II 

111TH CONGRESS 

1ST SESSION S. 132 

To increase and enhance law enforcement resources committed to investigation 

and prosecution of violent gangs, to deter and punish violent gang crime, 

to protect law-abiding citizens and communities from violent criminals, 

to revise and enhance criminal penalties for violent crimes, to expand 

and improve gang prevention programs, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 6, 2009 

Mrs. FEINSTEIN (for herself, Mr. HATCH, Mr. BAYH, Mr. KERRY, Mrs. MURRAY, Mr. KYL, Mr. SPECTER, Mr. SCHUMER, and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, 

to deter and punish violent gang crime, to protect lawabiding citizens and communities from violent criminals, 

to revise and enhance criminal penalties for violent 

crimes, to expand and improve gang prevention programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Gang Abatement and 

3 Prevention Act of 2009’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Findings. 

TITLE I—NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT 

VIOLENT NATIONAL, INTERNATIONAL, REGIONAL, AND LOCAL 

GANGS THAT AFFECT INTERSTATE AND FOREIGN COMMERCE 

Sec. 101. Revision and extension of penalties related to criminal street gang activity. 

TITLE II—VIOLENT CRIME REFORMS TO REDUCE GANG 

VIOLENCE 

Sec. 201. Violent crimes in aid of racketeering activity. 

Sec. 202. Murder and other violent crimes committed during and in relation to 

a drug trafficking crime. 

Sec. 203. Expansion of rebuttable presumption against release of persons 

charged with firearms offenses. 

Sec. 204. Statute of limitations for violent crime. 

Sec. 205. Study of hearsay exception for forfeiture by wrongdoing. 

Sec. 206. Possession of firearms by dangerous felons. 

Sec. 207. Conforming amendment. 

Sec. 208. Amendments relating to violent crime. 

Sec. 209. Publicity campaign about new criminal penalties. 

Sec. 210. Statute of limitations for terrorism offenses. 

Sec. 211. Crimes committed in Indian country or exclusive Federal jurisdiction 

as racketeering predicates. 

Sec. 212. Predicate crimes for authorization of interception of wire, oral, and 

electronic communications. 

Sec. 213. Clarification of Hobbs Act. 

Sec. 214. Interstate tampering with or retaliation against a witness, victim, or 

informant in a State criminal proceeding. 

Sec. 215. Amendment of sentencing guidelines. 

TITLE III—INCREASED FEDERAL RESOURCES TO DETER AND 

PREVENT SERIOUSLY AT-RISK YOUTH FROM JOINING ILLEGAL 

STREET GANGS AND FOR OTHER PURPOSES 

Sec. 301. Designation of and assistance for high intensity gang activity areas. 

Sec. 302. Gang prevention grants. 

Sec. 303. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs. 

Sec. 304. Additional resources needed by the Federal Bureau of Investigation 

to investigate and prosecute violent criminal street gangs. 

Sec. 305. Grants to prosecutors and law enforcement to combat violent crime. 


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Sec. 306. Expansion and reauthorization of the mentoring initiative for system 

involved youth. 

Sec. 307. Demonstration grants to encourage creative approaches to gang activity and after-school programs. 

Sec. 308. Short-Term State Witness Protection Section. 

Sec. 309. Witness protection services. 

Sec. 310. Expansion of Federal witness relocation and protection program. 

Sec. 311. Family abduction prevention grant program. 

Sec. 312. Study on adolescent development and sentences in the Federal system. 

Sec. 313. National youth anti-heroin media campaign. 

Sec. 314. Training at the national advocacy center. 

TITLE IV—CRIME PREVENTION AND INTERVENTION STRATEGIES 

Sec. 401. Short title. 

Sec. 402. Purposes. 

Sec. 403. Definitions. 

Sec. 404. National Commission on Public Safety Through Crime Prevention. 

Sec. 405. Innovative crime prevention and intervention strategy grants. 

1 SEC. 3. FINDINGS. 

2 Congress finds that— 

3 (1) violent crime and drug trafficking are per4 vasive problems at the national, State, and local 

5 level; 

6 (2) according to recent Federal Bureau of In7 vestigation, Uniform Crime Reports, violent crime in 

8 the United States is on the rise, with a 2.3 percent 

9 increase in violent crime in 2005 (the largest in10 crease in the United States in 15 years) and an even 

11 larger 3.7 percent jump during the first 6 months 

12 of 2006, and the Police Executive Research Forum 

13 reports that, among jurisdictions providing informa14 tion, homicides are up 10.21 percent, robberies are 

15 up 12.27 percent, and aggravated assaults with fire16 arms are up 9.98 percent since 2004; 


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1 (3) these disturbing rises in violent crime are 

2 attributable in part to the spread of criminal street 

3 gangs and the willingness of gang members to com4 mit acts of violence and drug trafficking offenses; 

5 (4) according to a recent National Drug Threat 

6 Assessment, criminal street gangs are responsible for 

7 much of the retail distribution of the cocaine, meth8 amphetamine, heroin, and other illegal drugs being 

9 distributed in rural and urban communities through10 out the United States; 

11 (5) gangs commit acts of violence or drug of12 fenses for numerous motives, such as membership in 

13 or loyalty to the gang, for protecting gang territory, 

14 and for profit; 

15 (6) gang presence and intimidation, and the or16 ganized and repetitive nature of the crimes that 

17 gangs and gang members commit, has a pernicious 

18 effect on the free flow of interstate commercial ac19 tivities and directly affects the freedom and security 

20 of communities plagued by gang activity, dimin21 ishing the value of property, inhibiting the desire of 

22 national and multinational corporations to transact 

23 business in those communities, and in a variety of 

24 ways directly and substantially affecting interstate 

25 and foreign commerce; 


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1 (7) gangs often recruit and utilize minors to en2 gage in acts of violence and other serious offenses 

3 out of a belief that the criminal justice systems are 

4 more lenient on juvenile offenders; 

5 (8) gangs often intimidate and threaten wit6 nesses to prevent successful prosecutions; 

7 (9) gangs prey upon and incorporate minors 

8 into their ranks, exploiting the fact that adolescents 

9 have immature decision-making capacity, therefore, 

10 gang activity and recruitment can be reduced and 

11 deterred through increased vigilance, appropriate 

12 criminal penalties, partnerships between Federal and 

13 State and local law enforcement, and proactive pre14 vention and intervention efforts, particularly tar15 geted at juveniles and young adults, prior to and 

16 even during gang involvement; 

17 (10) State and local prosecutors and law en18 forcement officers, in hearings before the Committee 

19 on the Judiciary of the Senate and elsewhere, have 

20 enlisted the help of Congress in the prevention, in21 vestigation, and prosecution of gang crimes and in 

22 the protection of witnesses and victims of gang 

23 crimes; and 

24 (11) because State and local prosecutors and 

25 law enforcement have the expertise, experience, and 


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1 connection to the community that is needed to assist 

2 in combating gang violence, consultation and coordi3 nation between Federal, State, and local law enforce4 ment and collaboration with other community agen5 cies is critical to the successful prosecutions of 

6 criminal street gangs and reduction of gang prob7 lems. 

8 TITLE I—NEW FEDERAL CRIMI9 NAL LAWS NEEDED TO FIGHT 

10 VIOLENT NATIONAL, INTER11 NATIONAL, REGIONAL, AND 

12 LOCAL GANGS THAT AFFECT 

13 INTERSTATE AND FOREIGN 

14 COMMERCE 

15 SEC. 101. REVISION AND EXTENSION OF PENALTIES RE16 LATED TO CRIMINAL STREET GANG ACTIV17 ITY. 

18 (a) IN GENERAL.—Chapter 26 of title 18, United 

19 States Code, is amended to read as follows: 

20 ‘‘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. 

21 ‘‘SEC. 521. DEFINITIONS. 

22 ‘‘In this chapter: 


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1 ‘‘(1) CRIMINAL STREET GANG.—The term 

2 ‘criminal street gang’ means a formal or informal 

3 group, organization, or association of 5 or more indi4 viduals— 

5 ‘‘(A) each of whom has committed at least 

6 1 gang crime; and 

7 ‘‘(B) who collectively commit 3 or more 

8 gang crimes (not less than 1 of which is a seri9 ous violent felony), in separate criminal epi10 sodes (not less than 1 of which occurs after the 

11 date of enactment of the Gang Abatement and 

12 Prevention Act of 2009, and the last of which 

13 occurs not later than 5 years after the commis14 sion of a prior gang crime (excluding any time 

15 of imprisonment for that individual)). 

16 ‘‘(2) GANG CRIME.—The term ‘gang crime’ 

17 means an offense under Federal law punishable by 

18 imprisonment for more than 1 year, or a felony of19 fense under State law that is punishable by a term 

20 of imprisonment of 5 years or more in any of the 

21 following categories: 

22 ‘‘(A) A crime that has as an element the 

23 use, attempted use, or threatened use of phys24 ical force against the person of another, or is 

25 burglary, arson, kidnapping, or extortion. 


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1 ‘‘(B) A crime involving obstruction of jus2 tice, or tampering with or retaliating against a 

3 witness, victim, or informant. 

4 ‘‘(C) A crime involving the manufacturing, 

5 importing, distributing, possessing with intent 

6 to distribute, or otherwise trafficking in a con7 trolled substance or listed chemical (as those 

8 terms are defined in section 102 of the Con9 trolled Substances Act (21 U.S.C. 802)). 

10 ‘‘(D) Any conduct punishable under— 

11 ‘‘(i) section 844 (relating to explosive 

12 materials); 

13 ‘‘(ii) subsection (a)(1), (d), (g)(1) 

14 (where the underlying conviction is a vio15 lent felony or a serious drug offense (as 

16 those terms are defined in section 924(e)), 

17 (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), 

18 (g)(10), (g)(11), (i), (j), (k), (n), (o), (p), 

19 (q), (u), or (x) of section 922 (relating to 

20 unlawful acts); 

21 ‘‘(iii) subsection (b), (c), (g), (h), (k), 

22 (l), (m), or (n) of section 924 (relating to 

23 penalties); 


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1 ‘‘(iv) section 930 (relating to posses2 sion of firearms and dangerous weapons in 

3 Federal facilities); 

4 ‘‘(v) section 931 (relating to purchase, 

5 ownership, or possession of body armor by 

6 violent felons); 

7 ‘‘(vi) sections 1028 and 1029 (relating 

8 to fraud, identity theft, and related activity 

9 in connection with identification documents 

10 or access devices); 

11 ‘‘(vii) section 1084 (relating to trans12 mission of wagering information); 

13 ‘‘(viii) section 1952 (relating to inter14 state and foreign travel or transportation 

15 in aid of racketeering enterprises); 

16 ‘‘(ix) section 1956 (relating to the 

17 laundering of monetary instruments); 

18 ‘‘(x) section 1957 (relating to engag19 ing in monetary transactions in property 

20 derived from specified unlawful activity); 

21 or 

22 ‘‘(xi) sections 2312 through 2315 (re23 lating to interstate transportation of stolen 

24 motor vehicles or stolen property). 


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1 ‘‘(E) Any conduct punishable under section 

2 274 (relating to bringing in and harboring cer3 tain aliens), section 277 (relating to aiding or 

4 assisting certain aliens to enter the United 

5 States), or section 278 (relating to importation 

6 of aliens for immoral purposes) of the Immigra7 tion and Nationality Act (8 U.S.C. 1324, 1327, 

8 and 1328). 

9 ‘‘(F) Any crime involving aggravated sex10 ual abuse, sexual assault, pimping or pandering 

11 involving prostitution, sexual exploitation of 

12 children (including sections 2251, 2251A, 2252 

13 and 2260), peonage, slavery, or trafficking in 

14 persons (including sections 1581 through 1592) 

15 and sections 2421 through 2427 (relating to 

16 transport for illegal sexual activity). 

17 ‘‘(3) MINOR.—The term ‘minor’ means an indi18 vidual who is less than 18 years of age. 

19 ‘‘(4) SERIOUS VIOLENT FELONY.—The term 

20 ‘serious violent felony’ has the meaning given that 

21 term in section 3559. 

22 ‘‘(5) STATE.—The term ‘State’ means each of 

23 the several States of the United States, the District 

24 of Columbia, and any commonwealth, territory, or 

25 possession of the United States. 


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1 ‘‘SEC. 522. CRIMINAL STREET GANG PROSECUTIONS. 

2 ‘‘(a) STREET GANG CRIME.—It shall be unlawful for 

3 any person to knowingly commit, or conspire, threaten, or 

4 attempt to commit, a gang crime for the purpose of fur5 thering the activities of a criminal street gang, or gaining 

6 entrance to or maintaining or increasing position in a 

7 criminal street gang, if the activities of that criminal street 

8 gang occur in or affect interstate or foreign commerce. 

