[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2237 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 2237
To fight crime.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 25, 2007
Mr. Biden introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To fight crime.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crime Control and Prevention Act of
2007''.
SEC. 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.
TITLE I--SUPPORTING THE FIRST LINE OF DEFENSE
Subtitle A--COPS Improvement Act
SEC. 1101. SHORT TITLE.
This subtitle may be cited as the ``COPS Improvements Act of
2007''.
SEC. 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:
``SEC. 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.''.
Subtitle B--FBI Act of 2007
SEC. 1201. SHORT TITLE.
This subtitle be cited as the ``Full-strength Bureau Initiative Act
of 2007'' or the ``FBI Act of 2007''.
SEC. 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.
SEC. 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.
Subtitle C--Project to Protect America Act of 2007
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the ``Project to Protect America Act
of 2007''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 1306. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle D--Drug Enforcement Special Agents Restoration Act of 2007
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the ``Drug Enforcement Special Agents
Restoration Act of 2007''.
SEC. 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.
SEC. 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.
SEC. 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.
Subtitle E--National Commission on Law Enforcement and the
Administration of Justice Act of 2007
SEC. 1501. SHORT TITLE.
This subtitle may be cited as the ``National Commission on Law
Enforcement and the Administration of Justice Act of 2007''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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).
SEC. 1508. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $3,000,000 to carry out
this subtitle, to remain available until expended.
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.
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.''.
PART II--CHILD ABUSE PREVENTION AND TREATMENT
SEC. 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).''.
SEC. 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).''.
SEC. 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.''.
SEC. 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.''.
SEC. 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.''.
SEC. 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.''.
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.
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.''.
PART IV--SAFE BABIES ACT OF 2007
SEC. 2141. SHORT TITLE.
This part may be cited as the ``Safe Babies Act of 2007''.
SEC. 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.
SEC. 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:
``PART F--COURT TEAMS
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.''.
SEC. 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.''.
Subtitle B--Gang Abatement and Prevention Act of 2007
SEC. 2201. SHORT TITLE.
This subtitle may be cited as the ``Gang Abatement and Prevention
Act of 2007''.
SEC. 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.
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.
(a) In General.--Chapter 26 of title 18, United States Code, is
amended to read as follows:
``CHAPTER 26--CRIMINAL STREET GANGS
``Sec.
``521. Definitions.
``522. Criminal street gang prosecutions.
``523. Recruitment of persons to participate in a criminal street gang.
``524. Violent crimes in furtherance of criminal street gangs.
``525. Forfeiture.
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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.
``Sec. 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''.
PART II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE
SEC. 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.''.
SEC. 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:
``SEC. 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.''.
SEC. 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,''.
SEC. 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:
``Sec. 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.''.
SEC. 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.
SEC. 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).
SEC. 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''.
SEC. 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.''.
SEC. 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.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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,''.
SEC. 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:
``Sec. 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.''.
SEC. 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.
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.
(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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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:
``SEC. 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.''.
SEC. 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.''.
SEC. 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.
SEC. 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:
``Sec. 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.
SEC. 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.''.
SEC. 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''.
SEC. 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.
SEC. 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.
SEC. 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.''.
SEC. 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.
PART IV--CRIME PREVENTION AND INTERVENTION STRATEGIES
SEC. 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''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
Subtitle C--School Safety and Student Protection Act of 2007
SEC. 2301. SHORT TITLE.
This subtitle may be cited as the ``School Safety and Student
Protection Act of 2007''.
SEC. 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:
``SEC. 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.''.
Subtitle D--Civic Justice Corps Demonstration Act of 2007
SEC. 2401. SHORT TITLE.
This subtitle may be cited as the ``Civic Justice Corps
Demonstration Act of 2007''.
SEC. 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.
SEC. 2403. DEFINITIONS.
In this subtitle, the term ``eligible entity'' means a nonprofit
organization or a unit of local government.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
Subtitle E--National Domestic Violence Volunteer Attorney Network Act
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ``National Domestic Violence
Volunteer Attorney Network Act''.
SEC. 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).
SEC. 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.''.
SEC. 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.
SEC. 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.
SEC. 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.''.
SEC. 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.
SEC. 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.
Subtitle F--Juvenile Delinquency Court Improvement
SEC. 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:
``PART G--JUVENILE DELINQUENCY COURT IMPROVEMENT ACT
``SEC. 281A. SHORT TITLE.
``This part may be cited as the `Juvenile Delinquency Court
Improvement Act'.
``SEC. 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).
``SEC. 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.
``SEC. 281D. ELIGIBLE ENTITIES.
``Eligible grantees under this part are the highest courts of the
States.
``SEC. 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.''.
SEC. 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:
``PART H--THE JUVENILE DELINQUENCY JUDICIAL TRAINING AND TECHNICAL
ASSISTANCE ACT
``SEC. 282A. SHORT TITLE.
``This part may be cited as the `Juvenile Delinquency Judicial
Training and Technical Assistance Act'.
``SEC. 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.
``SEC. 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.
``SEC. 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.''.
SEC. 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:
``PART I--THE JUVENILE AND FAMILY COURT TRAINING, TECHNICAL ASSISTANCE,
AND DATA COLLECTION ACT
``SEC. 283A. SHORT TITLE.
``This part may be cited as the `Juvenile and Family Court
Training, Technical Assistance, and Data Collection Act'.
``SEC. 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.
``SEC. 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.
``SEC. 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.
``SEC. 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.''.
SEC. 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:
``PART J--MODEL COURTS ENHANCEMENTS ACT
``SEC. 284A. SHORT TITLE.
``This part may be cited as the `Model Courts Enhancements Act'.
``SEC. 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.
``SEC. 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.
``SEC. 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.''.
Subtitle G--Improving Assistance to Domestic and Sexual Violence
Victims Act of 2007
SEC. 2701. SHORT TITLE.
This subtitle may be cited as the ``Improving Assistance to
Domestic and Sexual Violence Victims Act of 2007''.
SEC. 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.''.
SEC. 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:
``SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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''.
SEC. 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.''.
SEC. 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''.
SEC. 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.''.
TITLE III--PROTECTING COMMUNITIES BY REDUCING RECIDIVISM
Subtitle A--Enhanced Second Chance Act of 2007
SEC. 3101. SHORT TITLE.
This subtitle may be cited as the ``Enhanced Second Chance Act of
2007''.
SEC. 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.
SEC. 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 State`s reentry plan includes performance
measures to assess the State's 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''.
SEC. 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).
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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--''.
SEC. 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.''.
SEC. 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)).''.
SEC. 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.
SEC. 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:
``SEC. 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.''.
SEC. 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;''.
SEC. 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.
SEC. 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.
SEC. 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.''.
SEC. 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.
SEC. 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.''.
Subtitle B--Commission To Study Alternatives to Incarceration of Non-
Violent Mentally Ill Offenders Act of 2007
SEC. 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''.
SEC. 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).
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 3207. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 3204.
SEC. 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.
TITLE IV--PROTECTING CHILDREN
Subtitle A--Combating Child Exploitation Act of 2007
SEC. 4101. SHORT TITLE.
This subtitle may be cited as the ``Combating Child Exploitation
Act of 2007''.
SEC. 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.
SEC. 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.
PART I--SPECIAL COUNSEL FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
PART II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION
SEC. 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.
SEC. 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,''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
Subtitle B--Violence Against Children Act of 2007
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ``Violence Against Children Act
of 2007''.
SEC. 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.
PART I--ENHANCED FEDERAL ROLE IN CRIMES AGAINST CHILDREN
SEC. 4211. ENHANCED PENALTIES.
(a) In General.--Chapter 110 of title 18, United States Code, is
amended by inserting at the end the following:
``Sec. 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.
SEC. 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.
PART II--GRANT PROGRAMS
SEC. 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.
SEC. 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.
PART III--NATIONWIDE PROGRAMS
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.).
PART IV--MYNISHA'S LAW
SEC. 4241. SHORT TITLE.
This part may be cited as ``Mynisha's Law''.
SEC. 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.
SEC. 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.
SEC. 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) the Department of Housing and Urban Development.
(b) Coordination.--For each high intensity interstate gang area
designated by the Attorney General under section 4243, the Task Force
shall--
(1) coordinate the activities of the Federal Government to
create a comprehensive gang prevention response, focusing on
early childhood intervention, at-risk youth intervention,
literacy, employment, and community policing; and
(2) coordinate its efforts with local and regional gang
prevention efforts.
(c) Programs.--The Task Force shall prioritize the needs of high
intensity interstate gang areas for funding under--
(1) the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.);
(2) the Even Start programs under subpart 3 of part B of
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6381 et seq.);
(3) the Healthy Start Initiative under section 330H of the
Public Health Services Act (42 U.S.C. 254c-8);
(4) the Head Start Act (42 U.S.C. 9831 et seq.);
(5) the 21st Century Community Learning Centers program
under part B of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7171 et seq.);
(6) the Job Corps program under subtitle C of title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.);
(7) the community development block grant program under
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.);
(8) the Gang Resistance Education and Training projects
under subtitle X of title III of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13921);
(9) any program administered by the Office of Community
Oriented Policing Services;
(10) the Juvenile Accountability Block Grant program under
part R of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ee et seq.);
(11) 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.); and
(12) any other program that the Task Force determines to be
appropriate.
(d) Reporting Requirements.--
(1) In general.--Not later than February 1 of each year,
the Task Force shall submit to Congress and the Attorney
General a report on the funding needs and programmatic outcomes
for each area designated as a high intensity interstate gang
area.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) an evidence-based analysis of the best
practices and outcomes among the areas designated as
high intensity interstate gang areas; and
(B) an analysis of the adequacy of Federal funding
to meet the needs of each area designated as a high
intensity interstate gang area and, if the Task Force
identifies any programmatic shortfalls in addressing
gang prevention, a request for new funding or
reprogramming of existing funds to meet such
shortfalls.
SEC. 4245. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to meet any needs identified in any report submitted under section
4244(d)(1).
PART V--SCHOOL SAFETY ENHANCEMENTS
SEC. 4251. GRANT PROGRAM FOR SCHOOL SECURITY.
Section 2701 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797a) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting
``surveillance,'' after ``detectors,'';
(B) by striking paragraph (2) and inserting the
following:
``(2) The establishment of hotlines or tiplines for the
reporting of potentially dangerous students and situations.'';
(C) by redesignating paragraph (5) as paragraph
(6); and
(D) by inserting after paragraph (4) the following:
``(5) Capital improvements to make school facilities more
secure.'';
(2) by striking subsection (d)(1) and inserting the
following:
``(1) Notwithstanding section 1701(g), the Federal share of
the costs of a program provided by a grant under subsection (a)
shall be 80 percent of the total of such costs. The non-Federal
share of such costs shall be 20 percent of such costs.''; and
(3) by adding at the end the following:
``(g) Interagency Task Force.--Not later than 60 days after the
date of enactment of this subsection, the Director and the Secretary of
Education, or the designee of the Secretary, shall establish an
interagency task force to develop and promulgate a set of advisory
school safety guidelines. The advisory school safety guidelines shall
be published in the Federal Register by not later than June 1, 2008.''.
SEC. 4252. APPLICATIONS.
Section 2702(a)(2) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797b(a)(2)) is amended to read as follows:
``(2) be accompanied by a report, signed by the chief
education officer and the attorney general or other chief legal
officer of the State, unit of local government, or Indian
tribe, demonstrating that each proposed use of the grant funds
will be--
``(A) an effective means for improving the safety
of 1 or more schools;
``(B) consistent with a comprehensive approach to
preventing school violence; and
``(C) individualized to the needs of each school at
which those improvements are to be made.''.
SEC. 4253. AUTHORIZATION OF APPROPRIATIONS.
Section 2705 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797e) is amended by striking ``$30,000,000'' and
inserting ``$50,000,000''.
TITLE V--DRUG CONTROL, PREVENTION AND TREATMENT
Subtitle A--Drug Sentencing Reform and Cocaine Kingpin Trafficking Act
of 2007
SEC. 5101. SHORT TITLE.
This subtitle may be cited as the ``Drug Sentencing Reform and
Cocaine Kingpin Trafficking Act of 2007''.
SEC. 5102. COCAINE SENTENCING DISPARITY ELIMINATION.
(a) CSA.--Section 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)(1)) is amended--
(1) in subparagraph (A)(iii), by striking ``50 grams'' and
inserting ``5 kilograms''; and
(2) in subparagraph (B)(iii), by striking ``5 grams'' and
inserting ``500 grams.''
(b) Import and Export Act.--Section 1010(b) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (1)(C), by striking ``50 grams'' and
inserting ``5 kilograms''; and
(2) in paragraph (2)(C), by striking ``5 grams'' and
inserting ``500 grams''.
SEC. 5103. ELIMINATION OF MANDATORY MINIMUM FOR SIMPLE POSSESSION.
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a))
is amended by striking the sentence beginning ``Notwithstanding the
preceding sentence,''.
SEC. 5104. INCREASED EMPHASIS ON CERTAIN AGGRAVATING AND MITIGATING
FACTORS.
Pursuant to its authority under section 994 of title 28, United
States Code, the United States Sentencing Commission shall review and,
if appropriate, amend the sentencing guidelines to ensure that the
penalties for an offense involving trafficking of a controlled
substance--
(1) provide tiered enhancements for the involvement of a
dangerous weapon or violence, including, if appropriate--
(A) an enhancement for the use or brandishment of a
dangerous weapon;
(B) an enhancement for the use, or threatened use,
of violence; and
(C) any other enhancement the Commission considers
necessary;
(2) adequately take into account the culpability of the
defendant and the role of the defendant in the offense,
including consideration of whether enhancements should be
added, either to the existing enhancements for aggravating role
or otherwise, that take into account aggravating factors
associated with the offense, including--
(A) whether the defendant committed the offense as
part of a pattern of criminal conduct engaged in as a
livelihood;
(B) whether the defendant is an organizer or leader
of drug trafficking activities involving 5 or more
persons;
(C) whether the defendant maintained an
establishment for the manufacture or distribution of
the controlled substance;
(D) whether the defendant distributed a controlled
substance to an individual under the age of 21 years of
age or to a pregnant woman;
(E) whether the defendant involved an individual
under the age of 18 years or a pregnant woman in the
offense;
(F) whether the defendant manufactured or
distributed the controlled substance in a location
described in section 409(a) or section 419(a) of the
Controlled Substances Act (21 U.S.C. 849(a) or 860(a));
(G) whether the defendant bribed, or attempted to
bribe, a Federal, State, or local law enforcement
officer in connection with the offense;
(H) whether the defendant was involved in
importation into the United States of a controlled
substance;
(I) whether bodily injury or death occurred in
connection with the offense;
(J) whether the defendant committed the offense
after previously being convicted of a felony controlled
substances offense; and
(K) any other factor the Commission considers
necessary; and
(3) adequately take into account mitigating factors
associated with the offense, including--
(A) whether the defendant had minimum knowledge of
the illegal enterprise;
(B) whether the defendant received little or no
compensation in connection with the offense;
(C) whether the defendant acted on impulse, fear,
friendship, or affection when the defendant was
otherwise unlikely to commit such an offense; and
(D) whether any maximum base offense level should
be established for a defendant who qualifies for a
mitigating role adjustment.
SEC. 5105. OFFENDER DRUG TREATMENT INCENTIVE GRANTS.
(a) Grant Program Authorized.--The Attorney General shall carry out
a grant program under which the Attorney General may make grants to
States, units of local government, territories, and Indian tribes in an
amount described in subsection (c) to improve the provision of drug
treatment to offenders in prisons, jails, and juvenile facilities.
(b) Requirements for Application.--
(1) In general.--To be eligible to receive a grant under
subsection (a) for a fiscal year, an entity described in that
subsection shall, in addition to any other requirements
specified by the Attorney General, submit to the Attorney
General an application that demonstrates that, with respect to
offenders in prisons, jails, and juvenile facilities who
require drug treatment and who are in the custody of the
jurisdiction involved, during the previous fiscal year that
entity provided drug treatment meeting the standards
established by the Single State Authority for Substance Abuse
(as that term is defined in section 5106) for the relevant
State to a number of such offenders that is 2 times the number
of such offenders to whom that entity provided drug treatment
during the fiscal year that is 2 years before the fiscal year
for which that entity seeks a grant.
(2) Other requirements.--An application under this section
shall be submitted in such form and manner and at such time as
specified by the Attorney General.
(c) Allocation of Grant Amounts Based on Drug Treatment Percent
Demonstrated.--The Attorney General shall allocate amounts under this
section for a fiscal year based on the percent of offenders described
in subsection (b)(1) to whom an entity provided drug treatment in the
previous fiscal year, as demonstrated by that entity in its application
under that subsection.
(d) Uses of Grants.--A grant awarded to an entity under subsection
(a) shall be used--
(1) for continuing and improving drug treatment programs
provided at prisons, jails, and juvenile facilities of that
entity; and
(2) to strengthen rehabilitation efforts for offenders by
providing addiction recovery support services, such as job
training and placement, education, peer support, mentoring, and
other similar services.
(e) Reports.--An entity that receives a grant under subsection (a)
during a fiscal year shall, not later than the last day of the
following fiscal year, submit to the Attorney General a report that
describes and assesses the uses of such grant.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section for each of fiscal
years 2008 and 2009.
SEC. 5106. GRANTS FOR DEMONSTRATION PROGRAMS TO REDUCE DRUG USE
SUBSTANCE ABUSERS.
(a) Awards Required.--The Attorney General may make competitive
grants to eligible partnerships, in accordance with this section, for
the purpose of establishing demonstration programs to reduce the use of
alcohol and other drugs by supervised substance abusers during the
period in which each such substance abuser is in prison, jail, or a
juvenile facility, and until the completion of parole or court
supervision of such abuser.
(b) Use of Grant Funds.--A grant made under subsection (a) to an
eligible partnership for a demonstration program, shall be used--
(1) to support the efforts of the agencies, organizations,
and researchers included in the eligible partnership, with
respect to the program for which a grant is awarded under this
section;
(2) to develop and implement a program for supervised
substance abusers during the period described in subsection
(a), which shall include--
(A) alcohol and drug abuse assessments that--
(i) are provided by a State-approved
program;
(ii) provide adequate incentives for
completion of a comprehensive alcohol or drug
abuse treatment program, including through the
use of graduated sanctions; and
(B) coordinated and continuous delivery of drug
treatment and case management services during such
period; and
(3) to provide addiction recovery support services (such as
job training and placement, peer support, mentoring, education,
and other related services) to strengthen rehabilitation
efforts for substance abusers.
(c) Application.--To be eligible for a grant under subsection (a)
for a demonstration program, an eligible partnership shall submit to
the Attorney General an application that--
(1) identifies the role, and certifies the involvement, of
each agency, organization, or researcher involved in such
partnership, with respect to the program;
(2) includes a plan for using judicial or other criminal or
juvenile justice authority to supervise the substance abusers
who would participate in a demonstration program under this
section, including for--
(A) administering drug tests for such abusers on a
regular basis; and
(B) swiftly and certainly imposing an established
set of graduated sanctions for non-compliance with
conditions for reentry into the community relating to
drug abstinence (whether imposed as a pre-trial,
probation, or parole condition, or otherwise);
(3) includes a plan to provide supervised substance abusers
with coordinated and continuous services that are based on
evidence-based strategies and that assist such abusers by
providing such abusers with--
(A) drug treatment while in prison, jail, or a
juvenile facility;
(B) continued treatment during the period in which
each such substance abuser is in prison, jail, or a
juvenile facility, and until the completion of parole
or court supervision of such abuser;
(C) addiction recovery support services;
(D) employment training and placement;
(E) family-based therapies;
(F) structured post-release housing and
transitional housing, including housing for recovering
substance abusers; and
(G) other services coordinated by appropriate case
management services;
(4) includes a plan for coordinating the data
infrastructures among the entities included in the eligible
partnership and between such entities and the providers of
services under the demonstration program involved (including
providers of technical assistance) to assist in monitoring and
measuring the effectiveness of demonstration programs under
this section; and
(5) includes a plan to monitor and measure the number of
substance abusers--
(A) located in each community involved; and
(B) who improve the status of their employment,
housing, health, and family life.
(d) Reports to Congress.--
(1) Interim report.--Not later than September 30, 2008, the
Attorney General shall submit to Congress a report that
identifies the best practices relating to the comprehensive and
coordinated treatment of substance abusers, including the best
practices identified through the activities funded under this
section.
(2) Final report.--Not later than September 30, 2009, the
Attorney General shall submit to Congress a report on the
demonstration programs funded under this section, including on
the matters specified in paragraph (1).
(e) Definitions.--In this section:
(1) Eligible partnership.--The term ``eligible
partnership'' means a partnership that includes--
(A) the applicable Single State Authority for
Substance Abuse;
(B) the State, local, territorial, or tribal
criminal or juvenile justice authority involved;
(C) a researcher who has experience in evidence-
based studies that measure the effectiveness of
treating long-term substance abusers during the period
in which such abusers are under the supervision of the
criminal or juvenile justice system involved;
(D) community-based organizations that provide drug
treatment, related recovery services, job training and
placement, educational services, housing assistance,
mentoring, or medical services; and
(E) Federal agencies (such as the Drug Enforcement
Agency, the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, and the office of a United States
attorney).
(2) Substance abuser.--The term ``substance abuser'' means
an individual who--
(A) is in a prison, jail, or juvenile facility;
(B) has abused illegal drugs or alcohol for a
number of years; and
(C) is scheduled to be released from prison, jail,
or a juvenile facility during the 24-month period
beginning on the date the relevant application is
submitted under subsection (c).
(3) Single state authority for substance abuse.--The term
``Single State Authority for Substance Abuse'' means an entity
designated by the Governor or chief executive officer of a
State as the single State administrative authority responsible
for the planning, development, implementation, monitoring,
regulation, and evaluation of substance abuse services in that
State.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2008 and 2009.
SEC. 5107. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION.
(a) In General.--The United States Sentencing Commission, in its
discretion, may--
(1) promulgate amendments pursuant to the directives in
this subtitle in accordance with the procedure set forth in
section 21(a) of the Sentencing Act of 1987 (Public Law 100-
182), as though the authority under that Act had not expired;
and
(2) pursuant to the emergency authority provided in
paragraph (1), make such conforming amendments to the
Sentencing Guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and
applicable law.
(b) Promulgation.--The Commission shall promulgate any amendments
under subsection (a) promptly so that the amendments take effect on the
same date as the amendments made by this subtitle.
SEC. 5108. INCREASED PENALTIES FOR MAJOR DRUG TRAFFICKERS.
(a) Increased Penalties for Manufacture, Distribution,
Dispensation, or Possession With Intent To Manufacture, Distribute, or
Dispense.--Section 401(b)(1) of the Controlled Substances Act (21
U.S.C. 841(b)) is amended--
(1) in subparagraph (A), by striking ``$4,000,000'',
``$10,000,000'', ``$8,000,000'', and ``$20,000,000'' and
inserting ``$10,000,000'', ``$50,000,000'', ``$20,000,000'',
and ``$75,000,000'', respectively; and
(2) in subparagraph (B), by striking ``$2,000,000'',
``$5,000,000'', ``$4,000,000'', and ``$10,000,000'' and
inserting ``$5,000,000'', ``$25,000,000'', ``$8,000,000'', and
``$50,000,000'', respectively.
(b) Increased Penalties for Importation and Exportation.--Section
1010(b) of the Controlled Substances Import and Export Act (21 U.S.C.
960(b)) is amended--
(1) in paragraph (1), by striking ``$4,000,000'',
``$10,000,000'', ``$8,000,000'', and ``$20,000,000'' and
inserting ``$10,000,000'', ``$50,000,000'', ``$20,000,000'',
and ``$75,000,000'', respectively, and
(2) in paragraph (2), by striking ``$2,000,000'',
``$5,000,000'', ``$4,000,000'', and ``$10,000,000'' and
inserting ``$5,000,000'', ``$25,000,000'', ``$8,000,000'', and
``$50,000,000'', respectively.
SEC. 5109. AUTHORIZATION OF APPROPRIATIONS AND REQUIRED REPORT.
(a) Authorization of Appropriations for Department of Justice.--
There is authorized to be appropriated to the Department of Justice not
more than $36,000,000 for each of the fiscal years 2008 and 2009 for
the prosecution of high-level drug offenses, of which--
(1) $15,000,000 is for salaries and expenses of the Drug
Enforcement Administration;
(2) $15,000,000 is for salaries and expenses for the
Offices of United States Attorneys;
(3) $4,000,000 each year is for salaries and expenses for
the Criminal Division; and
(4) $2,000,000 is for salaries and expenses for the Office
of the Attorney General for the management of such
prosecutions.
(b) Authorization of Appropriations for Department of Treasury.--
There is authorized to be appropriated to the Department of the
Treasury for salaries and expenses of the Financial Crime Enforcement
Network (FINCEN) not more than $10,000,000 for each of fiscal years
2008 and 2009 in support of the prosecution of high-level drug
offenses.
(c) Authorization of Appropriations for Department of Homeland
Security.--There is authorized to be appropriated for the Department of
Homeland Security not more than $10,000,000 for each of fiscal years
2008 and 2009 for salaries and expenses in support of the prosecution
of high-level drug offenses.
(d) Additional Funds.--Amounts authorized to be appropriated under
this section shall be in addition to amounts otherwise available for,
or in support of, the prosecution of high-level drug offenses.
(e) Report of Comptroller General.--Not later than 180 days after
the end of each of fiscal years 2008 and 2009, the Comptroller General
shall submit to the Committees on the Judiciary and the Committees on
Appropriations of the Senate and House of Representatives a report
containing information on the actual uses made of the funds
appropriated pursuant to the authorization of this section.
SEC. 5110. EFFECTIVE DATE.
The amendments made by this subtitle shall apply to any offense
committed on or after 180 days after the date of enactment of this Act.
There shall be no retroactive application of any portion of this
subtitle.
Subtitle B--Dextromethorphan Abuse Reduction Act of 2007
SEC. 5201. SHORT TITLE.
This subtitle may be cited as the ``Dextromethorphan Abuse
Reduction Act of 2007''.
SEC. 5202. FINDINGS.
Congress finds the following:
(1) When used properly, cough medicines that contain
dextromethorphan have a long history of being safe and
effective. But abuse of dextromethorphan at high doses can
produce hallucinations, rapid heart beat, high blood pressure,
loss of consciousness, and seizures. The dangers multiply when
dextromethorphan is abused with alcohol, prescription drugs, or
narcotics.
(2) Dextromethorphan is inexpensive, legal, and readily
accessible, which has contributed to the increased abuse of
that drug, particularly among teenagers.
(3) Increasing numbers of teens and others are abusing
dextromethorphan by ingesting it in excessive quantities.
Prolonged use at high doses can lead to psychological
dependence on the drug. Abuse of dextromethorphan can also
cause impaired judgment, which can lead to injury or death.
(4) Dextromethorphan abuse increased by a factor of 10
during the period of 1999 through 2004, with an increase by a
factor of 15 among children aged 9 to 17 years.
(5) An estimated 2,400,000 teenagers (1 in 10) abused over-
the-counter cough medicines in 2005. Children ages 9 to 17
years are the fastest growing group of dextromethorphan
abusers.
(6) The Food and Drug Administration has called the abuse
of dextromethorphan a ``serious issue'' and a ``disturbing new
trend'' that can cause ``death as well as other serious adverse
events such as brain damage, seizure, loss of consciousness,
and irregular heartbeat.''.
(7) In recognition of the problem, several retailers have
voluntarily implemented age restrictions on purchases of cough
and cold medicines containing dextromethorphan.
(8) Prevention is a key component of addressing the rise in
the abuse of legal medications. Education campaigns teaching
teens and parents about the dangers of these drugs are an
important part of this effort.
SEC. 5203. DEXTROMETHORPHAN.
(a) Definitions.--Section 102 of the Controlled Substances Act (21
U.S.C. 802) is amended by adding at the end the following:
``(50) The term `finished dosage form', relating to
dextromethorphan, means dextromethorphan that--
``(A) is--
``(i) in a tablet, capsule, solution, liquid, or
other form intended for retail sale, and that generally
contains inactive ingredients; and
``(ii) approved under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.) as a
nonprescription drug (as that term is defined in
section 760 of that Act (21 U.S.C. 379aa)); or
``(B) has been combined with other active or inactive
ingredients during the process of manufacturing a tablet,
capsule, solution, liquid, or other form described in
subparagraph (A).
``(51) The term `unfinished', relating to dextromethorphan, means
any concentration or amount of dextromethorphan that is not in finished
dosage form.''.
(b) Unfinished Dextromethorphan.--Schedule V of section 202(c) of
the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding
at the end the following:
``(6) Unfinished dextromethorphan.''.
(c) Sales of Dextromethorphan in Finished Dosage Form.--
(1) In general.--Part D of title II of the Controlled
Substances Act (21 U.S.C. 841 et seq.), as amended by this Act,
is amended by adding at the end the following:
``SEC. 425. CIVIL PENALTIES FOR CERTAIN DEXTROMETHORPHAN SALES.
``(a) In General.--
``(1) Sale.--
``(A) In general.--Except as provided in paragraph
(2), it shall be unlawful for any person to knowingly
sell, cause another to sell, or conspire to sell a
product containing dextromethorphan to an individual
under the age of 18 years, including any such sale
using the Internet.
``(B) Failure to check identification.--If a person
fails to request identification from an individual
under the age of 18 years and sells a product
containing dextromethorphan to that individual, that
person shall be deemed to have known that the
individual was under the age of 18 years.
``(C) Affirmative defense.--It shall be an
affirmative defense to an alleged violation of
subparagraph (A) that the person selling a product
containing dextromethorphan examined the purchaser's
identification card and, based on that examination,
that person reasonably concluded that the
identification was valid and indicated that the
purchaser was not less than 18 years of age.
``(2) Exception.--This section shall not apply to any sale
made pursuant to a validly issued prescription.
``(b) Fines.--
``(1) In general.--The Attorney General may impose a civil
penalty on a person for violating subsection (a)(1)(A),
including a violation of that subsection committed by an
employee or agent of such person.
``(2) Maximum amount.--A civil penalty imposed under
paragraph (1) shall be--
``(A) not more than $1,000 for the first violation
of subsection (a)(1)(A) by a person;
``(B) not more than $2,000 for the second violation
of subsection (a)(1)(A) by a person; and
``(C) not more than $5,000 for the third violation,
or a subsequent violation, of subsection (a)(1)(A) by a
person.
