January 6, 2009 CONGRESSIONAL RECORD — SENATE S103 

I continue to believe that consumers 

need a meaningful disclosure informing 

them of the effects of making minimum payments. 

Today, as Americans face increasing 

struggles with debt and expenses, the 

bill is needed more than ever. I urge 

my colleagues to support this legislation. 

Mr. President, I ask unanimous consent that the text of the bill be printed 

in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 131 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Credit Card 

Minimum Payment Notification Act of 2009’’. 

SEC. 2. ENHANCED DISCLOSURE UNDER AN OPEN 

END CREDIT PLAN. 

Section 127(b) of the Truth in Lending Act 

(15 U.S.C. 1637(b)) is amended by adding at 

the end the following: 

‘‘(13) ENHANCED DISCLOSURE UNDER AN OPEN

END CREDIT PLAN.— 

‘‘(A) IN GENERAL.—A credit card issuer 

shall, with each billing statement provided 

to a cardholder in a State, provide the following on the front of the first page of the 

billing statement, in type no smaller than 

that required for any other required disclosure, but in no case in less than 8-point capitalized type: 

‘‘(i) A written statement in the following 

form: ‘Minimum Payment Warning: Making 

only the minimum payment will increase the 

interest you pay and the time it takes to 

repay your balance.’. 

‘‘(ii)(I) A written statement providing individualized information indicating the number of years and months and the total cost to 

pay off the entire balance due on an open-end 

credit card account, if the cardholder were to 

pay only the minimum amount due on the 

open-end credit card account, based upon the 

terms of the credit agreement. 

‘‘(II) For purposes of this clause only, if 

the open-end credit card account is subject 

to a variable rate— 

‘‘(aa) the creditor may make disclosures 

based on the rate for the entire balance as of 

the date of the disclosure and indicate that 

the rate may vary; and 

‘‘(bb) the cardholder shall be provided with 

referrals or, in the alternative, with the toll 

free telephone number of the National Foundation for Credit Counseling (or any successor thereto) through which the cardholder 

can be referred to credit counseling services 

in, or closest to, the cardholder’s county of 

residence, which credit counseling service 

shall be in good standing with the National 

Foundation for Credit Counseling or accredited by the Council on Accreditation for 

Children and Family Services (or any successors thereto). 

‘‘(B) DEFINITION OF OPEN-END CREDIT CARD

ACCOUNT.—In this paragraph, the term ‘openend credit card account’ means an account in 

which consumer credit is granted by a creditor under a plan in which the creditor reasonably contemplates repeated transactions, 

the creditor may impose a finance charge 

from time to time on an unpaid balance, and 

the amount of credit that may be extended 

to the consumer during the term of the plan 

is generally made available to the extent 

that any outstanding balance is repaid and 

up to any limit set by the creditor. 

‘‘(C) EXEMPTIONS.— 

‘‘(i) MINIMUM PAYMENT OF NOT LESS THAN

TEN PERCENT.—This paragraph shall not 

apply in any billing cycle in which the account agreement requires a minimum payment of not less than 10 percent of the outstanding balance. 

‘‘(ii) NO FINANCE CHARGES.—This paragraph 

shall not apply in any billing cycle in which 

finance charges are not imposed.’’. 

By Mrs. FEINSTEIN (for herself, 

Mr. HATCH, Mr. BAYH, Mr. 

KERRY, Mrs. MURRAY, Mr. KYL, 

Mr. SPECTER, Mr. SCHUMER, and 

Ms. CANTWELL): 

S. 132. 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 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; to the 

Committee on the Judiciary. 

Mrs. FEINSTEIN. Mr. President, I 

am pleased to join Senators HATCH, 

BAYH, KERRY, MURRAY, KYL, and SPECTER in introducing comprehensive antigang legislation—the Gang Abatement 

and Prevention Act of 2009. 

This bill has changed significantly 

since Senator HATCH and I began introducing gang legislation over 10 years 

ago. The current version of the bill reflects changes that have been made to 

comprehensively address the gang 

problem, including provisions emphasizing prevention and intervention programs, as well as enforcement funding. 

This bill recognizes that the root 

causes of gang violence need to be addressed—identifying successful community programs and then investing significant resources in schools and religious and community organizations to 

prevent young people from joining 

gangs in the first place. 

The bill constitutes a balanced approach to fighting the gang problem, 

with authorization for hundreds of millions of dollars to be used for proven 

gang prevention and intervention programs, as well as strong enforcement 

provisions. 

The rise of criminal street gangs and 

the effect these gangs are having on 

our Nation are two of the fundamental 

issues facing us today. This country is 

in the midst of an epidemic of gang violence that cuts across every age and 

every race and plagues our cities, suburbs and rural areas. This violence 

often involves teens and children as 

both victims and perpetrators. 

Almost every day, gang violence is in 

the news across the country, with 

gang-related killings of children and 

innocent bystanders almost too numerous to count. A person only needs to 

pick up a newspaper or watch the 

evening news to see how gang violence 

is affecting our communities. 

A snapshot of gang violence that occurred over a 4-day period in Los Angeles in March 2008 illustrates how insidious gangs have become. 

On March 2, 2008, Jamiel Shaw, a 17- 

year-old high school football star, was 

shot to death just three doors from his 

home in Mid-City Los Angeles as he 

rushed home to make curfew. Two gang 

members pulled up in a car, asked if 

Jamiel was a gang member, and then 

shot him when he didn’t answer. 

Jamiel was not in a gang and was a 

model student and athlete who was 

being recruited by Stanford and Rutgers to play collegiate football. His 

mother, a sergeant in the U.S. Army 

who was serving her second tour of 

duty in Iraq, had to return home to Los 

Angeles to bury her son. 

On March 4, 2008, 6-year-old Lavarea 

Elvy was shot in the head in the Harbor Gateway area of South Los Angeles 

as she sat in the family car. A gang 

member and a gang associate of a Hispanic street gang have been charged in 

this attempted murder. 

On March 6, 2008, 13-year-old Anthony 

Escobar was killed while picking lemons in a neighbor’s yard in the Echo 

Park area of Los Angeles. Anthony was 

not a gang member, and police believe 

he was targeted by gang members who 

came to his neighborhood for no other 

reason than to kill someone. 

Stories like these are not limited to 

California. They are becoming commonplace across the country. Consider 

the following incidents of gang violence from across the country: 

In February 2008, Julia Steele, an 80- 

year-old woman from St. Louis, Missouri, was killed when she was caught 

in the crossfire of gunfire between rival 

gang members. Julia’s 80-year-old 

friend was also injured when their car 

slammed into other vehicles after the 

shooting. 

Beginning in May 2008, police in Billings, Montana had to increase neighborhood patrols due to repeated driveby shootings conducted by gang members. 

In July 2008, a 7-year-old boy was 

wounded while playing kickball near 

his suburban Roxbury, Massachusetts 

home. He was shot by an adult gang 

member from Boston, who police believe had traveled to the suburbs for no 

other reason than to shoot someone. 

In October 2008, Christopher Walker, 

a 16-year-old high school junior and 

member of the varsity basketball 

team, was shot and killed by a gang 

member near Henry Ford High School, 

his high school in Detroit, Michigan. 

According to media reports, Chris’ 

death has sparked much anger in the 

community over growing gang violence 

in the area. 

Across the country, in rural areas, 

suburbs, and cities, gang violence is literally holding neighborhoods hostage 

and Congress needs to do something 

about it. Our national gang problem is 

immense and growing, and it is not 

going away. 

On January 18, 2007, FBI Director 

Mueller acknowledged that gang crime 

has become ‘‘part of a clear national 

trend.’’ FBI statistics show that there 

are over 30,000 criminal street gangs 

operating in the United States, with 

more than one million gang members. 


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S104 CONGRESSIONAL RECORD — SENATE January 6, 2009 

According to the FBI, gangs have an 

impact on at least 2,500 communities 

across the Nation. These criminal 

street gangs engage in drug trafficking, 

robbery, extortion, gun trafficking, and 

murder. They recruit children and 

teens, destroy neighborhoods, cripple 

families, and kill innocent people. 

In California, the State Attorney 

General has estimated that there are 

171,000 juveniles and adults committed 

to criminal street gangs and their way 

of life. That’s greater than the population of 28 California counties. 

From 1992 to 2003, there were more 

than 7,500 gang-related homicides reported in California. In 2007, 469 of the 

2,258 homicides in California were 

gang-related. 

Los Angeles Police Department Chief 

Bill Bratton put it bluntly: ‘‘There is 

nothing more insidious than these 

gangs. They are worse than the Mafia. 