9 ‘‘(b) PENALTY.—Any person who violates subsection 

10 (a) shall be fined under this title and— 

11 ‘‘(1) for murder, kidnapping, conduct that 

12 would violate section 2241 if the conduct occurred in 

13 the special maritime and territorial jurisdiction of 

14 the United States, or maiming, imprisonment for 

15 any term of years or for life; 

16 ‘‘(2) for any other serious violent felony, by im17 prisonment for not more than 30 years; 

18 ‘‘(3) for any crime of violence that is not a seri19 ous violent felony, by imprisonment for not more 

20 than 20 years; and 

21 ‘‘(4) for any other offense, by imprisonment for 

22 not more than 10 years. 

23 ‘‘SEC. 523. RECRUITMENT OF PERSONS TO PARTICIPATE IN 

24 A CRIMINAL STREET GANG. 

25 ‘‘(a) PROHIBITED ACTS.—It shall be unlawful to 

26 knowingly recruit, employ, solicit, induce, command, coVerDate Nov 24 2008 21:24 Jan 07, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S132.IS S132

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1 erce, or cause another person to be or remain as a member 

2 of a criminal street gang, or attempt or conspire to do 

3 so, with the intent to cause that person to participate in 

4 a gang crime, if the defendant travels in interstate or for5 eign commerce in the course of the offense, or if the activi6 ties of that criminal street gang are in or affect interstate 

7 or foreign commerce. 

8 ‘‘(b) PENALTIES.—Whoever violates subsection (a) 

9 shall— 

10 ‘‘(1) if the person recruited, employed, solicited, 

11 induced, commanded, coerced, or caused to partici12 pate or remain in a criminal street gang is a 

13 minor— 

14 ‘‘(A) be fined under this title, imprisoned 

15 not more than 10 years, or both; and 

16 ‘‘(B) at the discretion of the sentencing 

17 judge, be liable for any costs incurred by the 

18 Federal Government, or by any State or local 

19 government, for housing, maintaining, and 

20 treating the minor until the person attains the 

21 age of 18 years; 

22 ‘‘(2) if the person who recruits, employs, solic23 its, induces, commands, coerces, or causes the par24 ticipation or remaining in a criminal street gang is 

25 incarcerated at the time the offense takes place, be 


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1 fined under this title, imprisoned not more than 10 

2 years, or both; and 

3 ‘‘(3) in any other case, be fined under this title, 

4 imprisoned not more than 5 years, or both. 

5 ‘‘(c) CONSECUTIVE NATURE OF PENALTIES.—Any 

6 term of imprisonment imposed under subsection (b)(2) 

7 shall be consecutive to any term imposed for any other 

8 offense. 

9 ‘‘SEC. 524. VIOLENT CRIMES IN FURTHERANCE OF CRIMI10 NAL STREET GANGS. 

11 ‘‘(a) IN GENERAL.—It shall be unlawful for any per12 son, for the purpose of gaining entrance to or maintaining 

13 or increasing position in, or in furtherance of, or in asso14 ciation with, a criminal street gang, or as consideration 

15 for anything of pecuniary value to or from a criminal 

16 street gang, to knowingly commit or threaten to commit 

17 against any individual a crime of violence that is an of18 fense under Federal law punishable by imprisonment for 

19 more than 1 year or a felony offense under State law that 

20 is punishable by a term of imprisonment of 5 years or 

21 more, or attempt or conspire to do so, if the activities of 

22 the criminal street gang occur in or affect interstate or 

23 foreign commerce. 

24 ‘‘(b) PENALTY.—Any person who violates subsection 

25 (a) shall be punished by a fine under this title and— 


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1 ‘‘(1) for murder, kidnapping, conduct that 

2 would violate section 2241 if the conduct occurred in 

3 the special maritime and territorial jurisdiction of 

4 the United States, or maiming, by imprisonment for 

5 any term of years or for life; 

6 ‘‘(2) for a serious violent felony other than one 

7 described in paragraph (1), by imprisonment for not 

8 more than 30 years; and 

9 ‘‘(3) in any other case, by imprisonment for not 

10 more than 20 years. 

11 ‘‘SEC. 525. FORFEITURE. 

12 ‘‘(a) CRIMINAL FORFEITURE.—A person who is con13 victed of a violation of this chapter shall forfeit to the 

14 United States— 

15 ‘‘(1) any property used, or intended to be used, 

16 in any manner or part, to commit, or to facilitate 

17 the commission of, the violation; and 

18 ‘‘(2) any property constituting, or derived from, 

19 any proceeds obtained, directly or indirectly, as a re20 sult of the violation. 

21 ‘‘(b) PROCEDURES APPLICABLE.—Pursuant to sec22 tion 2461(c) of title 28, the provisions of section 413 of 

23 the Controlled Substances Act (21 U.S.C. 853), except 

24 subsections (a) and (d) of that section, shall apply to the 

25 criminal forfeiture of property under this section.’’. 


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1 (b) AMENDMENT RELATING TO PRIORITY OF FOR2 FEITURE OVER ORDERS FOR RESTITUTION.—Section 

3 3663(c)(4) of title 18, United States Code, is amended 

4 by striking ‘‘chapter 46 or’’ and inserting ‘‘chapter 26, 

5 chapter 46, or’’. 

6 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

7 title 18, United States Code, is amended by inserting ‘‘, 

8 section 522 (relating to criminal street gang prosecutions), 

9 523 (relating to recruitment of persons to participate in 

10 a criminal street gang), and 524 (relating to violent crimes 

11 in furtherance of criminal street gangs)’’ before ‘‘, section 

12 541’’. 

13 (d) AMENDMENT OF SPECIAL SENTENCING PROVI14 SION PROHIBITING PRISONER COMMUNICATIONS.—Sec15 tion 3582(d) of title 18, United States Code, is amended— 

16 (1) by inserting ‘‘chapter 26 (criminal street 

17 gangs),’’ before ‘‘chapter 95’’; and 

18 (2) by inserting ‘‘a criminal street gang or’’ be19 fore ‘‘an illegal enterprise’’. 


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1 TITLE II—VIOLENT CRIME RE2 FORMS TO REDUCE GANG VI3 OLENCE 

4 SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING AC5 TIVITY. 

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

7 amended— 

8 (1) in the matter preceding paragraph (1)— 

9 (A) by inserting ‘‘or in furtherance or in 

10 aid of an enterprise engaged in racketeering ac11 tivity,’’ before ‘‘murders,’’; and 

12 (B) by inserting ‘‘engages in conduct that 

13 would violate section 2241 if the conduct oc14 curred in the special maritime and territorial 

15 jurisdiction of the United States,’’ before 

16 ‘‘maims,’’; 

17 (2) in paragraph (1), by inserting ‘‘conduct 

18 that would violate section 2241 if the conduct oc19 curred in the special maritime and territorial juris20 diction of the United States, or maiming,’’ after 

21 ‘‘kidnapping,’’; 

22 (3) in paragraph (2), by striking ‘‘maiming’’ 

23 and inserting ‘‘assault resulting in serious bodily in24 jury’’; 


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1 (4) in paragraph (3), by striking ‘‘or assault re2 sulting in serious bodily injury’’; 

3 (5) in paragraph (4)— 

4 (A) by striking ‘‘five years’’ and inserting 

5 ‘‘10 years’’; and 

6 (B) by adding ‘‘and’’ at the end; and 

7 (6) by striking paragraphs (5) and (6) and in8 serting the following: 

9 ‘‘(5) for attempting or conspiring to commit 

10 any offense under this section, by the same penalties 

11 (other than the death penalty) as those prescribed 

12 for the offense, the commission of which was the ob13 ject of the attempt or conspiracy.’’. 

14 SEC. 202. MURDER AND OTHER VIOLENT CRIMES COM15 MITTED DURING AND IN RELATION TO A 

16 DRUG TRAFFICKING CRIME. 

17 (a) IN GENERAL.—Part D of the Controlled Sub18 stances Act (21 U.S.C. 841 et seq.) is amended by adding 

19 at the end the following: 

20 ‘‘SEC. 424. MURDER AND OTHER VIOLENT CRIMES COM21 MITTED DURING AND IN RELATION TO A 

22 DRUG TRAFFICKING CRIME. 

23 ‘‘(a) IN GENERAL.—Whoever, during and in relation 

24 to any drug trafficking crime, knowingly commits any 

25 crime of violence against any individual that is an offense 


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1 under Federal law punishable by imprisonment for more 

2 than 1 year or a felony offense under State law that is 

3 punishable by a term of imprisonment of 5 years or more, 

4 or threatens, attempts or conspires to do so, shall be pun5 ished by a fine under title 18, United States Code, and— 

6 ‘‘(1) for murder, kidnapping, conduct that 

7 would violate section 2241 if the conduct occurred in 

8 the special maritime and territorial jurisdiction of 

9 the United States, or maiming, by imprisonment for 

10 any term of years or for life; 

11 ‘‘(2) for a serious violent felony (as defined in 

12 section 3559 of title 18, United States Code) other 

13 than one described in paragraph (1) by imprison14 ment for not more than 30 years; 

15 ‘‘(3) for a crime of violence that is not a serious 

16 violent felony, by imprisonment for not more than 

17 20 years; and 

18 ‘‘(4) in any other case by imprisonment for not 

19 more than 10 years. 

20 ‘‘(b) VENUE.—A prosecution for a violation of this 

21 section may be brought in— 

22 ‘‘(1) the judicial district in which the murder or 

23 other crime of violence occurred; or 

24 ‘‘(2) any judicial district in which the drug traf25 ficking crime may be prosecuted. 


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1 ‘‘(c) DEFINITIONS.—In this section— 

2 ‘‘(1) the term ‘crime of violence’ has the mean3 ing given that term in section 16 of title 18, United 

4 States Code; and 

5 ‘‘(2) the term ‘drug trafficking crime’ has the 

6 meaning given that term in section 924(c)(2) of title 

7 18, United States Code.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 for the Comprehensive Drug Abuse Prevention and Con10 trol Act of 1970 (Public Law 91–513; 84 Stat. 1236) is 

11 amended by inserting after the item relating to section 

12 423, the following: 

‘‘Sec. 424. Murder and other violent crimes committed during and in relation 

to a drug trafficking crime.’’. 

13 SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION 

14 AGAINST RELEASE OF PERSONS CHARGED 

15 WITH FIREARMS OFFENSES. 

16 Section 3142(e) of title 18, United States Code, is 

17 amended in the matter following paragraph (3), by insert18 ing after ‘‘that the person committed’’ the following: ‘‘an 

19 offense under subsection (g)(1) (where the underlying con20 viction is a drug trafficking crime or crime of violence (as 

21 those terms are defined in section 924(c))), (g)(2), (g)(3), 

22 (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), or (g)(11) of section 

23 922,’’. 


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1 SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

2 (a) IN GENERAL.—Chapter 213 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 3299A. Violent crime offenses 

6 ‘‘No person shall be prosecuted, tried, or punished 

7 for any noncapital felony crime of violence, including any 

8 racketeering activity or gang crime which involves any 

9 crime of violence, unless the indictment is found or the 

10 information is instituted not later than 10 years after the 

11 date on which the alleged violation occurred or the con12 tinuing offense was completed.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 213 of title 18, United States 

15 Code, is amended by adding at the end the following: 

‘‘3299A. Violent crime offenses.’’. 

16 SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FOR17 FEITURE BY WRONGDOING. 

18 The Judicial Conference of the United States shall 

19 study the necessity and desirability of amending section 

20 804(b) of the Federal Rules of Evidence to permit the in21 troduction of statements against a party by a witness who 

22 has been made unavailable where it is reasonably foresee23 able by that party that wrongdoing would make the declar24 ant unavailable. 


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1 SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FEL2 ONS. 

3 (a) IN GENERAL.—Section 924(e) of title 18, United 

4 States Code, is amended by striking paragraph (1) and 

5 inserting the following: 

6 ‘‘(1) In the case of a person who violates section 

7 922(g) of this title and has previously been convicted by 

8 any court referred to in section 922(g)(1) of a violent fel9 ony or a serious drug offense shall— 

10 ‘‘(A) in the case of 1 such prior conviction, 

11 where a period of not more than 10 years has 

12 elapsed since the later of the date of conviction and 

13 the date of release of the person from imprisonment 

14 for that conviction, be imprisoned for not more than 

15 15 years, fined under this title, or both; 

16 ‘‘(B) in the case of 2 such prior convictions, 

17 committed on occasions different from one another, 

18 and where a period of not more than 10 years has 

19 elapsed since the later of the date of conviction and 

20 the date of release of the person from imprisonment 

21 for the most recent such conviction, be imprisoned 

22 for not more than 20 years, fined under this title, 

23 or both; and 

24 ‘‘(C) in the case of 3 such prior convictions, 

25 committed on occasions different from one another, 

26 and where a period of not more than 10 years has 


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1 elapsed since the later of date of conviction and the 

2 date of release of the person from imprisonment for 

3 the most recent such conviction, be imprisoned for 

4 any term of years not less than 15 years or for life 

5 and fined under this title, and notwithstanding any 

6 other provision of law, the court shall not suspend 

7 the sentence of, or grant a probationary sentence to, 

8 such person with respect to the conviction under sec9 tion 922(g).’’. 