``(3) Number of violations.--If a person makes sales of
dextromethorphan at more than 1 location, for purposes of
determining the number of violations by that person under this
subsection each individual location operated by that person
shall be considered a separate person.
``(c) Definition of Identification Card.--In this section, the term
`identification card' means an identification card that--
``(1) includes a photograph and the date of birth of the
individual;
``(2) is issued by a State or the Federal Government; and
``(3) is considered acceptable for purposes of sections
274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code
of Federal Regulations (as in effect on or after the date of
the enactment of this section).''.
(2) Regulations.--
(A) Internet sales.--Not later than 180 days after
the date of enactment of this Act, the Attorney General
of the United States shall promulgate regulations for
Internet sales of products containing dextromethorphan
to ensure compliance with section 425 of the Controlled
Substances Act, as added by this Act.
(B) Civil penalties.--
(i) In general.--Not later than 180 days
after the date of enactment of this Act, the
Attorney General of the United States shall
promulgate regulations to carry out section 425
of the Controlled Substances Act, as added by
this Act.
(ii) Contents.--The regulations promulgated
under clause (i) shall--
(I) provide for a range of fines
for a retailer, based on whether the
retailer or an employee or agent of
that retailer has committed prior
violations of section 425(a) of the
Controlled Substances Act, as added by
this Act; and
(II) require consideration of
whether a fine to be imposed on a
retailer should be reduced or
eliminated based on--
(aa) the establishment and
administration of an effective
employee training program by a
retailer relating to this
subtitle and the amendments
made by this subtitle; or
(bb) other actions taken by
a retailer to ensure compliance
with this subtitle and the
amendments made by this
subtitle.
(C) Definition of retailer.--In this paragraph, the
term ``retailer'' means a grocery store, general
merchandise store, drug store, convenience store, or
other entity or person whose activities as a
distributor relating to products containing
dextromethorphan are limited almost exclusively to
sales for personal use, both in number of sales and
volume of sales, either directly to walk-in customers
or in face-to-face transactions by direct sales.
(3) Sense of the senate.--It is the sense of the Senate
that--
(A) manufacturers of products containing
dextromethorphan should contain language on packages
cautioning consumers about the dangers of
dextromethorphan misuse; and
(B) retailers selling products containing
dextromethorphan should impose appropriate safeguards
to protect against the theft of such products.
(d) Prevention Funding.--
(1) The partnership for a drug-free america.--
(A) In general.--The Director of National Drug
Control Policy shall make a directed grant to the
Partnership for a Drug-Free America to provide
education to individuals under the age of 18 years and
parents regarding preventing the abuse of prescription
and nonprescription drugs (including dextromethorphan).
(B) Authorization of appropriations.--In addition
to any other amounts authorized to be appropriated,
there are authorized to be appropriated $4,000,000 for
each of fiscal years 2008 through 2010 to carry out
this paragraph.
(2) Community anti-drug coalition of america.--
(A) In general.--The Director of National Drug
Control Policy shall make a directed grant to the
Community Anti-Drug Coalition of America to provide
education, training, and technical assistance to
community coalitions regarding preventing the abuse of
prescription and nonprescription drugs (including
dextromethorphan).
(B) Authorization of appropriations.--There are
authorized to be appropriated $4,000,000 for each of
fiscal years 2008 through 2010 to carry out this
paragraph.
(3) Supplement not supplant.--Grant funds provided under
this subsection shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this subsection.
(e) Supplemental Grants for Communities With Major Prescription and
Nonprescription Drug Issues.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the
Administrator of the Substance Abuse and Mental Health
Services Administration;
(B) the term ``drug'' has the meaning given that
term in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321);
(C) the term ``eligible entity'' means an
organization that--
(i) on or before the date of submitting an
application for a grant under this subsection,
receives a grant under the Drug-Free
Communities Act of 1997 (21 U.S.C. 1521 et
seq.); and
(ii) has documented, using local data,
rates of prescription or nonprescription drug
abuse above national averages, as determined by
the Administrator (including appropriate
consideration of the Monitoring the Future
Survey by the University of Michigan), for
comparable time periods;
(D) the term ``nonprescription drug'' has the
meaning given that term in section 760 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379aa); and
(E) the term ``prescription drug'' means a drug
described in section 503(b)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)).
(2) Authorization of program.--The Administrator, in
consultation with the Director of the Office of National Drug
Control Policy, may make enhancement grants to eligible
entities to implement comprehensive community-wide strategies
that address abuse of prescription and nonprescription drugs.
(3) Application.--
(A) In general.--An eligible entity desiring an
enhancement grant under this subsection shall submit an
application to the Administrator at such time, in such
manner, and accompanied by such information as the
Administrator may require.
(B) Criteria.--As part of an application for a
grant under this subsection, the Administrator shall
require an eligible entity to submit a detailed,
comprehensive, multisector plan for addressing abuse of
prescription and nonprescription drugs.
(4) Uses of funds.--An eligible entity that receives a
grant under this subsection shall use the grant funds for
implementing a comprehensive, community-wide strategy that
addresses abuse of prescription and nonprescription drugs
issues in that community, in accordance with the plan submitted
under paragraph (3)(B).
(5) Grant terms.--A grant under this subsection--
(A) shall be made for a period of not more than 4
years; and
(B) shall not be in an amount of more than $50,000
per year.
(6) Supplement not supplant.--Grant funds provided under
this subsection shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this subsection.
(7) Evaluation.--A grant under this subsection shall be
subject to the same evaluation requirements and procedures as
the evaluation requirements and procedures imposed on the
recipient of a grant under the Drug-Free Communities Act of
1997 (21 U.S.C. 1521 et seq.).
(8) Administrative expenses.--Not more than 6 percent of a
grant under this subsection may be expended for administrative
expenses.
(9) Authorization of appropriations.--There are authorized
to be appropriated $4,000,000 for each of fiscal years 2008
through 2010 to carry out this subsection.
(f) Data Collection.--It is the Sense of the Senate that Federal
agencies and grantees that collect data on drug use trends should
ensure that the survey instruments used by such agencies and grantees
include questions to ascertain changes in the trend of abuse of
prescription and nonprescription drugs.
(g) Technical and Conforming Amendments.--
(1) In general.--Section 201(g) of the Controlled
Substances Act (21 U.S.C. 811(g)) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2).
(2) Table of contents.--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 424, as added by this Act,
the following:
``Sec. 425. Dextromethorphan sales.''.
Subtitle C--Recognizing Addiction as a Disease Act of 2007
SEC. 5301. SHORT TITLE.
This subtitle may be cited as the ``Recognizing Addiction as a
Disease Act of 2007''.
SEC. 5302. FINDINGS.
Congress makes the following findings:
(1) Addiction is a chronic, relapsing brain disease that is
characterized by compulsive drug seeking and use, despite
harmful consequences. It is considered a brain disease because
drugs change the brain's structure and manner in which it
functions. These brain changes can be long lasting, and can
lead to the harmful behaviors seen in people who abuse drugs.
The disease of addiction affects both brain and behavior, and
scientists have identified many of the biological and
environmental factors that contribute to the development and
progression of the disease.
(2) The pejorative term ``abuse'' used in connection with
diseases of addiction has the adverse effect of increasing
social stigma and personal shame, both of which are so often
barriers to an individual's decision to seek treatment.
SEC. 5303. NAME CHANGE.
(a) Public Health Service Act.--The Public Health Service Act is
amended--
(1) in section 208(g) (42 U.S.C. 210(g)), by striking
``National Institute on Alcohol Abuse and Alcoholism'' and
inserting ``National Institute on Alcohol Disorders and
Health'';
(2) in section 401(b) (42 U.S.C. 281(b))--
(A) in paragraph (12), by striking ``National
Institute on Alcohol Abuse and Alcoholism'' and
inserting ``National Institute on Alcohol Disorders and
Health''; and
(B) in paragraph (13), by striking ``National
Institute on Drug Abuse'' and inserting ``National
Institute on Diseases of Addiction'';
(3) in subpart 14 of part C of title IV (42 U.S.C. 285n et
seq.)--
(A) in the subpart heading by striking ``Alcohol
Abuse and Alcoholism'' and inserting ``Alcohol
Disorders and Health'';
(B) in section 464H (42 U.S.C. 285n)--
(i) in subsection (a), by striking
``National Institute on Alcohol Abuse and
Alcoholism'' and inserting ``National Institute
on Alcohol Disorders and Health''; and
(ii) in subsection (b)--
(I) in paragraph (3), by striking
``Alcohol Abuse and Alcoholism'' and
inserting ``Alcohol Disorders and
Health'';
(II) in paragraph (5), by striking
``National Institute of Drug Abuse''
and inserting ``National Institute on
Diseases of Addiction''; and
(III) in paragraph (10), by
striking ``Alcohol Abuse and
Alcoholism'' and inserting ``Alcohol
Disorders and Health''; and
(C) in section 464P (42 U.S.C. 285o-4)--
(i) in subsection (a)(7), by striking
``National Institute on Alcohol Abuse and
Alcoholism'' and inserting ``National Institute
on Alcohol Disorders and Health''; and
(ii) in subsection (b)(3), by striking
``Council on Drug Abuse'' and inserting
``Council on Diseases of Addiction''; and
(4) in subpart 15 of part C of title IV (42 U.S.C. 285o et
seq.)--
(A) in the subpart heading by striking ``Drug
Abuse'' and inserting ``Diseases of Addiction''; and
(B) in section 464L(a) (42 U.S.C. 285o(a)), by
striking ``National Institute on Drug Abuse'' and
inserting ``National Institute on Diseases of
Addiction'';
(5) in section 501 (42 U.S.C. 290aa)--
(A) by striking ``National Institute on Alcohol
Abuse and Alcoholism'' each place that such appears and
inserting ``National Institute on Alcohol Disorders and
Health''; and
(B) by striking ``National Institute on Drug
Abuse'' each place that such appears and inserting
``National Institute on Diseases of Addiction'';
(6) in section 507 (42 U.S.C. 290bb)--
(A) by striking ``National Institute on Alcohol
Abuse and Alcoholism'' each place that such appears and
inserting ``National Institute on Alcohol Disorders and
Health''; and
(B) by striking ``National Institute on Drug
Abuse'' each place that such appears and inserting
``National Institute on Diseases of Addiction'';
(7) in section 513 (42 U.S.C. 290bb-6), by striking
``national institute on drug abuse'' in the section heading and
inserting ``national institute on diseases of addiction'';
(8) in section 530 (42 U.S.C. 290cc-30)--
(A) by striking ``National Institute of Alcohol
Abuse and Alcoholism'' and inserting ``National
Institute on Alcohol Disorders and Health''; and
(B) by striking ``National Institute on Drug
Abuse'' and inserting ``National Institute on Diseases
of Addiction''; and
(9) in section 1918(a)(8)(B) (42 U.S.C. 300x-7(a)(8)(B)),
by striking ``National Institute on Drug Abuse'' each place
that such appears and inserting ``National Institute on
Diseases of Addiction''.
(b) Other Acts.--
(1) Title 5, united states code.--Section 7361(a) of title
5, United States Code, is amended by striking ``National
Institute on Drug Abuse'' and inserting ``National Institute on
Diseases of Addiction''.
(2) Comprehensive smoking education act.--Section
3(b)(1)(A) of the Comprehensive Smoking Education Act (15
U.S.C. 1341(b)(1)(A)) is amended by striking ``National
Institute on Drug Abuse'' and inserting ``National Institute on
Diseases of Addiction''.
(3) Elementary and secondary education act of 1965.--
Section 4124(a)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7134 (a)(2)) is amended--
(A) in subparagraph (C), by striking ``National
Institute on Drug Abuse'' and inserting ``National
Institute on Diseases of Addiction''; and
(B) in subparagraph (D), by striking ``National
Institute on Alcoholism and Alcohol Abuse'' and
inserting ``National Institute on Alcohol Disorders and
Health''.
(4) Controlled substances act.--Section 303(g)(2)(H) of the
Controlled Substances Act (21 U.S.C. 823(g)(2)(H)) is amended
by striking ``National Institute on Drug Abuse'' each place
that such appears and inserting ``National Institute on
Diseases of Addiction''.
(5) Drug abuse, prevention, treatment, and rehabilitation
act.--The Drug Abuse, Prevention, Treatment, and Rehabilitation
Act is amended--
(A) in section 410(1) (21 U.S.C. 1177(a)), by
striking ``National Institute on Drug Abuse'' and
inserting ``National Institute on Diseases of
Addiction''; and
(B) in section 412(a) (21 U.S.C. 1179(A)), by
striking ``National Institute on Drug Abuse'' and
inserting ``National Institute on Diseases of
Addiction''.
(c) Reference.--Any reference in any law, regulation, order,
document, paper, or other record of the United States to the ``National
Institute on Drug Abuse'', the ``National Institute on Alcohol Abuse
and Alcoholism'', the ``National Advisory Council on Alcohol Abuse and
Alcoholism'', and the ``National Advisory Council on Drug Abuse'' shall
be deemed to be a reference to the ``National Institute on Diseases of
Addiction'', the ``National Institute on Alcohol Disorders and
Health'', the ``National Advisory Council on Alcohol Disorders and
Health'', and the ``National Advisory Council on Diseases of
Addiction'', respectively.
(d) Rule of Construction.--Nothing in this subtitle shall be
construed to alter the mission of the National Institute on Alcohol
Abuse and Alcoholism (renamed the National Institute on Alcohol
Disorders and Health) or the National Institute on Drug Abuse (as
renamed the National Institute on Diseases of Addiction) or have any
substantive effect on the duties or responsibilities of such
Institutes.
Subtitle D--Children of Addicted Parents of 2007
SEC. 5401. SHORT TITLE.
This subtitle may be cited as the ``Children of Addicted Parents
Act of 2007''.
SEC. 5402. FINDINGS.
Congress find the following:
(1) Children of addicted parents are at highest risk for
early alcohol and drug use and addiction, for being victims of
abuse and neglect, for developing early mental health problems,
for developmental damage from the chronic emotional stress of
living in addicted families, for joining gangs, and for
entering the juvenile justice system. One in 4 children under
the age of 18 lives in a family with alcohol abuse or alcohol
addiction. Millions more live with a parent who is addicted to
drugs.
(2) Early age-appropriate preventive interventions for
these children, such as targeted educational support programs
that could be offered in schools, social service agencies,
addiction treatment programs, community and faith-based youth
service organizations, and in early childhood programs, can
support these young people in developing resilience, making
healthy choices, and preventing them from entering the juvenile
justice system or developing alcohol or drug use problems.
(3) Low-cost and targeted prevention services in the
community systems where children are most readily found provide
the possibility of reducing the high-cost services required
once a young person enters the juvenile justice system.
SEC. 5403. DEFINITIONS.
In this subtitle:
(1) Caretaker.--The term ``caretaker'', with respect to a
child of an alcohol or drug addicted parent, means any
individual acting in a parental role regarding the child
(including any birth parent, foster parent, adoptive parent,
relative of such a child, or other individual acting in such a
role).
(2) Children of addicted parents.--The term ``children of
addicted parents'' means--
(A) children who have lived or are living in a
household with an addicted individual acting in a
parental role for the children, including but not
limited to children of incarcerated parents, children
of divorced parents, and children in foster care; and
(B) children who have been prenatally exposed to
alcohol or other drugs.
(3) Indian tribe.--The term ``Indian tribe'' means any
tribe, band, nation, or other organized group or community of
Indians, including urban Indians and any Alaska Native village
(as defined in, or established pursuant to, the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their
status as Indians.
(4) Public or nonprofit private entities.--The term
``public or nonprofit private entities'' includes community-
based organizations, local public health departments, community
action organizations, faith organizations, local school
systems, child welfare agencies, family resource and support
programs, Indian organizations, including urban Indian
agencies, and national nonprofit organizations working with
these local entities.
SEC. 5404. GRANT PROGRAM.
(a) In General.--The Attorney General, acting through the Director
of the Office of Juvenile Justice Programs, shall make grants to public
and nonprofit private entities, for the purpose of carrying out
programs--
(1) to provide developmentally and age-appropriate
educational support group services to children of addicted
parents, including services similar to those used in student
assistance programs and addiction treatment programs for the
children of clients in treatment in various community-based
settings, such as youth service agencies, schools, family
social services agencies, Head Start programs, after-school
programs, juvenile, and family drug court programs, early
childhood development programs, and addiction treatment
programs; and
(2) to train educational support group facilitators and
program implementers who will initiate, provide, and sustain
support group program services to children of addicted parents
under this section.
(b) Services for Children of Addicted Parents.--The Attorney
General may make a grant under this section only if the applicant
involved agrees to make available (directly or through agreements with
other entities) to children of addicted parents each of the following
services:
(1) Developmentally and age-appropriate educational support
groups that focus on the needs of children of addicted parents,
promote resilience, and include drug and alcohol early
intervention and prevention services.
(2) Aggressive outreach to children living in families with
an alcohol or drug addicted parent, other caretaker, or
addicted sibling.
(3) Parenting education services and parent support groups
may be offered under this grant for caretakers of any child
enrolled in a support group program funded under this grant and
which include child abuse and neglect prevention techniques.
(c) Transportation Services.--If a demonstrated need exists and
where appropriate, transportation services may be offered for children
participating in a support group program supported by a grant under
this section.
(d) Services.--Services under a program supported by a grant under
this section shall be provided by a--
(1) social worker, student assistance professional, school
counselor, family counselor, or similar professional;
(2) a trained worker from the community who is supervised
by a professional; or
(3) a professional or entity that provides assurances that
the professional or entity is licensed or certified by the
State if required and is complying with applicable licensure or
certification requirements.
SEC. 5405. TRAINING FOR PROVIDERS.
(a) Finding.--Congress finds that facilitator training is critical
to the effective implementation of educational support group programs
for children of addicted parents.
(b) Grant.--The Attorney General may make a grant under this
section for the training of the authorized service providers in section
5404.
(c) Purpose.--The purpose of training under this section shall be--
(1) to assist professionals and community prevention
workers in recognizing children who have alcohol and drug abuse
problems in their families; and
(2) to enhance the skills of the authorized service
providers in section 5404 in providing supportive preventive
interventions and educational support groups for such children.
(d) Eligible Entities.--The Attorney General shall award the
training grant under this section to an eligible national nonprofit
entity with demonstrated expertise in the impact of addiction on
children, a history of providing effective training for the
establishment and sustainability of educational support programs for
children of addicted parents in schools, treatment programs, youth
organizations, and faith organizations, and with broad linkages with
community-based alcohol and drug prevention programs.
SEC. 5406. AUTHORIZATION OF APPROPRIATIONS.
For the purposes of carrying out this subtitle, there are
authorized to be appropriated--
(1) for the grant program under section 5404, $10,000,000
for fiscal year 2008, $11,000,000 for fiscal year 2009,
$12,000,000 for fiscal year 2010, $13,000,000 for fiscal year
2011, and $14,000,000 for fiscal year 2012; and
(2) for the training of providers under section 5405,
$500,000 for fiscal year 2008, $550,000 for fiscal year 2009,
$600,000 for fiscal year 2010, $650,000 for fiscal year 2011,
and $700,000 for fiscal year 2012.
Subtitle E--Online Pharmacy Bill
SEC. 5501. SHORT TITLE.
This subtitle may be cited as the ``Ryan Haight Online Pharmacy
Consumer Protection Act of 2007''.
SEC. 5502. REQUIREMENT OF A VALID PRESCRIPTION FOR CONTROLLED
SUBSTANCES DISPENSED BY MEANS OF THE INTERNET.
Section 309 of the Controlled Substances Act (21 U.S.C. 829) is
amended by adding at the end the following new subsection:
``(e) Controlled Substances Dispensed by Means of the Internet.--
``(1) No controlled substance may be delivered,
distributed, or dispensed by means of the Internet without a
valid prescription.
``(2) As used in this subsection:
``(A) The term `valid prescription' means a
prescription that is issued for a legitimate medical
purpose in the usual course of professional practice
by--
``(i) a practitioner who has conducted at
least one in-person medical evaluation of the
patient; or
``(ii) a covering practitioner.
``(B)(i) The term `in-person medical evaluation'
means a medical evaluation that is conducted with the
patient in the physical presence of the practitioner,
without regard to whether portions of the evaluation
are conducted by other health professionals.
``(ii) Nothing in clause (i) shall be construed to
imply that one in-person medical evaluation
demonstrates that a prescription has been issued for a
legitimate medical purpose within the usual course of
professional practice.
``(C) The term `covering practitioner' means, with
respect to a patient, a practitioner who conducts a
medical evaluation (other than an in-person medical
evaluation) at the request of a practitioner who--
``(i) has conducted at least one in-person
medical evaluation of the patient during the
24-month period ending on the date of that
medical evaluation; and
``(ii) is temporarily unavailable to
conduct the evaluation of the patient.
``(3) Nothing in this subsection shall apply to--
``(A) the delivery, distribution, or dispensing of
a controlled substance by a practitioner engaged in the
practice of telemedicine if--
``(i) the telemedicine is being conducted
while the patient is being treated by, and
physically located in, a hospital or clinic
registered under section 303(f), and the
practitioner conducting the practice of
telemedicine is registered under section 303(f)
in the State in which the patient is located
and is acting in the usual course of
professional practice and in accordance with
applicable State law;
``(ii) the telemedicine is being conducted
while the patient is being treated by, and in
the physical presence of, a practitioner
registered under section 303(f) who is acting
in the usual course of professional practice,
and the practitioner conducting the practice of
telemedicine is registered under section 303(f)
in the State in which the patient is located
and is acting in the usual course of
professional practice and in accordance with
applicable State law; or
``(iii) the telemedicine is being conducted
under any other circumstances that the Attorney
General and the Secretary have jointly, by
regulation, determined to be consistent with
effective controls against diversion and
otherwise consistent with the public health and
safety; or
``(B) the dispensing or selling of a controlled
substance pursuant to practices as determined by the
Attorney General by regulation, which shall be
consistent with effective controls against
diversion.''.
SEC. 5503. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT RELATING TO THE
DELIVERY OF CONTROLLED SUBSTANCES BY MEANS OF THE
INTERNET.
(a) In General.--Section 102 of the Controlled Substances Act (21
U.S.C. 802), as amended by this Act, is amended by adding at the end
the following:
``(52) The term `Internet' means collectively the myriad of
computer and telecommunications facilities, including equipment
and operating software, which comprise the interconnected
worldwide network of networks that employ the Transmission
Control Protocol/Internet Protocol, or any predecessor or
successor protocol to such protocol, to communicate information
of all kinds by wire or radio.
``(53) The term `deliver, distribute, or dispense by means
of the Internet' refers, respectively, to any delivery,
distribution, or dispensing of a controlled substance that is
caused or facilitated by means of the Internet.
``(54) The term `online pharmacy'--
``(A) means a person, entity, or Internet site,
whether in the United States or abroad, that knowingly
or intentionally delivers, distributes, or dispenses,
or offers or attempts to deliver, distribute, or
dispense, a controlled substance by means of the
Internet; and
``(B) does not include--
``(i) manufacturers or distributors
registered under subsection (a), (b), (c), or
(d) of section 303 who do not dispense
controlled substances to an unregistered
individual or entity;
``(ii) nonpharmacy practitioners who are
registered under section 303(f) and whose
activities are authorized by that registration;
``(iii) mere advertisements that do not
attempt to facilitate an actual transaction
involving a controlled substance; or
``(iv) a person, entity, or Internet site
which is not in the United States and does not
facilitate the delivery, distribution, or
dispensing of a controlled substance by means
of the Internet to any person in the United
States.
``(55) The term `homepage' means the opening or main page
or screen of the website of an online pharmacy that is viewable
on the Internet.
``(56) The term `practice of telemedicine' means the
practice of medicine in accordance with applicable Federal and
State laws by a practitioner (other than a pharmacist) who is
at a location remote from the patient and is communicating with
the patient, or health care professional who is treating the
patient, using a telecommunications system referred to in
section 1834(m) of the Social Security Act (42 U.S.C.
1395m(m)).''.
(b) Registration Requirements.--Section 303 of the Controlled
Substances Act (21 U.S.C. 823) is amended by adding at the end the
following new subsection:
``(i) Dispenser of Controlled Substances by Means of the
Internet.--(1) An online pharmacy shall obtain a registration
specifically authorizing such activity, in accordance with regulations
promulgated by the Attorney General. In determining whether to grant an
application for such registration, the Attorney General shall apply the
factors set forth in subsection (f).
``(2) Registration under this subsection shall be in addition to,
and not in lieu of, registration under subsection (f).
``(3) This subsection does not apply to pharmacies that merely
advertise by means of the Internet but do not attempt to facilitate an
actual transaction involving a controlled substance by means of the
Internet.''.
(c) Reporting Requirements.--Section 307(d) of the Controlled
Substances Act (21 U.S.C. 827(d)) is amended by--
(1) designating the text as paragraph (1); and
(2) inserting after paragraph (1), as so designated by this
Act, the following new paragraph:
``(2) A pharmacy registered under section 303(i) shall report to
the Attorney General the controlled substances dispensed under such
registration, in such manner and accompanied by such information as the
Attorney General by regulation shall require.''.
(d) Online Prescription Requirements.--The Controlled Substances
Act is amended by inserting after section 310 (21 U.S.C. 830) the
following:
``online pharmacy licensing and disclosure requirements
``Sec. 311. (a) In General.--An online pharmacy shall display in a
visible and clear manner on its homepage a statement that it complies
with the requirements of this section with respect to the delivery or
sale or offer for sale of controlled substances and shall at all times
display on the homepage of its Internet site a declaration of
compliance in accordance with this section.
``(b) Licensure.--Each online pharmacy shall comply with the
requirements of State law concerning the licensure of pharmacies in
each State from which it, and in each State to which it, delivers,
distributes, or dispenses or offers to deliver, distribute, or dispense
controlled substances by means of the Internet.
``(c) Compliance.--No online pharmacy or practitioner shall
deliver, distribute, or dispense by means of the Internet a controlled
substance without a valid prescription (as defined in section 309(e))
and each online pharmacy shall comply with all applicable requirements
of Federal and State law.
``(d) Internet Pharmacy Site Disclosure Information.--Each online
pharmacy site shall post in a visible and clear manner on the homepage
of its Internet site or on a page directly linked from its homepage the
following:
``(1) The name of the owner, street address of the online
pharmacy's principal place of business, telephone number, and
email address.
``(2) A list of the States in which the online pharmacy,
and any pharmacy which dispenses, delivers, or distributes a
controlled substance on behalf of the online pharmacy, is
licensed to dispense controlled substances or prescription
drugs and any applicable license number.
``(3) For each pharmacy identified on its license in each
State in which it is licensed to engage in the practice of
pharmacy and for each pharmacy which dispenses or ships
controlled substances on behalf of the online pharmacy:
``(A) The name of the pharmacy.
``(B) The street address of the pharmacy.
``(C) The name, professional degree, and licensure
of the pharmacist-in-charge.
``(D) The telephone number at which the pharmacist-
in-charge can be contacted.
``(E) A certification that each pharmacy which
dispenses or ships controlled substances on behalf of
the online pharmacy is registered under this part to
deliver, distribute, or dispense by means of the
Internet controlled substances.
``(4) The name, address, professional degree, and licensure
of practitioners who provide medical consultations through the
website for the purpose of providing prescriptions.
``(5) A telephone number or numbers at which the
practitioners described in paragraph (4) may be contacted.
``(6) The following statement, unless revised by the
Attorney General by regulation: `This online pharmacy will only
dispense a controlled substance to a person who has a valid
prescription issued for a legitimate medical purpose based upon
a medical relationship with a prescribing practitioner, which
includes at least one prior in-person medical evaluation. This
online pharmacy complies with section 309(e) of the Controlled
Substances Act (21 U.S.C. 829(e)).'.
``(e) Notification.--(1) Thirty days prior to offering a controlled
substance for sale, delivery, distribution, or dispensing, the online
pharmacy shall notify the Attorney General, in the form and manner as
the Attorney General shall determine, and the State boards of pharmacy
in any States in which the online pharmacy offers to sell, deliver,
distribute, or dispense controlled substances.
``(2) The notification required under paragraph (1) shall include--
``(A) the information required to be posted on the online
pharmacy's Internet site under subsection (d) and shall notify
the Attorney General and the applicable State boards of
pharmacy, under penalty of perjury, that the information
disclosed on its Internet site under to subsection (d) is true
and accurate;
``(B) the online pharmacy's Internet site address and a
certification that the online pharmacy shall notify the
Attorney General of any change in the address at least 30 days
in advance; and
``(C) the Drug Enforcement Administration registration
numbers of any pharmacies and practitioners referred to in
subsection (d), as applicable.
``(3) An online pharmacy that is already operational as of the
effective date of this section, shall notify the Attorney General and
applicable State boards of pharmacy in accordance with this subsection
not later than 30 days after the effective date of this section.
``(f) Declaration of Compliance.--On and after the date on which it
makes the notification under subsection (e), each online pharmacy shall
display on the homepage of its Internet site, in such form as the
Attorney General shall by regulation require, a declaration that it has
made such notification to the Attorney General.
``(g) Reports.--Any statement, declaration, notification, or
disclosure required under this section shall be considered a report
required to be kept under this part.''.
(e) Offenses Involving Controlled Substances in Schedules III, IV,
and V.--Section 401(b) of the Controlled Substances Act (21 U.S.C.
841(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``1 gram of''
before ``flunitrazepam'';
(B) in subparagraph (D), by striking ``or in the
case of any controlled substance in schedule III (other
than gamma hydroxybutyric acid), or 30 milligrams of
flunitrazepam''; and
(C) by adding at the end the following:
``(E)(i) In the case of any controlled substance in
schedule III, such person shall be sentenced to a term of
imprisonment of not more than 10 years and if death or serious
bodily injury results from the use of such substance shall be
sentenced to a term of imprisonment of not more than 20 years,
a fine not to exceed the greater of that authorized in
accordance with the provisions of title 18, or $500,000 if the
defendant is an individual or $2,500,000 if the defendant is
other than an individual, or both.