Show me a year in New York where the 

Mafia indiscriminately killed 300 people. You can’t.’’ 

It’s not just a California problem or 

an issue limited to big cities. In Chicago, the FBI estimates that there are 

over 60,000 gang members. A 2008 DOJ 

Report notes the rapid spread of gangs 

and violence to suburban areas. FBI Director Mueller recently recognized the 

national scope of the gang problem 

when he said: ‘‘Gangs are no longer 

limited to Los Angeles. Like a cancer, 

gangs are spreading to communities 

across America.’’ 

Our cities and States need our help— 

a long-term commitment to combat 

gang violence and a Federal helping 

hand to get our youth out of gangs and 

keep them from joining gangs in the 

first place. 

Senator HATCH and I have now been 

introducing comprehensive Federal 

gang legislation for over a decade. Our 

gang bills have been modified and refined over the years, most recently in 

the bill that passed in the Senate in 

the 110th Congress by unanimous consent. 

The bill that we introduce today is a 

balanced and measured approach to 

dealing with the gang problem. It has 

no death penalty provisions, no mandatory minimums, and we have eliminated juvenile justice changes that previously proved to be an impediment to 

the larger bill’s passage. 

The bill that we offer today provides 

a Federal helping hand to fight the 

gang problem. It provides a comprehensive solution to gang violence, combining enforcement, prevention, and 

intervention efforts in a collaborative 

approach that has proven effective in 

models like Operation Ceasefire. 

The bill recognizes that the Federal 

Government can do more to fight gangs 

and that more tools must be made 

available to Federal law enforcement 

agents and prosecutors to stop the epidemic of gang violence. To this end, 

the bill establishes new, common sense 

Federal gang crimes and tougher Federal penalties. 

Existing Federal street gang laws are 

frankly weak, and are almost never 

used. Currently, a person committing a 

gang crime might have extra time 

tacked on to the end of their Federal 

sentence. That is because Federal law 

currently focuses on gang violence only 

as a sentencing enhancement, rather 

than as a crime unto itself. 

The bill that I offer today would 

make it a separate Federal crime for 

any criminal street gang member to 

commit, conspire or attempt to commit violent crimes—including murder, 

kidnapping, arson, extortion—in furtherance of the gang. 

The penalties for gang members committing such crimes would increase 

considerably. 

For gang-related murder, kidnapping, 

aggravated sexual abuse or maiming, 

the penalties would range up to life imprisonment. 

For any other serious violent felony, 

the penalty would range up to 30 years. 

For other crimes of violence—defined 

as the actual or intended use of physical force against the person of another—the penalty could bring up to 20 

years in prison. 

The bill also creates a new crime for 

recruiting juveniles and adults into a 

criminal street gang, with a penalty of 

up to 10 years, or if the recruiting involved a juvenile or recruiting from 

prison, up to 20 years. 

It also creates new Federal crimes for 

committing violent crimes in connection with drug trafficking, and increases existing penalties for violent 

crimes in aid of racketeering. 

Finally, the bill also makes a host of 

other violent crime reforms, including 

closing a loophole that allows 

carjackers to avoid convictions, increasing the penalties for those who 

use guns in violent crimes or transfer 

guns knowing they will be used in 

crimes, and limiting bail for violent 

felons who possess firearms. 

But the bill also recognizes that we 

cannot simply arrest our way out of 

the gang problem. It also focuses on 

prevention and intervention strategies 

to prevent our youth from joining 

street gangs and to give existing gang 

members a way out of that lifestyle. 

Specifically, the bill would authorize 

over $1 billion in new funds over the 

next 5 years to address the gang problem, including: $411.5 million to fund 

gang prevention and intervention programs, like Operation Ceasefire, a 

proven gang prevention and intervention program successfully used in communities across the country; $187.5 million to establish High Intensity Interstate Gang Activity Areas—Federal, 

State, and local law enforcement task 

forces to combat gangs and implement 

prevention programs; $100 million to 

fund the DOJ’s Project Safe Neighborhood Program, the Federal Government’s primary anti-gang initiative; 

$50 million for the Project Safe Streets 

Program, the FBI’s primary gang investigation tool; $100 million for more 

prosecutors, technology, and equipment for gang investigations; $270 million for State witness protection programs in gang cases. 

This balanced approach—of prevention and intervention plus common 

sense enforcement—will send a clear 

message to gang members: a new day 

has arrived and the Federal Government will no longer sit on the sidelines 

while gang violence engulfs the country. 

This bill will provide gang members 

with new opportunities, with schools 

and social services agencies empowered 

to make alternatives to gangs a realistic option. But if gang members continue to engage in violence, they will 

face new and serious Federal consequences. 

For more than 10 years now, Senator 

HATCH and I have been trying to pass 

Federal anti-gang legislation. There 

have been times when we have gotten 

close, including last session when the 

Senate passed this same bill. Unfortunately, while Congress as a whole has 

failed to act, violent street gangs have 

only expanded nationwide and become 

more empowered and entrenched in 

other States and communities. 

I believe this bill can again pass in 

the Senate and be enacted into law. 

The time has arrived for us to finally 

address this problem, and I believe this 

bill is well-suited to help solve it. 

I urge my colleagues to favorably 

consider this legislation in the 111th 

Congress. 

Mr. President, I ask unanimous consent that the text of the bill be printed 

in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 132 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Gang Abatement and Prevention Act of 2009’’. 

SEC. 2. TABLE OF CONTENTS. 

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. 


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January 6, 2009 CONGRESSIONAL RECORD — SENATE S105 

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. 

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. 

SEC. 3. FINDINGS. 

Congress finds that— 

(1) violent crime and drug trafficking are 

pervasive problems at the national, State, 

and local level; 

(2) according to recent Federal Bureau of 

Investigation, Uniform Crime Reports, violent crime in the United States is on the 

rise, with a 2.3 percent increase in violent 

crime in 2005 (the largest increase in the 

United States in 15 years) and an even larger 

3.7 percent jump during the first 6 months of 

2006, and the Police Executive Research 

Forum reports that, among jurisdictions providing information, homicides are up 10.21 

percent, robberies are up 12.27 percent, and 

aggravated assaults with firearms are up 9.98 

percent since 2004; 

(3) these disturbing rises in violent crime 

are attributable in part to the spread of 

criminal street gangs and the willingness of 

gang members to commit acts of violence 

and drug trafficking offenses; 

(4) according to a recent National Drug 

Threat Assessment, criminal street gangs 

are responsible for much of the retail distribution of the cocaine, methamphetamine, 

heroin, and other illegal drugs being distributed in rural and urban communities 

throughout the United States; 

(5) gangs commit acts of violence or drug 

offenses for numerous motives, such as membership in or loyalty to the gang, for protecting gang territory, and for profit; 

(6) gang presence and intimidation, and the 

organized and repetitive nature of the crimes 

that gangs and gang members commit, has a 

pernicious effect on the free flow of interstate commercial activities and directly affects the freedom and security of communities plagued by gang activity, diminishing 

the value of property, inhibiting the desire of 

national and multinational corporations to 

transact business in those communities, and 

in a variety of ways directly and substantially affecting interstate and foreign commerce; 

(7) gangs often recruit and utilize minors 

to engage in acts of violence and other serious offenses out of a belief that the criminal 

justice systems are more lenient on juvenile 

offenders; 

(8) gangs often intimidate and threaten 

witnesses to prevent successful prosecutions; 

(9) gangs prey upon and incorporate minors 

into their ranks, exploiting the fact that 

adolescents have immature decision-making 

capacity, therefore, gang activity and recruitment can be reduced and deterred 

through increased vigilance, appropriate 

criminal penalties, partnerships between 

Federal and State and local law enforcement, and proactive prevention and intervention efforts, particularly targeted at juveniles and young adults, prior to and even 

during gang involvement; 

(10) State and local prosecutors and law enforcement officers, in hearings before the 

Committee on the Judiciary of the Senate 

and elsewhere, have enlisted the help of Congress in the prevention, investigation, and 

prosecution of gang crimes and in the protection of witnesses and victims of gang crimes; 

and 

(11) because State and local prosecutors 

and law enforcement have the expertise, experience, and connection to the community 

that is needed to assist in combating gang 

violence, consultation and coordination between Federal, State, and local law enforcement and collaboration with other community agencies is critical to the successful 

prosecutions of criminal street gangs and reduction of gang problems. 

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. 

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

United States Code, is amended to read as 

follows: 

‘‘CHAPTER 26—CRIMINAL STREET GANGS 

‘‘Sec. 

‘‘521. Definitions. 

‘‘522. Criminal street gang prosecutions. 

‘‘523. Recruitment of persons to participate 

in a criminal street gang. 

