[House Report 115-597]
[From the U.S. Government Publishing Office]


115th Congress    }                                            {   Report
                         HOUSE OF REPRESENTATIVES
 2d Session       }                                            {  115-597

======================================================================



 
   PROJECT SAFE NEIGHBORHOODS GRANT PROGRAM AUTHORIZATION ACT OF 2017

                                _______
                                

 March 14, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3249]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3249) to authorize the Project Safe Neighborhoods 
Grant Program, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     6
New Budget Authority and Tax Expenditures........................     6
Congressional Budget Office Cost Estimate........................     6
Duplication of Federal Programs..................................     8
Disclosure of Directed Rule Makings..............................     8
Performance Goals and Objectives.................................     8
Advisory on Earmarks.............................................     8
Section-by-Section Analysis......................................     8
Additional Views.................................................     9

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Project Safe Neighborhoods Grant 
Program Authorization Act of 2017''.

SEC. 2. DEFINITIONS.

  For the purposes of this Act--
          (1) the term ``criminal street gangs'' has the meaning given 
        such term in section 521 of title 18, United States Code;
          (2) the term ``gang crime'' means a felony or misdemeanor 
        crime, under State or Federal law, committed by one or more 
        persons who are a member of, or directly affiliated with, a 
        criminal street gang;
          (3) the term ``transnational organized crime group'' has the 
        meaning given such term in section 36(k)(6) of the State 
        Department Basic Authorities Act of 1956 (22 U.S.C. 
        2708(k)(6));
          (4) the term ``transnational organized crime'' has the 
        meaning given such term in section 36(k)(5) of the State 
        Department Basic Authorities Act of 1956 (22 U.S.C. 
        2708(k)(5)); and
          (5) the term ``firearms offenses'' means an offense under 
        section 922 or 924 of title 18, United States Code.

SEC. 3. ESTABLISHMENT.

  The Attorney General of the United States is authorized to establish 
and carry out a program, to be known as the ``Project Safe 
Neighborhoods Block Grant Program'' or, in this Act, as the 
``Program'', within the Office of Justice Programs at the Department of 
Justice.

SEC. 4. PURPOSE.

  The purpose of the Project Safe Neighborhoods Block Grant Program is 
to foster and improve existing partnerships between Federal, State, and 
local agencies, including the United States Attorney in each Federal 
judicial district, to create safer neighborhoods through sustained 
reductions in violent crimes by--
          (1) developing and executing strategic plans to assist law 
        enforcement agencies in combating gang crimes, including the 
        enforcement of gun laws and drug interdiction; and
          (2) developing intervention and prevention initiatives, 
        including juvenile justice projects and activities which may 
        include street-level outreach, conflict mediation, and the 
        changing of community norms, in order to reduce violence.

SEC. 5. RULES AND REGULATIONS.

  (a) In General.--The Attorney General shall, not later than 60 days 
after the date of enactment of this Act, make rules to create, carry 
out, and administer the Program in accordance with this section.
  (b) Funds To Be Directed to Local Control.--Amounts made available as 
grants under the Program shall be, to the greatest extent practicable, 
locally controlled to address problems that are identified locally
  (c) Regional Gang Task Forces.--30 percent of the amounts made 
available as grants under the Program each fiscal year shall be granted 
to established Regional Gang Task Forces in regions experiencing a 
significant or increased presence of, or high levels of activity from, 
transnational organized crime groups posing threats to community safety 
in terms of violent crime, firearms offenses, human trafficking, 
trafficking and distribution of illegal opioids and heroin, and other 
crimes.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS; CONSOLIDATION OF PROGRAMS.

  (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Program under this Act $50,000,000 for each of 
fiscal years 2018 through 2020.
  (b) Consolidation of Programs.--For each of fiscal years 2018 through 
2022, no funds are authorized to be separately appropriated to the 
Department of Justice Office of Justice Programs for--
          (1) competitive and evidence-based programs to reduce gun 
        crime and gang violence;
          (2) an Edward Byrne Memorial criminal justice innovation 
        program;
          (3) community-based violence prevention initiatives; or
          (4) gang and youth violence education, prevention and 
        intervention, and related activities.

                          Purpose and Summary

    H.R. 3249, the ``Project Safe Neighborhoods Grant Program 
Authorization Act of 2017,'' officially authorizes the Project 
Safe Neighborhoods (``PSN'') Block Grant Program. The 
activities the Program will cover were previously only 
authorized through appropriations of other grants. The bill 
permits the Attorney General to authorize the PSN Block Grant 
Program for the purpose of combating violent gang crimes, by 
facilitating partnerships between Federal, State, and local 
agencies, including the United States Attorney in each Federal 
judicial district. The Program grants will be used to develop 
strategic initiatives to combat crime and also for developing 
prevention initiatives, such as community outreach. The 
legislation provides the localities receiving grants with 
control, to the extent practicable, over how the funds are to 
be used to ensure local law enforcement has the flexibility to 
put funds toward problems they have identified. It also 
allocates 30 percent of the funds to go toward regional task 
forces in areas with a significant or increased presence of 
criminal activity caused by gangs. The bill further 
consolidates programs within the Department of Justice's Office 
of Justice Programs to be funded through the PSN Block Grant 
Program.