``(ii) If any person commits such a violation after a prior
conviction for a felony drug offense has become final, such
person shall be sentenced to a term of imprisonment of not more
than 20 years and if death or serious bodily injury results
from the use of such substance shall be sentenced to a term of
imprisonment of not more than 30 years, a fine not to exceed
the greater of twice that authorized in accordance with the
provisions of title 18, or $1,000,000 if the defendant is an
individual or $5,000,000 if the defendant is other than an
individual, or both.
``(iii) Any sentence imposing a term of imprisonment under
this subparagraph shall, in the absence of such a prior
conviction, impose a term of supervised release of at least 2
years in addition to such term of imprisonment and shall, if
there was such a prior conviction, impose a term of supervised
release of at least 4 years in addition to such term of
imprisonment'';
(2) in paragraph (2) by--
(A) striking ``3 years'' and inserting ``5 years'';
(B) striking ``6 years'' and inserting ``10
years'';
(C) striking ``after one or more prior
convictions'' and all that follows through ``have
become final,'' and inserting ``after a prior
conviction for a felony drug offense has become
final,''; and
(3) in paragraph (3) by--
(A) striking ``2 years'' and inserting ``6 years'';
(B) striking ``after one or more convictions'' and
all that follows through ``have become final,'' and
inserting ``after a prior conviction for a felony drug
offense has become final,''; and
(C) adding at the end the following ``Any sentence
imposing a term of imprisonment under this paragraph
may, if there was a prior conviction, impose a term of
supervised release of not more than 1 year, in addition
to such term of imprisonment.''
(f) Offenses Involving Dispensing of Controlled Substances by Means
of the Internet.--Section 401 of the Controlled Substances Act (21
U.S.C. 841) is amended by adding at the end the following:
``(h) Offenses Involving Dispensing of Controlled Substances by
Means of the Internet.--(1) Except as authorized by this title, it
shall be unlawful for any person to knowingly or intentionally cause or
facilitate the delivery, distribution, or dispensing by means of the
Internet of a controlled substance.
``(2) Examples of activities that violate paragraph (1) include,
but are not limited to, knowingly or intentionally--
``(A) delivering, distributing, or dispensing a controlled
substance by means of the Internet by a pharmacy not registered
under section 303(i);
``(B) writing a prescription for a controlled substance for
the purpose of delivery, distribution, or dispensation by means
of the Internet in violation of subsection 309(e);
``(C) serving as an agent, intermediary, or other entity
that causes the Internet to be used to bring together a buyer
and seller to engage in the dispensing of a controlled
substance in a manner not authorized by sections 303(i) or
309(e); and
``(D) making a material false, fictitious, or fraudulent
statement or representation in the submission to the Attorney
General under section 311.
``(3)(A) This subsection does not apply to--
``(i) the delivery, distribution, or dispensation of
controlled substances by nonpractitioners to the extent
authorized by their registration under this title;
``(ii) the placement on the Internet of material that
merely advocates the use of a controlled substance or includes
pricing information without attempting to propose or facilitate
an actual transaction involving a controlled substance; or
``(iii) except as provided in subparagraph (B), any
activity that is limited to--
``(I) the provision of a telecommunications
service, or of an Internet access service or Internet
information location tool (as those terms are defined
in section 231 of the Communications Act of 1934 (47
U.S.C. 231)); or
``(II) the transmission, storage, retrieval,
hosting, formatting, or translation (or any combination
thereof) of a communication, without selection or
alteration of the content of the communication, except
that deletion of a particular communication or material
made by another person in a manner consistent with
section 230(c) of the Communications Act of 1934 (47
U.S.C. 230(c)) shall not constitute such selection or
alteration of the content of the communication.
``(B) The exceptions under subclauses (I) and (II) of subparagraph
(A)(iii) shall not apply to a person acting in concert with a person
who violates subsection (g)(1).
``(4) Any person who knowingly or intentionally violates this
subsection shall be sentenced in accordance with subsection (b) of this
section.''.
(g) Publication.--Section 403(c) of the Controlled Substances Act
(21 U.S.C. 843(c)) is amended by--
(1) designating the text as paragraph (1); and
(2) adding at the end the following:
``(2)(A) Except as authorized by this title, it shall be unlawful
for any person by means of the Internet, to knowingly advertise the
sale or distribution of, or to offer to sell, distribute, or dispense,
a controlled substance.
``(B) Examples of activities that violate subparagraph (A) include,
but are not limited to, knowingly or intentionally causing the
placement on the Internet of an advertisement that refers to or directs
prospective buyers to Internet sellers of controlled substances who are
not registered under section 303(i).
``(C) Subparagraph (A) does not apply to material that either--
``(i) merely advertises the distribution of controlled
substances by nonpractitioners to the extent authorized by
their registration under this title; or
``(ii) merely advocates the use of a controlled substance
or includes pricing information without attempting to
facilitate an actual transaction involving a controlled
substance.''.
(h) Injunctive Relief.--Section 512 of the Controlled Substances
Act (21 U.S.C. 882) is amended by adding to the end of the section the
following new subsection:
``(c) State Cause of Action Pertaining to Online Pharmacies.--(1)
In any case in which the State has reason to believe that an interest
of the residents of that State has been or is being threatened or
adversely affected by the action of a person, entity, or Internet site
that violates the provisions of section 303(i), 309(e), or 311, the
State may bring a civil action on behalf of such residents in a
district court of the United States with appropriate jurisdiction--
``(A) to enjoin the conduct which violates this section;
``(B) to enforce compliance with this section;
``(C) to obtain damages, restitution, or other
compensation, including civil penalties under section 402(b);
and
``(D) to obtain such other legal or equitable relief as the
court may find appropriate.
``(2)(A) Prior to filing a complaint under paragraph (1), the State
shall serve a copy of the complaint upon the Attorney General and upon
the United States Attorney for the judicial district in which the
complaint is to be filed. In any case where such prior service is not
feasible, the State shall serve the complaint on the Attorney General
and the appropriate United States Attorney on the same day that the
State's complaint is filed in Federal district court of the United
States. Such proceedings shall be independent of, and not in lieu of,
criminal prosecutions or any other proceedings under this title or any
other laws of the United States.
``(B)(i) Not later than 120 days after the later of the date on
which a State's complaint is served on the Attorney General and the
appropriate United States Attorney, or the date on which the complaint
is filed, the United States shall have the right to intervene as a
party in any action filed by a State under paragraph (1).
``(ii) After the 120-day period described in clause (i) has
elapsed, the United States may, for good cause shown, intervene as a
party in an action filed by a State under paragraph (1).
``(iii) Notice and an opportunity to be heard with respect to
intervention shall be afforded the State that filed the original
complaint in any action in which the United States files a complaint in
intervention under clause (i) or a motion to intervene under clause
(ii).
``(iv) The United States may file a petition for appeal of a
judicial determination in any action filed by a State under this
section.
``(C) Service of a State's complaint on the United States as
required in this paragraph shall be made in accord with the
requirements of Federal Rule of Civil Procedure 4(i)(1).
``(3) For purposes of bringing any civil action under paragraph
(1), nothing in this Act shall prevent an attorney general of a State
from exercising the powers conferred on the attorney general of a State
by the laws of such State to conduct investigations or to administer
oaths or affirmations or to compel the attendance of witnesses of or
the production of documentary or other evidence.
``(4) Any civil action brought under paragraph (1) in a district
court of the United States may be brought in the district in which the
defendant is found, is an inhabitant, or transacts business or wherever
venue is proper under section 1391 of title 28, United States Code.
Process in such action may be served in any district in which the
defendant is an inhabitant or in which the defendant may be found.
``(5) No private right of action is created under this
subsection.''.
(i) Forfeiture of Facilitating Property in Drug Cases.--Section
511(a)(4) of the Controlled Substances Act (21 U.S.C. 881(a)(4)) is
amended to read as follows:
``(4) Any property, real or personal, tangible or
intangible, used or intended to be used to commit, or to
facilitate the commission, of a violation of this title or
title III, and any property traceable thereto.''.
(j) Import and Export Act.--Section 1010(b) of the Controlled
Substances Import and Export Act (21 U.S.C. 960(b)) is amended--
(1) in paragraph (4) by--
(A) striking ``or any quantity of a controlled
substance in schedule III, IV, or V, (except a
violation involving flunitrazepam and except a
violation involving gamma hydroxybutyric acid)'';
(B) inserting ``, or'' before ``less than one
kilogram of hashish oil''; and
(C) striking ``imprisoned'' and all that follows
through the end of the paragraph and inserting
``sentenced in accordance with section 401(b)(1)(D) of
this title (21 U.S.C. 841(b)(1)(E)).'';
(2) by adding at the end the following:
``(5) In the case of a violation of subsection (a) of this section
involving a controlled substance in schedule III, such person shall be
sentenced in accordance with section 401(b)(1)(E).
``(6) In the case of a violation of subsection (a) of this section
involving a controlled substance in schedule IV (except a violation
involving flunitrazepam), such person shall be sentenced in accordance
with section 401(b)(2).
``(7) In the case of a violation of subsection (a) of this section
involving a controlled substance in schedule V, such person shall be
sentenced in accordance with section 401(b)(3).''; and
(3) in paragraph (3), by striking ``, nor shall a person so
sentenced be eligible for parole during the term of such a
sentence'' in the final sentence.
(k) Effective Date.--The amendments made by this subtitle shall
become effective 60 days after the date of enactment of this Act.
(l) Guidelines and Regulations.--
(1) In general.--The Attorney General may promulgate and
enforce any rules, regulations, and procedures which may be
necessary and appropriate for the efficient execution of
functions under this subtitle, including any interim rules
necessary for the immediate implementation of this subtitle, on
its effective date.
(2) Sentencing guidelines.--The United States Sentencing
Commission, in determining whether to amend, or establish new,
guidelines or policy statements, to conform the Federal
sentencing guidelines and policy statements to this subtitle
and the amendments made by this subtitle--
(A) shall consult with the Department of Justice,
experts, and other affected parties concerning which
penalties for scheduled substances amended by this
subtitle should be reflected in the Federal sentencing
guidelines; and
(B) should not construe any change in the maximum
penalty for a violation involving a controlled
substance in a particular schedule as being the sole
reason to amend a, or establish a new, guideline or
policy statement.
(m) Annual Report.--Not later than 180 days after the date of
enactment of this Act, and annually for 2 years after the initial
report, the Drug Enforcement Administration, in consultation with the
Department of State, shall submit to Congress a report describing--
(1) the foreign supply chains and sources of controlled
substances offered for sale without a valid prescription on the
Internet;
(2) the efforts and strategy of the Drug Enforcement
Administration to decrease the foreign supply chain and sources
of controlled substances offered for sale without a valid
prescription on the Internet; and
(3) the efforts of the Drug Enforcement Administration to
work with domestic and multinational pharmaceutical companies
and others to build international cooperation and a commitment
to fight on a global scale the problem of distribution of
controlled substances over the Internet without a valid
prescription.
Subtitle F--Local Drug Crisis Enhancement Grants Act
SEC. 5601. SHORT TITLE.
This subtitle may be cited as the ``Local Drug Crisis Enhancement
Grants Act''.
SEC. 5602. GRANTS.
Section 1032 of the Drug-Free Communities Act of 1997 (21 U.S.C.
1532) is amended by adding at the end the following:
``(c) Coalition Enhancement Grants for Communities With Major Local
Drug Issues.--
``(1) Authorization of program.--The Administrator of the
Substance Abuse and Mental Health Services Administration, in
consultation with the Director of the Office of National Drug
Control Policy, shall award enhancement grants to eligible
coalitions to implement comprehensive community-wide strategies
that address a local drug crisis.
``(2) Application.--A coalition desiring an enhancement
grant under this subsection shall submit an application to the
Administrator at such time, and in such manner, and accompanied
by such information as the Administrator may require.
``(3) Criteria.--A coalition meets the criteria specified
in this subsection if the coalition--
``(A) has demonstrated, with local data from
sources such as school surveys, police reports,
emergency room admissions, or coroner's reports, that a
specific drug has become a local crisis; and
``(B) submits to the Administrator a detailed,
comprehensive multisector plan for addressing the
specific local drug crisis.
``(4) Uses of funds.--Each eligible entity that receives a
grant under this subsection shall use the grant funds for
implementing comprehensive, community-wide strategies that
address their local drug crises in accordance with the detailed
plan submitted to the Administrator.
``(5) Limit.--Grants under this subsection shall not exceed
$50,000 per year and may not exceed a total of 4 years.
``(6) Supplement not supplant.--Grant funds provided under
this subsection shall be used to supplement, not supplant,
Federal and non-Federal funds available for carrying out the
activities described in this subsection.
``(7) Evaluation.--Grants under this subsection shall be
subject to the same evaluation requirements and procedures as
the evaluation requirements and procedures imposed on
recipients of drug free community grants.
``(8) Administrative expenses.--Not more than 6 percent of
a grant under this subsection may be expended for
administrative expenses.
``(9) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$5,000,000 for each of the fiscal years 2008 through 2011. This
subsection is subject to the availability of appropriations.''.
Subtitle G--Extraterritorial Controlled Substance Trafficking Venue
Clarification Act of 2007
SEC. 5701. SHORT TITLE.
This subtitle may be cited as the ``Extraterritorial Controlled
Substance Trafficking Venue Clarification Act of 2007''.
SEC. 5702. FINDINGS.
Congress finds the following:
(1) Individuals continue to commit acts outside the United
States for the purpose of smuggling controlled substances into
the United States.
(2) In order to deter, reduce, and punish illegal acts
outside the United States designed and intended to smuggle
controlled substances into the United States, it is important
that United States district courts have a clear basis for the
exercise of venue over such crimes.
(3) Establishing venue criteria for determining the choice
of venue when trying foreign offenders will facilitate the
charging and prosecution of such offenders and allow for trial
of such offenders in the districts which are most adversely
impacted by the unlawful activity.
SEC. 5703. ADDITIONAL BASIS OF VENUE FOR EXTRATERRITORIAL TRAFFICKING
IN CONTROLLED SUBSTANCES.
Section 1009(c) of the Controlled Substances Import and Export Act
(21 U.S.C. 959(c)) is amended by inserting after ``enters the United
States,'' the following: ``in the district in which the offender is
first inspected and admitted to the United States,''.
SEC. 5704. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
any offense committed on or after the date of enactment of this Act and
to any prosecution in which the indictment or other charging instrument
is filed on or after the date of enactment of this Act.
Subtitle H--Methamphetamine Production Prevention Act of 2007
SEC. 5801. SHORT TITLE.
This subtitle may be cited as the ``Methamphetamine Production
Prevention Act of 2007''.
SEC. 5802. FINDINGS.
Congress finds that--
(1) the manufacture, distribution, and use of
methamphetamine have inflicted damages on individuals,
families, communities, businesses, the economy, and the
environment throughout the United States;
(2) methamphetamine is unique among illicit drugs in that
the harms relating to methamphetamine stem not only from its
distribution and use, but also from the manufacture of the drug
by ``cooks'' in clandestine labs throughout the United States;
(3) Federal and State restrictions limiting the sale of
legal drug products that contain methamphetamine precursors
have reduced the number and size of domestic methamphetamine
labs;
(4) domestic methamphetamine cooks have managed to
circumvent restrictions on the sale of methamphetamine
precursors by ``smurfing'', or purchasing impermissibly large
cumulative amounts of precursor products by traveling from
retailer to retailer and buying permissible quantities at each
retailer;
(5) although Federal and State laws require retailers of
methamphetamine precursor products to keep written or
electronic logbooks recording sales of precursor products,
retailers are not always required to transmit this logbook
information to appropriate law enforcement and regulatory
agencies, except upon request;
(6) when retailers' logbook information regarding sales of
methamphetamine precursor products is kept in a database in an
electronic format and transmitted between retailers and
appropriate law enforcement and regulatory agencies, such
information can be used to further reduce the number of
domestic methamphetamine labs by preventing the sale of
methamphetamine precursors in excess of legal limits, and by
identifying and prosecuting ``smurfs'' and others involved in
methamphetamine manufacturing;
(7) States and local governments are already beginning to
develop such electronic logbook database systems, but they are
hindered by a lack of resources;
(8) efforts by States and local governments to develop such
electronic logbook database systems may also be hindered by
logbook recordkeeping requirements contained in section 310(e)
of the Controlled Substances Act (21 U.S.C. 830(e)) that are
tailored to written logbooks and not to electronic logbooks;
and
(9) providing resources to States and localities and making
technical corrections to the Combat Methamphetamine Epidemic
Act of 2005 will allow more rapid and widespread development of
such electronic logbook systems, thereby reducing the domestic
manufacture of methamphetamine and its associated harms.
SEC. 5803. DEFINITIONS.
In this subtitle--
(1) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State;
(2) the term ``methamphetamine precursor electronic logbook
system'' means a system by which a regulated seller
electronically records and transmits to an electronic database
accessible to appropriate law enforcement and regulatory
agencies information regarding the sale of a scheduled listed
chemical product that is required to be maintained under
section 310(e) of the Controlled Substances Act (21 U.S.C.
830(e)) (as amended by this Act), State law governing the
distribution of a scheduled listed chemical product, or any
other Federal, State, or local law;
(3) the terms ``regulated seller'' and ``scheduled listed
chemical product'' have the meanings given such terms in
section 102 of the Controlled Substances Act (21 U.S.C. 802);
and
(4) the term ``State''--
(A) means a State of the United States, the
District of Columbia, and any commonwealth, territory,
or possession of the United States; and
(B) includes an ``Indian tribe'', as that term is
defined in section 102 of the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479a).
SEC. 5804. AUTHORIZATION FOR EFFECTIVE METHAMPHETAMINE PRECURSOR
ELECTRONIC LOGBOOK SYSTEMS.
Section 310(e)(1) of the Controlled Substances Act (21 U.S.C.
830(e)(1)) is amended--
(1) in subparagraph (A)(iii), by striking ``a written or
electronic list'' and inserting ``a written list or an
electronic list that complies with subparagraph (H)''; and
(2) adding at the end the following:
``(H) Electronic logbooks.--
``(i) In general.--A logbook maintained in
electronic form shall include, for each sale to
which the requirement of subparagraph (A)(iii)
applies, the name of any product sold, the
quantity of that product sold, the name and
address of each purchaser, the date and time of
the sale, and any other information required by
State or local law.
``(ii) Sellers.--In complying with the
requirements of clause (i), a regulated seller
may--
``(I) ask a prospective purchaser
for the name and address, and enter
such information into the electronic
logbook, and if the seller enters the
name and address of the prospective
purchaser into the electronic logbook,
the seller shall determine that the
name entered into the electronic
logbook corresponds to the name
provided on the identification
presented by the purchaser under
subparagraph (A)(iv)(I)(aa); and
``(II) use a software program that
automatically and accurately records
the date and time of each sale.
``(iii) Purchasers.--A prospective
purchaser in a sale to which the requirement of
subparagraph (A)(iii) applies that is being
documented in an electronic logbook shall
provide a signature in at least one of the
following ways:
``(I) Signing a device presented by
the seller that captures signatures in
an electronic format.
``(II) Signing a bound paper book.
``(III) Signing a printed document
that corresponds to the electronically-
captured logbook information for such
purchaser.
``(iv) Electronic signatures.--
``(I) Device.--Any device used
under clause (iii)(I) shall--
``(aa) preserve each
signature in a manner that
clearly links that signature to
the other electronically-
captured logbook information
relating to the prospective
purchaser providing that
signature; and
``(bb) display information
that complies with subparagraph
(A)(v).
``(II) Document retention.--A
regulated seller that uses a device
under clause (iii)(I) to capture
signatures shall maintain each such
signature for not less than 2 years
after the date on which that signature
is captured.
``(v) Paper books.--
``(I) In general.--Any bound paper
book used under clause (iii)(II)
shall--
``(aa) ensure that the
signature of the prospective
purchaser is adjacent to a
unique identifier number or a
printed sticker that clearly
links that signature to the
electronically-captured logbook
information relating to that
prospective purchaser; and
``(bb) display information
that complies with subparagraph
(A)(v).
``(II) Document retention.--A
regulated seller that uses bound paper
books under clause (iii)(II) shall
maintain any entry in such books for
not less than 2 years after the date on
which that entry is made.
``(vi) Printed documents.--
``(I) In general.--Any printed
document used under clause (iii)(III)
shall--
``(aa) be printed by the
seller at the time of the sale
that document relates to;
``(bb) display information
that complies with subparagraph
(A)(v);
``(cc) for the relevant
sale, list the name of each
product sold, the quantity
sold, the name and address of
the purchaser, and the date and
time of the sale;
``(dd) contain a clearly
identified signature line for a
purchaser to sign; and
``(ee) include a notice
that the signer has read the
printed information and agrees
that it is accurate.
``(II) Document retention.--
``(aa) In general.--A
regulated seller that uses
printed documents under clause
(iii)(III) shall maintain each
such document for not less than
2 years after the date on which
that document is signed.
``(bb) Secure storage.--
Each signed document shall be
inserted into a binder or other
secure means of document
storage immediately after the
purchaser signs the
document.''.
SEC. 5805. GRANTS FOR METHAMPHETAMINE PRECURSOR ELECTRONIC LOGBOOK
SYSTEMS.
(a) Establishment.--The Attorney General of the United States,
through 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 State and local governments to plan, develop,
implement, or enhance methamphetamine precursor electronic logbook
systems.
(b) Use of Funds.--
(1) In general.--A grant under this section may be used to
enable a methamphetamine precursor electronic logbook system
to--
(A) indicate to a regulated seller, upon the entry
of information regarding a prospective purchaser into
the methamphetamine precursor electronic logbook
system, whether that prospective purchaser has been
determined by appropriate law enforcement or regulatory
agencies to be eligible, ineligible, or potentially
ineligible to purchase a scheduled listed chemical
product under Federal, State, or local law; and
(B) provide contact information for a prospective
purchaser to use if the prospective purchaser wishes to
question a determination by appropriate law enforcement
or regulatory agencies that the prospective purchaser
is ineligible or potentially ineligible to purchase a
scheduled listed chemical product.
(2) Access to information.--Any methamphetamine precursor
electronic logbook system planned, developed, implemented, or
enhanced with a grant under this section shall prohibit
accessing, using, or sharing information entered into that
system for any purpose other than to--
(A) ensure compliance with this subtitle, section
310(e) of the Controlled Substances Act (21 U.S.C.
830(e)) (as amended by this Act), State law governing
the distribution of any scheduled listed chemical
product, or other applicable Federal, State, or local
law; or
(B) facilitate a product recall to protect public
safety.
(c) Grant Requirements.--
(1) Maximum amount.--The Attorney General shall not award a
grant under this section in an amount that exceeds $300,000.
(2) Duration.--The period of a grant made under this
section shall not exceed 3 years.
(3) Matching requirement.--Not less than 25 percent of the
cost of a project for which a grant is made under this section
shall be provided by non-Federal sources.
(4) Preference for grants.--In awarding grants under this
section, the Attorney General shall give priority to any grant
application involving a proposed or ongoing methamphetamine
precursor electronic logbook system that is--
(A) statewide in scope;
(B) capable of real-time capture and transmission
of logbook information to appropriate law enforcement
and regulatory agencies;
(C) designed in a manner that will facilitate the
exchange of logbook information between appropriate law
enforcement and regulatory agencies across
jurisdictional boundaries, including State boundaries;
and
(D) developed and operated, to the extent feasible,
in consultation and ongoing coordination with the Drug
Enforcement Administration, the Office of Justice
Programs, the Office of National Drug Control Policy,
the nonprofit corporation described in section 1105 of
the Office of National Drug Control Policy
Reauthorization Act of 2006 (21 U.S.C. 1701 note),
other Federal, State, and local law enforcement and
regulatory agencies, as appropriate, and regulated
sellers.
(5) Annual report.--
(A) In general.--Not later than December 31 of each
calendar year in which funds from a grant received
under this section are expended, the Attorney General
shall submit a report to Congress containing--
(i) a summary of the activities carried out
with grant funds during that year;
(ii) an assessment of the effectiveness of
the activities described in clause (i) on the
planning, development, implementation or
enhancement of methamphetamine precursor
electronic logbook systems;
(iii) an assessment of the effect of the
activities described in clause (i) on
curtailing the manufacturing of methamphetamine
in the United States and the harms associated
with such manufacturing; and
(iv) a strategic plan for the year
following the year of that report.
(B) Additional information.--The Attorney General
may require the recipient of a grant under this section
to provide information relevant to preparing any report
under subparagraph (A) in a report that grant recipient
is required to submit to the Office of Justice Programs
of the Department of Justice.
SEC. 5806. STUDY.
(a) In General.--Not later than 1 year after the date on which
grant funds under section 5805 are first distributed, the Comptroller
General of the United States shall conduct a study and submit to
Congress a report regarding the effectiveness of methamphetamine
precursor electronic logbook systems that receive funding under that
section.
(b) Contents.--The report submitted under subsection (a) shall
include--
(1) a summary of the activities carried out with grant
funds during the previous year;
(2) an assessment of the effectiveness of the activities
described in paragraph (1) on the planning, development,
implementation or enhancement of methamphetamine precursor
electronic logbook systems in the United States;
(3) an assessment of the extent to which proposed or
operational methamphetamine precursor electronic logbook
systems in the United States, including those that receive
funding under section 5805, are--
(A) statewide in scope;
(B) capable of real-time capture and transmission
of logbook information to appropriate law enforcement
and regulatory agencies;
(C) designed in a manner that will facilitate the
exchange of logbook information between appropriate law
enforcement and regulatory agencies across
jurisdictional boundaries, including State boundaries;
and
(D) developed and operated, to the extent feasible,
upon consultation with and in ongoing coordination with
the Drug Enforcement Administration, the Office of
Justice Programs, the Office of National Drug Control
Policy, the nonprofit corporation described in section
1105 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (21 U.S.C. 1701 note),
other Federal, State, and local law enforcement and
regulatory agencies, as appropriate, and regulated
sellers;
(4) an assessment of the effect of methamphetamine
precursor electronic logbook systems, including those that
receive funding under this subtitle, on curtailing the
manufacturing of methamphetamine in the United States and
reducing its associated harms;
(5) recommendations for further curtailing the domestic
manufacturing of methamphetamine and reducing its associated
harms; and
(6) such other information as the Comptroller General
determines appropriate.
SEC. 5807. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
subtitle--
(1) $3,000,000 for fiscal year 2008; and
(2) such sums as may be necessary for each fiscal year
thereafter.
Subtitle I--PACT Act
SEC. 5901. SHORT TITLE.
This subtitle may be cited as the ``Police and Communities Together
Act'' or the ``PACT Act''.
SEC. 5902. PURPOSE.
The purpose of this subtitle is to create a Police and Communities
Together program within the Department of Justice--
(1) to serve as a rapid response network to address
existing and emerging local and national drug threats;
(2) based on the structure of the Partnership for Drug-Free
America's Meth360 program to reduce methamphetamine abuse; and
(3) that will--
(A) be led by trained law enforcement
professionals, partnering with local prevention and
treatment organizations; and
(B) focus on prevention, education, and community
mobilization about specific drug threats in a certain
locality.
SEC. 5903. AUTHORIZATION OF PROGRAM.
The Attorney General shall establish a ``Police and Communities
Together Program'' which shall include the following elements:
(1) Research-based prevention presentations that will--
(A) be delivered jointly by law enforcement,
prevention, and treatment professionals;
(B) address 5 major topics as follows:
(i) The effects of substance abuse on
individuals.
(ii) The effects of substance abuse on
communities.
(iii) Families and prevention.
(iv) Intervention and treatment with
content specific to the substance being abused.
(v) Community mobilization;
(C) allow local presenters to tailor the program to
their community's specific drug prevention needs; and
(D) be adapted for various audiences such as
parents, students, and the medical community.
(2) Training for presenters that provides the law
enforcement, prevention, and treatment presenters with the
fundamental education and skills they need to effectively
deliver drug education presentations.
SEC. 5904. USE OF FUNDS.
To carry out activities under this subtitle, the Attorney General
shall make a directed grant to the Partnership for a Drug-Free America,
which shall be responsible for--
(1) developing the research-based prevention presentations
used in the PACT program;
(2) coordinating groups of law enforcement, treatment, and
prevention professionals to serve as local presenters; and
(3) training local presenters about--
(A) the specific existing and emerging drug
threats; and
(B) the most effective means to deliver the
presentations.
SEC. 5905. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$5,000,000 for each of the fiscal years 2008 through 2012.
TITLE VI--PREVENTING ILLEGAL TRAFFICKING OF FIREARMS
Subtitle A--Firearms Background Check Enhancement Act of 2007
SEC. 6101. SHORT TITLE.
This subtitle may be cited as the ``Firearms Background Check
Enhancement Act of 2007''.
SEC. 6102. FINDINGS.
Congress finds that--
(1) more than 4,400 traditional gun shows are held annually
across the United States, attracting thousands of attendees per
show and hundreds of Federal firearms licensees and nonlicensed
firearms sellers;
(2) traditional gun shows, as well as flea markets and
other organized events, at which a large number of firearms are
offered for sale by Federal firearms licensees and nonlicensed
firearms sellers form a significant part of the national
firearms market;
(3) firearms and ammunition that are exhibited or offered
for sale or exchange at gun shows, flea markets, and other
organized events move easily in and substantially affect
interstate commerce;
(4) in addition, before a firearm is exhibited or offered
for sale or exchange at a gun show, flea market, or other
organized event, the gun, its component parts, ammunition, and
the raw materials from which it is manufactured have moved in
interstate commerce;
(5) gun shows, flea markets, and other organized events at
which firearms are exhibited or offered for sale or exchange
provide a convenient and centralized commercial location at
which firearms may be bought and sold anonymously, often
without background checks and without records that enable gun
tracing;
(6) since the enactment of the Brady Handgun Violence
Prevention Act (Public Law 103-159; 107 Stat. 1536) in 1993,
nearly 70,000,000 background checks have been performed by
Federal firearm licensees denying guns to 1,360,000 illegal
buyers;
(7) at gun shows, flea markets, and other organized events
at which guns are exhibited or offered for sale or exchange,
criminals, terrorists, and other prohibited persons have
obtained guns without background checks and frequently use guns
that cannot be traced to later committed crimes;
(8) many persons who buy and sell firearms at gun shows,
flea markets, and other organized events cross State lines to
attend these events and engage in the interstate transportation
of firearms obtained at these events;
(9) gun violence is a pervasive, national problem that is
exacerbated by the free availability of guns at gun shows, flea
markets, and other organized events;
(10) firearms associated with gun shows have been
transferred illegally to residents of another State by Federal
firearms licensees and nonlicensed firearms sellers, and have
been involved in subsequent crimes including drug offenses,
crimes of violence, property crimes, and illegal possession of
firearms by felons and other prohibited persons; and
(11) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to ensure, by enactment of this Act, that criminals and
other prohibited persons do not obtain firearms at gun shows,
flea markets, and other organized events.