‘‘524. Violent crimes in furtherance of criminal street gangs. 

‘‘525. Forfeiture. 

‘‘SEC. 521. DEFINITIONS. 

‘‘In this chapter: 

‘‘(1) CRIMINAL STREET GANG.—The term 

‘criminal street gang’ means a formal or informal group, organization, or association of 

5 or more individuals— 

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

1 gang crime; and 

‘‘(B) who collectively commit 3 or more 

gang crimes (not less than 1 of which is a serious violent felony), in separate criminal 

episodes (not less than 1 of which occurs 

after the date of enactment of the Gang 

Abatement and Prevention Act of 2009, and 

the last of which occurs not later than 5 

years after the commission of a prior gang 

crime (excluding any time of imprisonment 

for that individual)). 

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

means an offense under Federal law punishable by imprisonment for more than 1 year, 

or a felony offense under State law that is 

punishable by a term of imprisonment of 5 

years or more in any of the following categories: 

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

use, attempted use, or threatened use of 

physical force against the person of another, 

or is burglary, arson, kidnapping, or extortion. 

‘‘(B) A crime involving obstruction of justice, or tampering with or retaliating 

against a witness, victim, or informant. 

‘‘(C) A crime involving the manufacturing, 

importing, distributing, possessing with intent to distribute, or otherwise trafficking in 

a controlled substance or listed chemical (as 

those terms are defined in section 102 of the 

Controlled Substances Act (21 U.S.C. 802)). 

‘‘(D) Any conduct punishable under— 

‘‘(i) section 844 (relating to explosive materials); 

‘‘(ii) subsection (a)(1), (d), (g)(1) (where the 

underlying conviction is a violent felony or a 

serious drug offense (as those terms are defined in section 924(e)), (g)(2), (g)(3), (g)(4), 

(g)(5), (g)(8), (g)(9), (g)(10), (g)(11), (i), (j), (k), 

(n), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts); 

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

(m), or (n) of section 924 (relating to penalties); 

‘‘(iv) section 930 (relating to possession of 

firearms and dangerous weapons in Federal 

facilities); 

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

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

fraud, identity theft, and related activity in 

connection with identification documents or 

access devices); 

‘‘(vii) section 1084 (relating to transmission 

of wagering information); 

‘‘(viii) section 1952 (relating to interstate 

and foreign travel or transportation in aid of 

racketeering enterprises); 

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

‘‘(x) section 1957 (relating to engaging in 

monetary transactions in property derived 

from specified unlawful activity); or 

‘‘(xi) sections 2312 through 2315 (relating to 

interstate transportation of stolen motor vehicles or stolen property). 

‘‘(E) Any conduct punishable under section 

274 (relating to bringing in and harboring 

certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the 

United States), or section 278 (relating to importation of aliens for immoral purposes) of 

the Immigration and Nationality Act (8 

U.S.C. 1324, 1327, and 1328). 


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S106 CONGRESSIONAL RECORD — SENATE January 6, 2009 

‘‘(F) Any crime involving aggravated sexual abuse, sexual assault, pimping or pandering involving prostitution, sexual exploitation of children (including sections 2251, 

2251A, 2252 and 2260), peonage, slavery, or 

trafficking in persons (including sections 

1581 through 1592) and sections 2421 through 

2427 (relating to transport for illegal sexual 

activity). 

‘‘(3) MINOR.—The term ‘minor’ means an 

individual who is less than 18 years of age. 

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

‘serious violent felony’ has the meaning 

given that term in section 3559. 

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

of the several States of the United States, 

the District of Columbia, and any commonwealth, territory, or possession of the United 

States. 

‘‘SEC. 522. CRIMINAL STREET GANG PROSECUTIONS. 

‘‘(a) STREET GANG CRIME.—It shall be unlawful for any person to knowingly commit, 

or conspire, threaten, or attempt to commit, 

a gang crime for the purpose of furthering 

the activities of a criminal street gang, or 

gaining entrance to or maintaining or increasing position in a criminal street gang, if 

the activities of that criminal street gang 

occur in or affect interstate or foreign commerce. 

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

subsection (a) shall be fined under this title 

and— 

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

would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or 

maiming, imprisonment for any term of 

years or for life; 

‘‘(2) for any other serious violent felony, by 

imprisonment for not more than 30 years; 

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

serious violent felony, by imprisonment for 

not more than 20 years; and 

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

for not more than 10 years. 

‘‘SEC. 523. RECRUITMENT OF PERSONS TO PARTICIPATE IN A CRIMINAL STREET 

GANG. 

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

to knowingly recruit, employ, solicit, induce, command, coerce, or cause another 

person to be or remain as a member of a 

criminal street gang, or attempt or conspire 

to do so, with the intent to cause that person 

to participate in a gang crime, if the defendant travels in interstate or foreign commerce in the course of the offense, or if the 

activities of that criminal street gang are in 

or affect interstate or foreign commerce. 

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

‘‘(1) if the person recruited, employed, solicited, induced, commanded, coerced, or 

caused to participate or remain in a criminal 

street gang is a minor— 

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

not more than 10 years, or both; and 

‘‘(B) at the discretion of the sentencing 

judge, be liable for any costs incurred by the 

Federal Government, or by any State or 

local government, for housing, maintaining, 

and treating the minor until the person attains the age of 18 years; 

‘‘(2) if the person who recruits, employs, 

solicits, induces, commands, coerces, or 

causes the participation or remaining in a 

criminal street gang is incarcerated at the 

time the offense takes place, be fined under 

this title, imprisoned not more than 10 

years, or both; and 

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

title, imprisoned not more than 5 years, or 

both. 

‘‘(c) CONSECUTIVE NATURE OF PENALTIES.— 

Any term of imprisonment imposed under 

subsection (b)(2) shall be consecutive to any 

term imposed for any other offense. 

‘‘SEC. 524. VIOLENT CRIMES IN FURTHERANCE OF 

CRIMINAL STREET GANGS. 

‘‘(a) IN GENERAL.—It shall be unlawful for 

any person, for the purpose of gaining entrance to or maintaining or increasing position in, or in furtherance of, or in association with, a criminal street gang, or as consideration for anything of pecuniary value to 

or from a criminal street gang, to knowingly 

commit or threaten to commit against any 

individual a crime of violence that is an offense under Federal law punishable by imprisonment for more than 1 year or a felony 

offense under State law that is punishable by 

a term of imprisonment of 5 years or more, 

or attempt or conspire to do so, if the activities of the criminal street gang occur in or 

affect interstate or foreign commerce. 

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

subsection (a) shall be punished by a fine 

under this title and— 

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

would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or 

maiming, by imprisonment for any term of 

years or for life; 

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

one described in paragraph (1), by imprisonment for not more than 30 years; and 

‘‘(3) in any other case, by imprisonment for 

not more than 20 years. 

‘‘SEC. 525. FORFEITURE. 

‘‘(a) CRIMINAL FORFEITURE.—A person who 

is convicted of a violation of this chapter 

shall forfeit to the United States— 

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

used, in any manner or part, to commit, or 

to facilitate the commission of, the violation; and 

‘‘(2) any property constituting, or derived 

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

‘‘(b) PROCEDURES APPLICABLE.—Pursuant 

to section 2461(c) of title 28, the provisions of 

section 413 of the Controlled Substances Act 

(21 U.S.C. 853), except subsections (a) and (d) 

of that section, shall apply to the criminal 

forfeiture of property under this section.’’. 

(b) AMENDMENT RELATING TO PRIORITY OF

FORFEITURE OVER ORDERS FOR RESTITUTION.—Section 3663(c)(4) of title 18, United 

States Code, is amended by striking ‘‘chapter 46 or’’ and inserting ‘‘chapter 26, chapter 

46, or’’. 

(c) MONEY LAUNDERING.—Section 

1956(c)(7)(D) of title 18, United States Code, is 

amended by inserting ‘‘, section 522 (relating 

to criminal street gang prosecutions), 523 

(relating to recruitment of persons to participate in a criminal street gang), and 524 

(relating to violent crimes in furtherance of 

criminal street gangs)’’ before ‘‘, section 

541’’. 

(d) AMENDMENT OF SPECIAL SENTENCING

PROVISION PROHIBITING PRISONER COMMUNICATIONS.—Section 3582(d) of title 18, United 

States Code, is amended— 

(1) by inserting ‘‘chapter 26 (criminal 

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

(2) by inserting ‘‘a criminal street gang or’’ 

before ‘‘an illegal enterprise’’. 

TITLE II—VIOLENT CRIME REFORMS TO 

REDUCE GANG VIOLENCE 

SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY. 

