relating to child exploitation.

(11)

Providing information to the President, the Congress, the judiciary, State, local, and tribal governments, and the general public on matters relating to child exploitation.

(12)

Serving, at the request of the Attorney General, as the representative of the Department of Justice on domestic task forces, committees, or commissions addressing policy or issues relating to child exploitation.

(13)

Serving, at the request of the President, acting through the Attorney General, as the representative of the United States Government on human rights and economic justice matters related to child exploitation in international fora, including the United Nations.

(14)

Providing technical assistance, coordination, and support to—

(A)

other components of the Department of Justice, in efforts to develop policy and to enforce Federal laws relating to child exploitation cases, including the litigation of civil and criminal actions relating to enforcing such laws;

(B)

other Federal, State, local, and tribal agencies, in efforts to develop policy, provide technical assistance, and improve coordination among agencies carrying out efforts to eliminate child exploitation; and

(C)

grantees, in efforts to combat child exploitation and to provide support and assistance to victims of such exploitation.

4112.

Establishment of ICAC Task Force Program

(a)

Establishment

There is established within the Office of Justice Programs in the Department of Justice, under the general authority of the Attorney General, an Internet Crimes Against Children Task Force (hereinafter in this part referred to as the ICAC Task Force), which shall consist of a national program of State and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators, child exploitation, and child obscenity and pornography cases.

(b)

National program

The national ICAC Task Force program required under subsection (a) shall consist of at least 1 ICAC task force in each State.

4113.

Purpose of ICAC Task Forces

The ICAC Task Force, and each State or local ICAC task force that is part of the national program of task forces shall be dedicated towards—

(1)

increasing the investigative capabilities of State and local law enforcement officers in the detection, investigation, and apprehension of Internet crimes against children offenses or offenders, including technology-facilitated child exploitation offenses;

(2)

conducting proactive and reactive Internet crimes against children investigations;

(3)

providing training and technical assistance to ICAC Task Forces and other Federal, State, and local law enforcement agencies in the areas of investigations, forensics, prosecution, community outreach, and capacity-building, using recognized experts to assist in the development and delivery of training programs;

(4)

increasing the number of Internet crimes against children offenses being prosecuted in both Federal and State courts;

(5)

creating a multiagency task force response to Internet crimes against children offenses within each State;

(6)

enhancing nationwide responses to Internet crimes against children offenses, including assisting other ICAC task forces, as well as other Federal, State, and local agencies with Internet crimes against children investigations and prosecutions;

(7)

developing and delivering Internet crimes against children public awareness and prevention programs; and

(8)

participating in such other activities, both proactive and reactive, that will enhance investigations and prosecutions of Internet crimes against children.

4114.

Duties and functions of Task Forces

Each State or local ICAC task force that is part of the national program of task forces shall—

(1)

consist of State and local investigators, prosecutors, forensic specialists, and education specialists who are dedicated full-time to address the goals of such task force;

(2)

work consistently towards achieving the purposes described in section 4113;

(3)

engage in proactive investigations, forensic examinations, and effective prosecutions of Internet crimes against children;

(4)

provide forensic, preventive, and investigative assistance to parents, educators, prosecutors, law enforcement, and others concerned with Internet crimes against children;

(5)

develop multijurisdictional, multiagency responses and partnerships to Internet crimes against children offenses through ongoing informational, administrative, and technological support to other State and local law enforcement agencies, as a means for such agencies to acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute such offenses;

(6)

fully participate in any nationally coordinated investigation, as requested by the Attorney General;

(7)

establish investigative and prosecution standards, consistent with established norms, to which that task force shall comply;

(8)

investigate, and seek prosecution on, tips related to Internet crimes against children, including tips from other law enforcement agencies, ICAC task forces, the National Center for Missing and Exploited Children, and other Federal, State, and local agencies;

(9)

develop procedures for handling seized evidence;

(10)

maintain such reports and records as are required under this part; and

(11)

seek to comply with national standards regarding the investigation and prosecution of Internet crimes against children, as set forth by the Attorney General, to the extent such standards are consistent with the law of the State where the task force is located.