SEC. 6103. EXTENSION OF BRADY BACKGROUND CHECKS TO GUN SHOWS.
(a) Definitions.--Section 921(a) of title 18, United States Code,
is amended by adding at the end the following:
``(36) Gun show.--The term `gun show' means any event--
``(A) at which not fewer than 50 firearms are
offered or exhibited for sale, transfer, or exchange,
if 1 or more of the firearms has been shipped or
transported in, or otherwise affects, interstate or
foreign commerce; and
``(B) at which--
``(i) not fewer than 20 percent of the
exhibitors are firearm exhibitors; or
``(ii) there are not fewer than 10 firearm
exhibitors.
``(37) Gun show promoter.--The term `gun show promoter'
means any person who organizes, plans, promotes, or operates a
gun show.
``(38) Gun show vendor.--The term `gun show vendor' means
any person who exhibits, sells, offers for sale, transfers, or
exchanges 1 or more firearms at a gun show, regardless of
whether the person arranges with the gun show promoter for a
fixed location from which to exhibit, sell, offer for sale,
transfer, or exchange 1 or more firearms.''.
(b) Regulation of Firearms Transfers at Gun Shows.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 932. Regulation of firearms transfers at gun shows
``(a) Registration of Gun Show Promoters.--It shall be unlawful for
any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) registers with the Attorney General in accordance
with regulations promulgated by the Attorney General; and
``(2) pays a registration fee, in an amount determined by
the Attorney General.
``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful
for any person to organize, plan, promote, or operate a gun show unless
that person--
``(1) has notified the Attorney General not later than 15
days before the event of the date, time, duration, and location
of the event;
``(2) before commencement of the gun show, verifies the
identity of each gun show vendor participating in the gun show
by examining a valid identification document (as that term is
defined in section 1028(d)) of the vendor containing a
photograph of the vendor;
``(3) before commencement of the gun show, requires each
gun show vendor to sign--
``(A) a ledger with identifying information
concerning the vendor; and
``(B) a notice advising the vendor of the
obligations of the vendor under this chapter;
``(4) notifies each person who attends the gun show of the
requirements of this chapter, in accordance with such
regulations as the Attorney General shall prescribe; and
``(5) maintains a copy of the records described in
paragraphs (2) and (3) at the permanent place of business of
the gun show promoter for such period of time and in such form
as the Attorney General shall require by regulation.
``(c) Responsibilities of Transferors Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to transfer a firearm to
another person who is not licensed under this chapter, unless
the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not transfer the firearm to the
transferee until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
transfer the firearm to the transferee if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(3) Absence of recordkeeping requirements.--Nothing in
this section shall permit or authorize the Attorney General to
impose recordkeeping requirements on any nonlicensed vendor.
``(d) Responsibilities of Transferees Other Than Licensees.--
``(1) In general.--If any part of a firearm transaction
takes place at a gun show, it shall be unlawful for any person
who is not licensed under this chapter to receive a firearm
from another person who is not licensed under this chapter,
unless the firearm is transferred through a licensed importer,
licensed manufacturer, or licensed dealer in accordance with
subsection (e).
``(2) Criminal background checks.--A person who is subject
to the requirement of paragraph (1)--
``(A) shall not receive the firearm from the
transferor until the licensed importer, licensed
manufacturer, or licensed dealer through which the
transfer is made under subsection (e) makes the
notification described in subsection (e)(3)(A); and
``(B) notwithstanding subparagraph (A), shall not
receive the firearm from the transferor if the licensed
importer, licensed manufacturer, or licensed dealer
through which the transfer is made under subsection (e)
makes the notification described in subsection
(e)(3)(B).
``(e) Responsibilities of Licensees.--A licensed importer, licensed
manufacturer, or licensed dealer who agrees to assist a person who is
not licensed under this chapter in carrying out the responsibilities of
that person under subsection (c) or (d) with respect to the transfer of
a firearm shall--
``(1) enter such information about the firearm as the
Attorney General may require by regulation into a separate
bound record;
``(2) record the transfer on a form specified by the
Attorney General;
``(3) comply with section 922(t) as if transferring the
firearm from the inventory of the licensed importer, licensed
manufacturer, or licensed dealer to the designated transferee
(although a licensed importer, licensed manufacturer, or
licensed dealer complying with this subsection shall not be
required to comply again with the requirements of section
922(t) in delivering the firearm to the nonlicensed
transferor), and notify the nonlicensed transferor and the
nonlicensed transferee--
``(A) of such compliance; and
``(B) if the transfer is subject to the
requirements of section 922(t)(1), of any receipt by
the licensed importer, licensed manufacturer, or
licensed dealer of a notification from the national
instant criminal background check system that the
transfer would violate section 922 or would violate
State law;
``(4) not later than 10 days after the date on which the
transfer occurs, submit to the Attorney General a report of the
transfer, which report--
``(A) shall be on a form specified by the Attorney
General by regulation; and
``(B) shall not include the name of or other
identifying information relating to any person involved
in the transfer who is not licensed under this chapter;
``(5) if the licensed importer, licensed manufacturer, or
licensed dealer assists a person other than a licensee in
transferring, at 1 time or during any 5 consecutive business
days, 2 or more pistols or revolvers, or any combination of
pistols and revolvers totaling 2 or more, to the same
nonlicensed person, in addition to the reports required under
paragraph (4), prepare a report of the multiple transfers,
which report shall be--
``(A) prepared on a form specified by the Attorney
General; and
``(B) not later than the close of business on the
date on which the transfer occurs, forwarded to--
``(i) the office specified on the form
described in subparagraph (A); and
``(ii) the appropriate State law
enforcement agency of the jurisdiction in which
the transfer occurs; and
``(6) retain a record of the transfer as part of the
permanent business records of the licensed importer, licensed
manufacturer, or licensed dealer.
``(f) Records of Licensee Transfers.--If any part of a firearm
transaction takes place at a gun show, each licensed importer, licensed
manufacturer, or licensed dealer who transfers 1 or more firearms to a
person who is not licensed under this chapter shall, not later than 10
days after the date on which the transfer occurs, submit to the
Attorney General a report of the transfer, which report--
``(1) shall be in a form specified by the Attorney General
by regulation;
``(2) shall not include the name of or other identifying
information relating to the transferee; and
``(3) shall not duplicate information provided in any
report required under subsection (e)(4).
``(g) Firearm Transaction Defined.--In this section, the term
`firearm transaction'--
``(1) includes the offer for sale, sale, transfer, or
exchange of a firearm; and
``(2) does not include the mere exhibition of a firearm.''.
(2) Penalties.--Section 924(a) of title 18, United States
Code, is amended by adding at the end the following:
``(7)(A) Whoever knowingly violates section 932(a) shall be fined
under this title, imprisoned not more than 5 years, or both.
``(B) Whoever knowingly violates subsection (b) or (c) of section
932, shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
fined under this title, imprisoned not more than 5 years, or
both.
``(C) Whoever willfully violates section 932(d), shall be--
``(i) fined under this title, imprisoned not more than 2
years, or both; and
``(ii) in the case of a second or subsequent conviction,
fined under this title, imprisoned not more than 5 years, or
both.
``(D) Whoever knowingly violates subsection (e) or (f) of section
932 shall be fined under this title, imprisoned not more than 5 years,
or both.
``(E) In addition to any other penalties imposed under this
paragraph, the Attorney General may, with respect to any person who
knowingly violates any provision of section 932--
``(i) if the person is registered under section 932(a),
after notice and opportunity for a hearing, suspend for not
more than 6 months or revoke the registration of that person
under section 932(a); and
``(ii) impose a civil fine in an amount equal to not more
than $10,000.''.
(3) Technical and conforming amendments.--Chapter 44 of
title 18, United States Code, is amended--
(A) in the table of sections, by adding at the end
the following:
``932. Regulation of firearms transfers at gun shows.'';
and
(B) in the first sentence of section 923(j), by
striking ``a gun show or event'' and inserting ``an
event''; and
(c) Inspection Authority.--Section 923(g)(1) is amended by adding
at the end the following:
``(E) Notwithstanding subparagraph (B), the Attorney General may
enter during business hours the place of business of any gun show
promoter and any place where a gun show is held for the purposes of
examining the records required by sections 923 and 932 and the
inventory of licensees conducting business at the gun show. Such entry
and examination shall be conducted for the purposes of determining
compliance with this chapter by gun show promoters and licensees
conducting business at the gun show and shall not require a showing of
reasonable cause or a warrant.''.
(d) Increased Penalties for Serious Recordkeeping Violations by
Licensees.--Section 924(a)(3) of title 18, United States Code, is
amended to read as follows:
``(3)(A) Except as provided in subparagraph (B), any licensed
dealer, licensed importer, licensed manufacturer, or licensed collector
who knowingly makes any false statement or representation with respect
to the information required by this chapter to be kept in the records
of a person licensed under this chapter, or violates section 922(m)
shall be fined under this title, imprisoned not more than 1 year, or
both.
``(B) If the violation described in subparagraph (A) is in relation
to an offense--
``(i) under paragraph (1) or (3) of section 922(b), such
person shall be fined under this title, imprisoned not more
than 5 years, or both; or
``(ii) under subsection (a)(6) or (d) of section 922, such
person shall be fined under this title, imprisoned not more
than 10 years, or both.''.
(e) Increased Penalties for Violations of Criminal Background Check
Requirements.--
(1) Penalties.--Section 924(a) of title 18, United States
Code, as amended by this Act, is amended--
(A) in paragraph (5), by striking ``subsection (s)
or (t) of section 922'' and inserting ``section
922(s)''; and
(B) by adding at the end the following:
``(8) Whoever knowingly violates section 922(t) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
(2) Elimination of certain elements of offense.--Section
922(t)(5) of title 18, United States Code, is amended by
striking ``and, at the time'' and all that follows through
``State law''.
(f) Gun Owner Privacy and Prevention of Fraud and Abuse of System
Information.--Section 922(t)(2)(C) of title 18, United States Code, is
amended by inserting before the period at the end the following: ``, as
soon as possible, consistent with the responsibility of the Attorney
General under section 103(h) of the Brady Handgun Violence Prevention
Act to ensure the privacy and security of the system and to prevent
system fraud and abuse, but in no event later than 90 days after the
date on which the licensee first contacts the system with respect to
the transfer''.
(g) Effective Date.--This subtitle and the amendments made by this
subtitle shall take effect 180 days after the date of enactment of this
Act.
Subtitle B--Assault Weapons Ban Renewal Act of 2007
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ``Assault Weapons Ban Renewal Act
of 2007''.
SEC. 6202. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF
CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.
(a) Restriction.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (u) the following:
``(v)(1) Except as provided in paragraphs (2) through (5) it shall
be unlawful for a person to manufacture, transfer, or possess a
semiautomatic assault weapon.
``(2) Paragraph (1) shall not apply to the possession or transfer
of any semiautomatic assault weapon otherwise lawfully possessed under
Federal law on the date of the enactment of the Assault Weapons Ban
Renewal Act of 2007.
``(3) Paragraph (1) shall not apply to--
``(A) any of the firearms, or replicas or duplicates of the
firearms, specified in Appendix A to this section, as such
firearms were manufactured on October 1, 1993;
``(B) any firearm that--
``(i) is manually operated by bolt, pump, lever, or
slide action;
``(ii) has been rendered permanently inoperable; or
``(iii) is an antique firearm;
``(C) any semiautomatic rifle that cannot accept a
detachable magazine that holds more than 5 rounds of
ammunition; or
``(D) any semiautomatic shotgun that cannot hold more than
5 rounds of ammunition in a fixed or detachable magazine.
``(4) The fact that a firearm is not listed in Appendix A shall not
be construed to mean that paragraph (1) applies to such firearm.
``(5) Paragraph (1) shall not apply to--
``(A) the manufacture for, transfer to, or possession by
the United States or a department or agency of the United
States or a State or a department, agency, or political
subdivision of a State, or a transfer to or possession by a law
enforcement officer employed by such an entity for purposes of
law enforcement (whether on or off duty);
``(B) the transfer to a licensee under title I of the
Atomic Energy Act of 1954 for purposes of establishing and
maintaining an on-site physical protection system and security
organization required by Federal law, or possession by an
employee or contractor of such licensee on-site for such
purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials;
``(C) the possession, by an individual who is retired from
service with a law enforcement agency and is not otherwise
prohibited from receiving a firearm, of a semiautomatic assault
weapon transferred to the individual by the agency upon such
retirement; or
``(D) the manufacture, transfer, or possession of a
semiautomatic assault weapon by a licensed manufacturer or
licensed importer for the purposes of testing or
experimentation authorized by the Attorney General.''.
(b) Definition of Semiautomatic Assault Weapon.--Section 921(a) of
title 18, United States Code, is amended by inserting after paragraph
(29) the following:
``(30) The term `semiautomatic assault weapon' means the
following:
``(A) Any of the firearms, or copies or duplicates
of the firearms in any caliber, known as--
``(i) Norinco, Mitchell, and Poly
Technologies Avtomat Kalashnikovs (all models);
``(ii) Action Arms Israeli Military
Industries UZI and Galil;
``(iii) Beretta Ar70 (SC-70);
``(iv) Colt AR-15;
``(v) Fabrique National FN/FAL, FN/LAR, and
FNC;
``(vi) SWD M-10, M-11, M-11/9, and M-12;
``(vii) Steyr AUG;
``(viii) INTRATEC TEC-9, TEC-DC9 and TEC-
22; or
``(ix) revolving cylinder shotguns, such as
(or similar to) the Street Sweeper and Striker
12.
``(B)(i) A semiautomatic rifle that has an ability
to accept a detachable magazine and has at least 2 of
the features described in clause (ii).
``(ii) The features described in this clause are--
``(I) a folding or telescoping stock;
``(II) a pistol grip that protrudes
conspicuously beneath the action of the weapon;
``(III) a bayonet mount;
``(IV) a flash suppressor or threaded
barrel designed to accommodate a flash
suppressor; and
``(V) a grenade launcher.
``(C)(i) A semiautomatic pistol that has an ability
to accept a detachable magazine and has at least 2 of
the features described in clause (ii).
``(ii) The features described in this clause are--
``(I) an ammunition magazine that attaches
to the pistol outside of the pistol grip;
``(II) a threaded barrel capable of
accepting a barrel extender, flash suppressor,
forward handgrip, or silencer;
``(III) a shroud that is attached to, or
partially or completely encircles, the barrel
and that permits the shooter to hold the
firearm with the nontrigger hand without being
burned;
``(IV) a manufactured weight of 50 ounces
or more when the pistol is unloaded; and
``(V) a semiautomatic version of an
automatic firearm.
``(D)(i) A semiautomatic shotgun that has at least
2 of the features described in clause (ii).
``(ii) The features described in this clause are--
``(I) a folding or telescoping stock;
``(II) a pistol grip that protrudes
conspicuously beneath the action of the weapon;
``(III) a fixed magazine capacity in excess
of 5 rounds; and
``(IV) an ability to accept a detachable
magazine.''.
(c) Penalties.--
(1) Violation of section 922(v).--Section 924(a)(1)(B) of
title 18, United States Code, is amended by striking ``or (q)
of section 922'' and inserting ``(r), or (v) of section 922''.
(2) Use or possession during crime of violence or drug
trafficking crime.--Section 924(c)(1)(B)(i) of title 18, United
States Code, is amended by inserting ``or semiautomatic assault
weapon,'' after ``short-barreled shotgun,''.
(d) Identification Markings for Semiautomatic Assault Weapons.--
Section 923(i) of title 18, United States Code, is amended by adding at
the end the following: ``The serial number of any semiautomatic assault
weapon manufactured after the date of the enactment of the Assault
Weapons Ban Renewal Act of 2007 shall clearly show the date on which
the weapon was manufactured.''.
SEC. 6203. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) Prohibition.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (u), as added by this Act, the
following:
``(w)(1) Except as provided in paragraph (2), it shall be unlawful
for a person to transfer or possess a large capacity ammunition feeding
device.
``(2)(A) Paragraph (1) shall not apply to the possession or
transfer of any large capacity ammunition feeding device otherwise
lawfully possessed on or before the date of the enactment of the
Assault Weapons Ban Renewal Act of 2007.
``(B) Paragraph (1) shall not apply to--
``(i) the manufacture for, transfer to, or possession by
the United States or a department or agency of the United
States or a State or a department, agency, or political
subdivision of a State, or a transfer to or possession by a law
enforcement officer employed by such an entity for purposes of
law enforcement (whether on or off duty);
``(ii) the transfer to a licensee under title I of the
Atomic Energy Act of 1954 for purposes of establishing and
maintaining an on-site physical protection system and security
organization required by Federal law, or possession by an
employee or contractor of such licensee on-site for such
purposes or off-site for purposes of licensee-authorized
training or transportation of nuclear materials;
``(iii) the possession, by an individual who is retired
from service with a law enforcement agency and is not otherwise
prohibited from receiving ammunition, of a large capacity
ammunition feeding device transferred to the individual by the
agency upon such retirement; or
``(iv) the manufacture, transfer, or possession of any
large capacity ammunition feeding device by a licensed
manufacturer or licensed importer for the purposes of testing
or experimentation authorized by the Attorney General.
``(3) If a person charged with violating paragraph (1) asserts that
paragraph (1) does not apply to such person because of subparagraph (A)
or (B) of paragraph (2), the Government shall have the burden of proof
to show that such paragraph (1) applies to such person. The lack of a
serial number as described in section 923(i) of this title shall
establish a presumption that the large capacity ammunition feeding
device is not subject to the prohibition of possession in paragraph
(1).''.
(b) Definition of Large Capacity Ammunition Feeding Device.--
Section 921(a) of title 18, United States Code, as amended by section
110102(b), is amended by inserting after paragraph (30), as added by
this Act, the following:
``(31) The term `large capacity ammunition feeding
device'--
``(A) means a magazine, belt, drum, feed strip, or
similar device manufactured after the date of enactment
of the Assault Weapons Ban Renewal Act of 2007 that has
a capacity of, or that can be readily restored or
converted to accept, more than 10 rounds of ammunition;
and
``(B) does not include an attached tubular device
designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.''.
(c) Penalty.--Section 924(a)(1)(B) of title 18, United States Code,
as amended by this Act, is amended by striking ``or (v)'' and inserting
``(v), or (w)''.
(d) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of title 18, United States Code, as amended by
this Act, is amended by adding at the end the following: ``A large
capacity ammunition feeding device manufactured after the date of
enactment of the Assault Weapons Ban Renewal Act of 2007 shall be
identified by a serial number that clearly shows that the device was
manufactured or imported after the effective date of this subsection,
and such other identification as the Attorney General may by regulation
prescribe.''.
SEC. 6204. STUDY BY ATTORNEY GENERAL.
(a) Study.--The Attorney General shall investigate and study the
effect of this subtitle and the amendments made by this subtitle, and
in particular shall determine their impact, if any, on violent and drug
trafficking crime. The study shall be conducted over the 18-month
period beginning 12 months after the date of enactment of this Act.
(b) Report.--Not later than 30 months after the date of enactment
of this Act, the Attorney General shall submit to Congress a report
setting forth in detail the findings and determinations made in the
study under subsection (a).
SEC. 6205. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle--
(1) shall take effect on the date of enactment of this Act;
and
(2) are repealed effective as of the date that is 10 years
after that date of enactment.
SEC. 6206. APPENDIX A TO SECTION 922 OF TITLE 18.
Section 922 of title 18, United States Code, is amended by adding
at the end the following appendix:
APPENDIX A.
``Centerfire Rifles--Autoloaders.--Browning BAR Mark II Safari
Semi-Auto Rifle
Browning BAR Mark II Safari Magnum Rifle
``Browning High-Power Rifle
``Heckler & Koch Model 300 Rifle
``Iver Johnson M-1 Carbine
``Iver Johnson 50th Anniversary M-1 Carbine
``Marlin Model 9 Camp Carbine
``Marlin Model 45 Carbine
``Remington Nylon 66 Auto-Loading Rifle
``Remington Model 7400 Auto Rifle
``Remington Model 7400 Rifle
``Remington Model 7400 Special Purpose Auto Rifle
``Ruger Mini-14 Autoloading Rifle (w/o folding stock)
``Ruger Mini Thirty Rifle
Browning Model 81 BLR Lever-Action Rifle
``Browning Model 81 Long Action BLR
``Browning Model 1886 Lever-Action Carbine
``Browning Model 1886 High Grade Carbine
``Cimarron 1860 Henry Replica
``Cimarron 1866 Winchester Replicas
``Cimarron 1873 Short Rifle
``Cimarron 1873 Sporting Rifle
``Cimarron 1873 30" Express Rifle
``Dixie Engraved 1873 Rifle
``E.M.F. 1866 Yellowboy Lever Actions
``E.M.F. 1860 Henry Rifle
``E.M.F. Model 73 Lever-Action Rifle
``Marlin Model 336CS Lever-Action Carbine
``Marlin Model 30AS Lever-Action Carbine
``Marlin Model 444SS Lever-Action Sporter
``Marlin Model 1894S Lever-Action Carbine
``Marlin Model 1894CS Carbine
``Marlin Model 1894CL Classic
``Marlin Model 1895SS Lever-Action Rifle
``Mitchell 1858 Henry Replica
``Mitchell 1866 Winchester Replica
``Mitchell 1873 Winchester Replica
``Navy Arms Military Henry Rifle
``Navy Arms Henry Trapper
``Navy Arms Iron Frame Henry
``Navy Arms Henry Carbine
``Navy Arms 1866 Yellowboy Rifle
``Navy Arms 1873 Winchester-Style Rifle
``Navy Arms 1873 Sporting Rifle
``Remington 7600 Slide Action
``Remington Model 7600 Special Purpose Slide Action
``Rossi M92 SRC Saddle-Ring Carbine
``Rossi M92 SRS Short Carbine
``Savage 99C Lever-Action Rifle
``Uberti Henry Rifle
``Uberti 1866 Sporting Rifle
``Uberti 1873 Sporting Rifle
``Winchester Model 94 Side Eject Lever-Action Rifle
``Winchester Model 94 Trapper Side Eject
``Winchester Model 94 Big Bore Side Eject
``Winchester Model 94 Ranger Side Eject Lever-Action Rifle
``Winchester Model 94 Wrangler Side Eject
Alpine Bolt-Action Rifle
``A-Square Caesar Bolt-Action Rifle
``A-Square Hannibal Bolt-Action Rifle
``Anschutz 1700D Classic Rifles
``Anschutz 1700D Custom Rifles
``Anschutz 1700D Bavarian Bolt-Action Rifle
``Anschutz 1733D Mannlicher Rifle
``Barret Model 90 Bolt-Action Rifle
``Beeman/HW 60J Bolt-Action Rifle
``Blaser R84 Bolt-Action Rifle
``BRNO 537 Sporter Bolt-Action Rifle
``BRNO ZKB 527 Fox Bolt-Action Rifle
``BRNO ZKK 600, 601, 602 Bolt-Action Rifles
``Browning A-Bolt Rifle
``Browning A-Bolt Stainless Stalker
``Browning A-Bolt Left Hand
``Browning A-Bolt Short Action
``Browning Euro-Bolt Rifle
``Browning A-Bolt Gold Medallion
``Browning A-Bolt Micro Medallion
``Century Centurion 14 Sporter
``Century Enfield Sporter #4
``Century Swedish Sporter #38
``Century Mauser 98 Sporter
``Cooper Model 38 Centerfire Sporter
``Dakota 22 Sporter Bolt-Action Rifle
``Dakota 76 Classic Bolt-Action Rifle
``Dakota 76 Short Action Rifles
``Dakota 76 Safari Bolt-Action Rifle
``Dakota 416 Rigby African
``E.A.A./Sabatti Rover 870 Bolt-Action Rifle
``Auguste Francotte Bolt-Action Rifles
``Carl Gustaf 2000 Bolt-Action Rifle
``Heym Magnum Express Series Rifle
``Howa Lightning Bolt-Action Rifle
``Howa Realtree Camo Rifle
``Interarms Mark X Viscount Bolt-Action Rifle
``Interarms Mini-Mark X Rifle
``Interarms Mark X Whitworth Bolt-Action Rifle
``Interarms Whitworth Express Rifle
``Iver Johnson Model 5100A1 Long-Range Rifle
``KDF K15 American Bolt-Action Rifle
``Krico Model 600 Bolt-Action Rifle
``Krico Model 700 Bolt-Action Rifles
``Mauser Model 66 Bolt-Action Rifle
``Mauser Model 99 Bolt-Action Rifle
``McMillan Signature Classic Sporter
``McMillan Signature Super Varminter
``McMillan Signature Alaskan
``McMillan Signature Titanium Mountain Rifle
``McMillan Classic Stainless Sporter
``McMillan Talon Safari Rifle
``McMillan Talon Sporter Rifle
``Midland 1500S Survivor Rifle
``Navy Arms TU-33/40 Carbine
``Parker-Hale Model 81 Classic Rifle
``Parker-Hale Model 81 Classic African Rifle
``Parker-Hale Model 1000 Rifle
``Parker-Hale Model 1100M African Magnum
``Parker-Hale Model 1100 Lightweight Rifle
``Parker-Hale Model 1200 Super Rifle
``Parker-Hale Model 1200 Super Clip Rifle
``Parker-Hale Model 1300C Scout Rifle
``Parker-Hale Model 2100 Midland Rifle
``Parker-Hale Model 2700 Lightweight Rifle
``Parker-Hale Model 2800 Midland Rifle
``Remington Model Seven Bolt-Action Rifle
``Remington Model Seven Youth Rifle
``Remington Model Seven Custom KS
``Remington Model Seven Custom MS Rifle
``Remington 700 ADL Bolt-Action Rifle
``Remington 700 BDL Bolt-Action Rifle
``Remington 700 BDL Varmint Special
``Remington 700 BDL European Bolt-Action Rifle
``Remington 700 Varmint Synthetic Rifle
``Remington 700 BDL SS Rifle
``Remington 700 Stainless Synthetic Rifle
``Remington 700 MTRSS Rifle
``Remington 700 BDL Left Hand
``Remington 700 Camo Synthetic Rifle
``Remington 700 Safari
``Remington 700 Mountain Rifle
``Remington 700 Custom KS Mountain Rifle
``Remington 700 Classic Rifle
``Ruger M77 Mark II Rifle
``Ruger M77 Mark II Magnum Rifle
``Ruger M77RL Ultra Light
``Ruger M77 Mark II All-Weather Stainless Rifle
``Ruger M77 RSI International Carbine
``Ruger M77 Mark II Express Rifle
``Ruger M77VT Target Rifle
``Sako Hunter Rifle
``Sako FiberClass Sporter
``Sako Safari Grade Bolt Action
``Sako Hunter Left-Hand Rifle
``Sako Classic Bolt Action