Section 1959(a) of title 18, United States 

Code, is amended— 

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

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

aid of an enterprise engaged in racketeering 

activity,’’ before ‘‘murders,’’; and 

(B) by inserting ‘‘engages in conduct that 

would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States,’’ before ‘‘maims,’’; 

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

that would violate section 2241 if the conduct 

occurred in the special maritime and territorial jurisdiction of the United States, or 

maiming,’’ after ‘‘kidnapping,’’; 

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

and inserting ‘‘assault resulting in serious 

bodily injury’’; 

(4) in paragraph (3), by striking ‘‘or assault 

resulting in serious bodily injury’’; 

(5) in paragraph (4)— 

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

‘‘10 years’’; and 

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

(6) by striking paragraphs (5) and (6) and 

inserting the following: 

‘‘(5) for attempting or conspiring to commit any offense under this section, by the 

same penalties (other than the death penalty) as those prescribed for the offense, the 

commission of which was the object of the 

attempt or conspiracy.’’. 

SEC. 202. MURDER AND OTHER VIOLENT CRIMES 

COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING 

CRIME. 

(a) IN GENERAL.—Part D of the Controlled 

Substances Act (21 U.S.C. 841 et seq.) is 

amended by adding at the end the following: 

‘‘SEC. 424. MURDER AND OTHER VIOLENT CRIMES 

COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING 

CRIME. 

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

relation to any drug trafficking crime, 

knowingly commits any crime of violence 

against any individual that is an offense 

under Federal law punishable by imprisonment for more than 1 year or a felony offense 

under State law that is punishable by a term 

of imprisonment of 5 years or more, or 

threatens, attempts or conspires to do so, 

shall be punished by a fine under title 18, 

United States Code, and— 

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

would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or 

maiming, by imprisonment for any term of 

years or for life; 

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

in section 3559 of title 18, United States 

Code) other than one described in paragraph 

(1) by imprisonment for not more than 30 

years; 

‘‘(3) for a crime of violence that is not a serious violent felony, by imprisonment for 

not more than 20 years; and 

‘‘(4) in any other case by imprisonment for 

not more than 10 years. 

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

of this section may be brought in— 

‘‘(1) the judicial district in which the murder or other crime of violence occurred; or 

‘‘(2) any judicial district in which the drug 

trafficking crime may be prosecuted. 

‘‘(c) DEFINITIONS.—In this section— 

‘‘(1) the term ‘crime of violence’ has the 

meaning given that term in section 16 of 

title 18, United States Code; and 

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

the meaning given that term in section 

924(c)(2) of title 18, United States Code.’’. 

(b) CLERICAL AMENDMENT.—The table of 

contents for the Comprehensive Drug Abuse 

Prevention and Control Act of 1970 (Public 

Law 91–513; 84 Stat. 1236) is amended by inserting after the item relating to section 423, 

the following: 

‘‘Sec. 424. Murder and other violent crimes 

committed during and in relation to a drug trafficking 

crime.’’. 

SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS CHARGED WITH FIREARMS OFFENSES. 

Section 3142(e) of title 18, United States 

Code, is amended in the matter following 


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January 6, 2009 CONGRESSIONAL RECORD — SENATE S107 

paragraph (3), by inserting after ‘‘that the 

person committed’’ the following: ‘‘an offense under subsection (g)(1) (where the underlying conviction is a drug trafficking 

crime or crime of violence (as those terms 

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

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

section 922,’’. 

SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

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

United States Code, is amended by adding at 

the end the following: 

‘‘§ 3299A. Violent crime offenses 

‘‘No person shall be prosecuted, tried, or 

punished for any noncapital felony crime of 

violence, including any racketeering activity 

or gang crime which involves any crime of 

violence, unless the indictment is found or 

the information is instituted not later than 

10 years after the date on which the alleged 

violation occurred or the continuing offense 

was completed.’’. 

(b) CLERICAL AMENDMENT.—The table of 

sections at the beginning of chapter 213 of 

title 18, United States Code, is amended by 

adding at the end the following: 

‘‘3299A. Violent crime offenses.’’. 

SEC. 205. STUDY OF HEARSAY EXCEPTION FOR 

FORFEITURE BY WRONGDOING. 

The Judicial Conference of the United 

States shall study the necessity and desirability of amending section 804(b) of the Federal Rules of Evidence to permit the introduction of statements against a party by a 

witness who has been made unavailable 

where it is reasonably foreseeable by that 

party that wrongdoing would make the declarant unavailable. 

SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FELONS. 

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

United States Code, is amended by striking 

paragraph (1) and inserting the following: 

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

section 922(g) of this title and has previously 

been convicted by any court referred to in 

section 922(g)(1) of a violent felony or a serious drug offense shall— 

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

where a period of not more than 10 years has 

elapsed since the later of the date of conviction and the date of release of the person 

from imprisonment for that conviction, be 

imprisoned for not more than 15 years, fined 

under this title, or both; 

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

committed on occasions different from one 

another, and where a period of not more than 

10 years has elapsed since the later of the 

date of conviction and the date of release of 

the person from imprisonment for the most 

recent such conviction, be imprisoned for not 

more than 20 years, fined under this title, or 

both; and 

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

committed on occasions different from one 

another, and where a period of not more than 

10 years has elapsed since the later of date of 

conviction and the date of release of the person from imprisonment for the most recent 

such conviction, be imprisoned for any term 

of years not less than 15 years or for life and 

fined under this title, and notwithstanding 

any other provision of law, the court shall 

not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under section 

922(g).’’. 

(b) AMENDMENT TO SENTENCING GUIDELINES.—Pursuant to its authority under section 994(p) of title 28, United States Code, the 

United States Sentencing Commission shall 

amend the Federal Sentencing Guidelines to 

provide for an appropriate increase in the offense level for violations of section 922(g) of 

title 18, United States Code, in accordance 

with section 924(e) of that title 18, as amended by subsection (a). 

SEC. 207. CONFORMING AMENDMENT. 

The matter preceding paragraph (1) in section 922(d) of title 18, United States Code, is 

amended by inserting ‘‘, transfer,’’ after 

‘‘sell’’. 

SEC. 208. AMENDMENTS RELATING TO VIOLENT 

CRIME. 

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

United States Code, is amended— 

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

by striking ‘‘, with the intent’’ and all that 

follows through ‘‘to do so, shall’’ and inserting ‘‘knowingly takes a motor vehicle that 

has been transported, shipped, or received in 

interstate or foreign commerce from the person of another by force and violence or by intimidation, causing a reasonable apprehension of fear of death or serious bodily injury 

in an individual, or attempts or conspires to 

do so, shall’’; 

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

and inserting ‘‘20 years’’; 

(3) in paragraph (2), by striking ‘‘or imprisoned not more than 25 years, or both’’ and 

inserting ‘‘and imprisoned for any term of 

years or for life’’; and 

(4) in paragraph (3), by inserting ‘‘the person takes or attempts to take the motor vehicle in violation of this section with intent 

to cause death or cause serious bodily injury, 

and’’ before ‘‘death results’’. 

(b) CLARIFICATION AND STRENGTHENING OF

PROHIBITION ON ILLEGAL GUN TRANSFERS TO

COMMIT DRUG TRAFFICKING CRIME OR CRIME

OF VIOLENCE.—Section 924(h) of title 18, 

United States Code, is amended to read as 

follows: 

‘‘(h) Whoever knowingly transfers a firearm that has moved in or that otherwise affects interstate or foreign commerce, knowing that the firearm will be used to commit, 

or possessed in furtherance of, a crime of violence (as defined in subsection (c)(3)) or drug 

trafficking crime (as defined in subsection 

(c)(2)) shall be fined under this title and imprisoned not more than 20 years.’’. 

(c) AMENDMENT OF SPECIAL SENTENCING

PROVISION RELATING TO LIMITATIONS ON

CRIMINAL ASSOCIATION.—Section 3582(d) of 

title 18, United States Code, is amended— 

(1) by inserting ‘‘chapter 26 of this title 

(criminal street gang prosecutions) or in’’ 

after ‘‘felony set forth in’’; and 

(2) by inserting ‘‘a criminal street gang or’’ 

before ‘‘an illegal enterprise’’. 

(d) CONSPIRACY PENALTY.—Section 371 of 

title 18, United States Code, is amended by 

striking ‘‘five years, or both.’’ and inserting 

‘‘10 years (unless the maximum penalty for 

the crime that served as the object of the 

conspiracy has a maximum penalty of imprisonment of less than 10 years, in which 

case the maximum penalty under this section shall be the penalty for such crime), or 

both. This paragraph does not supersede any 

other penalty specifically set forth for a conspiracy offense.’’. 