                Background and Need for the Legislation

    Street gang activity in the United States is on the rise. 
Gangs are actively recruiting middle and high school aged 
children across the country. Specifically, the FBI has pointed 
to transnational gangs, such as MS-13, as becoming an 
increasingly troublesome problem. While MS-13 is not the 
largest gang in the country, it is increasingly the most 
violent and well-organized. With leadership based in El 
Salvador and Honduras, it is clear that our local law 
enforcement agencies need additional resources to confront this 
organization and others, including the option to participate in 
regional anti-gang task forces.
    In recent years, it has been increasingly difficult for law 
enforcement agencies across the nation to obtain grants to 
adequately fund these task forces. For instance, in Northern 
Virginia, the Regional Gang Task Force has gone from an annual 
budget of $3 million in 2012 to $325,000 today. During that 
same time, gangs have seen a surge in recruitment, and the 
public has seen an increasing amount of gang-related violent 
crime. Working with members of the community, including 
teachers, guidance counselors, and parents, law enforcement 
personnel are able to recognize at-risk youths and offer help 
and guidance on how to avoid getting involved with a gang in 
the first place.
    Project Safe Neighborhoods was established in 2001 as an 
initiative within the Department of Justice's Bureau of Justice 
Assistance. The program, which was based in part on Richmond, 
Virginia's Project Exile,\1\ represented a nationwide 
commitment to reduce gun and gang crime in America by 
networking existing local programs that target gun crime and 
provided these programs with the tools necessary to be 
successful. In recent years, however, funding for the program 
has dwindled. The Attorney General recently announced his 
intent to rejuvenate this program.\2\ This legislation will 
help the Department of Justice achieve this goal.
---------------------------------------------------------------------------
    \1\See ``Project Exile, U.S. Attorney's Office-- Eastern District 
of Virginia, available at https://www.ojjdp.gov/pubs/gun_violence/
profile38.html.
    \2\``Attorney General Sessions Announces Reinvigoration of Project 
Safe Neighborhoods and Other Actions to Reduce Rising Tide of Violent 
Crime,'' U.S. Department of Justice, October 5, 2017, available at 
https://www.justice.gov/opa/pr/attorney-general-sessions-announces-
reinvigoration-project-safe-neighborhoods-and-other.
---------------------------------------------------------------------------

                                Hearings

    The Subcommittee on Crime held a hearing on gang violence 
on July 20, 2017. Testimony was received from Mr. Kenneth 
Blanco, Acting Assistant Attorney General of the Criminal 
Division, U.S. Department of Justice; Mr. Marc Vanek, Board 
Advisory Member, Midwest Gang Investigators Association, 
Illinois Chapter; Captain Chris Marks, Los Angeles County 
Sheriff's Department; and, Dr. Gary Slutkin, Founder, Cure 
Violence.

                        Committee Consideration

    On November 2, 2017, the Committee met in open session and 
ordered the bill (H.R. 3249) favorably reported, with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call votes occurred during the Committee's 
consideration of H.R. 3249.
    1. An Amendment, offered by Ms. Jackson-Lee to strike the 
consolidation of programs within the Department of Justice's 
Office of Justice Programs. The amendment was defeated by a 
roll call vote of 12 to 16.

                             ROLLCALL NO. 1
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Issa (CA)..................................              X
Mr. King (IA)..................................
Mr. Franks (AZ)................................              X
Mr. Gohmert (TX)...............................              X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................
Mr. Buck (CO)..................................              X
Mr. Ratcliffe (TX).............................              X
Ms. Roby (AL)..................................
Mr. Gaetz (FL).................................              X
Mr. Johnson (LA)...............................              X
Mr. Biggs (AZ).................................              X
Mr. Rutherford (FL)............................              X
Ms. Handel (GA)................................              X
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................      X
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................      X
Mr. Swalwell (CA)..............................
Mr. Lieu (CA)..................................
Mr. Raskin (MD)................................      X
Ms. Jayapal (WA)...............................      X
Mr. Schneider (IL).............................      X
                                                ------------------------
    Total......................................     12      16
------------------------------------------------------------------------

    2. An Amendment, offered by Chairman Goodlatte to clarify 
the purpose of the Program includes prevention programs, 
increase funding to regional task forces, and lower the 
authorization level to $50 million to comply with House Rules. 
The amendment was approved by a roll call vote of 15 to 11.