``Sako Hunter LS Rifle
``Sako Deluxe Lightweight
``Sako Super Deluxe Sporter
``Sako Mannlicher-Style Carbine
``Sako Varmint Heavy Barrel
``Sako TRG-S Bolt-Action Rifle
``Sauer 90 Bolt-Action Rifle
``Savage 110G Bolt-Action Rifle
``Savage 110CY Youth/Ladies Rifle
``Savage 110WLE One of One Thousand Limited Edition Rifle
``Savage 110GXP3 Bolt-Action Rifle
``Savage 110F Bolt-Action Rifle
``Savage 110FXP3 Bolt-Action Rifle
``Savage 110GV Varmint Rifle
``Savage 112FV Varmint Rifle
``Savage Model 112FVS Varmint Rifle
``Savage Model 112BV Heavy Barrel Varmint Rifle
``Savage 116FSS Bolt-Action Rifle
``Savage Model 116FSK Kodiak Rifle
``Savage 110FP Police Rifle
``Steyr-Mannlicher Sporter Models SL, L, M, S, S/T
``Steyr-Mannlicher Luxus Model L, M, S
``Steyr-Mannlicher Model M Professional Rifle
``Tikka Bolt-Action Rifle
``Tikka Premium Grade Rifles
``Tikka Varmint/Continental Rifle
``Tikka Whitetail/Battue Rifle
``Ultra Light Arms Model 20 Rifle
``Ultra Light Arms Model 28, Model 40 Rifles
``Voere VEC 91 Lightning Bolt-Action Rifle
``Voere Model 2165 Bolt-Action Rifle
``Voere Model 2155, 2150 Bolt-Action Rifles
``Weatherby Mark V Deluxe Bolt-Action Rifle
``Weatherby Lasermark V Rifle
``Weatherby Mark V Crown Custom Rifles
``Weatherby Mark V Sporter Rifle
``Weatherby Mark V Safari Grade Custom Rifles
``Weatherby Weathermark Rifle
``Weatherby Weathermark Alaskan Rifle
``Weatherby Classicmark No. 1 Rifle
``Weatherby Weatherguard Alaskan Rifle
``Weatherby Vanguard VGX Deluxe Rifle
``Weatherby Vanguard Classic Rifle
``Weatherby Vanguard Classic No. 1 Rifle
``Weatherby Vanguard Weatherguard Rifle
``Wichita Classic Rifle
``Wichita Varmint Rifle
``Winchester Model 70 Sporter
``Winchester Model 70 Sporter WinTuff
``Winchester Model 70 SM Sporter
``Winchester Model 70 Stainless Rifle
``Winchester Model 70 Varmint
``Winchester Model 70 Synthetic Heavy Varmint Rifle
``Winchester Model 70 DBM Rifle
``Winchester Model 70 DBM-S Rifle
``Winchester Model 70 Featherweight
``Winchester Model 70 Featherweight WinTuff
``Winchester Model 70 Featherweight Classic
``Winchester Model 70 Lightweight Rifle
``Winchester Ranger Rifle
``Winchester Model 70 Super Express Magnum
``Winchester Model 70 Super Grade
``Winchester Model 70 Custom Sharpshooter
``Winchester Model 70 Custom Sporting Sharpshooter Rifle
Armsport 1866 Sharps Rifle, Carbine
``Brown Model One Single Shot Rifle
``Browning Model 1885 Single Shot Rifle
``Dakota Single Shot Rifle
``Desert Industries G-90 Single Shot Rifle
``Harrington & Richardson Ultra Varmint Rifle
``Model 1885 High Wall Rifle
``Navy Arms Rolling Block Buffalo Rifle
``Navy Arms #2 Creedmoor Rifle
``Navy Arms Sharps Cavalry Carbine
``Navy Arms Sharps Plains Rifle
``New England Firearms Handi-Rifle
``Red Willow Armory Ballard No. 5 Pacific
``Red Willow Armory Ballard No. 1.5 Hunting Rifle
``Red Willow Armory Ballard No. 8 Union Hill Rifle
``Red Willow Armory Ballard No. 4.5 Target Rifle
``Remington-Style Rolling Block Carbine
``Ruger No. 1B Single Shot
``Ruger No. 1A Light Sporter
``Ruger No. 1H Tropical Rifle
``Ruger No. 1S Medium Sporter
``Ruger No. 1 RSI International
``Ruger No. 1V Special Varminter
``C.Sharps Arms New Model 1874 Old Reliable
``C.Sharps Arms New Model 1875 Rifle
``C.Sharps Arms 1875 Classic Sharps
``C.Sharps Arms New Model 1875 Target & Long Range
``Shiloh Sharps 1874 Long Range Express
``Shiloh Sharps 1874 Montana Roughrider
``Shiloh Sharps 1874 Military Carbine
``Shiloh Sharps 1874 Business Rifle
``Shiloh Sharps 1874 Military Rifle
``Sharps 1874 Old Reliable
``Thompson/Center Contender Carbine
``Thompson/Center Stainless Contender Carbine
``Thompson/Center Contender Carbine Survival System
``Thompson/Center Contender Carbine Youth Model
``Thompson/Center TCR '87 Single Shot Rifle
``Uberti Rolling Block Baby Carbine
Beretta Express SSO O/U Double Rifles
``Beretta Model 455 SxS Express Rifle
``Chapuis RGExpress Double Rifle
``Auguste Francotte Sidelock Double Rifles
``Auguste Francotte Boxlock Double Rifle
``Heym Model 55B O/U Double Rifle
``Heym Model 55FW O/U Combo Gun
``Heym Model 88b Side-by-Side Double Rifle
``Kodiak Mk. IV Double Rifle
``Kreighoff Teck O/U Combination Gun
``Kreighoff Trumpf Drilling
``Merkel Over/Under Combination Guns
``Merkel Drillings
``Merkel Model 160 Side-by-Side Double Rifles
``Merkel Over/Under Double Rifles
``Savage 24F O/U Combination Gun
``Savage 24F-12T Turkey Gun
``Springfield Inc. M6 Scout Rifle/Shotgun
``Tikka Model 412s Combination Gun
``Tikka Model 412S Double Fire
``A. Zoli Rifle-Shotgun O/U Combo
AMT Lightning 25/22 Rifle
``AMT Lightning Small-Game Hunting Rifle II
``AMT Magnum Hunter Auto Rifle
``Anschutz 525 Deluxe Auto
``Armscor Model 20P Auto Rifle
``Browning Auto-22 Rifle
``Browning Auto-22 Grade VI
``Krico Model 260 Auto Rifle
``Lakefield Arms Model 64B Auto Rifle
``Marlin Model 60 Self-Loading Rifle
``Marlin Model 60ss Self-Loading Rifle
``Marlin Model 70 HC Auto
``Marlin Model 990l Self-Loading Rifle
``Marlin Model 70P Papoose
``Marlin Model 922 Magnum Self-Loading Rifle
``Marlin Model 995 Self-Loading Rifle
``Norinco Model 22 ATD Rifle
``Remington Model 522 Viper Autoloading Rifle
``Remington 552BDL Speedmaster Rifle
``Ruger 10/22 Autoloading Carbine (w/o folding stock)
``Survival Arms AR-7 Explorer Rifle
``Texas Remington Revolving Carbine
``Voere Model 2115 Auto Rifle
Browning BL-22 Lever-Action Rifle
``Marlin 39TDS Carbine
``Marlin Model 39AS Golden Lever-Action Rifle
``Remington 572BDL Fieldmaster Pump Rifle
``Norinco EM-321 Pump Rifle
``Rossi Model 62 SA Pump Rifle
``Rossi Model 62 SAC Carbine
``Winchester Model 9422 Lever-Action Rifle
``Winchester Model 9422 Magnum Lever-Action Rifle
Anschutz Achiever Bolt-Action Rifle
``Anschutz 1416D/1516D Classic Rifles
``Anschutz 1418D/1518D Mannlicher Rifles
``Anschutz 1700D Classic Rifles
``Anschutz 1700D Custom Rifles
``Anschutz 1700 FWT Bolt-Action Rifle
``Anschutz 1700D Graphite Custom Rifle
``Anschutz 1700D Bavarian Bolt-Action Rifle
``Armscor Model 14P Bolt-Action Rifle
``Armscor Model 1500 Rifle
``BRNO ZKM-452 Deluxe Bolt-Action Rifle
``BRNO ZKM-452 Deluxe
``Beeman/HW 60-J-ST Bolt-Action Rifle
``Browning A-Bolt 22 Bolt-Action Rifle
``Browning A-Bolt Gold Medallion
``Cabanas Phaser Rifle
``Cabanas Master Bolt-Action Rifle
``Cabanas Espronceda IV Bolt-Action Rifle
``Cabanas Leyre Bolt-Action Rifle
``Chipmunk Single Shot Rifle
``Cooper Arms Model 36S Sporter Rifle
``Dakota 22 Sporter Bolt-Action Rifle
``Krico Model 300 Bolt-Action Rifles
``Lakefield Arms Mark II Bolt-Action Rifle
``Lakefield Arms Mark I Bolt-Action Rifle
``Magtech Model MT-22C Bolt-Action Rifle
``Marlin Model 880 Bolt-Action Rifle
``Marlin Model 881 Bolt-Action Rifle
``Marlin Model 882 Bolt-Action Rifle
``Marlin Model 883 Bolt-Action Rifle
``Marlin Model 883SS Bolt-Action Rifle
``Marlin Model 25MN Bolt-Action Rifle
``Marlin Model 25N Bolt-Action Repeater
``Marlin Model 15YN `Little Buckaroo'
``Mauser Model 107 Bolt-Action Rifle
``Mauser Model 201 Bolt-Action Rifle
``Navy Arms TU-KKW Training Rifle
``Navy Arms TU-33/40 Carbine
``Navy Arms TU-KKW Sniper Trainer
``Norinco JW-27 Bolt-Action Rifle
``Norinco JW-15 Bolt-Action Rifle
``Remington 541-T
``Remington 40-XR Rimfire Custom Sporter
``Remington 541-T HB Bolt-Action Rifle
``Remington 581-S Sportsman Rifle
``Ruger 77/22 Rimfire Bolt-Action Rifle
``Ruger K77/22 Varmint Rifle
``Ultra Light Arms Model 20 RF Bolt-Action Rifle
``Winchester Model 52B Sporting Rifle
Anschutz 64-MS Left Silhouette
``Anschutz 1808D RT Super Match 54 Target
``Anschutz 1827B Biathlon Rifle
``Anschutz 1903D Match Rifle
``Anschutz 1803D Intermediate Match
``Anschutz 1911 Match Rifle
``Anschutz 54.18MS REP Deluxe Silhouette Rifle
``Anschutz 1913 Super Match Rifle
``Anschutz 1907 Match Rifle
``Anschutz 1910 Super Match II
``Anschutz 54.18MS Silhouette Rifle
``Anschutz Super Match 54 Target Model 2013
``Anschutz Super Match 54 Target Model 2007
``Beeman/Feinwerkbau 2600 Target Rifle
``Cooper Arms Model TRP-1 ISU Standard Rifle
``E.A.A./Weihrauch HW 60 Target Rifle
``E.A.A./HW 660 Match Rifle
``Finnish Lion Standard Target Rifle
``Krico Model 360 S2 Biathlon Rifle
``Krico Model 400 Match Rifle
``Krico Model 360S Biathlon Rifle
``Krico Model 500 Kricotronic Match Rifle
``Krico Model 600 Sniper Rifle
``Krico Model 600 Match Rifle
``Lakefield Arms Model 90B Target Rifle
``Lakefield Arms Model 91T Target Rifle
``Lakefield Arms Model 92S Silhouette Rifle
``Marlin Model 2000 Target Rifle
``Mauser Model 86-SR Specialty Rifle
``McMillan M-86 Sniper Rifle
``McMillan Combo M-87/M-88 50-Caliber Rifle
``McMillan 300 Phoenix Long Range Rifle
``McMillan M-89 Sniper Rifle
``McMillan National Match Rifle
``McMillan Long Range Rifle
``Parker-Hale M-87 Target Rifle
``Parker-Hale M-85 Sniper Rifle
``Remington 40-XB Rangemaster Target Centerfire
``Remington 40-XR KS Rimfire Position Rifle
``Remington 40-XBBR KS
``Remington 40-XC KS National Match Course Rifle
``Sako TRG-21 Bolt-Action Rifle
``Steyr-Mannlicher Match SPG-UIT Rifle
``Steyr-Mannlicher SSG P-I Rifle
``Steyr-Mannlicher SSG P-III Rifle
``Steyr-Mannlicher SSG P-IV Rifle
``Tanner Standard UIT Rifle
``Tanner 50 Meter Free Rifle
``Tanner 300 Meter Free Rifle
``Wichita Silhouette Rifle
American Arms/Franchi Black Magic 48/AL
``Benelli Super Black Eagle Shotgun
``Benelli Super Black Eagle Slug Gun
``Benelli M1 Super 90 Field Auto Shotgun
``Benelli Montefeltro Super 90 20-Gauge Shotgun
``Benelli Montefeltro Super 90 Shotgun
``Benelli M1 Sporting Special Auto Shotgun
``Benelli Black Eagle Competition Auto Shotgun
``Beretta A-303 Auto Shotgun
``Beretta 390 Field Auto Shotgun
``Beretta 390 Super Trap, Super Skeet Shotguns
``Beretta Vittoria Auto Shotgun
``Beretta Model 1201F Auto Shotgun
``Browning BSA 10 Auto Shotgun
``Browning BSA 10 Stalker Auto Shotgun
``Browning A-500R Auto Shotgun
``Browning A-500G Auto Shotgun
``Browning A-500G Sporting Clays
``Browning Auto-5 Light 12 and 20
``Browning Auto-5 Stalker
``Browning Auto-5 Magnum 20
``Browning Auto-5 Magnum 12
``Churchill Turkey Automatic Shotgun
``Cosmi Automatic Shotgun
``Maverick Model 60 Auto Shotgun
``Mossberg Model 5500 Shotgun
``Mossberg Model 9200 Regal Semi-Auto Shotgun
``Mossberg Model 9200 USST Auto Shotgun
``Mossberg Model 9200 Camo Shotgun
``Mossberg Model 6000 Auto Shotgun
``Remington Model 1100 Shotgun
``Remington 11-87 Premier Shotgun
``Remington 11-87 Sporting Clays
``Remington 11-87 Premier Skeet
``Remington 11-87 Premier Trap
``Remington 11-87 Special Purpose Magnum
``Remington 11-87 SPS-T Camo Auto Shotgun
``Remington 11-87 Special Purpose Deer Gun
``Remington 11-87 SPS-BG-Camo Deer/Turkey Shotgun
``Remington 11-87 SPS-Deer Shotgun
``Remington 11-87 Special Purpose Synthetic Camo
``Remington SP-10 Magnum-Camo Auto Shotgun
``Remington SP-10 Magnum Auto Shotgun
``Remington SP-10 Magnum Turkey Combo
``Remington 1100 LT-20 Auto
``Remington 1100 Special Field
``Remington 1100 20-Gauge Deer Gun
``Remington 1100 LT-20 Tournament Skeet
``Winchester Model 1400 Semi-Auto Shotgun
Browning Model 42 Pump Shotgun
``Browning BPS Pump Shotgun
``Browning BPS Stalker Pump Shotgun
``Browning BPS Pigeon Grade Pump Shotgun
``Browning BPS Pump Shotgun (Ladies and Youth Model)
``Browning BPS Game Gun Turkey Special
``Browning BPS Game Gun Deer Special
``Ithaca Model 87 Supreme Pump Shotgun
``Ithaca Model 87 Deerslayer Shotgun
``Ithaca Deerslayer II Rifled Shotgun
``Ithaca Model 87 Turkey Gun
``Ithaca Model 87 Deluxe Pump Shotgun
``Magtech Model 586-VR Pump Shotgun
``Maverick Models 88, 91 Pump Shotguns
``Mossberg Model 500 Sporting Pump
``Mossberg Model 500 Camo Pump
``Mossberg Model 500 Muzzleloader Combo
``Mossberg Model 500 Trophy Slugster
``Mossberg Turkey Model 500 Pump
``Mossberg Model 500 Bantam Pump
``Mossberg Field Grade Model 835 Pump Shotgun
``Mossberg Model 835 Regal Ulti-Mag Pump
``Remington 870 Wingmaster
``Remington 870 Special Purpose Deer Gun
``Remington 870 SPS-BG-Camo Deer/Turkey Shotgun
``Remington 870 SPS-Deer Shotgun
``Remington 870 Marine Magnum
``Remington 870 TC Trap
``Remington 870 Special Purpose Synthetic Camo
``Remington 870 Wingmaster Small Gauges
``Remington 870 Express Rifle Sighted Deer Gun
``Remington 870 SPS Special Purpose Magnum
``Remington 870 SPS-T Camo Pump Shotgun
``Remington 870 Special Field
``Remington 870 Express Turkey
``Remington 870 High Grades
``Remington 870 Express
``Remington Model 870 Express Youth Gun
``Winchester Model 12 Pump Shotgun
``Winchester Model 42 High Grade Shotgun
``Winchester Model 1300 Walnut Pump
``Winchester Model 1300 Slug Hunter Deer Gun
``Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun
``Winchester Model 1300 Turkey Gun
``Winchester Model 1300 Ranger Pump Gun
American Arms/Franchi Falconet 2000 O/U
``American Arms Silver I O/U
``American Arms Silver II Shotgun
``American Arms Silver Skeet O/U
``American Arms/Franchi Sporting 2000 O/U
``American Arms Silver Sporting O/U
``American Arms Silver Trap O/U
``American Arms WS/OU 12, TS/OU 12 Shotguns
``American Arms WT/OU 10 Shotgun
``Armsport 2700 O/U Goose Gun
``Armsport 2700 Series O/U
``Armsport 2900 Tri-Barrel Shotgun
``Baby Bretton Over/Under Shotgun
``Beretta Model 686 Ultralight O/U
``Beretta ASE 90 Competition O/U Shotgun
``Beretta Over/Under Field Shotguns
``Beretta Onyx Hunter Sport O/U Shotgun
``Beretta Model SO5, SO6, SO9 Shotguns
``Beretta Sporting Clay Shotguns
``Beretta 687EL Sporting O/U
``Beretta 682 Super Sporting O/U
``Beretta Series 682 Competition Over/Unders
``Browning Citori O/U Shotgun
``Browning Superlight Citori Over/Under
``Browning Lightning Sporting Clays
``Browning Micro Citori Lightning
``Browning Citori Plus Trap Combo
``Browning Citori Plus Trap Gun
``Browning Citori O/U Skeet Models
``Browning Citori O/U Trap Models
``Browning Special Sporting Clays
``Browning Citori GTI Sporting Clays
``Browning 325 Sporting Clays
``Centurion Over/Under Shotgun
``Chapuis Over/Under Shotgun
``Connecticut Valley Classics Classic Sporter O/U
``Connecticut Valley Classics Classic Field Waterfowler
``Charles Daly Field Grade O/U
``Charles Daly Lux Over/Under
``E.A.A./Sabatti Sporting Clays Pro-Gold O/U
``E.A.A./Sabatti Falcon-Mon Over/Under
``Kassnar Grade I O/U Shotgun
``Krieghoff K-80 Sporting Clays O/U
``Krieghoff K-80 Skeet Shotgun
``Krieghoff K-80 International Skeet
``Krieghoff K-80 Four-Barrel Skeet Set
``Krieghoff K-80/RT Shotguns
``Krieghoff K-80 O/U Trap Shotgun
``Laurona Silhouette 300 Sporting Clays
``Laurona Silhouette 300 Trap
``Laurona Super Model Over/Unders
``Ljutic LM-6 Deluxe O/U Shotgun
``Marocchi Conquista Over/Under Shotgun
``Marocchi Avanza O/U Shotgun
``Merkel Model 200E O/U Shotgun
``Merkel Model 200E Skeet, Trap Over/Unders
``Merkel Model 203E, 303E Over/Under Shotguns
``Perazzi Mirage Special Sporting O/U
``Perazzi Mirage Special Four-Gauge Skeet
``Perazzi Sporting Classic O/U
``Perazzi MX7 Over/Under Shotguns
``Perazzi Mirage Special Skeet Over/Under
``Perazzi MX8/MX8 Special Trap, Skeet
``Perazzi MX8/20 Over/Under Shotgun
``Perazzi MX9 Single Over/Under Shotguns
``Perazzi MX12 Hunting Over/Under
``Perazzi MX28, MX410 Game O/U Shotguns
``Perazzi MX20 Hunting Over/Under
``Piotti Boss Over/Under Shotgun
``Remington Peerless Over/Under Shotgun
``Ruger Red Label O/U Shotgun
``Ruger Sporting Clays O/U Shotgun
``San Marco 12-Ga. Wildflower Shotgun
``San Marco Field Special O/U Shotgun
``San Marco 10-Ga. O/U Shotgun
``SKB Model 505 Deluxe Over/Under Shotgun
``SKB Model 685 Over/Under Shotgun
``SKB Model 885 Over/Under Trap, Skeet, Sporting Clays
``Stoeger/IGA Condor I O/U Shotgun
``Stoeger/IGA ERA 2000 Over/Under Shotgun
``Techni-Mec Model 610 Over/Under
``Tikka Model 412S Field Grade Over/Under
``Weatherby Athena Grade IV O/U Shotguns
``Weatherby Athena Grade V Classic Field O/U
``Weatherby Orion O/U Shotguns
``Weatherby II, III Classic Field O/Us
``Weatherby Orion II Classic Sporting Clays O/U
``Weatherby Orion II Sporting Clays O/U
``Winchester Model 1001 O/U Shotgun
``Winchester Model 1001 Sporting Clays O/U
``Pietro Zanoletti Model 2000 Field O/U
American Arms Brittany Shotgun
``American Arms Gentry Double Shotgun
``American Arms Derby Side-by-Side
``American Arms Grulla #2 Double Shotgun
``American Arms WS/SS 10
``American Arms TS/SS 10 Double Shotgun
``American Arms TS/SS 12 Side-by-Side
``Arrieta Sidelock Double Shotguns
``Armsport 1050 Series Double Shotguns
``Arizaga Model 31 Double Shotgun
``AYA Boxlock Shotguns
``AYA Sidelock Double Shotguns
``Beretta Model 452 Sidelock Shotgun
``Beretta Side-by-Side Field Shotguns
``Crucelegui Hermanos Model 150 Double
``Chapuis Side-by-Side Shotgun
``E.A.A./Sabatti Saba-Mon Double Shotgun
``Charles Daly Model Dss Double
``Ferlib Model F VII Double Shotgun
``Auguste Francotte Boxlock Shotgun
``Auguste Francotte Sidelock Shotgun
``Garbi Model 100 Double
``Garbi Model 101 Side-by-Side
``Garbi Model 103A, B Side-by-Side
``Garbi Model 200 Side-by-Side
``Bill Hanus Birdgun Doubles
``Hatfield Uplander Shotgun
``Merkel Model 8, 47E Side-by-Side Shotguns
``Merkel Model 47LSC Sporting Clays Double
``Merkel Model 47S, 147S Side-by-Sides
``Parker Reproductions Side-by-Side
``Piotti King No. 1 Side-by-Side
``Piotti Lunik Side-by-Side
``Piotti King Extra Side-by-Side
``Piotti Piuma Side-by-Side
``Precision Sports Model 600 Series Doubles
``Rizzini Boxlock Side-by-Side
``Rizzini Sidelock Side-by-Side
``Stoeger/IGA Uplander Side-by-Side Shotgun
``Ugartechea 10-Ga. Magnum Shotgun
Armsport Single Barrel Shotgun
``Browning BT-99 Competition Trap Special
``Browning BT-99 Plus Trap Gun
``Browning BT-99 Plus Micro
``Browning Recoilless Trap Shotgun
``Browning Micro Recoilless Trap Shotgun
``Desert Industries Big Twenty Shotgun
``Harrington & Richardson Topper Model 098
``Harrington & Richardson Topper Classic Youth Shotgun
``Harrington & Richardson N.W.T.F. Turkey Mag
``Harrington & Richardson Topper Deluxe Model 098
``Krieghoff KS-5 Trap Gun
``Krieghoff KS-5 Special
``Krieghoff K-80 Single Barrel Trap Gun
``Ljutic Mono Gun Single Barrel
``Ljutic LTX Super Deluxe Mono Gun
``Ljutic Recoilless Space Gun Shotgun
``Marlin Model 55 Goose Gun Bolt Action
``New England Firearms Turkey and Goose Gun
``New England Firearms N.W.T.F. Shotgun
``New England Firearms Tracker Slug Gun
``New England Firearms Standard Pardner
``New England Firearms Survival Gun
``Perazzi TM1 Special Single Trap
``Remington 90-T Super Single Shotgun
``Snake Charmer II Shotgun
``Stoeger/IGA Reuna Single Barrel Shotgun
``Thompson/Center TCR '87 Hunter Shotgun.''.
TITLE VII--TECHNOLOGY AND CRIMES
Subtitle A--Forensics Grants Improvement Act of 2007
SEC. 7101. SHORT TITLE.
This subtitle may be cited as the ``Forensics Grants Improvement
Act of 2007''.
SEC. 7102. AUTHORIZATION.
Section 1001(a)(24) of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3793(a)(24)) is amended by striking
subparagraphs (A) through (I) and inserting the following:
``(A) $150,000,000 for fiscal year 2008;
``(B) $150,000,000 for fiscal year 2009;
``(C) $150,000,000 for fiscal year 2010;
``(D) $150,000,000 for fiscal year 2011; and
``(E) $150,000,000 for fiscal year 2012.''.
SEC. 7103. ELIMINATION OF BACKLOG.
(a) In General.--Section 2804(e) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797m(e)) is amended by striking
paragraph (2) and inserting the following:
``(2) has not been subjected to all appropriate forensic
testing 90 days after the date such evidence was received.''.
(b) Applications.--Section 2802(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797k(a)) is amended by striking
paragraph (1) and inserting the following:
``(1) a certification that the State or unit of local
government has developed a plan for forensic science
laboratories under a program described in section 2804(a), and
a specific description of the manner in which--
``(A) the grant will be used to carry out that
plan; and
``(B) that State or unit of local government will,
not later than 5 years after the date of receiving that
grant, eliminate any backlog in the analysis of
forensic science evidence, as described in section
2804(e);''.
SEC. 7104. ALLOCATION.
(a) In General.--Section 2803(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797l(a)) is amended by striking
paragraph (1) and inserting the following:
``(1) Crime ratio allocation.--Seventy-five percent of the
amount made available to carry out this part in each fiscal
year shall be for grants to States and units of local
government, distributed by--
``(A) allocating an amount for each State that
bears the same ratio to the 75 percent of the amount
made available to carry out this part for that fiscal
year as the annual number of murder, rape, sexual
assault, and kidnapping crimes reported by that State
to the Federal Bureau of Investigation bears to the
number of such crimes reported by all States to the
Federal Bureau of Investigation for the most recent
year for which such data is available; and
``(B) from the amount allocated to each State under
subparagraph (A), the Attorney General shall distribute
grant amounts, and establish appropriate grant
conditions under this section, under 1 or more formulas
that are designed to distribute funds among eligible
units of State and local government in a manner that
maximizes the effective use of forensic technology to
solve crimes and protect public safety.''.
(b) Conforming Amendment.--Section 2802 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797k) 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 ``; and''; and
(3) by adding at the end the following:
``(5) such information as the Attorney General may
reasonably determine necessary to allocate funds under section
2803(a)(1).''.
SEC. 7105. USE OF FUNDS FOR OTHER FORENSIC SCIENCES.
(a) Findings.--Congress finds that--
(1) the Attorney General is authorized to make grants to
``alleviate a backlog of cases with respect to a forensic
science other than DNA analysis'' under section 2(l) of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(l));
(2) numerous crime labs and medical examiners offices have
received more funding under grants under that section than such
labs and offices need to perform DNA analysis authorized under
that section; and
(3) the Attorney General has not made grants to alleviate
the backlog of cases involving other forensic sciences.
(b) Plan.--
(1) In general.--The Attorney General shall develop and
implement a plan for making grants under section 2(l) of the
DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135(l)) for forensic science other than DNA analysis in a
timely manner.
(2) Report.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report
regarding the plan developed under paragraph (1).
Subtitle B--Grant Program for Export of FBI DNA Software
SEC. 7201. PROGRAM.
(a) In General.--The Attorney General shall establish a program
(referred to in this subtitle as the ``program'') to advocate the
benefits of the Combined DNA Index System software systems (referred to
in this subtitle as the ``CODIS'') and forensic DNA programs to foreign
governments.
(b) Details.--The program shall include--
(1) developing data and materials;
(2) visiting foreign governments;
(3) arranging for foreign officials to visit the United
States;
(4) advocating for establishment of DNA programs capable of
sharing with the United States; and
(5) offering free services to foreign governments,
including assistance in policy development, program
development, training of personnel, and CODIS software
installation.
SEC. 7202. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$4,000,000 for each of the fiscal years 2008 through 2012.
Subtitle C--Cyber Security Act of 2007
SEC. 7301. SHORT TITLE.
This subtitle may be cited as the ``Cyber Security Act of 2007''.
SEC. 7302. CONSPIRACY TO COMMIT CYBER CRIMES.
Section 1030 of title 18, United States Code, is amended--
(1) in subsection (a)(5)(B), by inserting ``or a conspiracy
to commit an offense,'' after ``offense,''; and
(2) in subsection (b), by inserting ``conspires to commit
or'' after ``Whoever''.
SEC. 7303. FIXING LOOPHOLES WITH CYBER EXTORTION.
Section 1030(a)(7) of title 18, United States Code, is amended to
read as follows:
``(7) with intent to extort from any person any money or
other thing of value, transmits in interstate or foreign
commerce any communication containing any--
``(A) threat to cause damage to a protected
computer;
``(B) threat to obtain information or impair the
confidentiality of information obtained from a
protected computer without authorized access or by
exceeding authorized access; or
``(C) demand or request for money or other thing of
value in relation to damage to a protected computer,
where such damage was caused to facilitate the
extortion;''.
SEC. 7304. DAMAGE TO PROTECTED COMPUTERS.
(a) In General.--Section 1030(a)(5)(B) of title 18, United States
Code, is amended--
(1) in clause (iv), by striking ``or'' at the end;
(2) in clause (v), by inserting ``or'' at the end; and
(3) by adding at the end the following:
``(vi) damage affecting 10 or more
protected computers during any 1-year
period;''.
(b) Terrorism.--Section 2332b(g)(5)(B)(i) of title 18, United
States Code, is amended by striking ``1030(a)(5)(A)(ii) through (v)
(relating to protection of computers)'' and inserting
``1030(a)(5)(A)(ii) through (vi) (relating to the protection of
computers)''.
SEC. 7305. RICO PREDICATES.
Section 1961(1)(B) of title 18, United States Code, is amended by
inserting ``section 1030 (relating to fraud and related activity in
connection with computers),'' before ``section 1084,''.
SEC. 7306. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR
CRIMINAL PENALTIES.
(a) Elimination of Requirement of an Interstate or Foreign
Communication for Certain Offenses Involving Protected Computers.--
Section 1030(a)(2)(C) of title 18, United States Code, is amended by
striking ``if the conduct involved an interstate or foreign
communication''.
(b) Broadening of Scope.--Section 1030(e)(2)(B) of title 18, United
States Code, is amended by inserting ``or affecting'' after ``which is
used in''.
SEC. 7307. CIVIL FORFEITURE FOR SECTION 1030 VIOLATIONS.
Section 1030 of title 18, United States Code, is amended by adding
at the end the following:
``(i) Forfeiture.--
``(1) Civil.--
``(A) In general.--The court, in imposing sentence
for an offense under this section, shall, in addition
to any other sentence imposed and irrespective of any
provision of State law, order that the person forfeit
to the United States--
``(i) the person's interest in any personal
property that was used or intended to be used
to commit or to facilitate the commission of
such violation; and
``(ii) any property, real or personal,
constituting or derived from, any proceeds the
person obtained, directly or indirectly, as a
result of such violation.
``(B) Applicable procedures.--Seizures and
forfeitures under this paragraph shall be governed by
the provisions of chapter 46 of title 18, United States
Code, relating to civil forfeitures, except that such
duties as are imposed on the Secretary of the Treasury
under the customs laws described in section 981(d) of
title 18 shall be performed by such officers, agents
and other persons as may be designated for that purpose
by the Secretary of Homeland Security.
``(2) Criminal.--Pursuant to section 2461(c) of title 28,
United States Code, the criminal forfeiture of property under
this section, any seizure and disposition thereof, and any
administrative or judicial proceeding in relation thereto,
shall be governed by the provisions of section 413 of the
Comprehensive Drug Abuse and Prevention Control Act of 1970 (21
U.S.C. 853), except subsection (d) of that section.
``(3) Property subject to forfeiture.--Any real or personal
property of a violator of this section or a person acting in
concert with such a violator that is used to commit or
facilitate the commission of a violation of this section, the
gross proceeds of such violation, and any property traceable to
such property or proceeds, shall be subject to forfeiture.''.
SEC. 7308. DIRECTIVE TO SENTENCING COMMISSION.
(a) Directive.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review its guidelines and
policy statements applicable to persons convicted of offenses under
sections 1028, 1028A, 1030, 2511, and 2701 of title 18, United States
Code and any other relevant provisions of law, in order to reflect the
intent of Congress that such penalties be increased in comparison to
those currently provided by such guidelines and policy statements.