SEC. 209. PUBLICITY CAMPAIGN ABOUT NEW 

CRIMINAL PENALTIES. 

The Attorney General is authorized to conduct media campaigns in any area designated as a high intensity gang activity 

area under section 301 and any area with existing and emerging problems with gangs, as 

needed, to educate individuals in that area 

about the changes in criminal penalties 

made by this Act, and shall report to the 

Committee on the Judiciary of the Senate 

and the Committee on the Judiciary of the 

House of Representatives the amount of expenditures and all other aspects of the media 

campaign. 

SEC. 210. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES. 

Section 3286(a) of title 18, United States 

Code, is amended— 

(1) in the subsection heading, by striking 

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

and 

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

years’’ and inserting ‘‘10 years’’. 

SEC. 211. CRIMES COMMITTED IN INDIAN COUNTRY OR EXCLUSIVE FEDERAL JURISDICTION AS RACKETEERING PREDICATES. 

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

Code, is amended by inserting ‘‘, or would 

have been so chargeable if the act or threat 

(other than gambling) had not been committed in Indian country (as defined in section 1151) or in any other area of exclusive 

Federal jurisdiction,’’ after ‘‘chargeable 

under State law’’. 

SEC. 212. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE, 

ORAL, AND ELECTRONIC COMMUNICATIONS. 

Section 2516(1) of title 18, United States 

Code, is amended— 

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

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

(3) by inserting after paragraph (r) the following: 

‘‘(s) any violation of section 424 of the Controlled Substances Act (relating to murder 

and other violent crimes in furtherance of a 

drug trafficking crime); 

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

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

SEC. 213. CLARIFICATION OF HOBBS ACT. 

Section 1951(b) of title 18, United States 

Code, is amended— 

(1) in paragraph (1), by inserting ‘‘including the unlawful impersonation of a law enforcement officer (as that term is defined in 

section 245(c) of this title),’’ after ‘‘by means 

of actual or threatened force,’’; and 

(2) in paragraph (2), by inserting ‘‘including the unlawful impersonation of a law enforcement officer (as that term is defined in 

section 245(c) of this title),’’ after ‘‘by wrongful use of actual or threatened force,’’. 

SEC. 214. INTERSTATE TAMPERING WITH OR RETALIATION AGAINST A WITNESS, VICTIM, OR INFORMANT IN A STATE 

CRIMINAL PROCEEDING. 

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

United States Code, is amended by inserting 

after section 1513 the following: 

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

‘‘(a) IN GENERAL.—It shall be unlawful for 

any person— 

‘‘(1) to travel in interstate or foreign commerce, or to use the mail or any facility in 

interstate or foreign commerce, or to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to do 

the same, with the intent to— 

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

force against any witness, informant, victim, 

or other participant in a State criminal proceeding in an effort to influence or prevent 

participation in such proceeding, or to retaliate against such individual for participating in such proceeding; or 

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

testifying any actual or prospective witness 

in a State criminal proceeding; or 

‘‘(2) to attempt or conspire to commit an 

offense under subparagraph (A) or (B) of 

paragraph (1). 

‘‘(b) PENALTIES.— 

‘‘(1) USE OF FORCE.—Any person who violates subsection (a)(1)(A) by use of force— 

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

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

injury results, shall be fined under this title, 

imprisoned for any term of years or for life, 

or both. 


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‘‘(2) OTHER VIOLATIONS.—Any person who 

violates subsection (a)(1)(A) by threatened 

use of force or violates paragraph (1)(B) or (2) 

of subsection (a) shall be fined under this 

title, imprisoned not more than 10 years, or 

both. 

‘‘(c) VENUE.—A prosecution under this section may be brought in the district in which 

the official proceeding (whether or not pending, about to be instituted or was completed) 

was intended to be affected or was completed, or in which the conduct constituting 

the alleged offense occurred.’’. 

(b) CONFORMING AMENDMENT.—Section 1512 

is amended, in the section heading, by adding at the end the following: ‘‘in a Federal 

proceeding’’. 

(c) CHAPTER ANALYSIS.—The table of sections for chapter 73 of title 18, United States 

Code, is amended— 

(1) by striking the item relating to section 

1512 and inserting the following: 

‘‘1512. Tampering with a witness, victim, or 

an informant in a Federal proceeding.’’; 

and 

(2) by inserting after the item relating to 

section 1513 the following: 

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

or informant in a State criminal proceeding.’’. 

SEC. 215. AMENDMENT OF SENTENCING GUIDELINES. 

(a) IN GENERAL.—Pursuant to its authority 

under section 994 of title 28, United States 

Code, and in accordance with this section, 

the United States Sentencing Commission 

shall review and, if appropriate, amend its 

guidelines and policy statements to conform 

with this title and the amendments made by 

this title. 

(b) REQUIREMENTS.—In carrying out this 

section, the United States Sentencing Commission shall— 

(1) establish new guidelines and policy 

statements, as warranted, in order to implement new or revised criminal offenses under 

this title and the amendments made by this 

title; 

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

(A) whether the guidelines offense levels 

and enhancements— 

(i) are sufficient to deter and punish such 

offenses; and 

(ii) are adequate in view of the statutory 

increases in penalties contained in this title 

and the amendments made by this title; and 

(B) whether any existing or new specific offense characteristics should be added to reflect congressional intent to increase penalties for the offenses set forth in this title 

and the amendments made by this title; 

(3) ensure that specific offense characteristics are added to increase the guideline 

range— 

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

gang recruiting offense was an alien who was 

present in the United States in violation of 

section 275 or 276 of the Immigration and Nationality Act (8 U.S.C. 1325 and 1326) at the 

time the offense was committed; and 

(B) by at least 4 offense levels, if such defendant had also previously been ordered removed or deported under the Immigration 

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

the grounds of having committed a crime; 

(4) determine under what circumstances a 

sentence of imprisonment imposed under 

this title or the amendments made by this 

title shall run consecutively to any other 

sentence of imprisonment imposed for any 

other crime, except that the Commission 

shall ensure that a sentence of imprisonment 

imposed under section 424 of the Controlled 

Substances Act (21 U.S.C. 841 et seq.), as 

added by this Act, shall run consecutively, 

to an extent that the Sentencing Commission determines appropriate, to the sentence 

imposed for the underlying drug trafficking 

offense; 

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

(6) ensure reasonable consistency with 

other relevant directives, other sentencing 

guidelines, and statutes; 

(7) make any necessary and conforming 

changes to the sentencing guidelines and policy statements; and 

(8) ensure that the guidelines adequately 

meet the purposes of sentencing set forth in 

section 3553(a)(2) of title 18, United States 

Code. 

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. 

(a) DEFINITIONS.—In this section: 

(1) GOVERNOR.—The term ‘‘Governor’’ 

means a Governor of a State, the Mayor of 

the District of Columbia, the tribal leader of 

an Indian tribe, or the chief executive of a 

Commonwealth, territory, or possession of 

the United States. 

(2) HIGH INTENSITY GANG ACTIVITY AREA.— 

The term ‘‘high intensity gang activity 

area’’ or ‘‘HIGAA’’ means an area within 1 or 

more States or Indian country that is designated as a high intensity gang activity 

area under subsection (b)(1). 

(3) INDIAN COUNTRY.—The term ‘‘Indian 

country’’ has the meaning given the term in 

section 1151 of title 18, United States Code. 

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

has the meaning given the term in section 

4(e) of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b(e)). 

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

State of the United States, the District of 

Columbia, and any commonwealth, territory, 

or possession of the United States. 

(6) TRIBAL LEADER.—The term ‘‘tribal leader’’ means the chief executive officer representing the governing body of an Indian 

tribe. 

(b) HIGH INTENSITY GANG ACTIVITY

AREAS.— 

(1) DESIGNATION.—The Attorney General, 

after consultation with the Governors of appropriate States, may designate as high intensity gang activity areas, specific areas 

that are located within 1 or more States, 

which may consist of 1 or more municipalities, counties, or other jurisdictions as appropriate. 