10 (b) AMENDMENT TO SENTENCING GUIDELINES.— 

11 Pursuant to its authority under section 994(p) of title 28, 

12 United States Code, the United States Sentencing Com13 mission shall amend the Federal Sentencing Guidelines to 

14 provide for an appropriate increase in the offense level for 

15 violations of section 922(g) of title 18, United States 

16 Code, in accordance with section 924(e) of that title 18, 

17 as amended by subsection (a). 

18 SEC. 207. CONFORMING AMENDMENT. 

19 The matter preceding paragraph (1) in section 

20 922(d) of title 18, United States Code, is amended by in21 serting ‘‘, transfer,’’ after ‘‘sell’’. 

22 SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME. 

23 (a) CARJACKING.—Section 2119 of title 18, United 

24 States Code, is amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘, with the intent’’ and all that follows 

3 through ‘‘to do so, shall’’ and inserting ‘‘knowingly 

4 takes a motor vehicle that has been transported, 

5 shipped, or received in interstate or foreign com6 merce from the person of another by force and vio7 lence or by intimidation, causing a reasonable appre8 hension of fear of death or serious bodily injury in 

9 an individual, or attempts or conspires to do so, 

10 shall’’; 

11 (2) in paragraph (1), by striking ‘‘15 years’’ 

12 and inserting ‘‘20 years’’; 

13 (3) in paragraph (2), by striking ‘‘or impris14 oned not more than 25 years, or both’’ and inserting 

15 ‘‘and imprisoned for any term of years or for life’’; 

16 and 

17 (4) in paragraph (3), by inserting ‘‘the person 

18 takes or attempts to take the motor vehicle in viola19 tion of this section with intent to cause death or 

20 cause serious bodily injury, and’’ before ‘‘death re21 sults’’. 

22 (b) CLARIFICATION AND STRENGTHENING OF PROHI23 BITION ON ILLEGAL GUN TRANSFERS TO COMMIT DRUG

24 TRAFFICKING CRIME OR CRIME OF VIOLENCE.—Section 


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1 924(h) of title 18, United States Code, is amended to read 

2 as follows: 

3 ‘‘(h) Whoever knowingly transfers a firearm that has 

4 moved in or that otherwise affects interstate or foreign 

5 commerce, knowing that the firearm will be used to com6 mit, or possessed in furtherance of, a crime of violence 

7 (as defined in subsection (c)(3)) or drug trafficking crime 

8 (as defined in subsection (c)(2)) shall be fined under this 

9 title and imprisoned not more than 20 years.’’. 

10 (c) AMENDMENT OF SPECIAL SENTENCING PROVI11 SION RELATING TO LIMITATIONS ON CRIMINAL ASSOCIA12 TION.—Section 3582(d) of title 18, United States Code, 

13 is amended— 

14 (1) by inserting ‘‘chapter 26 of this title (crimi15 nal street gang prosecutions) or in’’ after ‘‘felony set 

16 forth in’’; and 

17 (2) by inserting ‘‘a criminal street gang or’’ be18 fore ‘‘an illegal enterprise’’. 

19 (d) CONSPIRACY PENALTY.—Section 371 of title 18, 

20 United States Code, is amended by striking ‘‘five years, 

21 or both.’’ and inserting ‘‘10 years (unless the maximum 

22 penalty for the crime that served as the object of the con23 spiracy has a maximum penalty of imprisonment of less 

24 than 10 years, in which case the maximum penalty under 

25 this section shall be the penalty for such crime), or both. 


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1 This paragraph does not supersede any other penalty spe2 cifically set forth for a conspiracy offense.’’. 

3 SEC. 209. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL 

4 PENALTIES. 

5 The Attorney General is authorized to conduct media 

6 campaigns in any area designated as a high intensity gang 

7 activity area under section 301 and any area with existing 

8 and emerging problems with gangs, as needed, to educate 

9 individuals in that area about the changes in criminal pen10 alties made by this Act, and shall report to the Committee 

11 on the Judiciary of the Senate and the Committee on the 

12 Judiciary of the House of Representatives the amount of 

13 expenditures and all other aspects of the media campaign. 

14 SEC. 210. STATUTE OF LIMITATIONS FOR TERRORISM OF15 FENSES. 

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

17 amended— 

18 (1) in the subsection heading, by striking 

19 ‘‘EIGHT-YEAR’’ and inserting ‘‘TEN-YEAR’’; and 

20 (2) in the first sentence, by striking ‘‘8 years’’ 

21 and inserting ‘‘10 years’’. 


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1 SEC. 211. CRIMES COMMITTED IN INDIAN COUNTRY OR EX2 CLUSIVE FEDERAL JURISDICTION AS RACK3 ETEERING PREDICATES. 

4 Section 1961(1)(A) of title 18, United States Code, 

5 is amended by inserting ‘‘, or would have been so charge6 able if the act or threat (other than gambling) had not 

7 been committed in Indian country (as defined in section 

8 1151) or in any other area of exclusive Federal jurisdic9 tion,’’ after ‘‘chargeable under State law’’. 

10 SEC. 212. PREDICATE CRIMES FOR AUTHORIZATION OF 

11 INTERCEPTION OF WIRE, ORAL, AND ELEC12 TRONIC COMMUNICATIONS. 

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

14 amended— 

15 (1) by striking ‘‘or’’ and the end of paragraph 

16 (r); 

17 (2) by redesignating paragraph (s) as para18 graph (u); and 

19 (3) by inserting after paragraph (r) the fol20 lowing: 

21 ‘‘(s) any violation of section 424 of the Con22 trolled Substances Act (relating to murder and other 

23 violent crimes in furtherance of a drug trafficking 

24 crime); 

25 ‘‘(t) any violation of section 522, 523, or 524 

26 (relating to criminal street gangs); or’’. 


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1 SEC. 213. CLARIFICATION OF HOBBS ACT. 

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

3 amended— 

4 (1) in paragraph (1), by inserting ‘‘including 

5 the unlawful impersonation of a law enforcement of6 ficer (as that term is defined in section 245(c) of 

7 this title),’’ after ‘‘by means of actual or threatened 

8 force,’’; and 

9 (2) in paragraph (2), by inserting ‘‘including 

10 the unlawful impersonation of a law enforcement of11 ficer (as that term is defined in section 245(c) of 

12 this title),’’ after ‘‘by wrongful use of actual or 

13 threatened force,’’. 

14 SEC. 214. INTERSTATE TAMPERING WITH OR RETALIATION 

15 AGAINST A WITNESS, VICTIM, OR INFORMANT 

16 IN A STATE CRIMINAL PROCEEDING. 

17 (a) IN GENERAL.—Chapter 73 of title 18, United 

18 States Code, is amended by inserting after section 1513 

19 the following: 

20 ‘‘§ 1513A. Interstate tampering with or retaliation 

21 against a witness, victim, or informant in 

22 a state criminal proceeding 

23 ‘‘(a) IN GENERAL.—It shall be unlawful for any per24 son— 

25 ‘‘(1) to travel in interstate or foreign commerce, 

26 or to use the mail or any facility in interstate or forVerDate Nov 24 2008 21:24 Jan 07, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S132.IS S132

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1 eign commerce, or to employ, use, command, coun2 sel, persuade, induce, entice, or coerce any individual 

3 to do the same, with the intent to— 

4 ‘‘(A) use or threaten to use any physical 

5 force against any witness, informant, victim, or 

6 other participant in a State criminal proceeding 

7 in an effort to influence or prevent participation 

8 in such proceeding, or to retaliate against such 

9 individual for participating in such proceeding; 

10 or 

11 ‘‘(B) threaten, influence, or prevent from 

12 testifying any actual or prospective witness in a 

13 State criminal proceeding; or 

14 ‘‘(2) to attempt or conspire to commit an of15 fense under subparagraph (A) or (B) of paragraph 

16 (1). 

17 ‘‘(b) PENALTIES.— 

18 ‘‘(1) USE OF FORCE.—Any person who violates 

19 subsection (a)(1)(A) by use of force— 

20 ‘‘(A) shall be fined under this title, impris21 oned not more than 20 years, or both; and 

22 ‘‘(B) if death, kidnapping, or serious bodily 

23 injury results, shall be fined under this title, 

24 imprisoned for any term of years or for life, or 

25 both. 


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1 ‘‘(2) OTHER VIOLATIONS.—Any person who vio2 lates subsection (a)(1)(A) by threatened use of force 

3 or violates paragraph (1)(B) or (2) of subsection (a) 

4 shall be fined under this title, imprisoned not more 

5 than 10 years, or both. 

6 ‘‘(c) VENUE.—A prosecution under this section may 

7 be brought in the district in which the official proceeding 

8 (whether or not pending, about to be instituted or was 

9 completed) was intended to be affected or was completed, 

10 or in which the conduct constituting the alleged offense 

11 occurred.’’. 

12 (b) CONFORMING AMENDMENT.—Section 1512 is 

13 amended, in the section heading, by adding at the end the 

14 following: ‘‘in a Federal proceeding’’. 

15 (c) CHAPTER ANALYSIS.—The table of sections for 

16 chapter 73 of title 18, United States Code, is amended— 

17 (1) by striking the item relating to section 1512 

18 and inserting the following: 

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

19 and 

20 (2) by inserting after the item relating to sec21 tion 1513 the following: 

‘‘1513A. Interstate tampering with or retaliation against a witness, victim, or 

informant in a State criminal proceeding.’’. 


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1 SEC. 215. AMENDMENT OF SENTENCING GUIDELINES. 

2 (a) IN GENERAL.—Pursuant to its authority under 

3 section 994 of title 28, United States Code, and in accord4 ance with this section, the United States Sentencing Com5 mission shall review and, if appropriate, amend its guide6 lines and policy statements to conform with this title and 

7 the amendments made by this title. 

8 (b) REQUIREMENTS.—In carrying out this section, 

9 the United States Sentencing Commission shall— 

10 (1) establish new guidelines and policy state11 ments, as warranted, in order to implement new or 

12 revised criminal offenses under this title and the 

13 amendments made by this title; 

14 (2) consider the extent to which the guidelines 

15 and policy statements adequately address— 

16 (A) whether the guidelines offense levels 

17 and enhancements— 

18 (i) are sufficient to deter and punish 

19 such offenses; and 

20 (ii) are adequate in view of the statu21 tory increases in penalties contained in this 

22 title and the amendments made by this 

23 title; and 

24 (B) whether any existing or new specific 

25 offense characteristics should be added to re26 flect congressional intent to increase penalties 


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1 for the offenses set forth in this title and the 

2 amendments made by this title; 

3 (3) ensure that specific offense characteristics 

4 are added to increase the guideline range— 

5 (A) by at least 2 offense levels, if a crimi6 nal defendant committing a gang crime or gang 

7 recruiting offense was an alien who was present 

8 in the United States in violation of section 275 

9 or 276 of the Immigration and Nationality Act 

10 (8 U.S.C. 1325 and 1326) at the time the of11 fense was committed; and 

12 (B) by at least 4 offense levels, if such de13 fendant had also previously been ordered re14 moved or deported under the Immigration and 

15 Nationality Act (8 U.S.C. 1101 et seq.) on the 

16 grounds of having committed a crime; 

17 (4) determine under what circumstances a sen18 tence of imprisonment imposed under this title or 

19 the amendments made by this title shall run con20 secutively to any other sentence of imprisonment im21 posed for any other crime, except that the Commis22 sion shall ensure that a sentence of imprisonment 

23 imposed under section 424 of the Controlled Sub24 stances Act (21 U.S.C. 841 et seq.), as added by 

25 this Act, shall run consecutively, to an extent that 


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1 the Sentencing Commission determines appropriate, 

2 to the sentence imposed for the underlying drug 

3 trafficking offense; 

4 (5) account for any aggravating or mitigating 

5 circumstances that might justify exceptions to the 

6 generally applicable sentencing ranges; 

7 (6) ensure reasonable consistency with other 

8 relevant directives, other sentencing guidelines, and 

9 statutes; 

10 (7) make any necessary and conforming 

11 changes to the sentencing guidelines and policy 

12 statements; and 

13 (8) ensure that the guidelines adequately meet 

14 the purposes of sentencing set forth in section 

15 3553(a)(2) of title 18, United States Code. 