(b) Requirements.--In determining its guidelines and policy
statements on the appropriate sentence for the crimes enumerated in
subsection (a), the Commission shall consider the extent to which the
guidelines and policy statements may or may not account for the
following factors in order to create an effective deterrent to computer
crime and the theft or misuse of personally identifiable data:
(1) The level of sophistication and planning involved in
such offense.
(2) Whether such offense was committed for the purpose of
commercial advantage or private financial benefit.
(3) The potential and actual loss resulting from the
offense including--
(A) the value of information obtained from a
protected computer, regardless of whether the owner was
deprived of use of the information; and
(B) where the information obtained constitutes a
trade secret or other proprietary information, the cost
the victim incurred developing or compiling the
information.
(4) Whether the defendant acted with intent to cause either
physical or property harm in committing the offense.
(5) The extent to which the offense violated the privacy
rights of individuals.
(6) The effect of the offense upon the operations of an
agency of the United States Government, or of a State or local
government.
(7) Whether the offense involved a computer used by the
United States Government, a State, or a local government in
furtherance of national defense, national security, or the
administration of justice.
(8) Whether the offense was intended to, or had the effect
of significantly interfering with or disrupting a critical
infrastructure.
(9) Whether the offense was intended to, or had the effect
of creating a threat to public health or safety, causing injury
to any person, or causing death.
(10) Whether the defendant purposefully involved a juvenile
in the commission of the offense.
(11) Whether the defendant's intent to cause damage or
intent to obtain personal information should be disaggregated
and considered separately from the other factors set forth in
USSG 2B1.1(b)(14).
(12) Whether the term ``victim,'' as used in USSG 2B1.1,
should include individuals whose privacy was violated as a
result of the offense in addition to individuals who suffered
monetary harm as a result of the offense.
(13) Whether the defendant disclosed personal information
obtained during the commission of the offense.
(c) Additional Requirements.--In carrying out this section, the
Commission shall--
(1) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(2) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(3) make any conforming changes to the sentencing
guidelines; and
(4) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
SEC. 7309. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND
PROSECUTE CRIMINAL ACTIVITY INVOLVING COMPUTERS.
(a) Additional Funding for Resources.--In addition to amounts
otherwise authorized for resources to investigate and prosecute
criminal activity involving computers, there are authorized to be
appropriated for each of the fiscal years 2008 through 2012--
(1) $10,000,000 to the Director of the United States Secret
Service and $10,000,000 to the Director of the Federal Bureau
of Investigation to hire and train law enforcement officers to
investigate crimes committed through the use of computers and
other information technology, including through the use of the
Internet, and assist in the prosecution of such crimes and
procure advanced tools of forensic science to investigate and
study such crimes; and
(2) $10,000,000 to the Attorney General for the prosecution
of such crimes.
(b) Availability.--Any amounts appropriated under subsection (a)
shall remain available until expended.
Subtitle D--Protecting Electronic Voting Act of 2007
SEC. 7401. SHORT TITLE.
This subtitle may be cited as the ``Protecting Electronic Voting
Act of 2007''.
SEC. 7402. FINDINGS.
Congress makes the following findings:
(1) The right to vote, and to have one's voted accurately
counted, is a fundamental Constitutional right.
(2) Voting precincts across the nation are increasingly
allowing voters to cast their ballots electronically utilizing
stand alone or networked computers.
(3) The law should recognize and adequately deter the risk
that an individual might gain unauthorized access to a computer
owned or operated by a candidate for public office for the
purpose of providing information about his candidacy or a
computer involved in electronic voting and thereby obtain,
alter, or render unavailable information associated with an
election.
SEC. 7403. PROTECTING COMPUTERS USED BY CANDIDATES FOR FEDERAL OFFICE
AND POLITICAL PARTIES.
(a) In General.--Subparagraph (B) of section 1030(a)(5) of title
18, United States Code, as amended by section 7304, is amended--
(1) by striking ``or'' at the end of clause (v);
(2) by inserting ``or'' at the end of clause (vi); and
(3) by adding at the end the following new clause:
``(vii) damage affecting a computer system
used by or for a candidate for Federal, State,
or local office (or a candidate for nomination
to such an office), or by or for a national,
State, district, or local committee of a
political party, in connection with the
election of such candidate;''.
(b) Increased Penalty.--Subparagraph (B) of section 1030(c)(2) of
title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (ii);
(2) by striking ``and'' at the end of clause (iii) and
inserting ``or''; and
(3) by adding at the end the following clause:
``(iv) the computer involved was a computer
used by or for a candidate for Federal, State,
or local office (or a candidate for nomination
to such an office), or by or for a national,
State, district, or local committee of a
political party, in connection with the
election of such candidate; and''.
SEC. 7404. PROTECTING COMPUTERS USED IN ADMINISTERING ELECTIONS.
(a) In General.--
(1) In general.--Paragraph (2) of section 1030(e) of title
18, United States Code, is amended--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by inserting ``or'' at the end of subparagraph
(B); and
(C) by adding at the end the following new
subparagraph:
``(C) used in the administration of an election for
Federal, State, or local office or an election for
nomination to such an office;''.
(2) Conforming amendments.--Subparagraph (B) of section
1030(a)(5) of title 18, United States Code, as amended by
section 7403, is amended--
(A) by striking ``or'' at the end of clause (vi);
(B) by inserting ``or'' at the end of clause (vii);
and
(C) by adding at the end the following new clause:
``(vii) damage affecting a computer system
used in administering an election for Federal,
State or local office or an election for
nomination to such an office;''.
(b) Increased Penalty.--Subparagraph (B) of section 1030(c)(2) of
title 18, United States Code, as amended by section 7403, is amended--
(1) by striking ``or'' at the end of subparagraph (iii);
(2) by striking ``and'' at the end of clause (iv) and
inserting ``or''; and
(3) by adding at the end the following clause:
``(v) the computer involved was a computer
used in the administration of an election for
Federal, State, or local office or an election
for nomination to such an office; and''.
TITLE VIII--INTELLECTUAL PROPERTY
SEC. 8001. SHORT TITLE.
This title may be cited as the ``Intellectual Property Protection
Act of 2007''.
SEC. 8002. REGISTRATION IN CIVIL INFRINGEMENT ACTIONS.
Section 411 of title 17, United States Code, is amended--
(1) in the section heading, by inserting ``civil'' before
``infringement'';
(2) in subsection (a), in the second sentence, by striking
``an action'' and inserting ``a civil action''; and
(3) in subsection (b), by striking ``506 and sections 509
and'' and inserting ``505 and section''.
SEC. 8003. CIVIL REMEDIES FOR INFRINGEMENT.
Section 503(a) of title 17, United States Code, is amended by
striking the period and inserting ``and of all records documenting the
manufacture, sale, or receipt of any items involved in such violation.
The court shall enter an appropriate protective order with respect to
discovery by the applicant of any records that have been seized. The
protective order shall provide for appropriate procedures to assure
that confidential information contained in such records is not
improperly disclosed to the applicant.''.
SEC. 8004. CRIMINAL INFRINGEMENT.
(a) In General.--Section 506(a)(1) of title 17, United States Code,
is amended--
(1) by inserting ``or attempts to infringe'' before ``a
copyright'';
(2) by striking ``, if the infringement was committed''
after ``title 18'';
(3) by striking subparagraph (A) and inserting the
following:
``(A) if the infringement was committed or
attempted for purposes of commercial advantage or
private financial gain;''.
(4) in subparagraph (B), by striking ``by the reproduction
or distribution'' and inserting ``if the infringement was
committed or attempted by the reproduction or distribution'';
and
(5) in subparagraph (C), by inserting ``if the infringement
was committed'' before ``by the distribution of''.
(b) Forfeiture and Destruction; Restitution.--Section 506(b) of
title 17, United States Code, is amended to read as follows:
``(b) Forfeiture and Destruction; Restitution.--
``(1) Forfeiture.--The following property is subject to
forfeiture to the United States Government:
``(A) Any copies or phonorecords manufactured,
reproduced, distributed, sold, or otherwise used,
intended for use, or possessed with intent to use in
violation of subsection (a).
``(B) Any property constituted or derived from any
proceeds obtained, directly or indirectly, as a result
of a violation of subsection (a).
``(C) Any property used, or intended to be used, in
any manner or part, to commit or facilitate the
commission of a violation of subsection (a), including
any plates, molds, matrices, masters, tapes, film
negatives, or other articles by means of which the
copies or phonorecords described in subparagraph (A)
may be reproduced, and any electronic, mechanical, or
other devices for manufacturing, reproducing, or
assembling such copies or phonorecords.
``(2) Forfeiture proceedings.--The provisions of chapter 46
of title 18 relating to civil forfeitures shall extend to any
seizure or civil forfeiture under this section. At the
conclusion of the forfeiture proceedings, the court shall order
that any forfeited infringing copies or phonorecords, as well
as any plates, molds, matrices, masters, tapes, and film
negatives by means of which such unauthorized copies or
phonorecords may be made, be destroyed or otherwise disposed of
according to law.
``(3) Other punishment.--
``(A) In general.--The court, in imposing sentence
on a person convicted of an offense under this section,
shall order, in addition to any other sentence imposed,
that the person forfeit to the United States
Government--
``(i) any infringing copies or phonorecords
manufactured, reproduced, distributed, sold, or
otherwise used, intended for use, or possessed
with intent to use in violation of subsection
(a);
``(ii) any property constituted or derived
from any proceeds obtained, directly or
indirectly, as the result of the offense; and
``(iii) any property used, or intended to
be used, in any manner or part, to commit or
facilitate the commission of a violation of
subsection (a), including any plates, molds,
matrices, masters, tapes, film negatives, or
other articles by means of which the copies or
phonorecords described in subparagraph (A) may
be reproduced, and any electronic, mechanical,
or other devices for manufacturing,
reproducing, or assembling such copies or
phonorecords.
``(B) Procedures.--The forfeiture of property under
subparagraph (A), including any seizure and disposition
of the property and any related judicial or
administrative proceeding, shall be governed by the
procedures set forth in section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853), other than subsection (d) of that
section. At the conclusion of the forfeiture
proceedings, the court shall order that any forfeited
infringing copies or phonorecords, as well as any
plates, molds, matrices, masters, tapes, and film
negatives by means of which such infringing copies or
phonorecords may be made, be destroyed or otherwise
disposed of according to law.
``(4) Restitution.--When a person is convicted of an
offense under this section, the court, pursuant to sections
3556, 3663A, and 3664 of title 18, shall order the person to
pay restitution to the copyright owner and any other victim of
the offense as an offense against property referred to in
section 3663A(c)(I)(A)(ii) of such title.''.
(c) Repeal.--
(1) In general.--Section 509 of title 17, United States
Code, is repealed.
(2) Technical and conforming amendment.--The table of
sections for chapter 5 of title 17, United States Code, is
amended by striking the item relating to section 509.
SEC. 8005. IMPORTATION AND EXPORTATION.
(a) In General.--The chapter heading for chapter 6 of title 17,
United States Code, is amended to read as follows:
``CHAPTER 6--MANUFACTURING REQUIREMENTS, IMPORTATION, AND
EXPORTATION''.
(b) Importation Without Authority of Copyright.--Section 602(a) of
title 17, United States Code, is amended--
(1) by striking ``Importation into'' and inserting the
following:
``(a) Importation Without Authority of Copyright.--
``(1) In general.--Importation into'';
(2) by striking ``This subsection does not apply to--'';
(3) by inserting after ``section 501.'' the following:
``(2) Exportation without authority of copyright.--
Importation into the United States or exportation from the
United States, without the authority of the owner of copyright
under this title, of copies or phonorecords, the making of
which either constituted an infringement of copyright or would
have constituted an infringement of copyright if this title had
been applicable, is an infringement of the exclusive right to
distribute copies or phonorecords under section 106, actionable
under sections 501 and 506.
``(3) Exceptions.--This subsection does not apply to--'';
(4) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(5) in paragraph (3)(A), as redesignated, by inserting ``or
exportation'' before ``of copies or'';
(6) in paragraph (3)(B), as redesignated--
(A) by inserting ``or exportation'' before the
first comma;
(B) by inserting ``or exporter'' before ``and not
for''; and
(C) by inserting ``or departing from the United
States'' before ``with respect to copies''.
(c) Technical and Conforming Amendment.--Section 602 of title 17,
United States Code, is amended in the section heading by inserting ``or
exportation'' before ``of copies or phonorecords''.
SEC. 8006. DIGITAL MILLENNIUM COPYRIGHT ACT.
Section 1204 of title 17, United States Code, is amended by
inserting at the end the following:
``(d) Forfeiture and Destruction; Restitution.--
``(1) Forfeiture.--The following property is subject to
forfeiture to the United States Government:
``(A) Any property constituted or derived from any
proceeds obtained, directly or indirectly, as a result
of a violation of subsection (a).
``(B) Any property used, or intended to be used, in
any manner or part, to commit or facilitate the
commission of a violation of subsection (a).
``(2) Forfeiture proceedings.--The provisions of chapter 46
of title 18 relating to civil forfeitures shall extend to any
seizure or civil forfeiture under this section. At the
conclusion of the forfeiture proceedings, the court shall order
that any property forfeited pursuant to paragraph (1)(B) be
destroyed or otherwise disposed of according to law.
``(3) Other punishment.--
``(A) In general.--The court, in imposing sentence
on a person convicted of an offense under this section,
shall order, in addition to any other sentence imposed,
that the person forfeit to the United States
Government--
``(i) any property constituting or derived
from any proceeds obtained, directly or
indirectly, as the result of the offense; and
``(ii) any property used, or intended to be
used, in any manner or part, to commit or
facilitate the commission of the offense.
``(B) Procedures.--The forfeiture of property under
subparagraph (A), including any seizure and disposition
of the property and any related judicial or
administrative proceeding, shall be governed by the
procedures set forth in section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853), other than subsection (d) of that
section. At the conclusion of the forfeiture
proceedings, the court shall order that any implement,
device, or equipment used in any manner or part to
commit or facilitate the commission of a violation of
subsection (a), be destroyed or otherwise disposed of
according to law.
``(4) Restitution.--When a person is convicted of an
offense under this section, the court, pursuant to sections
3556, 3663A, and 3664 of title 18, shall order the person to
pay restitution to any copyright owner whose rights under this
title were violated by the offense, as an offense against
property referred to in section 3663A(c)(1)(A)(ii) of such
title.''.
SEC. 8007. FORFEITURE UNDER ECONOMIC ESPIONAGE ACT.
Section 1834 of title 18, United States Code, is amended--
(1) by redesignating subsections (a) and (b) as subsections
(c) and (d), respectively;
(2) in subsection (d), as redesignated, by striking ``this
section'' and inserting ``subsection (c)'';
(3) by inserting before subsection (c) the following:
``(a) Forfeiture.--The following property is subject to forfeiture
to the United States Government:
``(1) Any property that consists of, or incorporates, any
trade secret that is the subject of a violation of this
chapter.
``(2) Any property constituted or derived from any proceeds
obtained, directly or indirectly, as a result of a violation of
this chapter.
``(3) Any property used, or intended to be used, in any
manner or part, to commit or to facilitate the commission of a
violation of this chapter.
``(b) Forfeiture Proceedings.--The provisions of chapter 46 of this
title relating to civil forfeitures shall extend to any seizure or
civil forfeiture under subsection (a).''; and
(4) by inserting at the end the following:
``(e) Restitution.--When a person is convicted of an offense under
this section, the court, pursuant to sections 3556, 3663A, and 3664,
shall order the person to pay restitution to the owner of the trade
secret and any other victim of the offense as an offense against
property referred to in section 3663A(c)(I)(A)(ii).''.
SEC. 8008. TRAFFICKING IN COUNTERFEIT LABELS.
Section 2318(d) of title 18, United States Code, is amended to read
as follows:
``(d) Forfeiture and Destruction; Restitution.--
``(1) Forfeiture.--The following property is subject to
forfeiture to the United States Government:
``(A) Any counterfeit documentation or packaging,
and any counterfeit label or illicit label and any
article to which a counterfeit label or illicit label
has been affixed, or which a counterfeit label or
illicit label encloses or accompanies, or which was
intended to have had such label affixed, enclosing, or
accompanying.
``(B) Any property constituted or derived from any
proceeds obtained, directly or indirectly, as a result
of a violation of subsection (a).
``(C) Any property used, or intended to be used, in
any manner or part, to commit or facilitate the
commission of a violation of subsection (a).
``(2) Forfeiture proceedings.--The provisions of chapter 46
of this title relating to civil forfeitures shall extend to any
seizure or civil forfeiture under paragraph (1). At the
conclusion of the forfeiture proceedings, the court shall order
that any forfeited counterfeit labels or illicit labels and any
article to which a counterfeit label or illicit label has been
affixed, or which a counterfeit label or illicit label encloses
or accompanies, or which was intended to have had such label
affixed, enclosing, or accompanying, be destroyed or otherwise
disposed of according to law.
``(3) Other punishment.--
``(A) In general.--The court, in imposing sentence
on a person convicted of an offense under this section,
shall order, in addition to any other sentence imposed,
that the person forfeit to the United States
Government--
``(i) any counterfeit documentation or
packaging, and any counterfeit label or illicit
label and any article to which a counterfeit
label or illicit label has been affixed, or
which a counterfeit label or illicit label
encloses or accompanies, or which was intended
to have had such label affixed, enclosing, or
accompanying;
``(ii) any property constituted or derived
from any proceeds obtained, directly or
indirectly, as the result of the offense; and
``(iii) any property used, or intended to
be used, in any manner or part, to commit or
facilitate the commission of the offense.
``(B) Procedures.--The forfeiture of property under
subparagraph (A), including any seizure and disposition
of the property and any related judicial or
administrative proceeding, shall be governed by the
procedures set forth in section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853), other than subsection (d) of that
section. At the conclusion of the forfeiture
proceedings, the court shall order that any counterfeit
label or illicit label and any article to which a
counterfeit label or illicit label has been affixed, or
which a counterfeit label or illicit label encloses or
accompanies, or which was intended to have had such
label affixed, enclosing, or accompanying, be destroyed
or otherwise disposed of according to law.
``(4) Restitution.--When a person is convicted of an
offense under this section, the court, pursuant to sections
3556, 3663A, and 3664, shall order the person to pay
restitution to the owner of the marks or copyrighted works
involved in the offense and any other victim of the offense as
an offense against property referred to in section
3663(A)(c)(1)(A)(ii).''.
SEC. 8009. CRIMINAL INFRINGEMENT OF A COPYRIGHT.
Section 2319 of title 18, United States Code, is amended--
(1) in subsection (b)(1), by inserting ``or was intended to
consist of'' before ``the reproduction'';
(2) in subsection (b)(2)--
(A) by inserting ``felony'' before ``offense''; and
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(3) in subsection (c)(1), by inserting ``or was intended to
consist of'' before ``the reproduction'';
(4) in subsection (c)(2)--
(A) by inserting ``felony'' before ``offense''; and
(B) by striking ``paragraph (1)'' and inserting
``subsection (a)'';
(5) in subsection (d)(3)--
(A) by inserting ``felony'' before ``offense''; and
(B) inserting ``under subsection (a)'' before the
semicolon; and
(6) in subsection (d)(4), by inserting ``felony'' before
``offense''.
SEC. 8010. UNAUTHORIZED FIXATION AND TRAFFICKING.
(a) In General.--Section 2319A of title 18, United States Code, is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(b) Forfeiture and Destruction.--Section 2319A(b) of title 18,
United States Code, is amended to read as follows:
``(b) Forfeiture and Destruction; Restitution.--
``(1) Forfeiture.--The following property is subject to
forfeiture to the United States Government:
``(A) Any unauthorized copies or phonorecords of a
live musical performance, as well as any plates, molds,
matrices, masters, tapes, and film negatives by means
of which such copies or phonorecords may be made.
``(B) Any property constituted or derived from any
proceeds obtained, directly or indirectly, as a result
of a violation of subsection (a).
``(C) Any property used or intended to be used, in
any manner or part, to commit or to facilitate the
commission of a violation of subsection (a).
``(2) Forfeiture proceedings.--The provisions of chapter 46
of this title relating to civil forfeitures shall extend to any
seizure or civil forfeiture under paragraph (1). At the
conclusion of the forfeiture proceedings, the court shall order
that any forfeited unauthorized copies or phonorecords of live
musical performances, as well as any plates, molds, matrices,
masters, tapes, and film negatives by means of which such
unauthorized copies or phonorecords may be made, be destroyed
or otherwise disposed of according to law.
``(3) Other punishment.--
``(A) In general.--The court, in imposing sentence
on a person convicted of an offense under this section,
shall order, in addition to any other sentence imposed,
that the person forfeit to the United States
Government--
``(i) all unauthorized copies or
phonorecords of live musical performances, as
well as any plates, molds, matrices, masters,
tapes, and film negatives by means of which
such unauthorized copies or phonorecords may be
made;
``(ii) any property constituting or derived
from any proceeds obtained, directly or
indirectly, as the result of the offense; and
``(iii) any property used, or intended to
be used, in any manner or part, to commit or
facilitate the commission of the offense.
``(B) Procedures.--The forfeiture of property under
subparagraph (A), including any seizure and disposition
of the property and any related judicial or
administrative proceeding, shall be governed by the
procedures set forth in section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853), other than subsection (d) of that
section. At the conclusion of the forfeiture
proceedings, the court shall order that any forfeited
unauthorized copies or phonorecords of live musical
performances, as well as any plates, molds, matrices,
masters, tapes, and film negatives by means of which
such unauthorized copies of phonorecords may be made,
be destroyed or otherwise disposed of according to law.
``(4) Notification of importation.--The Secretary of
Homeland Security shall issue regulations by which any
performer may, upon payment of a specified fee, be entitled to
notification by United States Customs and Border Protection of
the importation of copies or phonorecords that appear to
consist of unauthorized fixations of the sounds or sounds and
images of a live musical performance.
``(5) Restitution.--When a person is convicted of an
offense under this chapter, the court, pursuant to sections
3556, 3663A, and 3664, shall order the person to pay
restitution to the performer or performers, and any other
victim of the offense as an offense against property referred
to in section 3663A(c)(1)(A)(ii).''.
(c) Applicability.--Section 2319A(e) of title 18, United States
Code, as redesignated under subsection (a), is amended by inserting
before the period at the end the following: ``, except that the
criminal forfeiture provisions under subsection (b)(3) shall apply only
where the underlying act or acts occur on or after the effective date
of that subparagraph''.
SEC. 8011. UNAUTHORIZED RECORDING OF MOTION PICTURES.
Section 2319B(b) of title 18, United States Code, is amended to
read as follows:
``(b) Forfeiture and Destruction; Restitution.--
``(1) Forfeiture.--The following property is subject to
forfeiture to the United States Government:
``(A) Any unauthorized copies of a motion picture
or other audiovisual work protected under title 17, or
part thereof.
``(B) Any property constituted or derived from any
proceeds obtained, directly or indirectly, as a result
of a violation of subsection (a).
``(C) Any property used, or intended to be used, in
any manner or part, to commit or to facilitate the
commission of a violation of subsection (a).
``(2) Forfeiture proceedings.--The provisions of chapter 46
of this title relating to civil forfeitures shall extend to any
seizure or civil forfeiture under this section. At the
conclusion of the forfeiture proceedings, the court shall order
that any forfeited unauthorized copies or phonorecords of a
motion picture or other audiovisual work, or part thereof, as
well as any plates, molds, matrices, masters, tapes, and film
negatives by means of which such unauthorized copies or
phonorecords may be made, be destroyed or otherwise disposed of
according to law.
``(3) Other punishment.--
``(A) In general.--The court, in imposing sentence
on a person convicted of an offense under this section,
shall order, in addition to any other sentence imposed,
that the person forfeit to the United States
Government--
``(i) any unauthorized copies of motion
pictures or other audiovisual works protected
under title 17, or parts thereof;
``(ii) any property constituting or derived
from any proceeds obtained, directly or
indirectly, as a result of the offense; and
``(iii) any property used, or intended to
be used, in any manner or part, to commit or
facilitate the commission of the offense.
``(B) Procedures.--The forfeiture of property under
subparagraph (A), including any seizure and disposition
of the property and any related judicial or
administrative proceeding, shall be governed by the
procedures set forth in section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853), other than subsection (d) of that
section. At the conclusion of the forfeiture
proceedings, the court shall order that any forfeited
unauthorized copies or phonorecords of a motion picture
or other audiovisual work, or part thereof, as well as
any plates, molds, matrices, masters, tapes, and film
negatives by means of which such unauthorized copies or
phonorecords may be made, be destroyed or otherwise
disposed of according to law.
``(4) Restitution.--When a person is convicted of an
offense under this chapter, the court, pursuant to sections
3556, 3663A, and 3664, shall order the person to pay
restitution to the owner of the copyright in the motion picture
or other audiovisual work and any other victim of the offense
as an offense against property referred to in section
3663A(c)(1)(A)(ii).''.
SEC. 8012. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.
Section 2320 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``(a) Whoever'' and
inserting the following:
``(a) Offense.--
``(1) In general.--Whoever'';
(2) by adding at the end of subsection (a) the following:
``(2) Serious bodily harm or death.--
``(A) Bodily injury.--If the offender knowingly or
recklessly causes or attempts to cause serious bodily
injury from conduct in violation of paragraph (1), the
penalty shall be a fine under this title or
imprisonment for not more than 20 years, or both.
``(B) Death.--If the offender knowingly or
recklessly causes or attempts to cause death from
conduct in violation of paragraph (1), the penalty
shall be a fine under this title or imprisonment for
any term of years or for life, or both.''; and
(3) in subsection (b)(l)--
(A) by redesignating subparagraph (B) as
subparagraph (C); and
(B) by inserting after subparagraph (A) the
following:
``(B) any property constituted or derived from any
proceeds obtained, directly or indirectly, as a result
of a violation of subsection (a); and''.
SEC. 8013. INTERCEPTION OF WIRE, ORAL, OR ELECTRONIC COMMUNICATIONS.
Section 2516(1)(c) of title 18, United States Code, is amended by
striking ``sections 2312, 2313, 2314, and 2315 (interstate
transportation of stolen property,'' and inserting ``sections 2312,
2313, 2314, and 2315 (relating to interstate transportation of stolen
property), section 2319 (relating to criminal infringement of a
copyright), section 2320 (relating to trafficking in counterfeit goods
or services),''.
TITLE IX--CRIME VICTIMS
Subtitle A--Crime Victims With Disabilities Act of 2007
SEC. 9101. SHORT TITLE.
This subtitle may be cited as the ``Crime Victims with Disabilities
Act of 2007''.
SEC. 9102. FINDINGS.
Congress finds the following:
(1) Adults with disabilities experience violence or abuse
at least twice as often as people without disabilities, and
adults with developmental disabilities are at risk of being
physically or sexually assaulted at rates four to ten times
greater than other adults.
(2) Individuals with disabilities suffer from additional
``victimization'' within the justice system, due to lack of
physical, programmatic, and communications accommodations
needed for equal access.
(3) Women with disabilities are more likely to be
victimized, to experience more severe and prolonged violence,
and to suffer more serious and chronic effects from that
violence, than women without such disabilities.
(4) Sixty-eight to 83 percent of women with developmental
disabilities will be sexually assaulted in their lifetime.
(5) An estimated 5,000,000 crimes are committed against
individuals with developmental disabilities annually.
(6) Over 70 percent of crimes committed against individuals
with developmental disabilities are not reported.
(7) Studies in the United States, Canada, Australia, and
Great Britain consistently show that victims with developmental
disabilities suffer repeated victimization because so few of
the crimes against them are reported.
(8) The National Crime Victims Survey conducted annually by
the Bureau of Justice Statistics of the Department of Justice,
does not specifically collect data relating to crimes against
individuals with developmental disabilities, nor do they use
disability as a demographic variable as they use other
important demographic variables, such as gender, age, and
racial and ethnic membership.
SEC. 9103. PURPOSE.
(a) In General.--The purpose of this subtitle is to increase the
awareness, investigation, prosecution, and prevention of crimes against
individuals with a disability, including developmental disabilities,
and improve services to those who are victimized, by facilitating
collaboration among the criminal justice system and a range of agencies
and other organizations that provide services to individuals with
disabilities.
(b) Need for Collaboration.--Collaboration among the criminal
justice system and agencies and other organizations that provide
services to individuals with disabilities is needed to--
(1) protect individuals with disabilities by ensuring that
crimes are reported, and that reported crimes are actively
investigated by both law enforcement agencies and agencies and
other organizations that provide services to individuals with
disabilities;
(2) provide prosecutors and victim assistance organizations
with adequate training to ensure that crimes against
individuals with disabilities are appropriately and effectively
addressed in court;
(3) identify and ensure that appropriate reasonable
accommodations are provided to individuals with disabilities in
a safe and conducive environment, allowing crimes to be
reported accurately to law enforcement agencies; and
(4) promote communication among criminal justice agencies,
and agencies and other organizations that provide services to
individuals with disabilities, including Victim Assistance
Organizations, to ensure that the needs of crime victims with
disabilities are met.
SEC. 9104. DEPARTMENT OF JUSTICE CRIME VICTIMS WITH DISABILITIES
COLLABORATION PROGRAM.
The Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by adding at the end the following:
``PART JJ--GRANTS TO RESPOND TO CRIMES AGAINST INDIVIDUALS WITH
DISABILITIES
``SEC. 3001. CRIME VICTIMS WITH DISABILITIES COLLABORATION PROGRAM
GRANTS.
``(a) Definitions.--In this section:
``(1) Applicant.--The term `applicant' means a State, unit
of local government, Indian tribe, or tribal organization that
applies for a grant under this section.
``(2) Collaboration program.--The term `collaboration
program' means a program to ensure coordination between or
among a criminal justice agency, an adult protective services
agency, a victim assistance organization, and an agency or
other organization that provides services to individuals with
disabilities, including but not limited to individuals with
developmental disabilities, to address crimes committed against
individuals with disabilities and to provide services to
individuals with disabilities who are victims of crimes.
``(3) Criminal justice agency.--The term `criminal justice
agency' means an agency of a State, unit of local government,
Indian tribe, or tribal organization that is responsible for
detection, investigation, arrest, enforcement, adjudication, or
incarceration relating to the violation of the criminal laws of
that State, unit of local government, Indian tribe, or tribal
organization, or an agency contracted to provide such services.