4115.

National ICAC Data Network Center

(a)

In general

The Attorney General shall establish a National Internet Crimes Against Children Data Network Center.

(b)

Purpose of Center

The National Internet Crimes Against Children Data Network Center established under subsection (a) shall be dedicated to assisting—

(1)

the ICAC Task Force Program established under this part; and

(2)

Federal, State, local, and tribal agencies investigating and prosecuting child exploitation.

(c)

Mandatory requirements for Center

The National Internet Crimes Against Children Data Network Center established under subsection (a) shall develop and maintain an integrated technology and training program that provides—

(1)

a secure, online information-sharing and case management system for use by ICAC Task Forces, Federal law enforcement agencies, and other State and local law enforcement agencies;

(2)

a secure, online system for resolving case conflicts, for use by ICAC Task Forces, Federal law enforcement agencies, and other State and local law enforcement agencies;

(3)

a secure intelligence data storage and analysis system for use by ICAC Task Forces, Federal law enforcement agencies, and other State and local law enforcement agencies;

(4)

guidelines for the use of such Data Network by Federal, State, and local law enforcement agencies; and

(5)

training and technical assistance on the use of such Data Network by Federal, State, and local law enforcement agencies.

(d)

Authorization of appropriations

There are authorized to be appropriated for each of the fiscal years 2008 through 2015, $2,000,000 to carry out the provisions of this section, including for—

(1)

the establishment of the National Internet Crimes Against Children Data Network Center; and

(2)

the costs of operating and maintaining such Center.

4116.

ICAC grant program

(a)

Establishment

(1)

In general

The Attorney General is authorized to award grants to State and local ICAC task forces to assist in carrying out the duties and functions described under section 4114.

(2)

Formula

(A)

Attorney General to develop

At least 75 percent of the total funds appropriated for grants under paragraph (1) shall be awarded or otherwise distributed pursuant to a funding formula established by the Attorney General.

(B)

Baseline amount

Any formula established by the Attorney General under subparagraph (A), shall—

(i)

ensure that each State or local ICAC task force shall, at a minimum, receive an amount equal to 1 percent of the total funds appropriated for grants under paragraph (1); and

(ii)

take into consideration the following factors:

(I)

The population of each State, as determined by the most recent decennial census performed by the Bureau of the Census.

(II)

The number of investigative leads generated by the integrated technology system of each ICAC Task Force.

(III)

The number of Internet crimes against children criminal cases referred by a task force for Federal, State, or local prosecution.

(IV)

The number of successful prosecutions of child exploitation cases by a task force.

(V)

Such other criteria as the Attorney General determines demonstrates the level of need for additional resources by a task force.

(C)

Remaining funds

(i)

In general

The funds remaining for grants under this section after allocation of the baseline amounts under subparagraph (B) shall be distributed to State and local ICAC task forces based upon need, as set forth by criteria established by the Attorney General. Such criteria shall include:

(I)

The population of each State, as determined by the most recent decennial census performed by the Bureau of the Census.

(II)

The number of investigative leads generated by the integrated technology system of each ICAC Task Force.

(III)

The number of Internet crimes against children criminal cases referred by a task force for Federal, State, or local prosecution.

(IV)

The number of successful prosecutions of child exploitation cases by a task force.

(V)

Such other criteria as the Attorney General determines demonstrates the level of need for additional resources by a task force.

(ii)

Matching requirement

To be eligible to receive any remaining grant funds under this subparagraph, a State or local ICAC task force shall contribute matching non-Federal funds in an amount equal to not less than 25 percent of the total amount of the grant.

(b)

Application

(1)

In general

Each State or local ICAC task force seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.

(2)

Contents

Each application submitted pursuant to paragraph (1) shall—

(A)

describe the activities for which assistance under this section is sought; and

(B)

provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this part.