16 TITLE III—INCREASED FEDERAL 

17 RESOURCES TO DETER AND 

18 PREVENT SERIOUSLY AT-RISK 

19 YOUTH FROM JOINING ILLE20 GAL STREET GANGS AND FOR 

21 OTHER PURPOSES 

22 SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH IN23 TENSITY GANG ACTIVITY AREAS. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) GOVERNOR.—The term ‘‘Governor’’ means 

2 a Governor of a State, the Mayor of the District of 

3 Columbia, the tribal leader of an Indian tribe, or the 

4 chief executive of a Commonwealth, territory, or pos5 session of the United States. 

6 (2) HIGH INTENSITY GANG ACTIVITY AREA.— 

7 The term ‘‘high intensity gang activity area’’ or 

8 ‘‘HIGAA’’ means an area within 1 or more States 

9 or Indian country that is designated as a high inten10 sity gang activity area under subsection (b)(1). 

11 (3) INDIAN COUNTRY.—The term ‘‘Indian coun12 try’’ has the meaning given the term in section 1151 

13 of title 18, United States Code. 

14 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

15 has the meaning given the term in section 4(e) of 

16 the Indian Self-Determination and Education Assist17 ance Act (25 U.S.C. 450b(e)). 

18 (5) STATE.—The term ‘‘State’’ means a State 

19 of the United States, the District of Columbia, and 

20 any commonwealth, territory, or possession of the 

21 United States. 

22 (6) TRIBAL LEADER.—The term ‘‘tribal leader’’ 

23 means the chief executive officer representing the 

24 governing body of an Indian tribe. 

25 (b) HIGH INTENSITY GANG ACTIVITY AREAS.— 


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1 (1) DESIGNATION.—The Attorney General, 

2 after consultation with the Governors of appropriate 

3 States, may designate as high intensity gang activity 

4 areas, specific areas that are located within 1 or 

5 more States, which may consist of 1 or more munici6 palities, counties, or other jurisdictions as appro7 priate. 

8 (2) ASSISTANCE.—In order to provide Federal 

9 assistance to high intensity gang activity areas, the 

10 Attorney General shall— 

11 (A) establish local collaborative working 

12 groups, which shall include— 

13 (i) criminal street gang enforcement 

14 teams, consisting of Federal, State, tribal, 

15 and local law enforcement authorities, for 

16 the coordinated investigation, disruption, 

17 apprehension, and prosecution of criminal 

18 street gangs and offenders in each high in19 tensity gang activity area; 

20 (ii) educational, community, and faith 

21 leaders in the area; 

22 (iii) service providers in the commu23 nity, including those experienced at reach24 ing youth and adults who have been in25 volved in violence and violent gangs or 


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1 groups, to provide gang-involved or seri2 ously at-risk youth with positive alter3 natives to gangs and other violent groups 

4 and to address the needs of those who 

5 leave gangs and other violent groups, and 

6 those reentering society from prison; and 

7 (iv) evaluation teams to research and 

8 collect information, assess data, rec9 ommend adjustments, and generally assure 

10 the accountability and effectiveness of pro11 gram implementation; 

12 (B) direct the reassignment or detailing 

13 from any Federal department or agency (sub14 ject to the approval of the head of that depart15 ment or agency, in the case of a department or 

16 agency other than the Department of Justice) 

17 of personnel to each criminal street gang en18 forcement team; 

19 (C) direct the reassignment or detailing of 

20 representatives from— 

21 (i) the Department of Justice; 

22 (ii) the Department of Education; 

23 (iii) the Department of Labor; 

24 (iv) the Department of Health and 

25 Human Services; 


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1 (v) the Department of Housing and 

2 Urban Development; and 

3 (vi) any other Federal department or 

4 agency (subject to the approval of the head 

5 of that department or agency, in the case 

6 of a department or agency other than the 

7 Department of Justice) to each high inten8 sity gang activity area to identify and co9 ordinate efforts to access Federal pro10 grams and resources available to provide 

11 gang prevention, intervention, and reentry 

12 assistance; 

13 (D) prioritize and administer the Federal 

14 program and resource requests made by the 

15 local collaborative working group established 

16 under subparagraph (A) for each high intensity 

17 gang activity area; 

18 (E) provide all necessary funding for the 

19 operation of each local collaborative working 

20 group in each high intensity gang activity area; 

21 and 

22 (F) provide all necessary funding for na23 tional and regional meetings of local collabo24 rative working groups, criminal street gang en25 forcement teams, and educational, community, 


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1 social service, faith-based, and all other related 

2 organizations, as needed, to ensure effective op3 eration of such teams through the sharing of 

4 intelligence and best practices and for any other 

5 related purpose. 

6 (3) COMPOSITION OF CRIMINAL STREET GANG

7 ENFORCEMENT TEAM.—Each team established 

8 under paragraph (2)(A)(i) shall consist of agents 

9 and officers, where feasible, from— 

10 (A) the Federal Bureau of Investigation; 

11 (B) the Drug Enforcement Administration; 

12 (C) the Bureau of Alcohol, Tobacco, Fire13 arms, and Explosives; 

14 (D) the United States Marshals Service; 

15 (E) the Department of Homeland Security; 

16 (F) the Department of Housing and Urban 

17 Development; 

18 (G) State, local, and, where appropriate, 

19 tribal law enforcement; 

20 (H) Federal, State, and local prosecutors; 

21 and 

22 (I) the Bureau of Indian Affairs, Office of 

23 Law Enforcement Services, where appropriate. 

24 (4) CRITERIA FOR DESIGNATION.—In consid25 ering an area for designation as a high intensity 


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1 gang activity area under this section, the Attorney 

2 General shall consider— 

3 (A) the current and predicted levels of 

4 gang crime activity in the area; 

5 (B) the extent to which qualitative and 

6 quantitative data indicate that violent crime in 

7 the area is related to criminal street gang activ8 ity, such as murder, robbery, assaults, 

9 carjacking, arson, kidnapping, extortion, drug 

10 trafficking, and other criminal activity; 

11 (C) the extent to which State, local, and, 

12 where appropriate, tribal law enforcement agen13 cies, schools, community groups, social service 

14 agencies, job agencies, faith-based organiza15 tions, and other organizations have committed 

16 resources to— 

17 (i) respond to the gang crime prob18 lem; and 

19 (ii) participate in a gang enforcement 

20 team; 

21 (D) the extent to which a significant in22 crease in the allocation of Federal resources 

23 would enhance local response to the gang crime 

24 activities in the area; and 


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1 (E) any other criteria that the Attorney 

2 General considers to be appropriate. 

3 (5) RELATION TO HIDTAS.—If the Attorney 

4 General establishes a high intensity gang activity 

5 area that substantially overlaps geographically with 

6 any existing high intensity drug trafficking area (in 

7 this section referred to as a ‘‘HIDTA’’), the Attor8 ney General shall direct the local collaborative work9 ing group for that high intensity gang activity area 

10 to enter into an agreement with the Executive Board 

11 for that HIDTA, providing that— 

12 (A) the Executive Board of that HIDTA 

13 shall establish a separate high intensity gang 

14 activity area law enforcement steering com15 mittee, and select (with a preference for Fed16 eral, State, and local law enforcement agencies 

17 that are within the geographic area of that high 

18 intensity gang activity area) the members of 

19 that committee, subject to the concurrence of 

20 the Attorney General; 

21 (B) the high intensity gang activity area 

22 law enforcement steering committee established 

23 under subparagraph (A) shall administer the 

24 funds provided under subsection (g)(1) for the 

25 criminal street gang enforcement team, after 


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1 consulting with, and consistent with the goals 

2 and strategies established by, that local collabo3 rative working group; 

4 (C) the high intensity gang activity area 

5 law enforcement steering committee established 

6 under subparagraph (A) shall select, from Fed7 eral, State, and local law enforcement agencies 

8 within the geographic area of that high inten9 sity gang activity area, the members of the 

10 Criminal Street Gang Enforcement Team, in 

11 accordance with paragraph (3); and 

12 (D) the Criminal Street Gang Enforcement 

13 Team of that high intensity gang activity area, 

14 and its law enforcement steering committee, 

15 may, with approval of the Executive Board of 

16 the HIDTA with which it substantially over17 laps, utilize the intelligence-sharing, administra18 tive, and other resources of that HIDTA. 

19 (c) REPORTING REQUIREMENTS.— 

20 (1) IN GENERAL.—Not later than December 1 

21 of each year, the Attorney General shall submit a re22 port to the appropriate committees of Congress and 

23 the Director of the Office of Management and Budg24 et and the Domestic Policy Council that describes, 


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1 for each designated high intensity gang activity 

2 area— 

3 (A) the specific long-term and short-term 

4 goals and objectives; 

5 (B) the measurements used to evaluate the 

6 performance of the high intensity gang activity 

7 area in achieving the long-term and short-term 

8 goals; 

9 (C) the age, composition, and membership 

10 of gangs; 

11 (D) the number and nature of crimes com12 mitted by gangs and gang members; 

13 (E) the definition of the term ‘‘gang’’ used 

14 to compile that report; and 

15 (F) the programmatic outcomes and fund16 ing need of the high intensity gang area, includ17 ing— 

18 (i) an evidence-based analysis of the 

19 best practices and outcomes from the work 

20 of the relevant local collaborative working 

21 group; and 

22 (ii) an analysis of whether Federal re23 sources distributed meet the needs of the 

24 high intensity gang activity area and, if 

25 any programmatic funding shortfalls exist, 


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1 recommendations for programs or funding 

2 to meet such shortfalls. 

3 (2) APPROPRIATE COMMITTEES.—In this sub4 section, the term ‘‘appropriate committees of Con5 gress’’ means— 

6 (A) the Committee on the Judiciary, the 

7 Committee on Appropriations, and the Com8 mittee on Health, Education, Labor, and Pen9 sions of the Senate; and 

10 (B) the Committee on the Judiciary, the 

11 Committee on Appropriations, the Committee 

12 on Education and Labor, and the Committee on 

13 Energy and Commerce of the House of Rep14 resentatives. 

15 (d) ADDITIONAL ASSISTANT UNITED STATES ATTOR16 NEYS.—The Attorney General is authorized to hire 94 ad17 ditional Assistant United States attorneys, and non18 attorney coordinators and paralegals as necessary, to 

19 carry out the provisions of this section. 

20 (e) ADDITIONAL DEFENSE COUNSEL.—In each of 

21 the fiscal years 2009 through 2013, the Director of the 

22 Administrative Office of the United States Courts is au23 thorized to hire 71 additional attorneys, nonattorney coor24 dinators, and investigators, as necessary, in Federal De25 fender Programs and Federal Community Defender OrgaVerDate Nov 24 2008 21:24 Jan 07, 2009 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S132.IS S132

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1 nizations, and to make additional payments as necessary 

2 to retain appointed counsel under section 3006A of title 

3 18, United States Code, to adequately respond to any in4 creased or expanded caseloads that may occur as a result 

5 of this Act or the amendments made by this Act. Funding 

6 under this subsection shall not exceed the funding levels 

7 under subsection (d). 

8 (f) NATIONAL GANG RESEARCH, EVALUATION, AND

9 POLICY INSTITUTE.— 

10 (1) IN GENERAL.—The Office of Justice Pro11 grams of the Department of Justice, after consulting 

12 with relevant law enforcement officials, practitioners 

13 and researchers, shall establish a National Gang Re14 search, Evaluation, and Policy Institute (in this sub15 section referred to as the ‘‘Institute’’). 

16 (2) ACTIVITIES.—The Institute shall— 

17 (A) promote and facilitate the implementa18 tion of data-driven, effective gang violence sup19 pression, prevention, intervention, and reentry 

20 models, such as the Operation Ceasefire model, 

21 the Strategic Public Health Approach, the 

22 Gang Reduction Program, or any other prom23 ising municipally driven, comprehensive commu24 nity-wide strategy that is demonstrated to be 

25 effective in reducing gang violence; 


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1 (B) assist jurisdictions by conducting time2 ly research on effective models and designing 

3 and promoting implementation of effective local 

4 strategies, including programs that have objec5 tives and data on how they reduce gang violence 

6 (including shootings and killings), using preven7 tion, outreach, and community approaches, and 

8 that demonstrate the efficacy of these ap9 proaches; and 

10 (C) provide and contract for technical as11 sistance as needed in support of its mission. 

12 (3) NATIONAL CONFERENCE.—Not later than 

13 90 days after the date of its formation, the Institute 

14 shall design and conduct a national conference to re15 duce and prevent gang violence, and to teach and 

16 promote gang violence prevention, intervention, and 

17 reentry strategies. The conference shall be attended 

18 by appropriate representatives from criminal street 

19 gang enforcement teams, and local collaborative 

20 working groups, including representatives of edu21 cational, community, religious, and social service or22 ganizations, and gang program and policy research 

23 evaluators. 