(2) ASSISTANCE.—In order to provide Federal assistance to high intensity gang activity areas, the Attorney General shall— 

(A) establish local collaborative working 

groups, which shall include— 

(i) criminal street gang enforcement 

teams, consisting of Federal, State, tribal, 

and local law enforcement authorities, for 

the coordinated investigation, disruption, 

apprehension, and prosecution of criminal 

street gangs and offenders in each high intensity gang activity area; 

(ii) educational, community, and faith 

leaders in the area; 

(iii) service providers in the community, 

including those experienced at reaching 

youth and adults who have been involved in 

violence and violent gangs or groups, to provide gang-involved or seriously at-risk youth 

with positive alternatives to gangs and other 

violent groups and to address the needs of 

those who leave gangs and other violent 

groups, and those reentering society from 

prison; and 

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

(B) direct the reassignment or detailing 

from any Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department 

of Justice) of personnel to each criminal 

street gang enforcement team; 

(C) direct the reassignment or detailing of 

representatives from— 

(i) the Department of Justice; 

(ii) the Department of Education; 

(iii) the Department of Labor; 

(iv) the Department of Health and Human 

Services; 

(v) the Department of Housing and Urban 

Development; and 

(vi) any other Federal department or agency (subject to the approval of the head of 

that department or agency, in the case of a 

department or agency other than the Department of Justice) to each high intensity gang 

activity area to identify and coordinate efforts to access Federal programs and resources available to provide gang prevention, 

intervention, and reentry assistance; 

(D) prioritize and administer the Federal 

program and resource requests made by the 

local collaborative working group established under subparagraph (A) for each high 

intensity gang activity area; 

(E) provide all necessary funding for the 

operation of each local collaborative working group in each high intensity gang activity area; and 

(F) provide all necessary funding for national and regional meetings of local collaborative working groups, criminal street 

gang enforcement teams, and educational, 

community, social service, faith-based, and 

all other related organizations, as needed, to 

ensure effective operation of such teams 

through the sharing of intelligence and best 

practices and for any other related purpose. 

(3) COMPOSITION OF CRIMINAL STREET GANG

ENFORCEMENT TEAM.—Each team established 

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

agents and officers, where feasible, from— 

(A) the Federal Bureau of Investigation; 

(B) the Drug Enforcement Administration; 

(C) the Bureau of Alcohol, Tobacco, Firearms, and Explosives; 

(D) the United States Marshals Service; 

(E) the Department of Homeland Security; 

(F) the Department of Housing and Urban 

Development; 

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

tribal law enforcement; 

(H) Federal, State, and local prosecutors; 

and 

(I) the Bureau of Indian Affairs, Office of 

Law Enforcement Services, where appropriate. 

(4) CRITERIA FOR DESIGNATION.—In considering an area for designation as a high intensity gang activity area under this section, 

the Attorney General shall consider— 

(A) the current and predicted levels of gang 

crime activity in the area; 

(B) the extent to which qualitative and 

quantitative data indicate that violent 

crime in the area is related to criminal 

street gang activity, such as murder, robbery, assaults, carjacking, arson, kidnapping, extortion, drug trafficking, and other 

criminal activity; 

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

where appropriate, tribal law enforcement 

agencies, schools, community groups, social 


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service agencies, job agencies, faith-based organizations, and other organizations have 

committed resources to— 

(i) respond to the gang crime problem; and 

(ii) participate in a gang enforcement 

team; 

(D) the extent to which a significant increase in the allocation of Federal resources 

would enhance local response to the gang 

crime activities in the area; and 

(E) any other criteria that the Attorney 

General considers to be appropriate. 

(5) RELATION TO HIDTAS.—If the Attorney 

General establishes a high intensity gang activity area that substantially overlaps geographically with any existing high intensity 

drug trafficking area (in this section referred 

to as a ‘‘HIDTA’’), the Attorney General 

shall direct the local collaborative working 

group for that high intensity gang activity 

area to enter into an agreement with the Executive Board for that HIDTA, providing 

that— 

(A) the Executive Board of that HIDTA 

shall establish a separate high intensity 

gang activity area law enforcement steering 

committee, and select (with a preference for 

Federal, State, and local law enforcement 

agencies that are within the geographic area 

of that high intensity gang activity area) the 

members of that committee, subject to the 

concurrence of the Attorney General; 

(B) the high intensity gang activity area 

law enforcement steering committee established under subparagraph (A) shall administer the funds provided under subsection 

(g)(1) for the criminal street gang enforcement team, after consulting with, and consistent with the goals and strategies established by, that local collaborative working 

group; 

(C) the high intensity gang activity area 

law enforcement steering committee established under subparagraph (A) shall select, 

from Federal, State, and local law enforcement agencies within the geographic area of 

that high intensity gang activity area, the 

members of the Criminal Street Gang Enforcement Team, in accordance with paragraph (3); and 

(D) the Criminal Street Gang Enforcement 

Team of that high intensity gang activity 

area, and its law enforcement steering committee, may, with approval of the Executive 

Board of the HIDTA with which it substantially overlaps, utilize the intelligence-sharing, administrative, and other resources of 

that HIDTA. 

(c) REPORTING REQUIREMENTS.— 

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

of each year, the Attorney General shall submit a report to the appropriate committees 

of Congress and the Director of the Office of 

Management and Budget and the Domestic 

Policy Council that describes, for each designated high intensity gang activity area— 

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

goals and objectives; 

(B) the measurements used to evaluate the 

performance of the high intensity gang activity area in achieving the long-term and 

short-term goals; 

(C) the age, composition, and membership 

of gangs; 

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

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

to compile that report; and 

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

(i) an evidence-based analysis of the best 

practices and outcomes from the work of the 

relevant local collaborative working group; 

and 

(ii) an analysis of whether Federal resources distributed meet the needs of the 

high intensity gang activity area and, if any 

programmatic funding shortfalls exist, recommendations for programs or funding to 

meet such shortfalls. 

(2) APPROPRIATE COMMITTEES.—In this subsection, the term ‘‘appropriate committees 

of Congress’’ means— 

(A) the Committee on the Judiciary, the 

Committee on Appropriations, and the Committee on Health, Education, Labor, and 

Pensions of the Senate; and 

(B) the Committee on the Judiciary, the 

Committee on Appropriations, the Committee on Education and Labor, and the 

Committee on Energy and Commerce of the 

House of Representatives. 

(d) ADDITIONAL ASSISTANT UNITED STATES

ATTORNEYS.—The Attorney General is authorized to hire 94 additional Assistant 

United States attorneys, and nonattorney 

coordinators and paralegals as necessary, to 

carry out the provisions of this section. 

(e) ADDITIONAL DEFENSE COUNSEL.—In each 

of the fiscal years 2009 through 2013, the Director of the Administrative Office of the 

United States Courts is authorized to hire 71 

additional attorneys, nonattorney coordinators, and investigators, as necessary, in Federal Defender Programs and Federal Community Defender Organizations, and to make 

additional payments as necessary to retain 

appointed counsel under section 3006A of 

title 18, United States Code, to adequately 

respond to any increased or expanded caseloads that may occur as a result of this Act 

or the amendments made by this Act. Funding under this subsection shall not exceed 

the funding levels under subsection (d). 

(f) NATIONAL GANG RESEARCH, EVALUATION, 

AND POLICY INSTITUTE.— 

(1) IN GENERAL.—The Office of Justice Programs of the Department of Justice, after 

consulting with relevant law enforcement officials, practitioners and researchers, shall 

establish a National Gang Research, Evaluation, and Policy Institute (in this subsection 

referred to as the ‘‘Institute’’). 

(2) ACTIVITIES.—The Institute shall— 

(A) promote and facilitate the implementation of data-driven, effective gang violence 

suppression, prevention, intervention, and 

reentry models, such as the Operation 

Ceasefire model, the Strategic Public Health 

Approach, the Gang Reduction Program, or 

any other promising municipally driven, 

comprehensive community-wide strategy 

that is demonstrated to be effective in reducing gang violence; 

(B) assist jurisdictions by conducting timely research on effective models and designing 

and promoting implementation of effective 

local strategies, including programs that 

have objectives and data on how they reduce 

gang violence (including shootings and 

killings), using prevention, outreach, and 

community approaches, and that demonstrate the efficacy of these approaches; 

and 

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

(3) NATIONAL CONFERENCE.—Not later than 

90 days after the date of its formation, the 

Institute shall design and conduct a national 

conference to reduce and prevent gang violence, and to teach and promote gang violence prevention, intervention, and reentry 

strategies. The conference shall be attended 

by appropriate representatives from criminal 

street gang enforcement teams, and local 

collaborative working groups, including representatives of educational, community, religious, and social service organizations, and 

gang program and policy research evaluators. 

(4) NATIONAL DEMONSTRATION SITES.—Not 

later than 120 days after the date of its formation, the Institute shall select appropriate HIGAA areas to serve as primary national demonstration sites, based on the nature, concentration, and distribution of various gang types, the jurisdiction’s established capacity to integrate prevention, 

intervention, re-entry and enforcement efforts, and the range of particular gang-related issues. After establishing primary national demonstration sites, the Institute 

shall establish such other secondary sites, to 

be linked to and receive evaluation, research, and technical assistance through the 

primary sites, as it may determine appropriate. 