``(4) Adult protective services agency.--The term `adult
protective services agency' means an agency that provides adult
protective services to adults with disabilities, including--
``(A) receiving reports of abuse, neglect, or
exploitation;
``(B) investigating the reports described in
subparagraph (A);
``(C) case planning, monitoring, evaluation, and
other casework and services; and
``(D) providing, arranging for, or facilitating the
provision of medical, social service, economic, legal,
housing, law enforcement, or other protective,
emergency, or support services for adults with
disabilities.
``(5) Day program.--The term `day program' means a
government or privately funded program that provides care,
supervision, social opportunities, or jobs to individuals with
disabilities.
``(6) Implementation grant.--The term `implementation
grant' means a grant under subsection (e).
``(7) Individuals with disabilities.--The term `individuals
with disabilities' means individuals--
``(A) 18 years of age or older; and
``(B) who have a developmental, cognitive,
physical, or other disability that results in
substantial functional limitations in 1 or more of the
following areas of major life activity:
``(i) Self-care.
``(ii) Receptive and expressive language.
``(iii) Learning.
``(iv) Mobility.
``(v) Self-direction.
``(vi) Capacity for independent living.
``(vii) Economic self-sufficiency.
``(viii) Cognitive functioning.
``(ix) Emotional adjustment.
``(8) Planning grant.--The term `planning grant' means a
grant under subsection (f).
``(9) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(10) Unit of local government.--The term `unit of local
government' means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State.
``(b) Authorization.--In consultation with the Secretary, the
Attorney General may make grants to applicants to prepare a
comprehensive plan for or to implement a collaboration program that
provides for--
``(1) the investigation and remediation of instances of
abuse of or crimes committed against individuals with
disabilities; or
``(2) the provision of services to individuals with
disabilities who are the victims of a crime or abuse.
``(c) Use of Funds.--A grant under this section shall be used for a
collaborative program that--
``(1) receives reports of abuse of individuals with
disabilities or crimes committed against such individuals;
``(2) investigates and evaluates reports of abuse of or
crimes committed against individuals with disabilities;
``(3) visits the homes or other locations of abuse, and, if
applicable, the day programs of individuals with disabilities
who have been victims of abuse or a crime for purposes of,
among other things, assessing the scene of the abuse and
evaluating the condition and needs of the victim;
``(4) identifies the individuals responsible for the abuse
of or crimes committed against individuals with disabilities;
``(5) remedies issues identified during an investigation
described in paragraph (2);
``(6) prosecutes the perpetrator, where appropriate, of any
crime identified during an investigation described in paragraph
(2);
``(7) provides services to and enforces statutory rights of
individuals with disabilities who are the victims of a crime;
and
``(8) develops curricula and provides interdisciplinary
training for prosecutors, criminal justice agencies, protective
service agencies, victims assistance agencies, educators,
community based providers and health, mental health, and allied
health professionals in the area of disabilities, including
developmental disabilities.
``(d) Applications.--
``(1) In general.--To receive a planning grant or an
implementation grant, an applicant shall submit an application
to the Attorney General at such time, in such manner, and
containing such information as the Attorney General, in
consultation with the Secretary, may reasonably require, in
addition to the information required by subsection (e)(1) or
(f)(1), respectively.
``(2) Combined planning and implementation grant
application.--
``(A) In general.--The Attorney General, in
consultation with the Secretary, shall develop a
procedure allowing an applicant to submit a single
application requesting both a planning grant and an
implementation grant.
``(B) Conditional grant.--The award of an
implementation grant to an applicant submitting an
application under subparagraph (A) shall be conditioned
on successful completion of the activities funded under
the planning grant, if applicable.
``(e) Planning Grants.--
``(1) Applications.--An application for a planning grant
shall include, at a minimum--
``(A) a budget;
``(B) a budget justification;
``(C) a description of the outcome measures that
will be used to measure the effectiveness of the
program;
``(D) a schedule for completing the activities
proposed in the application;
``(E) a description of the personnel necessary to
complete activities proposed in the application; and
``(F) provide assurances that program activities
and locations are and will be in compliance with
section 504 of the Rehabilitation Act of 1973
throughout the grant period.
``(2) Period of grant.--A planning grant shall be made for
a period of 1 year, beginning on the first day of the month in
which the planning grant is made.
``(3) Amount.--The amount of planning grant shall not
exceed $50,000, except that the Attorney General may, for good
cause, approve a grant in a higher amount.
``(4) Limit on number.--The Attorney General, in
consultation with the Secretary, shall not make more than 1
such planning grant to any State, unit of local government,
Indian tribe, or tribal organization.
``(f) Implementation Grants.--
``(1) Implementation grant applications.--An application
for an implementation grant shall include the following:
``(A) Collaboration.--An application for an
implementation grant shall--
``(i) identify not fewer than 1 criminal
justice enforcement agency or adult protective
services organization and not fewer than 1
agency, crime victim assistance program, or
other organization that provides services to
individuals with disabilities that will
participate in the collaborative program; and
``(ii) describe the responsibilities of
each participating agency or organization,
including how each agency or organization will
use grant funds to facilitate improved
responses to reports of abuse and crimes
committed against individuals with
disabilities.
``(B) Guidelines.--An application for an
implementation grant shall describe the guidelines that
will be developed for personnel of a criminal justice
agency, adult protective services organization, crime
victim assistance program, and agencies or other
organizations responsible for services provided to
individuals with disabilities to carry out the goals of
the collaborative program.
``(C) Financial.--An application for an
implementation grant shall--
``(i) explain why the applicant is unable
to fund the collaboration program adequately
without Federal funds;
``(ii) specify how the Federal funds
provided will be used to supplement, and not
supplant, the funding that would otherwise be
available from the State, unit of local
government, Indian tribe, or tribal
organization; and
``(iii) outline plans for obtaining
necessary support and continuing the proposed
collaboration program following the conclusion
of the grant under this section.
``(D) Outcomes.--An application for an
implementation grant shall--
``(i) identify the methodology and outcome
measures, as required by the Attorney General,
in consultation with the Secretary, for
evaluating the effectiveness of the
collaboration program, which may include--
``(I) the number and type of
agencies participating in the
collaboration;
``(II) any trends in the number and
type of cases referred for
multidisciplinary case review;
``(III) any trends in the
timeliness of law enforcement review of
reported cases of violence against
individuals with a disability; and
``(IV) the number of persons
receiving training by type of agency;
``(ii) describe the mechanisms of any
existing system to capture data necessary to
evaluate the effectiveness of the collaboration
program, consistent with the methodology and
outcome measures described in clause (i) and
including, where possible, data regarding--
``(I) the number of cases referred
by the adult protective services
agency, or other relevant agency, to
law enforcement for review;
``(II) the number of charges filed
and percentage of cases with charges
filed as a result of such referrals;
``(III) the period of time between
reports of violence against individuals
with disabilities and law enforcement
review; and
``(IV) the number of cases
resulting in criminal prosecution, and
the result of each such prosecution;
and
``(iii) include an agreement from any
participating or affected agency or
organization to provide the data described in
clause (ii).
``(E) Form of data.--The Attorney General, in
consultation with the Secretary, shall promulgate and
supply a common electronic reporting form or other
standardized mechanism for reporting of data required
under this section.
``(F) Collaboration set aside.--Not less than 5
percent and not more than 10 percent of the funds
provided under an implementation grant shall be set
aside to procure technical assistance from any
recognized State model program or from a recognized
national organization, as determined by the Attorney
General (in consultation with the Secretary), including
the National District Attorneys Association and the
National Adult Protective Services Association.
``(G) Other programs.--An applicant for an
implementation grant shall describe the relationship of
the collaboration program to any other program of a
criminal justice agency or other agencies or
organizations providing services to individuals with
disabilities of the State, unit of local government,
Indian tribe, or tribal organization applying for an
implementation grant.
``(2) Period of grant.--
``(A) In general.--An implementation grant shall be
made for a period of 2 years, beginning on the first
day of the month in which the implementation grant is
made.
``(B) Renewal.--An implementation grant may be
renewed for 1 additional period of 2 years, if the
applicant submits to the Attorney General and the
Secretary a detailed explanation of why additional
funds are necessary.
``(3) Amount.--An implementation grant shall not exceed
$300,000.
``(g) Evaluation of Program Efficacy.--
``(1) Establishment.--The Attorney General, in consultation
with the Secretary, shall establish a national center to
evaluate the overall effectiveness of the collaboration
programs funded under this section.
``(2) Responsibilities.--The national center established
under paragraph (1) shall--
``(A) analyze information and data supplied by
grantees under this section; and
``(B) submit an annual report to the Attorney
General and the Secretary that evaluates the number and
rate of change of reporting, investigation, and
prosecution of charges of a crime or abuse against
individuals with disabilities.
``(3) Authorization.--The Attorney General may use not more
than $500,000 of amounts made available under subsection (h) to
carry out this subsection.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice to carry out this section--
``(1) $10,000,000 for fiscal year 2008; and
``(2) such sums as are necessary for each of fiscal years
2009 through 2014.''.
SEC. 9105. RESEARCH GRANT AND REPORT.
(a) In General.--The purpose of this section is to provide for
research to assist the Attorney General in collecting valid, reliable
national data relating to crimes against individuals with developmental
and related disabilities for the National Crime Victims Survey
conducted by the Bureau of Justice Statistics of the Department of
Justice as required by the Crime Victims with Disabilities Awareness
Act.
(b) National Interdisciplinary Advisory Council.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall establish a national interdisciplinary advisory
council (referred to in this section as the ``advisory
council''), that includes individuals with disabilities, which
shall provide input into the methodologies used to collect
valid, reliable national data on crime victims with
developmental and related disabilities, participate in
reviewing the data collected through the research grant
program, and assist in writing the final report.
(2) Recommended methodology.--Not later than 6 months after
the establishment of the advisory council, the advisory council
shall provide to the Secretary of Health and Human Services its
recommended methodology for collecting incidence data on
violence against people with developmental and related
disabilities.
(c) Research Grant Program.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of Health and Human
Services shall--
(1) review the methodology developed by the advisory
council related to collecting incidence data on violence
against people with developmental and related disabilities; and
(2) based on such review, shall award grants in accordance
with this section to eligible recipients, to collect valid,
reliable national data on crime victims with developmental and
related disabilities that can be validly compared to data from
the National Crime Victims Survey.
(d) Report.--Not later than 12 months after the Secretary of Health
and Human Services awards the research grants under subsection (c), the
advisory council shall review the data eligible recipients of the
grants collected and write a report to be presented to the Secretary of
Health and Human Services, the Attorney General, and the Bureau of
Justice Statistics.
(e) Definitions.--
(1) Eligible recipient.--The term ``eligible recipient''
means--
(A) a State agency;
(B) a private, nonprofit organization;
(C) a University Center for Excellence in
Developmental Disabilities; or
(D) any public entity that has a demonstrated
ability to--
(i) collaborate with criminal justice,
child welfare, and other agencies and
organizations that provide services to
individuals with disabilities, including victim
assistance and violence prevention
organizations, to ensure that incidence data
can be aggregated to accurately show the
incidence of abuse of individuals with
disabilities nationally; and
(ii) conduct research and collect data to
measure the extent of the problem of crimes
against individuals with developmental and
related disabilities, including--
(I) understanding the nature and
extent of crimes against individuals
with developmental and related
disabilities, including domestic
violence and all types of abuse;
(II) describing the manner in which
the justice system responds to crimes
against individuals with developmental
and related disabilities; and
(III) identifying programs,
policies, or laws that hold promises
for making the justice system more
responsive to crimes against
individuals with developmental and
related disabilities.
(2) Developmental disabilities.--The term ``developmental
disabilities'' has the meaning given that term in section
102(8) of the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002(8)).
(3) Related disabilities.--The term ``related
disabilities'' means autism spectrum disorders, cerebral palsy,
spina bifida, epilepsy, traumatic brain injury, or other
lifelong disabilities that are acquired prior to the age of 21.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2008 through 2011.
Subtitle B--Restitution for Victims of Crime Act of 2007
SEC. 9201. SHORT TITLE.
This subtitle may be cited as the ``Restitution for Victims of
Crime Act of 2007''.
PART I--COLLECTION OF RESTITUTION
SEC. 9211. SHORT TITLE.
This part may be cited as the ``Collection of Restitution
Improvement Act of 2007''.
SEC. 9212. PROCEDURE FOR ISSUANCE AND ENFORCEMENT OF RESTITUTION.
Section 3664(f) of title 18, United States Code, is amended by
striking paragraphs (2) through (4) and inserting the following:
``(C)(i) Each restitution order shall--
``(I) contain information sufficient to identify each
victim to whom restitution is owed;
``(II) require that a copy of the court order be sent to
each such victim; and
``(III) inform each such victim of the obligation to notify
the appropriate entities of any change in address.
``(ii) It shall be the responsibility of each victim to whom
restitution is owed to notify the Attorney General, or the appropriate
entity of the court, by means of a form to be provided by the Attorney
General or the court, of any change in the victim's mailing address
while restitution is still owed to the victim.
``(iii) The confidentiality of any information relating to a victim
under this subparagraph shall be maintained.
``(2) The court shall order that the restitution imposed is due in
full immediately upon imposition.
``(3) The court shall direct the defendant--
``(A) to make a good-faith effort to satisfy the
restitution order in the shortest time in which full
restitution can be reasonably made, and to refrain from taking
any action that conceals or dissipates the defendant's assets
or income;
``(B) to notify the court of any change in residence; and
``(C) to notify the United States Attorney for the district
in which the defendant was sentenced of any change in
residence, and of any material change in economic circumstances
that might affect the defendant's ability to pay restitution.
``(4) Compliance with all payment directions imposed under
paragraphs (6) and (7) shall be prima facie evidence of a good faith
effort under paragraph (3)(A), unless it is shown that the defendant
has concealed or dissipated assets.
``(5) Notwithstanding any other provision of law, for the purpose
of enforcing a restitution order, a United States Attorney may receive,
without the need for a court order, any financial information
concerning the defendant obtained by the grand jury that indicted the
defendant for the crime for which restitution has been awarded, the
United States Probation Office, or the Bureau of Prisons. A victim may
also provide financial information concerning the defendant to the
United States Attorney.
``(6)(A) At sentencing, or at any time prior to the termination of
a restitution obligation under section 3613 of this title, the court
may--
``(i) impose special payment directions upon the defendant
or modify such directions; or
``(ii) direct the defendant to make a single, lump sum
payment, partial payments at specified intervals, in-kind
payments, or a combination of payments at specified intervals
and in-kind payments.
``(B) The period of time over which scheduled payments are
established for purposes of this paragraph shall be the shortest time
in which full payment reasonably can be made.
``(C) In-kind payments may be in the form of the return of
property, replacement of property, or, if the victim agrees, services
rendered to the victim or a person or organization other than the
victim.
``(D) In ordering restitution, the court may direct the defendant
to--
``(i) repatriate any property that constitutes proceeds of
the offense of conviction, or property traceable to such
proceeds; and
``(ii) surrender to the United States, or to the victim
named in the restitution order, any interest of the defendant
in any nonexempt asset.
``(E) The court may enter a restraining order or injunction,
require the execution of a satisfactory performance bond, or take any
other action to preserve the availability of property for restitution.
``(7)(A) In determining whether to impose or modify specific
payment directions, the court may consider--
``(i) the need to provide restitution to the victims of the
offense;
``(ii) the financial ability of the defendant;
``(iii) the economic circumstances of the defendant,
including the financial resources and other assets of the
defendant and whether any of those assets are jointly
controlled;
``(iv) the projected earnings and other income of the
defendant;
``(v) any financial obligations of the defendant, including
obligations to dependents;
``(vi) whether the defendant has concealed or dissipated
assets or income; and
``(vii) any other appropriate circumstances.
``(B) Any substantial resources from any source, including
inheritance, settlement, or other judgment, shall be applied to any
outstanding restitution obligation.
``(8)(A) If the court finds that the economic circumstances of the
defendant do not allow the payment of any substantial amount as
restitution, the court may direct the defendant to make nominal
payments of not less than $100 per year toward the restitution
obligation.
``(B) Any money received from the defendant under subparagraph (A)
shall be disbursed so that any outstanding assessment imposed under
section 3013 is paid first in full.
``(9) Court-imposed special payment directions shall not limit the
ability of the Attorney General to maintain an Inmate Financial
Responsibility Program that encourages sentenced inmates to meet their
legitimate financial obligations.
``(10)(A) The ability of the Attorney General to enforce
restitution obligations ordered under paragraph (2) shall not be
limited by appeal, or the possibility of a correction, modification,
amendment, adjustment, or reimposition of a sentence, unless the court
expressly so orders for good cause shown and stated on the record.
``(B) Absent exceptional circumstances, as determined by the court,
an order limiting the enforcement of restitution obligations shall--
``(i) require the defendant to deposit, in the registry of
the district court, any amount of the restitution that is due;
``(ii) require the defendant to post a bond or other
security to ensure payment of the restitution that is due; or
``(iii) impose additional restraints upon the defendant to
prevent the defendant from transferring or dissipating assets.
``(C) No order described in subparagraph (B) shall restrain the
ability of the United States to continue its investigation of the
defendant's financial circumstances, conduct discovery, record a lien,
or seek any injunction or other relief from the court.''.
SEC. 9213. IMPOSITION OF CRIMINAL FINES AND PAYMENT DIRECTIONS.
Subsection 3572(d) of title 18, United States Code, is amended to
read as follows:
``(d) Payment.--
``(1) In general.--The court shall order that any fine or
assessment imposed be due in full immediately upon imposition.
``(2) Efforts to make payment.--The court shall--
``(A) direct the defendant to make a good-faith
effort to satisfy the fine and assessment in the
shortest time in which full payment can be reasonably
made, and to refrain from taking any action that
conceals or dissipates the defendant's assets or
income;
``(B) direct the defendant to notify the court of
any change in residence; and
``(C) order the defendant to notify the United
States Attorney for the district in which the defendant
was sentenced of any change in residence, and of any
material change in economic circumstances that might
affect the defendant's ability to pay restitution.
``(3) Good faith.--Compliance with all payment directions
imposed by paragraphs (5) and (6) shall be prima facie evidence
of a good faith effort under paragraph (2)(A), unless it is
shown that the defendant has concealed or dissipated assets;
``(4) Access to information.--Notwithstanding any other
provision of law, for the purpose of enforcing a fine or
assessment, a United States Attorney may receive, without the
need for a court order, any financial information concerning
the defendant obtained by a grand jury, the United States
Probation Office, or the Bureau of Prisons.
``(5) Payment schedule.--
``(A) In general.--At sentencing, or at any time
prior to the termination of a restitution obligation
under section 3613 of this title, the court may--
``(i) impose special payment directions
upon the defendant or modify such directions;
or
``(ii) direct the defendant to make a
single, lump sum payment, or partial payments
at specified intervals.
``(B) Period of time.--The period of time over
which scheduled payments are established for purposes
of this paragraph shall be the shortest time in which
full payment can reasonably be made.
``(C) Repatriation.--The court may direct the
defendant to repatriate any property that constitutes
proceeds of the offense of conviction, or property
traceable to such proceeds.
``(D) Surrender.--In ordering restitution, the
court may direct the defendant to surrender to the
United States any interest of the defendant in any
nonexempt asset.
``(E) Third parties.--If the court directs the
defendant to repatriate or surrender any property in
which it appears that any person other than the
defendant may have a legal interest--
``(i) the court shall take such action as
is necessary to protect such third party
interest; and
``(ii) may direct the United States to
initiate any ancillary proceeding to determine
such third party interests in accordance with
the procedures specified in section 413(n) of
the Controlled Substances Act (21 U.S.C.
853(n)).
``(F) Exclusivity of remedy.--Except as provided in
this section, no person may commence an action against
the United States concerning the validity of the
party's alleged interest in the property subject to
reparation or surrender.
``(G) Preservation of property.--The court may
enter a restraining order or injunction, require the
execution of a satisfactory performance bond, or take
any other action to preserve the availability of
property for payment of the fine or assessment.
``(6) Considerations.--In determining whether to impose or
modify special payment directions, the court may consider--
``(A) the need to satisfy the fine or assessment;
``(B) the financial ability of the defendant;
``(C) the economic circumstances of the defendant,
including the financial resources and other assets of
the defendant, and whether any of those assets are
jointly controlled;
``(D) the projected earnings and other income of
the defendant;
``(E) any financial obligations of the defendant,
including obligations to dependents;
``(F) whether the defendant has concealed or
dissipated assets or income; and
``(G) any other appropriate circumstances.
``(7) Use of resources.--Any substantial resources from any
source, including inheritance, settlement, or other judgment
shall be applied to any fine or assessment still owed.
``(8) Nominal payments.--If the court finds that the
economic circumstances of the defendant do not allow the
immediate payment of any substantial amount of the fine or
assessment imposed, the court may direct the defendant to make
nominal payments of not less than $100 per year toward the fine
or assessment imposed.
``(9) Inmate financial responsibility program.--Court-
imposed special payment directions shall not limit the ability
of the Attorney General to maintain an Inmate Financial
Responsibility Program that encourages sentenced inmates to
meet their legitimate financial obligations.
``(10) Enforcement.--
``(A) In general.--The ability of the Attorney
General to enforce the fines and assessment ordered
under paragraph (1) shall not be limited by an appeal,
or the possibility of a correction, modification,
amendment, adjustment, or reimposition of a sentence,
unless the court expressly so orders, for good cause
shown and stated on the record.
``(B) Exceptions.--Absent exceptional
circumstances, as determined by the court, an order
limiting enforcement of a fine or assessment shall--
``(i) require the defendant to deposit, in
the registry of the district court, any amount
of the fine or assessment that is due;
``(ii) require the defendant to post a bond
or other security to ensure payment of the fine
or assessment that is due; or
``(iii) impose additional restraints upon
the defendant to prevent the defendant from
transferring or dissipating assets.
``(C) Other activities.--No order described in
subparagraph (B) shall restrain the ability of the
United States to continue its investigation of the
defendant's financial circumstances, conduct discovery,
record a lien, or seek any injunction or other relief
from the court.
``(11) Special assessments.--The requirements of this
subsection shall apply to the imposition and enforcement of any
assessment imposed under section 3013 of this title.''.
SEC. 9214. COLLECTION OF UNPAID FINES OR RESTITUTION.
Section 3612(b) of title 18, United States Code, is amended to read
as follows:
``(b) Information To Be Included in Judgment; Judgment To Be
Transmitted to the Attorney General.--
``(1) In general.--A judgment or order imposing, modifying,
or remitting a fine or restitution order of more than $100
shall include--
``(A) the name, social security account number,
mailing address, and residence address of the
defendant;
``(B) the docket number of the case;
``(C) the original amount of the fine or
restitution order and the amount that is due and
unpaid;
``(D) payment orders and directions imposed under
section 3572(d) and section 3664(f) of this title; and
``(E) a description of any modification or
remission.
``(2) Transmittal of copies.--Not later than 10 days after
entry of the judgment or order described in paragraph (1), the
court shall transmit a certified copy of the judgment or order
to the Attorney General.''.
SEC. 9215. ATTORNEY'S FEES FOR VICTIMS.
(a) Order of Restitution.--Section 3663(b) of title 18, United
States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following:
``(B) reimburse the victim for attorneys' fees
reasonably incurred in an attempt to retrieve damaged,
lost, or destroyed property (which shall not include
payment of salaries of Government attorneys); or''; and
(D) in subparagraph (C), as so redesignated by this
subsection, by inserting ``or (B)'' after
``subparagraph (A)'';
(2) in paragraph (4)--
(A) by inserting ``(including attorneys' fees
necessarily and reasonably incurred for representation
of the victim, which shall not include payment of
salaries of Government attorneys)'' after ``other
expenses related to participation in the investigation
or prosecution of the offense''; and
(B) by striking ``and'' at the end;
(3) in paragraph (5), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(6) in any case, reimburse the victim for reasonably
incurred attorneys' fees that are necessary and foreseeable
results of the defendant's crime (which shall not include
payment of salaries of Government attorneys).''.
(b) Mandatory Restitution to Victims of Certain Crimes.--Section
3663A(b) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following:
``(B) reimburse the victim for attorneys' fees
reasonably incurred in an attempt to retrieve damaged,
lost, or destroyed property (which shall not include
payment of salaries of Government attorneys); or''; and
(D) in subparagraph (C), as so redesignated by this
subsection, by inserting ``or (B)'' after
``subparagraph (A)'';
(2) in paragraph (3), by striking ``and'' at the end;
(3) in paragraph (4)--
(A) by inserting ``(including attorneys' fees
necessarily and reasonably incurred for representation
of the victim, which shall not include payment of
salaries of Government attorneys)'' after ``other
expenses related to participation in the investigation
or prosecution of the offense''; and
(B) by striking the period and inserting ``; and'';
and
(4) by adding at the end the following:
``(5) in any case, reimburse the victim for reasonably
incurred attorneys' fees that are necessary and foreseeable
results of the defendant's crime (which shall not include
payment of salaries of Government attorneys).''.
PART II--PRESERVATION OF ASSETS FOR RESTITUTION
SEC. 9221. SHORT TITLE.
This part may be cited as the ``Preservation of Assets for
Restitution Act of 2007''.
SEC. 9222. AMENDMENTS TO THE MANDATORY VICTIMS RESTITUTION ACT.
(a) In General.--Chapter 232 of title 18, United States Code, is
amended by inserting after section 3664 the following:
``Sec. 3664A. Preservation of assets for restitution
``(a) Protective Orders To Preserve Assets.--
``(1) In general.--Upon the Government's ex parte
application and a finding of probable cause to believe that a
defendant, if convicted, will be ordered to satisfy an order of
restitution for an offense punishable by imprisonment for more
than 1 year, the court--
``(A) shall--
``(i) enter a restraining order or
injunction;
``(ii) require the execution of a
satisfactory performance bond; or
``(iii) take any other action necessary to
preserve the availability of any property
traceable to the commission of the offense
charged; and
``(B) if it determines that it is in the interests
of justice to do so, shall issue any order necessary to
preserve any nonexempt asset (as defined in section
3613) of the defendant that may be used to satisfy such
restitution order.
``(2) Procedures.--Applications and orders issued under
paragraph (1) shall be governed by the procedures under section
413(e) of the Controlled Substances Act (21 U.S.C. 853(e)) and
in this section.
``(3) Monetary instruments.--If the property in question is
a monetary instrument (as defined in section 1956(c)(5)) or
funds in electronic form, the protective order issued under
paragraph (1) may take the form of a warrant authorizing the
Government to seize the property and to deposit it into an
interest-bearing account in the Registry of the Court in the
district in which the warrant was issued, or into another such
account maintained by a substitute property custodian, as the
court may direct.
``(4) Post-indictment.--A post-indictment protective order
entered under paragraph (1) shall remain in effect through the
conclusion of the criminal case, including sentencing and any
post-sentencing proceedings, until seizure or other disposition
of the subject property, unless modified by the court upon a
motion by the Government or under subsection (b) or (c).
``(b) Defendant's Right to a Hearing.--
``(1) In general.--In the case of a preindictment
protective order entered under subsection (a)(1), the
defendant's right to a post-restraint hearing shall be governed
by paragraphs (1)(B) and (2) of section 413(e) of the
Controlled Substances Act (21 U.S.C. 853(e)).
``(2) Post-indictment.--In the case of a post-indictment
protective order entered under subsection (a)(1), the defendant
shall have a right to a post-restraint hearing regarding the
continuation or modification of the order if the defendant--
``(A) establishes by a preponderance of the
evidence that there are no assets, other than the
restrained property, available to the defendant to
retain counsel in the criminal case or to provide for a
reasonable living allowance for the necessary expenses
of the defendant and the defendant's lawful dependents;
and
``(B) makes a prima facie showing that there is
bona fide reason to believe that the court's ex parte
finding of probable cause under subsection (a)(1) was
in error.
``(3) Hearing.--
``(A) In general.--If the court determines that the
defendant has satisfied the requirements of paragraph
(2), it may hold a hearing to determine whether there
is probable cause to believe that the defendant, if
convicted, will be ordered to satisfy an order of
restitution for an offense punishable by imprisonment
for more than 1 year, and that the seized or restrained
property may be needed to satisfy such restitution
order.
``(B) Probable cause.--If the court finds probable
cause under subparagraph (A), the protective order
shall remain in effect.
``(C) No probable cause.--If the court finds under
subparagraph (A) that no probable cause exists as to
some or all of the property, or determines that more
property has been seized and restrained than may be
needed to satisfy a restitution order, it shall modify
the protective order to the extent necessary to release
the property that should not have been restrained.
``(4) Rebuttal.--If the court conducts an evidentiary
hearing under paragraph (3), the court shall afford the
Government an opportunity to present rebuttal evidence and to
cross-examine any witness that the defendant may present.
``(5) Pretrial hearing.--In any pretrial hearing on a
protective order issued under subsection (a)(1), the court may
not entertain challenges to the grand jury's finding of
probable cause regarding the criminal offense giving rise to a
potential restitution order. The court shall ensure that such
hearings are not used to obtain disclosure of evidence or the
identities of witnesses earlier than required by the Federal
Rules of Criminal Procedure or other applicable law.
``(c) Third Party's Right to Post-Restraint Hearing.--
``(1) In general.--A person other than the defendant who
has a legal interest in property affected by a protective order
issued under subsection (a)(1) may move to modify the order on
the grounds that--
``(A) the order causes an immediate and irreparable
hardship to the moving party; and
``(B) less intrusive means exist to preserve the
property for the purpose of restitution.
``(2) Modification.--If, after considering any rebuttal
evidence offered by the Government, the court determines that
the moving party has made the showings required under paragraph
(1), the court shall modify the order to mitigate the hardship,
to the extent that it is possible to do so while preserving the
asset for restitution.
``(3) Intervention.--
``(A) In general.--Except as provided in
subparagraph (B) or paragraph (1), a person other than
a defendant has no right to intervene in the criminal
case to object to the entry of any order issued under
this section or otherwise to object to an order
directing a defendant to pay restitution.
``(B) Exception.--If, at the conclusion of the
criminal case, the court orders the defendant to use
particular assets to satisfy an order of restitution
(including assets that have been seized or restrained
pursuant to this section) the court shall give persons
other than the defendant the opportunity to object to
the order on the ground that the property belonged in
whole or in part to the third party and not to the
defendant, as provided in section 413(n) of the
Controlled Substances Act (21 U.S.C. 853(n)).