24 (4) NATIONAL DEMONSTRATION SITES.—Not 

25 later than 120 days after the date of its formation, 


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1 the Institute shall select appropriate HIGAA areas 

2 to serve as primary national demonstration sites, 

3 based on the nature, concentration, and distribution 

4 of various gang types, the jurisdiction’s established 

5 capacity to integrate prevention, intervention, re6 entry and enforcement efforts, and the range of par7 ticular gang-related issues. After establishing pri8 mary national demonstration sites, the Institute 

9 shall establish such other secondary sites, to be 

10 linked to and receive evaluation, research, and tech11 nical assistance through the primary sites, as it may 

12 determine appropriate. 

13 (5) DISSEMINATION OF INFORMATION.—Not 

14 later than 180 days after the date of its formation, 

15 the Institute shall develop and begin dissemination 

16 of information about methods to effectively reduce 

17 and prevent gang violence, including guides, research 

18 and assessment models, case studies, evaluations, 

19 and best practices. The Institute shall also create a 

20 website, designed to support the implementation of 

21 successful gang violence prevention models, and dis22 seminate appropriate information to assist jurisdic23 tions in reducing gang violence. 

24 (6) GANG INTERVENTION ACADEMIES.—Not 

25 later than 6 months after the date of its formation, 


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1 the Institute shall, either directly or through con2 tracts with qualified nonprofit organizations, estab3 lish not less than 1 training academy, located in a 

4 high intensity gang activity area, to promote effec5 tive gang intervention and community policing. The 

6 purposes of an academy established under this para7 graph shall be to increase professionalism of gang 

8 intervention workers, improve officer training for 

9 working with gang intervention workers, create best 

10 practices for independent cooperation between offi11 cers and intervention workers, and develop training 

12 for community policing. 

13 (7) SUPPORT.—The Institute shall obtain initial 

14 and continuing support from experienced researchers 

15 and practitioners, as it determines necessary, to test 

16 and assist in implementing its strategies nationally, 

17 regionally, and locally. 

18 (8) RESEARCH AGENDA.—The Institute shall 

19 establish and implement a core research agenda de20 signed to address areas of particular challenge, in21 cluding— 

22 (A) how best to apply and continue to test 

23 the models described in paragraph (2) in par24 ticularly large jurisdictions; 


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1 (B) how to foster and maximize the con2 tinuing impact of community moral voices in 

3 this context; 

4 (C) how to ensure the long-term sustain5 ability of reduced violent crime levels once ini6 tial levels of enthusiasm may subside; and 

7 (D) how to apply existing intervention 

8 frameworks to emerging local, regional, na9 tional, or international gang problems, such as 

10 the emergence of the gang known as MS–13. 

11 (9) EVALUATION.—The National Institute of 

12 Justice shall evaluate, on a continuing basis, com13 prehensive gang violence prevention, intervention, 

14 suppression, and reentry strategies supported by the 

15 Institute, and shall report the results of these eval16 uations by no later than October 1 each year to the 

17 Committee on the Judiciary of the Senate and the 

18 Committee on the Judiciary of the House of Rep19 resentatives. 

20 (10) FUNDS.—The Attorney General shall use 

21 not less than 3 percent, and not more than 5 per22 cent, of the amounts made available under this sec23 tion to establish and operate the Institute. 

24 (g) USE OF FUNDS.—Of amounts made available to 

25 a local collaborative working group under this section for 


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1 each fiscal year that are remaining after the costs of hir2 ing a full time coordinator for the local collaborative ef3 fort— 

4 (1) 50 percent shall be used for the operation 

5 of criminal street gang enforcement teams; and 

6 (2) 50 percent shall be used— 

7 (A) to provide at-risk youth with positive 

8 alternatives to gangs and other violent groups 

9 and to address the needs of those who leave 

10 gangs and other violent groups through— 

11 (i) service providers in the community, 

12 including schools and school districts; and 

13 (ii) faith leaders and other individuals 

14 experienced at reaching youth who have 

15 been involved in violence and violent gangs 

16 or groups; 

17 (B) for the establishment and operation of 

18 the National Gang Research, Evaluation, and 

19 Policy Institute; and 

20 (C) to support and provide technical assist21 ance to research in criminal justice, social serv22 ices, and community gang violence prevention 

23 collaborations. 

24 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out this section 


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1 $75,000,000 for each of fiscal years 2009 through 2013. 

2 Any funds made available under this subsection shall re3 main available until expended. 

4 SEC. 302. GANG PREVENTION GRANTS. 

5 (a) AUTHORITY TO MAKE GRANTS.—The Office of 

6 Justice Programs of the Department of Justice may make 

7 grants, in accordance with such regulations as the Attor8 ney General may prescribe, to States, units of local gov9 ernment, tribal governments, and qualified private enti10 ties, to develop community-based programs that provide 

11 crime prevention, research, and intervention services that 

12 are designed for gang members and at-risk youth. 

13 (b) USE OF GRANT AMOUNTS.—A grant under this 

14 section may be used (including through subgrants) for— 

15 (1) preventing initial gang recruitment and in16 volvement among younger teenagers; 

17 (2) reducing gang involvement through non18 violent and constructive activities, such as commu19 nity service programs, development of nonviolent 

20 conflict resolution skills, employment and legal as21 sistance, family counseling, and other safe, commu22 nity-based alternatives for high-risk youth; 

23 (3) developing in-school and after-school gang 

24 safety, control, education, and resistance procedures 

25 and programs; 


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1 (4) identifying and addressing early childhood 

2 risk factors for gang involvement, including parent 

3 training and childhood skills development; 

4 (5) identifying and fostering protective factors 

5 that buffer children and adolescents from gang in6 volvement; 

7 (6) developing and identifying investigative pro8 grams designed to deter gang recruitment, involve9 ment, and activities through effective intelligence 

10 gathering; 

11 (7) developing programs and youth centers for 

12 first-time nonviolent offenders facing alternative 

13 penalties, such as mandated participation in commu14 nity service, restitution, counseling, and education 

15 and prevention programs; 

16 (8) implementing regional, multidisciplinary ap17 proaches to combat gang violence though coordi18 nated programs for prevention and intervention (in19 cluding street outreach programs and other peace20 making activities) or coordinated law enforcement 

21 activities (including regional gang task forces and 

22 regional crime mapping strategies that enhance fo23 cused prosecutions and reintegration strategies for 

24 offender reentry); or 


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1 (9) identifying at-risk and high-risk students 

2 through home visits organized through joint collabo3 rations between law enforcement, faith-based organi4 zations, schools, and social workers. 

5 (c) GRANT REQUIREMENTS.— 

6 (1) MAXIMUM.—The amount of a grant under 

7 this section may not exceed $1,000,000. 

8 (2) CONSULTATION AND COOPERATION.—Each 

9 recipient of a grant under this section shall have in 

10 effect on the date of the application by that entity 

11 agreements to consult and cooperate with local, 

12 State, or Federal law enforcement and participate, 

13 as appropriate, in coordinated efforts to reduce gang 

14 activity and violence. 

15 (d) ANNUAL REPORT.—Each recipient of a grant 

16 under this section shall submit to the Attorney General, 

17 for each year in which funds from a grant received under 

18 this section are expended, a report containing— 

19 (1) a summary of the activities carried out with 

20 grant funds during that year; 

21 (2) an assessment of the effectiveness of the 

22 crime prevention, research, and intervention activi23 ties of the recipient, based on data collected by the 

24 grant recipient; 


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1 (3) a strategic plan for the year following the 

2 year described in paragraph (1); 

3 (4) evidence of consultation and cooperation 

4 with local, State, or Federal law enforcement or, if 

5 the grant recipient is a government entity, evidence 

6 of consultation with an organization engaged in any 

7 activity described in subsection (b); and 

8 (5) such other information as the Attorney 

9 General may require. 

10 (e) DEFINITION.—In this section, the term ‘‘units of 

11 local government’’ includes sheriffs departments, police 

12 departments, and local prosecutor offices. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated for grants under this 

15 section $35,000,000 for each of the fiscal years 2009 

16 through 2013. 

17 SEC. 303. ENHANCEMENT OF PROJECT SAFE NEIGHBOR18 HOODS INITIATIVE TO IMPROVE ENFORCE19 MENT OF CRIMINAL LAWS AGAINST VIOLENT 

20 GANGS. 

21 (a) IN GENERAL.—While maintaining the focus of 

22 Project Safe Neighborhoods as a comprehensive, strategic 

23 approach to reducing gun violence in America, the Attor24 ney General is authorized to expand the Project Safe 


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1 Neighborhoods program to require each United States at2 torney to— 

3 (1) identify, investigate, and prosecute signifi4 cant criminal street gangs operating within their dis5 trict; and 

6 (2) coordinate the identification, investigation, 

7 and prosecution of criminal street gangs among Fed8 eral, State, and local law enforcement agencies. 

9 (b) ADDITIONAL STAFF FOR PROJECT SAFE NEIGH10 BORHOODS.— 

11 (1) IN GENERAL.—The Attorney General may 

12 hire Assistant United States attorneys, non-attorney 

13 coordinators, or paralegals to carry out the provi14 sions of this section. 

15 (2) ENFORCEMENT.—The Attorney General 

16 may hire Bureau of Alcohol, Tobacco, Firearms, and 

17 Explosives agents for, and otherwise expend addi18 tional resources in support of, the Project Safe 

19 Neighborhoods/Firearms Violence Reduction pro20 gram. 

21 (3) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated 

23 $20,000,000 for each of fiscal years 2009 through 

24 2013 to carry out this section. Any funds made 


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1 available under this paragraph shall remain available 

2 until expended. 

3 SEC. 304. ADDITIONAL RESOURCES NEEDED BY THE FED4 ERAL BUREAU OF INVESTIGATION TO INVES5 TIGATE AND PROSECUTE VIOLENT CRIMINAL 

6 STREET GANGS. 

7 (a) EXPANSION OF SAFE STREETS PROGRAM.—The 

8 Attorney General is authorized to expand the Safe Streets 

9 Program of the Federal Bureau of Investigation for the 

10 purpose of supporting criminal street gang enforcement 

11 teams. 

12 (b) NATIONAL GANG ACTIVITY DATABASE.— 

13 (1) IN GENERAL.—The Attorney General shall 

14 establish a National Gang Activity Database to be 

15 housed at and administered by the Department of 

16 Justice. 

17 (2) DESCRIPTION.—The database required by 

18 paragraph (1) shall— 

19 (A) be designed to disseminate gang infor20 mation to law enforcement agencies throughout 

21 the country and, subject to appropriate con22 trols, to disseminate aggregate statistical infor23 mation to other members of the criminal justice 

24 system, community leaders, academics, and the 

25 public; 


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1 (B) contain critical information on gangs, 

2 gang members, firearms, criminal activities, ve3 hicles, and other information useful for inves4 tigators in solving and reducing gang-related 

5 crimes; 

6 (C) operate in a manner that enables law 

7 enforcement agencies to— 

8 (i) identify gang members involved in 

9 crimes; 

10 (ii) track the movement of gangs and 

11 members throughout the region; 

12 (iii) coordinate law enforcement re13 sponse to gang violence; 

14 (iv) enhance officer safety; 

15 (v) provide realistic, up-to-date figures 

16 and statistical data on gang crime and vio17 lence; 

18 (vi) forecast trends and respond ac19 cordingly; and 

20 (vii) more easily solve crimes and pre21 vent violence; and 

22 (D) be subject to guidelines, issued by the 

23 Attorney General, specifying the criteria for 

24 adding information to the database, the appro25 priate period for retention of such information, 


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1 and a process for removing individuals from the 

2 database, and prohibiting disseminating gang 

3 information to any entity that is not a law en4 forcement agency, except aggregate statistical 

5 information where appropriate. 

6 (3) USE OF RISS SECURE INTRANET.—From 

7 amounts made available to carry out this section, the 

8 Attorney General shall provide the Regional Infor9 mation Sharing Systems such sums as are necessary 

10 to use the secure intranet known as RISSNET to 

11 electronically connect existing gang information sys12 tems (including the RISSGang National Gang Data13 base) with the National Gang Activity Database, 

14 thereby facilitating the automated information ex15 change of existing gang data by all connected sys16 tems without the need for additional databases or 

17 data replication. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.— 

19 (1) IN GENERAL.—In addition to amounts oth20 erwise authorized, there are authorized to be appro21 priated to the Attorney General $10,000,000 for 

22 each of fiscal years 2009 through 2013 to carry out 

23 this section. 


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1 (2) AVAILABILITY.—Any amounts appropriated 

2 under paragraph (1) shall remain available until ex3 pended. 