(5) DISSEMINATION OF INFORMATION.—Not 

later than 180 days after the date of its formation, the Institute shall develop and begin 

dissemination of information about methods 

to effectively reduce and prevent gang violence, including guides, research and assessment models, case studies, evaluations, and 

best practices. The Institute shall also create a website, designed to support the implementation of successful gang violence prevention models, and disseminate appropriate 

information to assist jurisdictions in reducing gang violence. 

(6) GANG INTERVENTION ACADEMIES.—Not 

later than 6 months after the date of its formation, the Institute shall, either directly or 

through contracts with qualified nonprofit 

organizations, establish not less than 1 

training academy, located in a high intensity gang activity area, to promote effective 

gang intervention and community policing. 

The purposes of an academy established 

under this paragraph shall be to increase 

professionalism of gang intervention workers, improve officer training for working 

with gang intervention workers, create best 

practices for independent cooperation between officers and intervention workers, and 

develop training for community policing. 

(7) SUPPORT.—The Institute shall obtain 

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

(8) RESEARCH AGENDA.—The Institute shall 

establish and implement a core research 

agenda designed to address areas of particular challenge, including— 

(A) how best to apply and continue to test 

the models described in paragraph (2) in particularly large jurisdictions; 

(B) how to foster and maximize the continuing impact of community moral voices 

in this context; 

(C) how to ensure the long-term sustainability of reduced violent crime levels once 

initial levels of enthusiasm may subside; and 

(D) how to apply existing intervention 

frameworks to emerging local, regional, national, or international gang problems, such 

as the emergence of the gang known as MS– 

13. 

(9) EVALUATION.—The National Institute of 

Justice shall evaluate, on a continuing basis, 

comprehensive gang violence prevention, 

intervention, suppression, and reentry strategies supported by the Institute, and shall 

report the results of these evaluations by no 

later than October 1 each year to the Committee on the Judiciary of the Senate and 

the Committee on the Judiciary of the House 

of Representatives. 

(10) FUNDS.—The Attorney General shall 

use not less than 3 percent, and not more 

than 5 percent, of the amounts made available under this section to establish and operate the Institute. 

(g) USE OF FUNDS.—Of amounts made available to a local collaborative working group 

under this section for each fiscal year that 

are remaining after the costs of hiring a full 

time coordinator for the local collaborative 

effort— 


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(1) 50 percent shall be used for the operation of criminal street gang enforcement 

teams; and 

(2) 50 percent shall be used— 

(A) to provide at-risk youth with positive 

alternatives to gangs and other violent 

groups and to address the needs of those who 

leave gangs and other violent groups 

through— 

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

(ii) faith leaders and other individuals experienced at reaching youth who have been 

involved in violence and violent gangs or 

groups; 

(B) for the establishment and operation of 

the National Gang Research, Evaluation, and 

Policy Institute; and 

(C) to support and provide technical assistance to research in criminal justice, social 

services, and community gang violence prevention collaborations. 

(h) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated to 

carry out this section $75,000,000 for each of 

fiscal years 2009 through 2013. Any funds 

made available under this subsection shall 

remain available until expended. 

SEC. 302. GANG PREVENTION GRANTS. 

(a) AUTHORITY TO MAKE GRANTS.—The Office of Justice Programs of the Department 

of Justice may make grants, in accordance 

with such regulations as the Attorney General may prescribe, to States, units of local 

government, tribal governments, and qualified private entities, to develop communitybased programs that provide crime prevention, research, and intervention services that 

are designed for gang members and at-risk 

youth. 

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

this section may be used (including through 

subgrants) for— 

(1) preventing initial gang recruitment and 

involvement among younger teenagers; 

(2) reducing gang involvement through 

nonviolent and constructive activities, such 

as community service programs, development of nonviolent conflict resolution skills, 

employment and legal assistance, family 

counseling, and other safe, community-based 

alternatives for high-risk youth; 

(3) developing in-school and after-school 

gang safety, control, education, and resistance procedures and programs; 

(4) identifying and addressing early childhood risk factors for gang involvement, including parent training and childhood skills 

development; 

(5) identifying and fostering protective factors that buffer children and adolescents 

from gang involvement; 

(6) developing and identifying investigative 

programs designed to deter gang recruitment, involvement, and activities through 

effective intelligence gathering; 

(7) developing programs and youth centers 

for first-time nonviolent offenders facing alternative penalties, such as mandated participation in community service, restitution, 

counseling, and education and prevention 

programs; 

(8) implementing regional, multidisciplinary approaches to combat gang violence 

though coordinated programs for prevention 

and intervention (including street outreach 

programs and other peacemaking activities) 

or coordinated law enforcement activities 

(including regional gang task forces and regional crime mapping strategies that enhance focused prosecutions and reintegration 

strategies for offender reentry); or 

(9) identifying at-risk and high-risk students through home visits organized through 

joint collaborations between law enforcement, faith-based organizations, schools, and 

social workers. 

(c) GRANT REQUIREMENTS.— 

(1) MAXIMUM.—The amount of a grant 

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

(2) CONSULTATION AND COOPERATION.—Each 

recipient of a grant under this section shall 

have in effect on the date of the application 

by that entity agreements to consult and cooperate with local, State, or Federal law enforcement and participate, as appropriate, in 

coordinated efforts to reduce gang activity 

and violence. 

(d) ANNUAL REPORT.—Each recipient of a 

grant under this section shall submit to the 

Attorney General, for each year in which 

funds from a grant received under this section are expended, a report containing— 

(1) a summary of the activities carried out 

with grant funds during that year; 

(2) an assessment of the effectiveness of 

the crime prevention, research, and intervention activities of the recipient, based on data 

collected by the grant recipient; 

(3) a strategic plan for the year following 

the year described in paragraph (1); 

(4) evidence of consultation and cooperation with local, State, or Federal law enforcement or, if the grant recipient is a government entity, evidence of consultation 

with an organization engaged in any activity 

described in subsection (b); and 

(5) such other information as the Attorney 

General may require. 

(e) DEFINITION.—In this section, the term 

‘‘units of local government’’ includes sheriffs 

departments, police departments, and local 

prosecutor offices. 

(f) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated for 

grants under this section $35,000,000 for each 

of the fiscal years 2009 through 2013. 

SEC. 303. ENHANCEMENT OF PROJECT SAFE 

NEIGHBORHOODS INITIATIVE TO IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT 

GANGS. 

(a) IN GENERAL.—While maintaining the 

focus of Project Safe Neighborhoods as a 

comprehensive, strategic approach to reducing gun violence in America, the Attorney 

General is authorized to expand the Project 

Safe Neighborhoods program to require each 

United States attorney to— 

(1) identify, investigate, and prosecute significant criminal street gangs operating 

within their district; and 

(2) coordinate the identification, investigation, and prosecution of criminal street 

gangs among Federal, State, and local law 

enforcement agencies. 

(b) ADDITIONAL STAFF FOR PROJECT SAFE

NEIGHBORHOODS.— 

(1) IN GENERAL.—The Attorney General 

may hire Assistant United States attorneys, 

non-attorney coordinators, or paralegals to 

carry out the provisions of this section. 

(2) ENFORCEMENT.—The Attorney General 

may hire Bureau of Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise expend additional resources in support 

of, the Project Safe Neighborhoods/Firearms 

Violence Reduction program. 

(3) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated 

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

through 2013 to carry out this section. Any 

funds made available under this paragraph 

shall remain available until expended. 

SEC. 304. ADDITIONAL RESOURCES NEEDED BY 

THE FEDERAL BUREAU OF INVESTIGATION TO INVESTIGATE AND 

PROSECUTE VIOLENT CRIMINAL 

STREET GANGS. 

(a) EXPANSION OF SAFE STREETS PROGRAM.—The Attorney General is authorized 

to expand the Safe Streets Program of the 

Federal Bureau of Investigation for the purpose of supporting criminal street gang enforcement teams. 

(b) NATIONAL GANG ACTIVITY DATABASE.— 

(1) IN GENERAL.—The Attorney General 

shall establish a National Gang Activity 

Database to be housed at and administered 

by the Department of Justice. 