(c)

Allowable uses

Grants awarded under this section may be used to—

(1)

hire personnel, investigators, prosecutors, education specialists, and forensic specialists;

(2)

establish and support forensic laboratories utilized in Internet crimes against children investigations;

(3)

support investigations and prosecutions of Internet crimes against children;

(4)

conduct and assist with education programs to help children and parents protect themselves from Internet predators;

(5)

conduct and attend training sessions related to successful investigations and prosecutions of Internet crimes against children; and

(6)

fund any other activities directly related to preventing, investigating, or prosecuting Internet crimes against children.

(d)

Reporting requirements

(1)

ICAC reports

To measure the results of the activities funded by grants under this section, and to assist the Attorney General in complying with the Government Performance and Results Act (Public Law 103–62; 107 Stat. 285), each State or local ICAC task force receiving a grant under this section shall, on an annual basis, submit a report to the Attorney General that sets forth the following:

(A)

Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children.

(B)

Investigation and prosecution performance measures of the task force, including—

(i)

the number of Internet crimes against children related arrests;

(ii)

the number of prosecutions for Internet crimes against children, including—

(I)

whether the prosecution resulted in a conviction for such crime; and

(II)

the sentence and the statutory maximum for such crime under State law.

(C)

The number of referrals made by the task force to the United States Attorneys office, including whether the referral was accepted by the United States Attorney.

(D)

The number of investigative technical assistance sessions that the task force provided to non-member law enforcement agencies.

(E)

The number of computer forensic examinations that the task force completed.

(F)

The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force.

(2)

Report to Congress

Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit a report to Congress on—

(A)

the progress of the development of the ICAC Task Forces established under this part; and

(B)

the number of Federal and State investigations, prosecutions, and convictions in the prior 12-month period related to child exploitation.

4117.

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to carry out this part—

(1)

$60,000,000 for fiscal year 2008;

(2)

$75,000,000 for fiscal year 2009;

(3)

$75,000,000 for fiscal year 2010;

(4)

$75,000,000 for fiscal year 2011;

(5)

$75,000,000 for fiscal year 2012;

(6)

$75,000,000 for fiscal year 2013;

(7)

$100,000,000 for fiscal year 2014; and

(8)

$100,000,000 for fiscal year 2015.

(b)

Availability

Funds appropriated under subsection (a) shall remain available until expended.

II

Additional measures to combat child exploitation

4121.

Additional regional computer forensic labs

(a)

Additional resources

The Attorney shall establish additional computer forensic capacity to address the current backlog for computer forensics, including for child exploitation investigations. The Attorney General may utilize funds under this title to establish new regional computer forensic laboratories within the Regional Computer Forensic Laboratories Program operated by the Federal Bureau of Investigation or may increase capacity at existing laboratories.

(b)

New computer forensic labs

If the Attorney General determines that new regional computer forensic laboratories are needed under subsection (a) to address existing backlogs, such new laboratories shall be established pursuant to subsection (d).

(c)

Purpose of new resources

The additional forensic capacity established by the resources provided under this section shall prioritize its activities to assist Federal agencies, State and local Internet Crimes Against Children task forces, and other Federal, State, and local law enforcement agencies in preventing, investigating, and prosecuting Internet crimes against children.

(d)

Purpose of new additional capacity

The location of any new regional computer forensic laboratories under this section shall be determined by the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, the Regional Computer Forensic Laboratory National Steering Committee, and other relevant stakeholders.

(e)

Report

Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General shall submit a report to the Congress on how the funds appropriated under this section were utilized.

(f)

Authorization of appropriations

There are authorized to be appropriated for fiscal years 2008 through 2015, $7,000,000 to carry out the provisions of this section.

4122.

Enhanced authority to investigate Internet crimes against children

Section 2516(2) of title 18, United States Code, is amended by inserting or crimes against children, including child exploitation, child obscenity, or other crimes dangerous to the life, limb, and well-being of minor children, after other dangerous drugs,.

4123.

Additional field agents for the FBI

(a)

In general

There are authorized to be appropriated to the Attorney General $20,000,000, for each of the fiscal years 2008 through 2009, and $25,000,000 for each of fiscal years 2010 through 2015, to fund the hiring of full-time Federal Bureau of Investigation field agents and associated analysts and support staff in addition to the number of such employees serving in those capacities on the date of enactment of this Act.