4 SEC. 305. GRANTS TO PROSECUTORS AND LAW ENFORCE5 MENT TO COMBAT VIOLENT CRIME. 

6 (a) IN GENERAL.—Section 31702 of the Violent 

7 Crime Control and Law Enforcement Act of 1994 (42 

8 U.S.C. 13862) is amended— 

9 (1) in paragraph (3), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (4), by striking the period at 

12 the end and inserting a semicolon; and 

13 (3) by adding at the end the following: 

14 ‘‘(5) to hire additional prosecutors to— 

15 ‘‘(A) allow more cases to be prosecuted; 

16 and 

17 ‘‘(B) reduce backlogs; and 

18 ‘‘(6) to fund technology, equipment, and train19 ing for prosecutors and law enforcement in order to 

20 increase accurate identification of gang members 

21 and violent offenders, and to maintain databases 

22 with such information to facilitate coordination 

23 among law enforcement and prosecutors.’’. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 31707 of the Violent Crime Control and Law Enforcement 


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1 Act of 1994 (42 U.S.C. 13867) is amended to read as 

2 follows: 

3 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘There are authorized to be appropriated 

5 $20,000,000 for each of the fiscal years 2009 through 

6 2013 to carry out this subtitle.’’. 

7 SEC. 306. EXPANSION AND REAUTHORIZATION OF THE 

8 MENTORING INITIATIVE FOR SYSTEM IN9 VOLVED YOUTH. 

10 (a) EXPANSION.—Section 261(a) of the Juvenile Jus11 tice and Delinquency Prevention Act of 1974 (42 U.S.C. 

12 5665(a)) is amended by adding at the end the following: 

13 ‘‘The Administrator shall expand the number of sites re14 ceiving such grants from 4 to 12.’’. 

15 (b) AUTHORIZATION OF PROGRAM.—Section 299(c) 

16 of the Juvenile Justice and Delinquency Prevention Act 

17 of 1974 (42 U.S.C. 5671(c)) is amended— 

18 (1) by striking ‘‘There are authorized’’ and in19 serting the following: 

20 ‘‘(1) IN GENERAL.—There are authorized’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR

23 MENTORING INITIATIVE.—There are authorized to 

24 be appropriated to carry out the Mentoring Initiative 

25 for System Involved Youth Program under part E 


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1 $4,800,000 for each of fiscal years 2009 through 

2 2013.’’. 

3 SEC. 307. DEMONSTRATION GRANTS TO ENCOURAGE CRE4 ATIVE APPROACHES TO GANG ACTIVITY AND 

5 AFTER-SCHOOL PROGRAMS. 

6 (a) IN GENERAL.—The Attorney General may make 

7 grants to public or nonprofit private entities (including 

8 faith-based organizations) for the purpose of assisting the 

9 entities in carrying out projects involving innovative ap10 proaches to combat gang activity. 

11 (b) CERTAIN APPROACHES.—Approaches under sub12 section (a) may include the following: 

13 (1) Encouraging teen-driven approaches to 

14 gang activity prevention. 

15 (2) Educating parents to recognize signs of 

16 problems and potential gang involvement in their 

17 children. 

18 (3) Teaching parents the importance of a nur19 turing family and home environment to keep chil20 dren out of gangs. 

21 (4) Facilitating communication between parents 

22 and children, especially programs that have been 

23 evaluated and proven effective. 

24 (c) MATCHING FUNDS.— 


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1 (1) IN GENERAL.—The Attorney General may 

2 make a grant under this section only if the entity re3 ceiving the grant agrees to make available (directly 

4 or through donations from public or private entities) 

5 non-Federal contributions toward the cost of activi6 ties to be performed with that grant in an amount 

7 that is not less than 25 percent of such costs. 

8 (2) DETERMINATION OF AMOUNT CONTRIB9 UTED.—Non-Federal contributions required under 

10 paragraph (1) may be in cash or in kind, fairly eval11 uated, including facilities, equipment, or services. 

12 Amounts provided by the Federal Government, or 

13 services assisted or subsidized to any significant ex14 tent by the Federal Government, may not be in15 cluded in determining the amount of such non-Fed16 eral contributions. 

17 (d) EVALUATION OF PROJECTS.— 

18 (1) IN GENERAL.—The Attorney General shall 

19 establish criteria for the evaluation of projects in20 volving innovative approaches under subsection (a). 

21 (2) GRANTEES.—A grant may be made under 

22 subsection (a) only if the entity involved— 

23 (A) agrees to conduct evaluations of the 

24 approach in accordance with the criteria estab25 lished under paragraph (1); 


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1 (B) agrees to submit to the Attorney Gen2 eral reports describing the results of the evalua3 tions, as the Attorney General determines to be 

4 appropriate; and 

5 (C) submits to the Attorney General, in 

6 the application under subsection (e), a plan for 

7 conducting the evaluations. 

8 (e) APPLICATION FOR GRANT.—A public or nonprofit 

9 private entity desiring a grant under this section shall sub10 mit an application in such form, in such manner, and con11 taining such agreements, assurances, and information (in12 cluding the agreements under subsections (c) and (d) and 

13 the plan under subsection (d)(2)(C)) as the Attorney Gen14 eral determines appropriate. 

15 (f) REPORT TO CONGRESS.—Not later than February 

16 1 of each year, the Attorney General shall submit to Con17 gress a report describing the extent to which the ap18 proaches under subsection (a) have been successful in re19 ducing the rate of gang activity in the communities in 

20 which the approaches have been carried out. Each report 

21 under this subsection shall describe the various ap22 proaches used under subsection (a) and the effectiveness 

23 of each of the approaches. 

24 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated $5,000,000 to carry out 


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1 this section for each of the fiscal years 2009 through 

2 2013. 

3 SEC. 308. SHORT-TERM STATE WITNESS PROTECTION SEC4 TION. 

5 (a) ESTABLISHMENT.— 

6 (1) IN GENERAL.—Chapter 37 of title 28, 

7 United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘§ 570. Short-term state witness protection section 

10 ‘‘(a) IN GENERAL.—There is established in the 

11 United States Marshals Service a Short-Term State Wit12 ness Protection Section which shall provide protection for 

13 witnesses in State and local trials involving homicide or 

14 other major violent crimes pursuant to cooperative agree15 ments with State and local criminal prosecutor’s offices 

16 and the United States attorney for the District of Colum17 bia. 

18 ‘‘(b) ELIGIBILITY.— 

19 ‘‘(1) IN GENERAL.—The Short-Term State Wit20 ness Protection Section shall give priority in award21 ing grants and providing services to— 

22 ‘‘(A) criminal prosecutor’s offices for 

23 States with an average of not less than 100 

24 murders per year; and 


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1 ‘‘(B) criminal prosecutor’s offices for juris2 dictions that include a city, town, or township 

3 with an average violent crime rate per 100,000 

4 inhabitants that is above the national average. 

5 ‘‘(2) CALCULATION.—The rate of murders and 

6 violent crime under paragraph (1) shall be calculated 

7 using the latest available crime statistics from the 

8 Federal Bureau of Investigation during 5-year pe9 riod immediately preceding an application for protec10 tion.’’. 

11 (2) CHAPTER ANALYSIS.—The chapter analysis 

12 for chapter 37 of title 28, United States Code, is 

13 amended by striking the items relating to sections 

14 570 through 576 and inserting the following: 

‘‘570. Short-Term State Witness Protection Section.’’. 

15 (b) GRANT PROGRAM.— 

16 (1) DEFINITIONS.—In this subsection— 

17 (A) the term ‘‘eligible prosecutor’s office’’ 

18 means a State or local criminal prosecutor’s of19 fice or the United States attorney for the Dis20 trict of Columbia; and 

21 (B) the term ‘‘serious violent felony’’ has 

22 the same meaning as in section 3559(c)(2) of 

23 title 18, United States Code. 

24 (2) GRANTS AUTHORIZED.— 


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1 (A) IN GENERAL.—The Attorney General 

2 is authorized to make grants to eligible prosecu3 tor’s offices for purposes of identifying wit4 nesses in need of protection or providing short 

5 term protection to witnesses in trials involving 

6 homicide or serious violent felony. 

7 (B) ALLOCATION.—Each eligible prosecu8 tor’s office receiving a grant under this sub9 section may— 

10 (i) use the grant to identify witnesses 

11 in need of protection or provide witness 

12 protection (including tattoo removal serv13 ices); or 

14 (ii) pursuant to a cooperative agree15 ment with the Short-Term State Witness 

16 Protection Section of the United States 

17 Marshals Service, credit the grant to the 

18 Short-Term State Witness Protection Sec19 tion to cover the costs to the section of 

20 providing witness protection on behalf of 

21 the eligible prosecutor’s office. 

22 (3) APPLICATION.— 

23 (A) IN GENERAL.—Each eligible prosecu24 tor’s office desiring a grant under this sub25 section shall submit an application to the AttorVerDate Nov 24 2008 21:24 Jan 07, 2009 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S132.IS S132

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1 ney General at such time, in such manner, and 

2 accompanied by such information as the Attor3 ney General may reasonably require. 

4 (B) CONTENTS.—Each application sub5 mitted under subparagraph (A) shall— 

6 (i) describe the activities for which as7 sistance under this subsection is sought; 

8 and 

9 (ii) provide such additional assurances 

10 as the Attorney General determines to be 

11 essential to ensure compliance with the re12 quirements of this subsection. 

13 (4) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to carry out 

15 this subsection $90,000,000 for each of fiscal years 

16 2009 through 2011. 

17 SEC. 309. WITNESS PROTECTION SERVICES. 

18 Section 3526 of title 18, United States Code (Co19 operation of other Federal agencies and State govern20 ments; reimbursement of expenses) is amended by adding 

21 at the end the following: 

22 ‘‘(c) In any case in which a State government re23 quests the Attorney General to provide temporary protec24 tion under section 3521(e) of this title, the costs of pro25 viding temporary protection are not reimbursable if the 


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1 investigation or prosecution in any way relates to crimes 

2 of violence committed by a criminal street gang, as defined 

3 under the laws of the relevant State seeking assistance 

4 under this title.’’. 

5 SEC. 310. EXPANSION OF FEDERAL WITNESS RELOCATION 

6 AND PROTECTION PROGRAM. 

7 Section 3521(a)(1) of title 18 is amended by inserting 

8 ‘‘, criminal street gang, serious drug offense, homicide,’’ 

9 after ‘‘organized criminal activity’’. 

10 SEC. 311. FAMILY ABDUCTION PREVENTION GRANT PRO11 GRAM. 

12 (a) STATE GRANTS.—The Attorney General is au13 thorized to make grants to States for projects involving— 

14 (1) the extradition of individuals suspected of 

15 committing a family abduction; 

16 (2) the investigation by State and local law en17 forcement agencies of family abduction cases; 

18 (3) the training of State and local law enforce19 ment agencies in responding to family abductions 

20 and recovering abducted children, including the de21 velopment of written guidelines and technical assist22 ance; 

23 (4) outreach and media campaigns to educate 

24 parents on the dangers of family abductions; and 

25 (5) the flagging of school records. 


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1 (b) MATCHING REQUIREMENT.—Not less than 50 

2 percent of the cost of a project for which a grant is made 

3 under this section shall be provided by non-Federal 

4 sources. 

5 (c) DEFINITIONS.—In this section: 

6 (1) FAMILY ABDUCTION.—-The term ‘‘family 

7 abduction’’ means the taking, keeping, or concealing 

8 of a child or children by a parent, other family mem9 ber, or person acting on behalf of the parent or fam10 ily member, that prevents another individual from 

11 exercising lawful custody or visitation rights. 

12 (2) FLAGGING.—The term ‘‘flagging’’ means 

13 the process of notifying law enforcement authorities 

14 of the name and address of any person requesting 

15 the school records of an abducted child. 

16 (3) STATE.—The term ‘‘State’’ means each of 

17 the several States, the District of Columbia, the 

18 Commonwealth of Puerto Rico, the Commonwealth 

19 of the Northern Mariana Islands, American Samoa, 

20 Guam, the Virgin Islands, any territory or posses21 sion of the United States, and any Indian tribe. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

24 $500,000 for fiscal year 2009 and such sums as may be 

25 necessary for each of fiscal years 2010 and 2011. 


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1 SEC. 312. STUDY ON ADOLESCENT DEVELOPMENT AND 

2 SENTENCES IN THE FEDERAL SYSTEM. 

3 (a) IN GENERAL.—The United States Sentencing 

4 Commission shall conduct a study to examine the appro5 priateness of sentences for minors in the Federal system. 

6 (b) CONTENTS.—The study conducted under sub7 section (a) shall— 

8 (1) incorporate the most recent research and 

9 expertise in the field of adolescent brain development 

10 and culpability; 

11 (2) evaluate the toll of juvenile crime, particu12 larly violent juvenile crime, on communities; 

13 (3) consider the appropriateness of life sen14 tences without possibility for parole for minor of15 fenders in the Federal system; and 

16 (4) evaluate issues of recidivism by juveniles 

17 who are released from prison or detention after serv18 ing determinate sentences. 