                             ROLLCALL NO. 2
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................      X
Mr. Smith (TX).................................
Mr. Chabot (OH)................................      X
Mr. Issa (CA)..................................      X
Mr. King (IA)..................................
Mr. Franks (AZ)................................      X
Mr. Gohmert (TX)...............................      X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................      X
Mr. Farenthold (TX)............................
Mr. Collins (GA)...............................      X
Mr. DeSantis (FL)..............................
Mr. Buck (CO)..................................      X
Mr. Ratcliffe (TX).............................      X
Ms. Roby (AL)..................................
Mr. Gaetz (FL).................................      X
Mr. Johnson (LA)...............................      X
Mr. Biggs (AZ).................................
Mr. Rutherford (FL)............................      X
Ms. Handel (GA)................................      X
 
Mr. Conyers, Jr. (MI), Ranking Member..........              X
Mr. Nadler (NY)................................              X
Ms. Lofgren (CA)...............................              X
Ms. Jackson Lee (TX)...........................              X
Mr. Cohen (TN).................................              X
Mr. Johnson (GA)...............................              X
Mr. Deutch (FL)................................              X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Mr. Jeffries (NY)..............................
Mr. Cicilline (RI).............................              X
Mr. Swalwell (CA)..............................
Mr. Lieu (CA)..................................
Mr. Raskin (MD)................................              X
Ms. Jayapal (WA)...............................              X
Mr. Schneider (IL).............................              X
                                                ------------------------
    Total......................................     15      11
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House ofRepresentatives, the Committee sets forth, with 
respect to the bill, H.R. 3249, the following estimate and comparison 
prepared by the Director of the Congressional Budget Office under 
section 402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 20, 2017.
Hon. Bob Goodlatte,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3249, the Project 
Safe Neighborhoods Grant Program Authorization Act of 2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

cc:
        Honorable John Conyers Jr.
        Ranking Member




 H.R. 3249--Project Safe Neighborhoods Grant Program Authorization Act 
                                of 2017


As ordered reported by the House Committee on the Judiciary on November 
                                2, 2017




    H.R. 3249 would authorize the appropriation of $50 million 
annually over the 2018-2020 period for the Department of 
Justice to make grants to state and local governments to 
support intergovernmental partnerships that would aim to reduce 
violent crime, including that perpetrated by street gangs. 
Assuming appropriation of the authorized amounts, CBO estimates 
that implementing H.R. 3249 would cost $130 million over the 
2018-2022 period, with the remaining amounts spent in 
subsequent years.
    The costs of the bill fall within budget function 750 
(administration of justice) and are shown in the following 
table. Estimated outlays are based on the historical rate of 
spending for similar programs.

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2018     2019     2020     2021     2022   2018-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level.....................................       50       50       50        0        0       150
Estimated Outlays.......................................       11       26       36       33       24       130
----------------------------------------------------------------------------------------------------------------

    Enacting H.R. 3249 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 3249 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    H.R. 3249 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 3249 establishes or reauthorizes a 
program of the Federal government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee states that H.R. 3249 specifically directs 
the Attorney General to conduct one rule making within the 
meaning of 5 U.S.C. Sec. 551. The rulemaking directs the 
Attorney General to by rule create rules and regulations to 
carry out the program created by the bill within 60 days of the 
date of enactment.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3249 authorizes the Project Safe Neighborhoods Block Grant 
Program for the purpose of combating violent gang crimes by 
facilitating partnerships between federal, state, and local 
agencies, including the United States Attorney in each federal 
judicial district, so they may develop strategic plans to 
combat crimes and develop initiatives for crime prevention.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3249 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Section 1. Short title. Section 1 sets forth the short 
title of the bill as the ``Project Safe Neighborhoods Grant 
Program Authorization Act of 2017''
    Sec. 2. Definitions. This section defines certain terms 
involving gangs and organized crimes, using other provisions of 
the United States Code.
    Sec. 3. Establishment. This section authorizes the Attorney 
General to establish and operate the ``Project Safe 
Neighborhoods Block Grant Program'' within the Office of 
Justice Programs.
    Sec. 4. Purpose. This section states that the purpose of 
this program is to improve existing partnerships between 
Federal, State, and local agencies, to create safer 
neighborhoods through sustained reductions in crimes, 
especially violent crimes committed by gangs, by developing 
strategic plans to assist law enforcement in combating gang 
violence and by developing intervention and prevention 
initiatives that reduce violence.
    Sec. 5. Rules and regulations. This section:
          (a) Requires the Attorney General to create rules and 
        regulations to carry out the program within 60 days of 
        the enactment of the bill;
          (b) Directs that the funds, to the extent possible, 
        be locally controlled; and
          (c) Mandates that 30 percent of the amounts allocated 
        be used to create regional task forces in regions with 
        a significant or increased presence of criminal 
        activity caused by gangs.
    Sec. 6. Authorization of appropriations; Consolidation of 
programs. This section authorizes $50 million for this program 
for fiscal years between 2018-2020. It further consolidates 
programs within the Department of Justice's Office of Justice 
Programs to fall within the PSN Program.