(b)

Sole purpose

The sole purpose of the additional staff required to be hired under subsection (a) is to work on child exploitation cases as part of the Federal Bureau of Investigation's Innocent Images National Initiative.

4124.

Immigrations and customs enforcement enhancement

(a)

Additional agents

There are authorized to be appropriated to the Secretary of Homeland Security $15,000,000, for each of the fiscal years 2008 through 2015, to fund the hiring of full-time agents and associated analysts and support staff within the Bureau of Immigration and Customs Enforcement in addition to the number of such employees serving in those capacities on the date of enactment of this Act.

(b)

Sole purpose

The sole purpose of the additional staff required to be hired under subsection (a) is to work on child exploitation and child obscenity cases.

4125.

Combating trafficking via the United States Postal Service

(a)

In general

There are authorized to be appropriated to the Postmaster General $5,000,000, for each of the fiscal years 2008 through 2015, to fund the hiring of full-time agents and associated analysts and support staff in addition to the number of such employees serving in those capacities on the date of enactment of this Act.

(b)

Sole purpose

The sole purpose of the additional staff required to be hired under subsection (a) is to work on child exploitation and child obscenity cases.

4126.

Accountability provisions for child exploitation prevention and interdiction

The Attorney General, in consultation with the Secretary of Homeland Security and the Postmaster General, shall report to the Committees on the Judiciary of the Senate and House of Representatives and any other relevant committee of jurisdiction, on an annual basis, on the resources (agents, forensic labs, prosecutors, etc.) being utilized by such agencies to investigate and prosecute child exploitation and child obscenity cases, including the resources established under this title, the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248; 120 Stat. 587), and any other law related to combating child exploitation and child obscenity.

4127.

Truth in sentencing report

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and report to Congress on the efforts to combat child exploitation at the Federal, State, and local level, including an examination of the average sentences for child sex offenders and the length of time served for each individual child sex offender.

B

Violence Against Children Act of 2007

4201.

Short title

This subtitle may be cited as the Violence Against Children Act of 2007.

4202.

Findings

Congress makes the following findings:

(1)

According to data from the National Incident-Based Reporting System, people under the age of 18 make up approximately 26 percent of violent crime victims reported to police, including 70 percent of all reported sexual assaults. Of the victims under the age of 18, approximately 37 percent were under the age of 12.

(2)

According to data from the Bureau of Justice Statistics, people between the ages of 12 and 17 are over 2 times more likely to be victims of violent crime than adults.

(3)

According to data from the Bureau of Justice Statistics, only 29 percent of violent crimes against people between ages 12 and 17 are actually reported to police.

(4)

According to data from the Department of Health and Human Services, an estimated 152,600 children were victims of physical abuse in 2004, of which approximately 422 were fatalities.

(5)

Child abuse has long-lasting negative effects upon children and families, including delayed development, depression, substance abuse, and increased likelihood of experiencing or perpetrating domestic violence as an adult.

(6)

Local law enforcement agencies are in need of additional resources to protect and serve the needs of children and families.

(7)

Legal representation, including training requirements for attorneys, guardians ad litem (GAL), and court appointed special advocates (CASA), and caseload restrictions, for children in dependency court varies substantially by State and jurisdiction.

(8)

With an estimated 30,000 gangs operating within the United States, gang violence and drug trafficking remain serious problems throughout the country, causing injury and death to innocent victims, often children.

(9)
(A)

On November 13, 2005, a gang-related dispute broke out in San Bernardino, California, and gunfire sprayed an apartment building, killing 11-year-old Mynisha Crenshaw and seriously wounding her 14-year-old sister as they ate Sunday dinner with their family.

(B)

This tragic shooting symbolizes the struggle that so many communities across the United States, like San Bernardino, face in combating gang violence, and serves as a reminder of the nationwide problem of protecting children from senseless violence.