19 (c) REPORT.—Not later than 1 year after the date 

20 of enactment of this Act, the United States Sentencing 

21 Commission shall submit to Congress a report regarding 

22 the study conducted under subsection (a), which shall— 

23 (1) include the findings of the Commission; 

24 (2) describe significant cases reviewed as part 

25 of the study; and 

26 (3) make recommendations, if any. 


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1 (d) REVISION OF GUIDELINES.—If determined ap2 propriate by the United States Sentencing Commission, 

3 after completing the study under subsection (a) the Com4 mission may, pursuant to its authority under section 994 

5 of title 28, United States Code, establish or revise guide6 lines and policy statements, as warranted, relating to the 

7 sentencing of minors under this Act or the amendments 

8 made by this Act. 

9 SEC. 313. NATIONAL YOUTH ANTI-HEROIN MEDIA CAM10 PAIGN. 

11 Section 709 of the Office of National Drug Control 

12 Policy Reauthorization Act of 1998 (21 U.S.C. 1708) is 

13 amended— 

14 (1) by redesignating subsections (k) and (l) as 

15 subsections (l) and (m), respectively; and 

16 (2) by inserting after subsection (j) the fol17 lowing: 

18 ‘‘(k) PREVENTION OF HEROIN ABUSE.— 

19 ‘‘(1) FINDINGS.—Congress finds the following: 

20 ‘‘(A) Heroin, and particularly the form 

21 known as ‘cheese heroin’ (a drug made by mix22 ing black tar heroin with diphenhydramine), 

23 poses a significant and increasing threat to 

24 youth in the United States. 


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1 ‘‘(B) Drug organizations import heroin 

2 from outside of the United States, mix the 

3 highly addictive drug with diphenhydramine, 

4 and distribute it mostly to youth. 

5 ‘‘(C) Since the initial discovery of cheese 

6 heroin on Dallas school campuses in 2005, at 

7 least 21 minors have died after overdosing on 

8 cheese heroin in Dallas County. 

9 ‘‘(D) The number of arrests involving pos10 session of cheese heroin in the Dallas area dur11 ing the 2006–2007 school year increased over 

12 60 percent from the previous school year. 

13 ‘‘(E) The ease of communication via the 

14 Internet and cell phones allows a drug trend to 

15 spread rapidly across the country, creating a 

16 national threat. 

17 ‘‘(F) Gangs recruit youth as new members 

18 by providing them with this inexpensive drug. 

19 ‘‘(G) Reports show that there is rampant 

20 ignorance among youth about the dangerous 

21 and potentially fatal effects of cheese heroin. 

22 ‘‘(2) PREVENTION OF HEROIN ABUSE.—In con23 ducting advertising and activities otherwise author24 ized under this section, the Director shall promote 


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1 prevention of youth heroin use, including cheese her2 oin.’’. 

3 SEC. 314. TRAINING AT THE NATIONAL ADVOCACY CENTER. 

4 (a) IN GENERAL.—The National District Attorneys 

5 Association may use the services of the National Advocacy 

6 Center in Columbia, South Carolina to conduct a national 

7 training program for State and local prosecutors for the 

8 purpose of improving the professional skills of State and 

9 local prosecutors and enhancing the ability of Federal, 

10 State, and local prosecutors to work together. 

11 (b) TRAINING.—The National Advocacy Center in 

12 Columbia, South Carolina may provide comprehensive con13 tinuing legal education in the areas of trial practice, sub14 stantive legal updates, and support staff training. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Attorney General 

17 to carry out this section $6,500,000, to remain available 

18 until expended, for fiscal years 2009 through 2012. 

19 TITLE IV—CRIME PREVENTION 

20 AND INTERVENTION STRATE21 GIES 

22 SEC. 401. SHORT TITLE. 

23 This title may be cited as the ‘‘Prevention Resources 

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1 ventions in Our Neighborhoods Act of 2009’’ or the 

2 ‘‘PRECAUTION Act’’. 

3 SEC. 402. PURPOSES. 

4 The purposes of this title are to— 

5 (1) establish a commitment on the part of the 

6 Federal Government to provide leadership on suc7 cessful crime prevention and intervention strategies; 

8 (2) further the integration of crime prevention 

9 and intervention strategies into traditional law en10 forcement practices of State and local law enforce11 ment offices around the country; 

12 (3) develop a plain-language, implementation13 focused assessment of those current crime and delin14 quency prevention and intervention strategies that 

15 are supported by rigorous evidence; 

16 (4) provide additional resources to the National 

17 Institute of Justice to administer research and devel18 opment grants for promising crime prevention and 

19 intervention strategies; 

20 (5) develop recommendations for Federal prior21 ities for crime and delinquency prevention and inter22 vention research, development, and funding that 

23 may augment important Federal grant programs, in24 cluding the Edward Byrne Memorial Justice Assist25 ance Grant Program under subpart 1 of part E of 


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1 title I of the Omnibus Crime Control and Safe 

2 Streets Act of 1968 (42 U.S.C. 3750 et seq.), grant 

3 programs administered by the Office of Community 

4 Oriented Policing Services of the Department of 

5 Justice, grant programs administered by the Office 

6 of Safe and Drug-Free Schools of the Department 

7 of Education, and other similar programs; and 

8 (6) reduce the costs that rising violent crime 

9 imposes on interstate commerce. 

10 SEC. 403. DEFINITIONS. 

11 In this title, the following definitions shall apply: 

12 (1) COMMISSION.—The term ‘‘Commission’’ 

13 means the National Commission on Public Safety 

14 Through Crime Prevention established under section 

15 404(a). 

16 (2) RIGOROUS EVIDENCE.—The term ‘‘rigorous 

17 evidence’’ means evidence generated by scientifically 

18 valid forms of outcome evaluation, particularly ran19 domized trials (where practicable). 

20 (3) SUBCATEGORY.—The term ‘‘subcategory’’ 

21 means 1 of the following categories: 

22 (A) Family and community settings (in23 cluding public health-based strategies). 

24 (B) Law enforcement settings (including 

25 probation-based strategies). 


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1 (C) School settings (including antigang 

2 and general antiviolence strategies). 

3 (4) TOP-TIER.—The term ‘‘top-tier’’ means any 

4 strategy supported by rigorous evidence of the siz5 able, sustained benefits to participants in the strat6 egy or to society. 

7 SEC. 404. NATIONAL COMMISSION ON PUBLIC SAFETY 

8 THROUGH CRIME PREVENTION. 

9 (a) ESTABLISHMENT.—There is established a com10 mission to be known as the National Commission on Pub11 lic Safety Through Crime Prevention. 

12 (b) MEMBERS.— 

13 (1) IN GENERAL.—The Commission shall be 

14 composed of 9 members, of whom— 

15 (A) 3 shall be appointed by the President, 

16 1 of whom shall be the Assistant Attorney Gen17 eral for the Office of Justice Programs or a 

18 representative of such Assistant Attorney Gen19 eral; 

20 (B) 2 shall be appointed by the Speaker of 

21 the House of Representatives, unless the Speak22 er is of the same party as the President, in 

23 which case 1 shall be appointed by the Speaker 

24 of the House of Representatives and 1 shall be 


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1 appointed by the minority leader of the House 

2 of Representatives; 

3 (C) 1 shall be appointed by the minority 

4 leader of the House of Representatives (in addi5 tion to any appointment made under subpara6 graph (B)); 

7 (D) 2 shall be appointed by the majority 

8 leader of the Senate, unless the majority leader 

9 is of the same party as the President, in which 

10 case 1 shall be appointed by the majority leader 

11 of the Senate and 1 shall be appointed by the 

12 minority leader of the Senate; and 

13 (E) 1 member appointed by the minority 

14 leader of the Senate (in addition to any ap15 pointment made under subparagraph (D)). 

16 (2) PERSONS ELIGIBLE.— 

17 (A) IN GENERAL.—Each member of the 

18 Commission shall be an individual who has 

19 knowledge or expertise in matters to be studied 

20 by the Commission. 

21 (B) REQUIRED REPRESENTATIVES.—At 

22 least— 

23 (i) 2 members of the Commission 

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1 perience implementing or interpreting rig2 orous, outcome-based trials; and 

3 (ii) 2 members of the Commission 

4 shall be law enforcement practitioners. 

5 (3) CONSULTATION REQUIRED.—The President, 

6 the Speaker of the House of Representatives, the mi7 nority leader of the House of Representatives, and 

8 the majority leader and minority leader of the Sen9 ate shall consult prior to the appointment of the 

10 members of the Commission to achieve, to the max11 imum extent possible, fair and equitable representa12 tion of various points of view with respect to the 

13 matters to be studied by the Commission. 

14 (4) TERM.—Each member shall be appointed 

15 for the life of the Commission. 

16 (5) TIME FOR INITIAL APPOINTMENTS.—The 

17 appointment of the members shall be made not later 

18 than 60 days after the date of enactment of this 

19 Act. 

20 (6) VACANCIES.—A vacancy in the Commission 

21 shall be filled in the manner in which the original 

22 appointment was made, and shall be made not later 

23 than 60 days after the date on which the vacancy 

24 occurred. 


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1 (7) EX OFFICIO MEMBERS.—The Director of 

2 the National Institute of Justice, the Director of the 

3 Office of Juvenile Justice and Delinquency Preven4 tion, the Director of the Community Capacity Devel5 opment Office, the Director of the Bureau of Justice 

6 Statistics, the Director of the Bureau of Justice As7 sistance, and the Director of Community Oriented 

8 Policing Services (or a representative of each such 

9 director) shall each serve in an ex officio capacity on 

10 the Commission to provide advice and information to 

11 the Commission. 

12 (c) OPERATION.— 

13 (1) CHAIRPERSON.—At the initial meeting of 

14 the Commission, the members of the Commission 

15 shall elect a chairperson from among its voting 

members, by a vote of 2 16 ⁄3 of the members of the 

17 Commission. The chairperson shall retain this posi18 tion for the life of the Commission. If the chair19 person leaves the Commission, a new chairperson 

shall be selected, by a vote of 2 20 ⁄3 of the members of 

21 the Commission. 

22 (2) MEETINGS.—The Commission shall meet at 

23 the call of the chairperson. The initial meeting of the 

24 Commission shall take place not later than 30 days 


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1 after the date on which all the members of the Com2 mission have been appointed. 

3 (3) QUORUM.—A majority of the members of 

4 the Commission shall constitute a quorum to con5 duct business, and the Commission may establish a 

6 lesser quorum for conducting hearings scheduled by 

7 the Commission. 

8 (4) RULES.—The Commission may establish by 

9 majority vote any other rules for the conduct of 

10 Commission business, if such rules are not incon11 sistent with this title or other applicable law. 

12 (d) PUBLIC HEARINGS.— 

13 (1) IN GENERAL.—The Commission shall hold 

14 public hearings. The Commission may hold such 

15 hearings, sit and act at such times and places, take 

16 such testimony, and receive such evidence as the 

17 Commission considers advisable to carry out its du18 ties under this section. 

19 (2) FOCUS OF HEARINGS.—The Commission 

20 shall hold at least 3 separate public hearings, each 

21 of which shall focus on 1 of the subcategories. 

22 (3) WITNESS EXPENSES.—Witnesses requested 

23 to appear before the Commission shall be paid the 

24 same fees as are paid to witnesses under section 

25 1821 of title 28, United States Code. The per diem 


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1 and mileage allowances for witnesses shall be paid 

2 from funds appropriated to the Commission. 

3 (e) COMPREHENSIVE STUDY OF EVIDENCE-BASED

4 CRIME PREVENTION AND INTERVENTION STRATEGIES.— 

5 (1) IN GENERAL.—The Commission shall carry 

6 out a comprehensive study of the effectiveness of 

7 crime and delinquency prevention and intervention 

8 strategies, organized around the 3 subcategories. 

9 (2) MATTERS INCLUDED.—The study under 

10 paragraph (1) shall include— 

11 (A) a review of research on the general ef12 fectiveness of incorporating crime prevention 

13 and intervention strategies into an overall law 

14 enforcement plan; 

15 (B) an evaluation of how to more effec16 tively communicate the wealth of social science 

17 research to practitioners; 

18 (C) a review of evidence regarding the ef19 fectiveness of specific crime prevention and 

20 intervention strategies, focusing on those strate21 gies supported by rigorous evidence; 

22 (D) an identification of— 

23 (i) promising areas for further re24 search and development; and 


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1 (ii) other areas representing gaps in 

2 the body of knowledge that would benefit 

3 from additional research and development; 

4 (E) an assessment of the best practices for 

5 implementing prevention and intervention strat6 egies; 

7 (F) an assessment of the best practices for 

8 gathering rigorous evidence regarding the im9 plementation of intervention and prevention 

10 strategies; and 

11 (G) an assessment of those top-tier strate12 gies best suited for duplication efforts in a 

13 range of settings across the country. 