``(d) Geographic Scope of Order.--
``(1) In general.--A district court of the United States
shall have jurisdiction to enter an order under this section
without regard to the location of the property subject to the
order.
``(2) Outside the united states.--If the property subject
to an order issued under this section is located outside of the
United States, the order may be transmitted to the central
authority of any foreign state for service in accordance with
any treaty or other international agreement.
``(e) No Effect on Other Government Action.--Nothing in this
section shall be construed to preclude the Government from seeking the
seizure, restraint, or forfeiture of assets under the asset forfeiture
laws of the United States.
``(f) Limitation on Rights Conferred.--Nothing in this section
shall be construed to create any enforceable right to have the
Government seek the seizure or restraint of property for restitution.
``(g) Receivers.--
``(1) In general.--A court issuing an order under this
section may appoint a receiver under section 1956(b)(4) to
collect, marshal, and take custody, control, and possession of
all assets of the defendant, wherever located, that have been
restrained in accordance with this section.
``(2) Distribution of property.--The receiver shall have
the power to distribute property in its control to each victim
identified in an order of restitution at such time, and in such
manner, as the court may authorize.''.
(b) Conforming Amendment.--The section analysis for chapter 232 of
title 18, United States Code, is amended by inserting after the item
relating to section 3664 the following:
``Sec. 3664A. Preservation of assets for restitution.''.
SEC. 9223. AMENDMENTS TO THE ANTI-FRAUD INJUNCTION STATUTE.
Section 1345(a) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``or'' at the
end; and
(B) by inserting after subparagraph (C) the
following:
``(D) committing or about to commit a Federal
offense that may result in an order of restitution;'';
and
(2) in paragraph (2)--
(A) by striking ``a banking violation'' and all
that follows through ``healthcare offense'' and
inserting ``a violation or offense identified in
paragraph (1)''; and
(B) by inserting ``or offense'' after ``traceable
to such violation''.
SEC. 9224. AMENDMENTS TO THE FEDERAL DEBT COLLECTION PROCEDURES ACT.
(a) Process.--Section 3004(b)(2) of title 28, United States Code,
is amended by inserting after ``in which the debtor resides.'' the
following: ``In a criminal case, the district court for the district in
which the defendant was sentenced may deny the request.''.
(b) Prejudgment Remedies.--Section 3101 of title 28, United States
Code, is amended--
(1) in subsection (a)(1) by inserting after ``the filing of
a civil action on a claim for a debt'' the following: ``or in
any criminal action where the court may enter an order of
restitution''; and
(2) in subsection (d)--
(A) in the first undesignated paragraph, by
inserting after ```The Government wants to make sure
[name of debtor] will pay if the court determines that
this money is owed.''' the following:
```In a criminal action, use the following opening paragraph: You
are hereby notified that this [property] is being taken by the United
States Government [the Government], which says that [name of debtor],
if convicted, may owe as restitution $ [amount]. The Government says it
must take this property at this time because [recite the pertinent
ground or grounds from section 3101(b)]. The Government wants to make
sure [name of debtor] will pay if the court determines that restitution
is owed.''';
(B) in the indented matter in the undesignated
second paragraph, by inserting after ```a statement
that different property may be so exempted with respect
to the State in which the debtor resides.]''' the
following:
```[In a criminal action, the statement summarizing the
types of property that may be exempt shall list only those
types of property that may be exempt under section 3613 of
title 18.]'''; and
(C) in the fourth undesignated paragraph, by
inserting after ```You must also send a copy of your
request to the Government at [address], so the
Government will know you want the proceeding to be
transferred.''' the following:
```If this Notice is issued in conjunction with a criminal case,
the district court where the criminal action is pending may deny your
request for a transfer of this proceeding.'''.
(c) Enforcement.--Section 3202(b) of title 28, United States Code,
is amended--
(1) in the indented matter in the undesignated second
paragraph, by inserting after ```a statement that different
property may be so exempted with respect to the State in which
the debtor resides.]''' the following:
```[In a criminal action, the statement summarizing the
types of property that may be exempt shall list only those
types of property that may be exempt under section 3613 of
title 18.]'''; and
(2) in the sixth undesignated paragraph, by inserting after
```you want the proceeding to be transferred.''' the following:
```If this notice is issued in conjunction with a criminal case,
the district court where the criminal action is pending may deny your
request for a transfer of this proceeding.'''.
PART III--ENVIRONMENTAL CRIMES RESTITUTION
SEC. 9231. SHORT TITLE.
This part may be cited as the ``Environmental Crimes Restitution
Act of 2007''.
SEC. 9232. IMMEDIATE AVAILABILITY OF RESTITUTION TO VICTIMS OF
ENVIRONMENTAL CRIMES.
Section 3663(a)(1)(A) of title 18, United States Code, is amended
by striking ``or section 5124, 46312, 46502, or 46504 of title 49,''
and inserting ``paragraph (2) or (3) of section 309(c) of the Federal
Water Pollution Control Act (33 U.S.C. 1319(c)), section 105(b) of the
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1415(b)), section 9(a) of the Act to Prevent Pollution from Ships (33
U.S.C. 1908(a)), section 1423 or subsection (a) or (b) of section 1432
of the Safe Drinking Water Act (42 U.S.C. 300h-2 and 300i-l),
subsection (d) or (e) of section 3008 of the Solid Waste Disposal Act
(42 U.S.C. 6928), paragraph (1) or (5) of section 113(c) of the Clear
Air Act (42 U.S.C. 7413(c)), or section 46312, 46502, or 46504 of title
49,''.
TITLE X--MISCELLANEOUS
Subtitle A--Continuity of Justice Act of 2007
SEC. 10101. SHORT TITLE.
This subtitle may be cited as the ``Continuity of Justice Act of
2007''.
SEC. 10102. FINDINGS.
Congress finds that a fully functioning judiciary is required to
ensure continuity of justice, governmental operations, enhance homeland
security, maintain constitutional law, and protect and defend societal
interests.
SEC. 10103. DEFINITIONS.
In this subtitle--
(1) the term ``Secretary'' means the Secretary of Homeland
Security; and
(2) the term ``State'' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any territory or possession of the United
States.
SEC. 10104. GRANTS TO COURTS.
(a) In General.--The Secretary may make grants to the highest court
of any State to enable such courts to prepare for, respond to, and
recover from a broad array of natural disasters and acts of terrorism.
(b) Use of Funds.--A grant under this section may be used for any
emergency preparedness planning, response activities, equipment, or
training, including--
(1) continuity of operations planning;
(2) developing and implementing a continuity of operations
plan;
(3) pandemic planning;
(4) vulnerability, risk, and impact assessments;
(5) test, training, and exercises;
(6) overtime pay for court personnel involved in emergency
management;
(7) equipment and supplies;
(8) capability enhancements and maintenance; and
(9) any other measure that the Secretary determines may
provide a significant improvement in emergency preparedness.
(c) Application.--
(1) In general.--To be eligible for a grant under this
section, the administrator of a State court, on behalf of the
highest court of that State, shall submit an application to the
Secretary, at such time and in such form as the Secretary may
require.
(2) Contents.--An application for a grant under this
section shall include--
(A) the purpose for which the grant is sought;
(B) a description of the tasks to be performed with
grant funds;
(C) a timetable for completing each task under
subparagraph (B);
(D) a budget justification; and
(E) an assurance that grant funds shall be used as
prescribed by this subtitle.
(d) Distribution of Funds.--A grant under this section shall be
made available to the highest court of a State through the
administrative office for the courts of that State.
(e) Reporting.--
(1) In general.--The administrator of any State court
receiving a grant under this section shall submit to the
Secretary an annual report that describes--
(A) how funds under that grant were used;
(B) the balance of funds obligated and unobligated;
(C) the program management plan for grant funds;
and
(D) the outcomes achieved as a result of the grant
funds.
(2) Timing.--The Secretary shall establish the date for the
submission of annual reports under paragraph (1).
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2008 through 2013.
Subtitle B--Homeland Security Trust Fund Act of 2007
SEC. 10201. SHORT TITLE.
This subtitle may be cited as the ``Homeland Security Trust Fund
Act of 2007''.
SEC. 10202. FINDINGS.
The Congress finds the following:
(1) In 2002, an independent, bipartisan commission, the
National Commission on Terrorist Attacks Upon the United States
(in this section referred to as the ``Commission''), was
established under title VI of Public Law 107-306 to prepare a
full and complete account of the circumstances surrounding the
September 11, 2001, terrorist attacks, including preparedness
for and the immediate response to the attacks.
(2) The Commission was also tasked with providing
recommendations designed to guard against future attacks
against the United States.
(3) The Commission held 12 public hearings to offer a
public dialogue about the Commission's goals and priorities,
sought to learn about work already completed, and the state of
current knowledge, all in order to identify the most important
issues and questions requiring further investigation.
(4) The Commission was widely praised for its thorough
investigation and the bipartisan nature of its proceedings.
(5) On July 22, 2004, the Commission released its final
report that set out the events leading to the attacks on
September 11th, a chilling minute-by-minute account of that
tragic day, and, more importantly, issued 41 recommendations to
better prepare the United States to protect against future
terrorist attacks.
(6) While the Commission was officially dissolved, the
Commissioners stayed together to create the 9/11 Public
Discourse Project in order to push for the implementation of
those recommendations.
(7) On December 5, 2005, the Commissioners released a
report card evaluating the progress in implementing those
recommendations.
(8) The Commissioners issued very few A's and B's and
issued 12 D's and 5 failing grades.
(9) The failures identified by the Commissioners' report
card were across the board, ranging from transportation
security, to infrastructure protection and government reform.
(10) Specifically, the Commissioners stated that ``few
improvements have been made to the existing passenger screening
system since right after 9/11. The completion of the testing
phase of TSA's pre-screening program for airline passengers has
been delayed. A new system, utilizing all names on the
consolidated terrorist watch list, is therefore not yet in
operation.''.
(11) The Commissioners also found that ``...No risk and
vulnerability assessments actually made; no national priorities
established; no recommendations made on allocation of scarce
resources...It is time that we stop talking about setting
priorities and actually set some.''.
(12) The Commission issued a grade of D on checked bag and
cargo screening measures, stating that ``improvements have not
been made by the Congress or the administration. Progress on
implementation of in-line screening has been slow. The main
impediment is inadequate funding.''.
(13) With regard to information sharing and technology, the
Commission noted that ``there has been no systematic diplomatic
efforts to share terrorist watch lists, nor has Congress taken
a leadership role in passport security...'' and that ``there
remain many complaints about lack of information sharing
between federal authorities and state and local level
officials.''.
(14) The Administration has failed to focus on prevention
here at home by abandoning our first line of defense against
terrorism, local law enforcement.
(15) In the President's FY 2006 budget request, the
President requested a cut of over $2,000,000,000 in guaranteed
assistance to law enforcement.
(16) According to the International Association of Chiefs
of Police, this decision represents a fundamentally flawed view
of what is needed to prevent domestic terror attacks.
(17) The Council on Foreign Relations released a report
entitled, ``Emergency First Responders: Drastically
Underfunded, Dangerously Unprepared'', in which the Council
found that ``America's local emergency responders will always
be the first to confront a terrorist incident and will play the
central role in managing its immediate consequences. Their
efforts in the first minutes and hours following an attack will
be critical to saving lives, establishing order, and preventing
mass panic. The United States has both a responsibility and a
critical need to provide them with the equipment, training, and
other resources necessary to do their jobs safely and
effectively.''.
(18) The Council further concluded that many State and
local emergency responders, including police officers and
firefighters, lack the equipment and training needed to respond
effectively to a terrorist attack involving weapons of mass
destruction.
(19) Current first responder funding must be increased to
help local agencies create counter-terrorism units and assist
such agencies to integrate community policing models with
counter-terror efforts.
(20) First responders still do not have adequate spectrum
to communicate during an emergency. Congress finally passed
legislation forcing the networks to turn over spectrum, but the
date was set for February 2008. This is unacceptable, this
spectrum should be turned over immediately.
(21) The Federal Government has a responsibility to ensure
that the people of the United States are protected to the
greatest possible extent against a terrorist attack, especially
an attack that utilizes nuclear, chemical, biological, or
radiological weapons, and consequently, the Federal Government
has a critical responsibility to address the equipment,
training, and other needs of State and local first responders.
(22) To echo the sentiments of the National Commission on
Terrorist Attacks upon the United States, ``it is time that we
stop talking about setting priorities and actually set some.''.
(23) The cost of fully implementing all 41 recommendations
put forth by the Commission and the common sense steps to
secure the homeland represents less than 1 year of President
Bush's tax cuts for millionaires.
(24) By investing 1 year of the tax cuts for millionaires
into a trust fund to be invested over the next 5 years, the
Federal Government can implement the Commission's
recommendations and make great strides towards making our
Nation safer.
(25) The Americans making more than $1,000,000 understand
that our country changed after 9/11, yet they have not been
asked to sacrifice for the good of the Nation.
(26) In this subtitle, we call on the patriotism of such
Americans by revoking 1 year of their tax cut and investing the
resulting revenues in the security of our neighbors and
families.
SEC. 10203. DEFINITIONS.
In this subtitle--
(1) Trust fund.--The term ``Trust Fund'' means the Homeland
Security and Neighborhood Safety Trust Fund established under
section 10204.
(2) Commission.--The term ``Commission'' means the National
Commission on Terrorist Attacks upon the United States,
established under title VI of the Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107-306; 6 U.S.C. 101
note).
SEC. 10204. HOMELAND SECURITY AND NEIGHBORHOOD SAFETY TRUST FUND.
(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
``Homeland Security and Neighborhood Safety Trust Fund'', consisting of
such amounts as may be appropriated or credited to the Trust Fund.
(b) Rules Regarding Transfers to and Management of Trust Fund.--For
purposes of this section, rules similar to the rules of sections 9601
and 9602 of the Internal Revenue Code of 1986 shall apply.
(c) Distribution of Amounts in Trust Fund.--Amounts in the Trust
Fund shall be available, as provided by appropriation Acts, for making
expenditures for fiscal years 2007 through 2011 to meet those
obligations of the United States incurred which are authorized under
section 10205 for such fiscal years.
(d) Sense of the Senate.--It is the sense of the Senate that the
Committee on Finance of the Senate should report to the Senate not
later than 30 days after the date of the enactment of this Act
legislation which--
(1) increases revenues to the Treasury in the amount of
$53,300,000,000 during taxable years 2007 through 2011 by
reducing scheduled and existing income tax reductions enacted
since taxable year 2001 with respect to the taxable incomes of
taxpayers in excess of $1,000,000, and
(2) appropriates an amount equal to such revenues to the
Homeland Security and Neighborhood Safety Trust Fund.
SEC. 10205. PREVENTING TERROR ATTACKS ON THE HOMELAND.
(a) Authorization of Appropriations for Supporting Law
Enforcement.--There are authorized to be appropriated from the Trust
Fund--
(1) $1,150,000,000 for fiscal years 2007 through 2011 for
the Office of Community Oriented Policing Services for grants
to State, local, and tribal law enforcement to hire officers,
purchase technology, conduct training, and to develop local
counter-terrorism units;
(2) $900,000,000 for each of the fiscal years 2007 through
2011 for the Justice Assistance Grant;
(3) $160,000,000 for each of fiscal years 2007 through 2011
for the Federal Bureau of Investigations to hire 1,000
additional field agents in addition to the number of field
agents serving on the date of enactment of this Act;
(4) $200,000,000 for each of fiscal years 2007 to 2011 for
the Amtrak Police Department to hire, equip, and train 1,000
additional rail police; and
(5) such sums as necessary to provide an increase in the
rate of basic pay for law enforcement officers employed by
Amtrak of 25 percent of the rate of basic pay in effect on the
date of enactment of this Act.
(b) Authorization of Appropriations for Utilizing Screening
Technologies.--There are authorized to be appropriated from the Trust
Fund--
(1) $1,000,000,000 for each of 2007 through 2011 for
Department of Homeland Security to implement 100 percent
screening of ship cargo containers with suitable technologies
that screen for nuclear, radiological, and other dangerous
materials;
(2) $100,000,000 for each of fiscal years 2007 through 2011
for the Department of Homeland Security to improve screening
for airline passengers, checked baggage, and cargo on
commercial airliners; and
(3) $100,000,000 for each of fiscal years 2007 through 2011
for the Office of Science and Technology at the Department of
Homeland Security to research and develop advanced screening
technologies.
(c) Protecting Critical Infrastructure and Eliminating Threats.--
(1) Authorization of appropriations for hardening soft
targets.--There are authorized to be appropriated from the
Trust Fund--
(A) $1,000,000,000 for each of fiscal years 2007
through 2011 for the Office of Domestic Preparedness
for the State Homeland Security Grant Program, the
Urban Area Security Initiative and the Law Enforcement
Terrorism Prevention Program;
(B) $80,000,000 for fiscal year 2007 to the Office
of Domestic Preparedness for Critical Infrastructure
Risk Assessment Planning (9/11);
(C) $500,000,000 for each of fiscal year 2007
through 2011 to the Office of Domestic Preparedness to
make grants to State and local governments and tribes
to protect critical infrastructure, including chemical
facilities, nuclear power plants, electrical grids, and
other critical infrastructure;
(D) $500,000,000 for each of fiscal years 2007
through 2011 for port security grants to assist ports
with meeting the requirements in Maritime
Transportation Security Act of 2002 (Public Law 107-
295; 116 Stat. 2064.); and
(E) $200,000,000 for each of fiscal year 2007
through 2011 to the Office of Domestic Preparedness to
make grants for passenger rail, freight rail, and
transit systems.
(2) Responding to terrorist attacks and natural
disasters.--
(A) Authorization of appropriations.--There are
authorized to be appropriated from the Trust Fund--
(i) $1,000,000,000 for each of fiscal years
2007 through 2011 to the Office of Community
Oriented Policing Services to provide grants to
enhance State and local government
interoperable communications efforts, including
interagency planning and purchasing equipment;
(ii) $500,000,000 for each of fiscal years
2007 through 2011 for the Office of Domestic
Preparedness for Fire Act Grants;
(iii) $500,000,000 for each of fiscal years
2007 through 2011 for the Office of Domestic
Preparedness for SAFER Grants;
(iv) $1,000,000,000 for each of fiscal
years 2007 through 2011 for the Office of
Domestic Preparedness to make grants to State
and local governments to improve the public
health capabilities of States and cities to
prevent and respond to biological, chemical, or
radiological attacks and pandemics;
(v) $100,000,000 for each of fiscal years
2007 through 2011 for the Armed Forces
Radiological Research Institute to research,
develop, and deploy medical countermeasures to
address radiation sickness associated with
nuclear or radiological attacks in the United
States; and
(vi) $100,000,000 for each of fiscal years
2007 through 2011 for the Office of Domestic
Preparedness for the purpose of improving State
and local government interagency response
coordination to enable local agencies to
utilize equipment, resources, and personnel of
neighboring agencies in the event of a
terrorist attack or natural catastrophe.
(B) Prevention of delay in reassignment of 24
megahertz for public safety purposes.--Section
309(j)(14) of the Communications Act of 1934 (47 20
U.S.C. 309(j)(14)) is amended by adding at the end the
following:
``(E) Notwithstanding subparagraph (B), the
Commission shall not grant any extension under that
subparagraph from the limitation of subparagraph (A)
with respect to the frequencies assigned, under section
337(a)(1), for public safety services. The Commission
shall take all actions necessary to complete assignment
of the electromagnetic spectrum between 764 and 776
megahertz, inclusive, and between 794 and 806
megahertz, inclusive, for public safety services and to
permit operations by public safety services on those
frequencies commencing not later than January 1,
2007.''.
SEC. 10206. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL ACTIVITIES
FOR HOMELAND SECURITY.
There are authorized to be appropriated from the Trust Fund such
sums as necessary for--
(1) the implementation of the recommendations of the
Commission;
(2) supporting State and local government law enforcement
and crime prevention programs;
(3) protecting critical infrastructure and other high
threat targets such as passenger rail, freight rail, and
transit systems, chemical and nuclear plants;
(4) enhancing the preparedness of the public health sector
to prevent and respond to acts of biological and nuclear
terrorism;
(5) the development of scanning technologies to detect
dangerous substances at United States ports of entry; and
(6) other high risk targets of interest, including
nonprofit organizations.
SEC. 10207. HOMELAND SECURITY SPENDING ADVISORY BOARD.
(a) Establishment of Board.--There is established as an independent
agency within the Executive branch a Homeland Security Spending
Advisory Board (referred to in this section as the ``Board'').
(b) Functions.--
(1) In general.--The Board shall advise Congress and the
Department of Homeland Security relating to--
(A) spending priorities to enhance homeland
security, terrorism prevention, and emergency response;
(B) Federal, State, and local government spending
of homeland security funds to ensure that funds are
allocated appropriately to best secure the homeland;
(C) better procedures for the allocation and
distribution of homeland security funds;
(D) potential misuse of homeland security funding;
and
(E) actions to reduce spending abuse and waste of
homeland security funding.
(2) Reports.--
(A) Review and submission.--
(i) In general.--The Board shall
periodically submit, not less than
semiannually, reports to the appropriate
congressional committees, including the
Committees on the Judiciary of the Senate and
the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of
the Senate, the Committee on Oversight and
Government Reform of the House of
Representatives, the Select Committee on
Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House
of Representatives, the Committee on Homeland
Security of the House of Representatives, and
to the President.
Such reports shall be in unclassified form to
the greatest extent possible, with a classified
annex where necessary.
(ii) Contents.--Not less than 2 reports the
Board submits each year under clause (i) shall
include--
(I) a description of the major
activities of the Board during the
preceding period;
(II) information on the findings,
conclusions, and recommendations of the
Board resulting from its functions
under paragraph (1); and
(III) the minority views on any
findings, conclusions, and
recommendations of the Board resulting
from its functions under paragraph (1).
(B) Informing the public.--The Board shall--
(i) make its reports, including its reports
to Congress, available to the public to the
greatest extent that is consistent with the
protection of classified information and
applicable law; and
(ii) hold public hearings and otherwise
inform the public of its activities, as
appropriate and in a manner consistent with the
protection of classified information and
applicable law.
(c) Access to Information.--
(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this section,
the Board is authorized, to the extent permitted by law, to--
(A) have access from any department or agency of
the executive branch, or any Federal officer or
employee of any such department or agency, to all
relevant records, reports, audits, reviews, documents,
papers, recommendations, or other relevant material,
including classified information consistent with
applicable law;
(B) interview or take statements from officers of
any department or agency of the executive branch;
(C) request information or assistance from any
State, tribal, or local government; and
(D) require, by subpoena issued at the direction of
a majority of the members of the Board, persons (other
than departments, agencies, and elements of the
executive branch) to produce any relevant information,
documents, reports, answers, records, accounts, papers,
and other documentary or testimonial evidence.
(2) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1)(D), the
United States district court for the judicial district in which
the subpoenaed person resides, is served, or may be found may
issue an order requiring such person to produce the evidence
required by such subpoena.
(3) Agency cooperation.--Whenever information or assistance
requested under subparagraph (A) or (B) of paragraph (1) is, in
the judgment of the Board, unreasonably refused or not
provided, the Board shall report the circumstances to the head
of the department or agency concerned without delay. If the
requested information or assistance may be provided to the
Board in accordance with applicable law, the head of the
department or agency concerned shall ensure compliance with
such request.
(4) Exceptions for national security.--
(A) In general.--If the National Intelligence
Director, in consultation with the Attorney General,
determines that it is necessary to withhold information
requested under paragraph (3) to protect the national
security interests of the United States, the head of
the department or agency concerned shall not furnish
such information to the Board.
(B) Certain information.--If the Attorney General
determines that it is necessary to withhold information
requested under paragraph (3) from disclosure to
protect sensitive law enforcement or counterterrorism
information or ongoing operations, the head of the
department or agency concerned shall not furnish such
information to the Board.
(d) Membership.--
(1) Members.--The Board shall be composed of a full-time
chairman and 6 additional members, who shall be appointed by
the President by not later than 6 months after the date of the
enactment of this Act, by and with the advice and consent of
the Senate, which shall move expeditiously following each
nomination.
(2) Qualifications.--
(A) In general.--Members of the Board shall be
selected solely on the basis of their professional
qualifications, achievements, public stature, expertise
as described under subparagraph (B), and relevant
experience, and without regard to political
affiliation, but in no event shall more than 4 members
of the Board be members of the same political party.
The President shall, before appointing an individual
who is not a member of the same political party as the
President consult with the leadership of that party, if
any, in the Senate and House of Representatives.
(B) Expertise.--The Board shall be composed of 7
members of whom--
(i) each shall have expertise in the area
of counter-terrorism, emergency response, or
law enforcement;
(ii) 2 shall have experience of holding
elected or appointed office in State
government;
(iii) 2 shall have experience of holding
elected or appointed office in local
government;
(iv) 2 shall have experience of holding
elected or appointed office in State or local
government (which may include a member who
meets the requirements of clause (i) or (ii))
who has expertise in law enforcement or
terrorism prevention.
(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, officer, or employee of the Federal Government, other
than in the capacity as a member of the Board.
(4) Term.--Each member of the Board shall serve a term of 6
years, except that--
(A) a member appointed to a term of office after
the commencement of such term may serve under such
appointment only for the remainder of such term;
(B) upon the expiration of the term of office of a
member, the member shall continue to serve until the
member's successor has been appointed and qualified,
except that no member may serve under this
subparagraph--
(i) for more than 60 days when Congress is
in session unless a nomination to fill the
vacancy shall have been submitted to the
Senate; or
(ii) after the adjournment sine die of the
session of the Senate in which such nomination
is submitted; and
(C) the members initially appointed under this
subsection shall serve terms of 2, 3, 4, 5, and 6
years, respectively, from the date of enactment of this
Act, with the term of each such member to be designated
by the President.
(5) Quorum and meetings.--The Board shall meet upon the
call of the chairman or a majority of its members. Three
members of the Board shall constitute a quorum.
(e) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman on full-time basis.--If the chairman
serves on a full-time basis, the rate of pay for the
chairman shall be the annual rate of basic pay in
effect for a position at level III of the Executive
Schedule under section 5314 of title 5, United States
Code.
(B) Chairman and vice chairman on part-time
basis.--The chairman, if serving on a part-time basis,
and the vice chairman shall be compensated at a rate
equal to the daily equivalent of the annual rate of
basic pay in effect for a position at level III of the
Executive Schedule under section 5314 of title 5,
United States Code, for each day during which such
official is engaged in the actual performance of the
duties of the Board.
(C) Members.--Each member of the Board shall be
compensated at a rate equal to the daily equivalent of
the annual rate of basic pay in effect for a position
at level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
during which that member is engaged in the actual
performance of the duties of the Board.
(2) Travel expenses.--Members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for persons employed intermittently by the
Federal Government under section 5703(b) of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Board.
(f) Staff.--
(1) Appointment and compensation.--The chairman, in
accordance with rules agreed upon by the Board, shall appoint
and fix the compensation of an executive director and such
other personnel as may be necessary to enable the Board to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(2) Detailees.--Federal employees may be detailed to the
Board without reimbursement from the Board, and such detailee
shall retain the rights, status, and privileges of the
detailee's regular employment without interruption.
(3) Consultant services.--The Board may procure the
temporary or intermittent services of experts and consultants
in accordance with section 3109 of title 5, United States Code,
at rates that do not exceed the daily rate paid a person
occupying a position at level IV of the Executive Schedule
under section 5315 of such title.
(g) Security Clearances.--The appropriate departments and agencies
of the executive branch shall cooperate with the Board to expeditiously
provide Board members and staff with appropriate security clearances to
the extent possible under applicable procedures and requirements.
Promptly upon commencing its work, the Board shall adopt, after
consultation with the Secretary of Defense, the Attorney General, and
the National Intelligence Director, rules and procedures of the Board
for physical, communications, computer, document, personnel, and other
security in relation to the work of the Board.
(h) Applicability of Certain Laws.--
(1) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply with respect to
the Board and its activities.
(2) Freedom of information act.--For purposes of the
Freedom of Information Act, the Board shall be treated as an
agency (as that term is defined in section 551(1) of title 5,
United States Code).
(i) Construction.--Except as otherwise provided in this section,
nothing in this section shall be construed to require any consultation
with the Board by any department or agency of the executive branch or
any Federal officer or employee, or any waiting period that is required
to be observed by any department or agency of the executive branch or
any Federal officer or employee, before developing, proposing, or
implementing any legislation, law, regulation, policy, or guideline
related to efforts to protect the Nation from terrorism.
(j) Presidential Responsibility.--The Board shall perform its
functions within the executive branch and under the general supervision
of the President.
(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
Subtitle C--Commercial Equipment Direct Assistance Program Act of 2007
SEC. 10301. SHORT TITLE.
This subtitle may be cited as the ``Commercial Equipment Direct
Assistance Program Act of 2007''.
SEC. 10302. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following:
``SEC. 316. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.
``(a) In General.--There is established a Commercial Equipment
Direct Assistance Program to provide--
``(1) direct assistance to law enforcement agencies of
local governments by transferring counterterrorism technology
and equipment directly to selected agencies; and
``(2) training and counterterrorism information to law
enforcement agencies of local governments.
``(b) Technology Transfers.--
``(1) In general.--The program under this section shall be
a direct assistance program under which the Director of the
Office of Grants and Training may provide counterterrorism
technology and equipment directly to selected law enforcement
agencies of local government to improve the homeland security
capabilities of such agencies.
``(2) Application.--A law enforcement agency of a local
government desiring a transfer of counterterrorism technology
or equipment under this section shall submit an application at
such time, in such manner, and accompanied by such information
as the Director of the Office of Grants and Training shall
establish.
``(c) Training and Information.--The Director of the Office of
Grants and Training shall--
``(1) in consultation with law enforcement agencies of
local governments, and other entities determined appropriate by
the Director of the Office of Grants and Training, develop and
maintain a comprehensive list of counterterrorism technologies,
equipment, and information; and
``(2) provide appropriate training to law enforcement
agencies of local governments on the use of such technology,
equipment, and information that will be transferred under this
section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $75,000,000 for each of fiscal years 2008 and 2009;
and
``(2) such sums as are necessary for fiscal years 2010
through 2013.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 315
the following:
``Sec. 316. Commercial Equipment Direct Assistance Program.''.
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