(10)

According to the National Drug Threat Assessment, criminal street gangs are responsible for the distribution of much of the cocaine, methamphetamine, heroin, and other illegal drugs throughout the United States.

(11)

Coordination of Federal resources is needed to reduce gang violence through proven and proactive prevention and intervention programs, including programs that focus on keeping at-risk youth in school and out of the criminal justice system.

I

Enhanced Federal role in crimes against children

4211.

Enhanced penalties

(a)

In general

Chapter 110 of title 18, United States Code, is amended by inserting at the end the following:

2260A.

Violence against children

(a)

In general

Whoever, whether or not acting under color of law, in any circumstance described in subsection (b), by force or threat of force intentionally causes or attempts to cause serious bodily injury to any person under 18 years of age shall be imprisoned for any term of years or for life, and fined in accordance with this title, if—

(1)

death results from the offense; or

(2)

the offense includes aggravated assault or attempted aggravated assault, aggravated battery or attempted aggravated battery, robbery or attempted robbery, or an attempt to kill.

(b)

Circumstances

For purposes of subsection (a), the circumstances described in this subsection are that—

(1)

in the course of the conducts described in subsection (a), the minor or the defendant traveled in or was transported in interstate or foreign commerce;

(2)

the conduct described in subsection (a) is done within the special maritime and territorial jurisdiction of the United States; or

(3)

in the course of the conduct described in subsection (a) the defendant used a channel, facility, or instrumentality of interstate or foreign commerce.

(c)

Serious bodily injury

In this section—

(1)

the term serious bodily injury means injury involving extreme physical pain or the protracted impairment of a function of a bodily member, organ, or mental faculty, or requiring medical intervention such as surgery, hospitalization, or physical rehabilitation; and

(2)

serious bodily injury is deemed to have occurred if the offense involves conduct constituting criminal sexual abuse under section 2241 or 2242 of this title.

(d)

Penalties

An offense under this section shall not preempt any offense or penalty under relevant State law.

.

(b)

Amendment to chapter analysis

The chapter analysis for chapter 110 of title 18, United States Code, is amended by inserting at the end the following:

2260A. Violence against children.

.

(c)

Enhanced penalties for existing crimes when committed against children

Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this part and its purposes, the United States Sentencing Commission shall review and amend its guidelines and its policy statements to provide enhanced penalties when the victim of a Federal crime is under the age of 18.

(d)

GAO review of State laws

Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall—

(1)

review the statutory penalties for crimes against children under State laws and the sentencing practices of the States with respect to those crimes, including whether a State provides enhanced penalties when the victim of the crime is a child; and

(2)

report the findings of the review to Congress.

4212.

Enhanced assistance for criminal investigations and prosecutions by State and local law enforcement officials

(a)

In general

At the request of a State, Indian tribal government, or unit of local government, the Attorney General shall provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that—

(1)

constitutes a crime of violence (as defined in section 16 of title 18, United States Code);

(2)

constitutes a felony under the laws of the State or Indian tribe; and

(3)

is committed against a person under 18 years of age.

(b)

Priority

If the Attorney General determines that there are insufficient resources to fulfill requests made pursuant to subsection (a), the Attorney General shall give priority to requests for assistance to—

(1)

crimes committed by, or believed to be committed by, offenders who have committed crimes in more than 1 State; and

(2)

rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime.

(c)

Reporting requirements

(1)

In general

Every 180 days following the date of enactment of this Act, the Attorney General shall submit to Congress a report on applications for Federal assistance under this subtitle, and Federal assistance provided under this subtitle.

(2)

Contents

Each report under paragraph (1) shall include—

(A)

a listing of all applications for Federal assistance under this subtitle during the previous 180 days;

(B)

a description of each application submitted during the previous 180 days, whether approved, denied, or pending, including the name of the requesting party and the nature of the request for assistance;

(C)

reasons for approval or denial of each application, and the persons involved in the review and decision-making process for each application; and

(D)

if Federal assistance was provided, a description of the assistance provided, including the date on which the assistance was provided.

II

Grant programs

4221.