14 (3) INITIAL REPORT ON TOP-TIER CRIME PRE15 VENTION AND INTERVENTION STRATEGIES.— 

16 (A) DISTRIBUTION.—Not later than 18 

17 months after the date on which all members of 

18 the Commission have been appointed, the Com19 mission shall submit a public report on the 

20 study carried out under this subsection to— 

21 (i) the President; 

22 (ii) Congress; 

23 (iii) the Attorney General; 

24 (iv) the Chief Federal Public Defender 

25 of each district; 


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1 (v) the chief executive of each State; 

2 (vi) the Director of the Administrative 

3 Office of the Courts of each State; 

4 (vii) the Director of the Administra5 tive Office of the United States Courts; 

6 and 

7 (viii) the attorney general of each 

8 State. 

9 (B) CONTENTS.—The report under sub10 paragraph (A) shall include— 

11 (i) the findings and conclusions of the 

12 Commission; 

13 (ii) a summary of the top-tier strate14 gies, including— 

15 (I) a review of the rigorous evi16 dence supporting the designation of 

17 each strategy as top-tier; 

18 (II) a brief outline of the keys to 

19 successful implementation for each 

20 strategy; and 

21 (III) a list of references and 

22 other information on where further in23 formation on each strategy can be 

24 found; 


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1 (iii) recommended protocols for imple2 menting crime and delinquency prevention 

3 and intervention strategies generally; 

4 (iv) recommended protocols for evalu5 ating the effectiveness of crime and delin6 quency prevention and intervention strate7 gies; and 

8 (v) a summary of the materials relied 

9 upon by the Commission in preparation of 

10 the report. 

11 (C) CONSULTATION WITH OUTSIDE AU12 THORITIES.—In developing the recommended 

13 protocols for implementation and rigorous eval14 uation of top-tier crime and delinquency preven15 tion and intervention strategies under this para16 graph, the Commission shall consult with the 

17 Committee on Law and Justice at the National 

18 Academy of Science and with national associa19 tions representing the law enforcement and so20 cial science professions, including the National 

21 Sheriffs’ Association, the Police Executive Re22 search Forum, the International Association of 

23 Chiefs of Police, the Consortium of Social 

24 Science Associations, and the American Society 

25 of Criminology. 


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1 (f) RECOMMENDATIONS REGARDING DISSEMINATION

2 OF THE INNOVATIVE CRIME PREVENTION AND INTER3 VENTION STRATEGY GRANTS.— 

4 (1) SUBMISSION.— 

5 (A) IN GENERAL.—Not later than 30 days 

6 after the date of the final hearing under sub7 section (d) relating to a subcategory, the Com8 mission shall provide the Director of the Na9 tional Institute of Justice with recommenda10 tions on qualifying considerations relating to 

11 that subcategory for selecting grant recipients 

12 under section 405. 

13 (B) DEADLINE.—Not later than 13 

14 months after the date on which all members of 

15 the Commission have been appointed, the Com16 mission shall provide all recommendations re17 quired under this subsection. 

18 (2) MATTERS INCLUDED.—The recommenda19 tions provided under paragraph (1) shall include rec20 ommendations relating to— 

21 (A) the types of strategies for the applica22 ble subcategory that would best benefit from 

23 additional research and development; 

24 (B) any geographic or demographic tar25 gets; 


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1 (C) the types of partnerships with other 

2 public or private entities that might be perti3 nent and prioritized; and 

4 (D) any classes of crime and delinquency 

5 prevention and intervention strategies that 

6 should not be given priority because of a pre7 existing base of knowledge that would benefit 

8 less from additional research and development. 

9 (g) FINAL REPORT ON THE RESULTS OF THE INNO10 VATIVE CRIME PREVENTION AND INTERVENTION STRAT11 EGY GRANTS.— 

12 (1) IN GENERAL.—Following the close of the 3- 

13 year implementation period for each grant recipient 

14 under section 405, the Commission shall collect the 

15 results of the study of the effectiveness of that grant 

16 under section 405(b)(3) and shall submit a public 

17 report to the President, the Attorney General, Con18 gress, the chief executive of each State, and the at19 torney general of each State describing each strategy 

20 funded under section 405 and its results. This re21 port shall be submitted not later than 5 years after 

22 the date of the selection of the chairperson of the 

23 Commission. 

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1 mission’s collection of information and evidence re2 garding each grant recipient under section 405 shall 

3 be carried out by— 

4 (A) ongoing communications with the 

5 grant administrator at the National Institute of 

6 Justice; 

7 (B) visits by representatives of the Com8 mission (including at least 1 member of the 

9 Commission) to the site where the grant recipi10 ent is carrying out the strategy with a grant 

11 under section 405, at least once in the second 

12 and once in the third year of that grant; 

13 (C) a review of the data generated by the 

14 study monitoring the effectiveness of the strat15 egy; and 

16 (D) other means as necessary. 

17 (3) MATTERS INCLUDED.—The report sub18 mitted under paragraph (1) shall include a review of 

19 each strategy carried out with a grant under section 

20 405, detailing— 

21 (A) the type of crime or delinquency pre22 vention or intervention strategy; 

23 (B) where the activities under the strategy 

24 were carried out, including geographic and de25 mographic targets; 


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1 (C) any partnerships with public or private 

2 entities through the course of the grant period; 

3 (D) the type and design of the effective4 ness study conducted under section 405(b)(3) 

5 for that strategy; 

6 (E) the results of the effectiveness study 

7 conducted under section 405(b)(3) for that 

8 strategy; 

9 (F) lessons learned regarding implementa10 tion of that strategy or of the effectiveness 

11 study conducted under section 405(b)(3), in12 cluding recommendations regarding which types 

13 of environments might best be suited for suc14 cessful replication; and 

15 (G) recommendations regarding the need 

16 for further research and development of the 

17 strategy. 

18 (h) PERSONNEL MATTERS.— 

19 (1) TRAVEL EXPENSES.—The members of the 

20 Commission shall be allowed travel expenses, includ21 ing per diem in lieu of subsistence, at rates author22 ized for employees of agencies under subchapter I of 

23 chapter 57 of title 5, United States Code, while 

24 away from their homes or regular places of business 

25 in the performance of service for the Commission. 


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1 (2) COMPENSATION OF MEMBERS.—Members of 

2 the Commission shall serve without compensation. 

3 (3) STAFF.— 

4 (A) IN GENERAL.—The chairperson of the 

5 Commission may, without regard to the civil 

6 service laws and regulations, appoint and termi7 nate an executive director and such other addi8 tional personnel as may be necessary to enable 

9 the Commission to perform its duties. The em10 ployment of an executive director shall be sub11 ject to confirmation by the Commission. 

12 (B) COMPENSATION.—The chairperson of 

13 the Commission may fix the compensation of 

14 the executive director and other personnel with15 out regard to the provisions of chapter 51 and 

16 subchapter III of chapter 53 of title 5, United 

17 States Code, relating to classification of posi18 tions and General Schedule pay rates, except 

19 that the rate of pay for the executive director 

20 and other personnel may not exceed the rate 

21 payable for level V of the Executive Schedule 

22 under section 5316 of such title. 

23 (4) DETAIL OF FEDERAL EMPLOYEES.—With 

the affirmative vote of 2 24 ⁄3 of the members of the 

25 Commission, any Federal Government employee, 


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1 with the approval of the head of the appropriate 

2 Federal agency, may be detailed to the Commission 

3 without reimbursement, and such detail shall be 

4 without interruption or loss of civil service status, 

5 benefits, or privileges. 

6 (i) CONTRACTS FOR RESEARCH.— 

7 (1) NATIONAL INSTITUTE OF JUSTICE.—With a 

2 8 ⁄3 affirmative vote of the members of the Commis9 sion, the Commission may select nongovernmental 

10 researchers and experts to assist the Commission in 

11 carrying out its duties under this title. The National 

12 Institute of Justice shall contract with the research13 ers and experts selected by the Commission to pro14 vide funding in exchange for their services. 

15 (2) OTHER ORGANIZATIONS.—Nothing in this 

16 subsection shall be construed to limit the ability of 

17 the Commission to enter into contracts with other 

18 entities or organizations for research necessary to 

19 carry out the duties of the Commission under this 

20 section. 

21 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated $5,000,000 to carry out 

23 this section. 

24 (k) TERMINATION.—The Commission shall terminate 

25 on the date that is 30 days after the date on which the 


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1 Commission submits the last report required by this sec2 tion. 

3 (l) EXEMPTION.—The Commission shall be exempt 

4 from the Federal Advisory Committee Act. 

5 SEC. 405. INNOVATIVE CRIME PREVENTION AND INTERVEN6 TION STRATEGY GRANTS. 

7 (a) GRANTS AUTHORIZED.—The Director of the Na8 tional Institute of Justice may make grants to public and 

9 private entities to fund the implementation and evaluation 

10 of innovative crime or delinquency prevention or interven11 tion strategies. The purpose of grants under this section 

12 shall be to provide funds for all expenses related to the 

13 implementation of such a strategy and to conduct a rig14 orous study on the effectiveness of that strategy. 

15 (b) GRANT DISTRIBUTION.— 

16 (1) PERIOD.—A grant under this section shall 

17 be made for a period of not more than 3 years. 

18 (2) AMOUNT.—The amount of each grant under 

19 this section— 

20 (A) shall be sufficient to ensure that rig21 orous evaluations may be performed; and 

22 (B) shall not exceed $2,000,000. 

23 (3) EVALUATION SET-ASIDE.— 

24 (A) IN GENERAL.—A grantee shall use not 

25 less than $300,000 and not more than 


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1 $700,000 of the funds from a grant under this 

2 section for a rigorous study of the effectiveness 

3 of the strategy during the 3-year period of the 

4 grant for that strategy. 

5 (B) METHODOLOGY OF STUDY.— 

6 (i) IN GENERAL.—Each study con7 ducted under subparagraph (A) shall use 

8 an evaluator and a study design approved 

9 by the employee of the National Institute 

10 of Justice hired or assigned under sub11 section (c). 

12 (ii) CRITERIA.—The employee of the 

13 National Institute of Justice hired or as14 signed under subsection (c) shall ap15 prove— 

16 (I) an evaluator that has success17 fully carried out multiple studies pro18 ducing rigorous evidence of effective19 ness; and 

20 (II) a proposed study design that 

21 is likely to produce rigorous evidence 

22 of the effectiveness of the strategy. 

23 (iii) APPROVAL.—Before a grant is 

24 awarded under this section, the evaluator 

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1 proved by the employee of the National In2 stitute of Justice hired or assigned under 

3 subsection (c). 

4 (4) DATE OF AWARD.—Not later than 6 months 

5 after the date of receiving recommendations relating 

6 to a subcategory from the Commission under section 

7 404(f), the Director of the National Institute of Jus8 tice shall award all grants under this section relating 

9 to that subcategory. 

10 (5) TYPE OF GRANTS.—One-third of the grants 

11 made under this section shall be made in each sub12 category. In distributing grants, the recommenda13 tions of the Commission under section 404(f) shall 

14 be considered. 

15 (6) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated 

17 $18,000,000 to carry out this subsection. 

18 (c) DEDICATED STAFF.— 

19 (1) IN GENERAL.—The Director of the National 

20 Institute of Justice shall hire or assign a full-time 

21 employee to oversee the grants under this section. 

22 (2) STUDY OVERSIGHT.—The employee of the 

23 National Institute of Justice hired or assigned under 

24 paragraph (1) shall be responsible for ensuring that 


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1 grantees adhere to the study design approved before 

2 the applicable grant was awarded. 

3 (3) LIAISON.—The employee of the National 

4 Institute of Justice hired or assigned under para5 graph (1) may be used as a liaison between the 

6 Commission and the recipients of a grant under this 

7 section. That employee shall be responsible for en8 suring timely cooperation with Commission requests. 

9 (4) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated $150,000 

11 for each of fiscal years 2009 through 2013 to carry 

12 out this subsection. 

13 (d) APPLICATIONS.—A public or private entity desir14 ing a grant under this section shall submit an application 

15 at such time, in such manner, and accompanied by such 

16 information as the Director of the National Institute of 

17 Justice may reasonably require. 

18 (e) COOPERATION WITH THE COMMISSION.—Grant 

19 recipients shall cooperate with the Commission in pro20 viding them with full information on the progress of the 

21 strategy being carried out with a grant under this section, 

22 including— 

23 (1) hosting visits by the members of the Com24 mission to the site where the activities under the 

25 strategy are being carried out; 


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1 (2) providing pertinent information on the lo2 gistics of establishing the strategy for which the 

3 grant under this section was received, including de4 tails on partnerships, selection of participants, and 

5 any efforts to publicize the strategy; and 

6 (3) responding to any specific inquiries that 

7 may be made by the Commission. 

Æ 


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