                            Additional Views

    We support providing additional resources to help local 
jurisdictions prevent and fight crime in their communities, and 
therefore support H.R. 3249, the ``Project Safe Neighborhoods 
Grant Program Authorization Act of 2017.'' The bill would 
authorize the Attorney General to establish and implement a 
program, to be known as the ``Project Safe Neighborhoods Block 
Grant Program'' (Program), within the Office of Justice 
Programs (OJP) at the Department of Justice (DOJ), thereby 
providing a formal authorization for the Project Safe 
Neighborhoods Program currently implemented by DOJ. A portion 
of the funding awards under the Program would be allocated to 
fighting gang-related crime. Although we support authorizing 
this Program, we write separately to highlight two concerns.
    First, a substantial portion of the funding under this bill 
would be dedicated to anti-gang task forces. We support 
preventing and fighting crime no matter who the perpetrator may 
be, but we must be careful to avoid targeting groups of young 
people who are not engaged in crime, and also avoid using law 
enforcement as a means to target anyone because of their 
ethnicity or national origin. Too often, the rhetoric of 
fighting gangs has been laced with racial bias. We cannot 
ignore that unfortunate reality of current times. Therefore, we 
must be vigilant in conducting oversight of the use of Program 
funds and in protecting against such possible abuse.
    Second, we have serious concerns about the provisions of 
the bill that would prevent funding for certain programs, for 
fiscal years 2018 through 2022. The bill would prevent funding 
for (1) competitive and evidence-based programs to reduce gun 
crime and gang violence; (2) an Edward Byrne Memorial criminal 
justice innovation program; (3) community-based violence 
prevention initiatives; and (4) gang and youth violence 
education, prevention and intervention, and related activities. 
Although the Majority proposes these funding prohibitions to 
comply with House Republican ``cut-go'' requirements so that 
$50 million may be authorized for the Program, we reject the 
false choice that other equally worthy initiatives must be 
sacrificed in order to authorize the Program.
    The Program would be but one facet of DOJ's efforts to 
address gun and gang violence at the local, state, and tribal 
levels. We should view it as an effort to supplement, not 
supplant, other DOJ efforts that may employ different 
approaches to combatting gun and gang violence. None of the 
funding prohibitions would serve the interests of public 
safety. For instance, the bill would eliminate the Byrne 
Criminal Justice Innovation Program (BCJI) which, when 
implemented, helps local governments develop crime reduction 
strategies to address crime ``hot spots'' that generate a 
significant amount of crime within the larger community or 
jurisdiction. BCJI is a community-based strategy that aims to 
prevent and control violent crime, drug abuse, and gang 
activity in high crime neighborhoods by providing funding to 
support partnerships between law enforcement agencies and 
community-based organizations that balance targeted enforcement 
with prevention, intervention, and neighborhood restoration 
services. In the past, OJP has coordinated the efforts of this 
program with related efforts to promote neighborhood 
revitalization by the Departments of Housing and Urban 
Development and Education.\1\ We see no reason to eliminate 
funding for this program, which is a very useful additional 
strategy to making our communities safer.
---------------------------------------------------------------------------
    \1\U.S. Department of Justice, Office of Justice Programs, ``FY 
2017 Budget Request at a Glance'' available at https://www.justice.gov/
jmd/file/822111/download.
---------------------------------------------------------------------------
    During the Committee's consideration of the H.R. 3249, we 
expressed these funding concerns in response to an amendment 
offered by Chairman Bob Goodlatte (R-VA). Representative Sheila 
Jackson Lee (D-TX) offered an amendment to the Goodlatte 
amendment, in an effort to eliminate these funding 
restrictions, but the amendment failed on a party line vote of 
12 to 16. The Goodlatte amendment was then adopted by a party 
line vote of 15 to 11. As the bill progresses to the floor, we 
urge that these funding prohibitions be eliminated.
    For these reasons, we support providing a formal 
authorization for the Project Safe Neighborhoods Program, but 
we caution against its possible abuse and believe restricting 
the funding of alternative public safety programs is 
unnecessary and counterproductive.
                                   MR. NADLER.
                                   MS. LOFGREN.
                                   MS. JACKSON LEE.
                                   MR. COHEN.
                                   MR. JOHNSON, JR.
                                   MR. DEUTCH.
                                   MR. GUTIERREZ.
                                   MS. BASS.
                                   MR. RICHMOND.
                                   MR. JEFFRIES.
                                   MR. CICILLINE.
                                   MR. LIEU.
                                   MS. JAYAPAL.
                                   MR. RASKIN.