Federal assistance to State and local law enforcement

(a)

In general

The Attorney General shall award grants to assist States, Indian tribal governments, and units of local government to develop and strengthen effective law enforcement and prosecution of crimes against children.

(b)

Purposes

Grants provided under this section shall provide personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing crimes against children, and specifically, for the purposes of—

(1)

training law enforcement officers, prosecutors, judges, and other court personnel to more effectively identify and respond to crimes against children;

(2)

developing, training, or expanding units of law enforcement officers, prosecutors, or courts specifically targeting crimes against children;

(3)

developing and implementing more effective police and prosecution policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to crimes against children;

(4)

developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts for the purpose of identifying and tracking arrests, prosecutions, and convictions for crimes against children;

(5)

encouraging, developing, and strengthening programs, procedures, and policies that enhance cross-collaboration and cross-communication between law enforcement and child services agencies regarding the care, treatment, and services for child victims;

(6)

developing, enlarging, or strengthening programs addressing the needs and circumstances of Indian tribes in dealing with crimes against children; and

(7)

developing, training, or expanding units of law enforcement officers, prosecutors, or courts to investigate and prosecute Internet crimes against children, including increased development and training in the use of forensic methods.

(c)

Application

(1)

In general

Each State, Indian tribal government, or unit of local government that desires a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.

(2)

Requirements

A State, Indian tribal government, or unit of local government applying for a grant under this section shall—

(A)

describe—

(i)

the purposes for which the grant is needed;

(ii)

the intended use of the grant funds; and

(iii)

the expected results from the use of grant funds;

(B)

demonstrate that, in developing a plan to implement the grant, the State, Indian tribal government, or unit of local government has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of crimes against children; and

(C)

certify that—

(i)

any Federal funds received under this section will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this section; and

(ii)

the State, the Indian tribal government, or the State in which the unit of local government is located is in compliance with sections 4231 and 4232.

(d)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $50,000,000 for each of the fiscal years 2008 through 2010.

4222.

Education, prevention, and victims’ assistance grants

(a)

In general

The Attorney General shall award grants to assist States, Indian tribal governments, units of local government, universities, and nongovernmental organizations to provide education, prevention, intervention, and victims’ assistance services regarding crimes against children.

(b)

Purposes

Grants provided under this section shall be used to provide education, prevention, and intervention services to prevent crimes against children and to provide assistance to children, and the families of children, who are victims of crime, including—

(1)

educational seminars;

(2)

the operation of hotlines;

(3)

training programs for professionals;

(4)

the preparation of informational material for education and public awareness;

(5)

multidisciplinary training curricula at accredited schools of law and undergraduate institutions in order to provide a broad and comprehensive foundation for improved intervention and representation of abused and neglected children;

(6)

intervention services to prevent crimes against children;

(7)

other efforts to increase awareness of the facts about, or to help prevent, crimes against children, including efforts to increase awareness in underserved racial, ethnic, and language minority communities;

(8)

emergency medical treatment for victims;

(9)

counseling to victims of crimes against children and their families; and

(10)

increasing the supply of mental health professionals specializing in the mental health of victims of crimes against children.

(c)

Application

(1)

In general

Each State, Indian tribal government, unit of local government, or nongovernmental organization that desires a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require.

(2)

Requirements

A State, Indian tribal government, unit of local government, or nongovernmental organization applying for a grant under this section shall—

(A)

describe—

(i)

the purposes for which the grant is needed;

(ii)

the intended use of the grant funds; and

(iii)

the expected results from the use of grant funds;

(B)

demonstrate that, in developing a plan to implement the grant—

(i)

in the case of a State, Indian tribal government, or unit of local government, that the State, Indian tribal government, or unit of local government has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of crimes against children; and

(ii)

in the case of a nongovernmental organization, that the nongovernmental organization has experience in providing education, prevention, or intervention services regarding crimes against children or has experience in providing services to victims of crimes against children; and

(C)

certify that—

(i)

any Federal funds received under this section will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this section, provided that the Attorney General may waive such requirement for nongovernmental organizations in extraordinary circumstances; and

(ii)

the State, the Indian tribal government, the State in which the unit of local government is located, or the State in which the nongovernmental organization will operate the activities funded under this section is located, is in compliance with section 4233.

