H. Rept. 115-597 - PROJECT SAFE NEIGHBORHOODS GRANT PROGRAM AUTHORIZATION ACT OF 2017115th Congress (2017-2018)
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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.