(d)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $50,000,000 for each of the fiscal years 2008 through 2010.

III

Nationwide programs

4231.

Improved statistical gathering

Each State receiving grants pursuant to part II shall use, or shall be in the process of testing or developing protocols to use, the National Incident-Based Reporting System.

4232.

National safe haven

(a)

In general

Not later than 3 years after the date of enactment of this Act, each State receiving grants pursuant to part II shall have in effect a statute that—

(1)

permits a parent to leave a newborn baby with a medically trained employee of a hospital emergency room anonymously without any criminal or other penalty;

(2)

includes a mechanism to encourage and permit a hospital employee in the receiving hospital to collect information about the medical history of the family subject to the approval of the parent;

(3)

requires law enforcement entities in the State, immediately after relinquishment of a child under paragraph (1), to search State and Federal missing person databases to ensure that the child has not been reported missing; and

(4)

includes a plan for publicizing the State’s Safe Haven law.

(b)

Exception

Notwithstanding subsection (a)(1), a State statute in effect pursuant to this section may deny a parent the ability to leave a newborn baby anonymously without any criminal or other penalty if the newborn baby shows signs of abuse or appears to have been intentionally harmed.

4233.

Improved child protection services programs

Not later than 180 days after the date of enactment of this Act, each State receiving an allotment for child welfare services under subpart 1 of part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.) shall submit to the Secretary of Health and Human Services a report detailing the State’s program funded under that subpart, including the process for maintaining records and verifying the well-being of the children under the State’s care.

4234.

Model training and caseload standards

(a)

Development

(1)

Model curriculum and training standards

The Secretary of Health and Human Services, in conjunction with the Attorney General, shall develop model standards for curriculum and training for individuals who are guardians ad litem, court appointed special advocates, or attorneys ad litem, in child abuse and neglect cases (as defined in section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g)). The Secretary of Health and Human Services shall design the standards to improve the quality of representation by, and uniformity of practices of, such individuals, throughout the United States.

(2)

Caseload standards

The Secretary of Health and Human Services, after consulting with the Attorney General, shall develop caseload standards for the individuals described in paragraph (1).

(b)

Dissemination

Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services shall disseminate the standards developed under paragraphs (1) and (2) of subsection (a) to State child welfare agencies receiving assistance under subpart 1 of part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.).

IV

Mynisha's Law

4241.

Short title

This part may be cited as Mynisha's Law.

4242.

Federal coordination and assistance in preventing gang violence

The Attorney General shall establish an interagency task force to provide Federal assistance and coordination in preventing gang violence.

4243.

Designation as a High Intensity Interstate Gang Area

(a)

In general

A unit of local government, city, county, tribal government, or a group of counties (whether located in 1 or more States) may submit an application to the Attorney General for designation as a high intensity interstate gang area.

(b)

Criteria

(1)

In general

The Attorney General shall establish criteria for reviewing applications submitted under subsection (a).

(2)

Considerations

In establishing criteria under subsection (a) and evaluating an application for designation as a high intensity interstate gang area, the Attorney General shall consider—

(A)

the current and predicted levels of gang crime activity in the area;

(B)

the extent to which violent crime in the area appears to be related to criminal gang activity;

(C)

the extent to which the area is already engaged in local or regional collaboration regarding, and coordination of, gang prevention activities;

(D)

the extent to which an increase in the allocation of Federal resources would enhance local response to the gang crime or gang prevention activities in the area; and

(E)

such other criteria as the Attorney General determines to be appropriate.

4244.

Purpose of the Task Force

(a)

In general

In order to coordinate Federal assistance to high intensity interstate gang areas, the Attorney General shall establish an Interagency Gang Prevention Task Force (in this part referred to as the Task Force), consisting of a representative from—

(1)

the Department of Justice;

(2)

the Department of Education;

(3)

the Department of Labor;

(4)

the Department of Health and Human Services; and

(5)