(2) DESCRIPTION.—The database required by 

paragraph (1) shall— 

(A) be designed to disseminate gang information to law enforcement agencies 

throughout the country and, subject to appropriate controls, to disseminate aggregate 

statistical information to other members of 

the criminal justice system, community 

leaders, academics, and the public; 

(B) contain critical information on gangs, 

gang members, firearms, criminal activities, 

vehicles, and other information useful for investigators in solving and reducing gang-related crimes; 

(C) operate in a manner that enables law 

enforcement agencies to— 

(i) identify gang members involved in 

crimes; 

(ii) track the movement of gangs and members throughout the region; 

(iii) coordinate law enforcement response 

to gang violence; 

(iv) enhance officer safety; 

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

statistical data on gang crime and violence; 

(vi) forecast trends and respond accordingly; and 

(vii) more easily solve crimes and prevent 

violence; and 

(D) be subject to guidelines, issued by the 

Attorney General, specifying the criteria for 

adding information to the database, the appropriate period for retention of such information, and a process for removing individuals from the database, and prohibiting disseminating gang information to any entity 

that is not a law enforcement agency, except 

aggregate statistical information where appropriate. 

(3) USE OF RISS SECURE INTRANET.—From 

amounts made available to carry out this 

section, the Attorney General shall provide 

the Regional Information Sharing Systems 

such sums as are necessary to use the secure 

intranet known as RISSNET to electronically connect existing gang information systems (including the RISSGang National 

Gang Database) with the National Gang Activity Database, thereby facilitating the 

automated information exchange of existing 

gang data by all connected systems without 

the need for additional databases or data 

replication. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—In addition to amounts 

otherwise authorized, there are authorized to 

be appropriated to the Attorney General 

$10,000,000 for each of fiscal years 2009 

through 2013 to carry out this section. 

(2) AVAILABILITY.—Any amounts appropriated under paragraph (1) shall remain 

available until expended. 

SEC. 305. GRANTS TO PROSECUTORS AND LAW 

ENFORCEMENT TO COMBAT VIOLENT CRIME. 

(a) IN GENERAL.—Section 31702 of the Violent Crime Control and Law Enforcement 

Act of 1994 (42 U.S.C. 13862) is amended— 

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

the end; 

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

at the end and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(5) to hire additional prosecutors to— 

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

and 

‘‘(B) reduce backlogs; and 

‘‘(6) to fund technology, equipment, and 

training for prosecutors and law enforcement 

in order to increase accurate identification 

of gang members and violent offenders, and 

to maintain databases with such information 


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to facilitate coordination among law enforcement and prosecutors.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.— 

Section 31707 of the Violent Crime Control 

and Law Enforcement Act of 1994 (42 U.S.C. 

13867) is amended to read as follows: 

‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

‘‘There are authorized to be appropriated 

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

through 2013 to carry out this subtitle.’’. 

SEC. 306. EXPANSION AND REAUTHORIZATION OF 

THE MENTORING INITIATIVE FOR 

SYSTEM INVOLVED YOUTH. 

(a) EXPANSION.—Section 261(a) of the Juvenile Justice and Delinquency Prevention Act 

of 1974 (42 U.S.C. 5665(a)) is amended by adding at the end the following: ‘‘The Administrator shall expand the number of sites receiving such grants from 4 to 12.’’. 

(b) AUTHORIZATION OF PROGRAM.—Section 

299(c) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 

5671(c)) is amended— 

(1) by striking ‘‘There are authorized’’ and 

inserting the following: 

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

and 

(2) by adding at the end the following: 

‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR

MENTORING INITIATIVE.—There are authorized 

to be appropriated to carry out the Mentoring Initiative for System Involved Youth 

Program under part E $4,800,000 for each of 

fiscal years 2009 through 2013.’’. 

SEC. 307. DEMONSTRATION GRANTS TO ENCOURAGE CREATIVE APPROACHES TO 

GANG ACTIVITY AND AFTER-SCHOOL 

PROGRAMS. 

(a) IN GENERAL.—The Attorney General 

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

(b) CERTAIN APPROACHES.—Approaches 

under subsection (a) may include the following: 

(1) Encouraging teen-driven approaches to 

gang activity prevention. 

(2) Educating parents to recognize signs of 

problems and potential gang involvement in 

their children. 

(3) Teaching parents the importance of a 

nurturing family and home environment to 

keep children out of gangs. 

(4) Facilitating communication between 

parents and children, especially programs 

that have been evaluated and proven effective. 

(c) MATCHING FUNDS.— 

(1) IN GENERAL.—The Attorney General 

may make a grant under this section only if 

the entity receiving the grant agrees to 

make available (directly or through donations from public or private entities) nonFederal contributions toward the cost of activities to be performed with that grant in 

an amount that is not less than 25 percent of 

such costs. 

(2) DETERMINATION OF AMOUNT CONTRIBUTED.—Non-Federal contributions required 

under paragraph (1) may be in cash or in 

kind, fairly evaluated, including facilities, 

equipment, or services. Amounts provided by 

the Federal Government, or services assisted 

or subsidized to any significant extent by the 

Federal Government, may not be included in 

determining the amount of such non-Federal 

contributions. 

(d) EVALUATION OF PROJECTS.— 

(1) IN GENERAL.—The Attorney General 

shall establish criteria for the evaluation of 

projects involving innovative approaches 

under subsection (a). 

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

subsection (a) only if the entity involved— 

(A) agrees to conduct evaluations of the 

approach in accordance with the criteria established under paragraph (1); 

(B) agrees to submit to the Attorney General reports describing the results of the 

evaluations, as the Attorney General determines to be appropriate; and 

(C) submits to the Attorney General, in the 

application under subsection (e), a plan for 

conducting the evaluations. 

(e) APPLICATION FOR GRANT.—A public or 

nonprofit private entity desiring a grant 

under this section shall submit an application in such form, in such manner, and containing such agreements, assurances, and information (including the agreements under 

subsections (c) and (d) and the plan under 

subsection (d)(2)(C)) as the Attorney General 

determines appropriate. 

(f) REPORT TO CONGRESS.—Not later than 

February 1 of each year, the Attorney General shall submit to Congress a report describing the extent to which the approaches 

under subsection (a) have been successful in 

reducing the rate of gang activity in the 

communities in which the approaches have 

been carried out. Each report under this subsection shall describe the various approaches 

used under subsection (a) and the effectiveness of each of the approaches. 

(g) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated 

$5,000,000 to carry out this section for each of 

the fiscal years 2009 through 2013. 

SEC. 308. SHORT-TERM STATE WITNESS PROTECTION SECTION. 

(a) ESTABLISHMENT.— 

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

United States Code, is amended by adding at 

the end the following: 

‘‘§ 570. Short-term state witness protection 

section 

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

the United States Marshals Service a ShortTerm State Witness Protection Section 

which shall provide protection for witnesses 

in State and local trials involving homicide 

or other major violent crimes pursuant to 

cooperative agreements with State and local 

criminal prosecutor’s offices and the United 

States attorney for the District of Columbia. 

‘‘(b) ELIGIBILITY.— 

‘‘(1) IN GENERAL.—The Short-Term State 

Witness Protection Section shall give priority in awarding grants and providing services to— 

‘‘(A) criminal prosecutor’s offices for 

States with an average of not less than 100 

murders per year; and 

‘‘(B) criminal prosecutor’s offices for jurisdictions that include a city, town, or township with an average violent crime rate per 

100,000 inhabitants that is above the national 

average. 

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

and violent crime under paragraph (1) shall 

be calculated using the latest available 

crime statistics from the Federal Bureau of 

Investigation during 5-year period immediately preceding an application for protection.’’. 

(2) CHAPTER ANALYSIS.—The chapter analysis for chapter 37 of title 28, United States 

Code, is amended by striking the items relating to sections 570 through 576 and inserting 

the following: 

‘‘570. Short-Term State Witness Protection 

Section.’’. 

(b) GRANT PROGRAM.— 

(1) DEFINITIONS.—In this subsection— 

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

means a State or local criminal prosecutor’s 

office or the United States attorney for the 

District of Columbia; and 

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

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

title 18, United States Code. 

(2) GRANTS AUTHORIZED.— 

(A) IN GENERAL.—The Attorney General is 

authorized to make grants to eligible prosecutor’s offices for purposes of identifying 

witnesses in need of protection or providing 

short term protection to witnesses in trials 

involving homicide or serious violent felony. 

(B) ALLOCATION.—Each eligible prosecutor’s office receiving a grant under this subsection may— 

(i) use the grant to identify witnesses in 

need of protection or provide witness protection (including tattoo removal services); or 

(ii) pursuant to a cooperative agreement 

with the Short-Term State Witness Protection Section of the United States Marshals 

Service, credit the grant to the Short-Term 

State Witness Protection Section to cover 

the costs to the section of providing witness 

protection on behalf of the eligible prosecutor’s office. 

(3) APPLICATION.— 

(A) IN GENERAL.—Each eligible prosecutor’s 

office desiring a grant under this subsection 

shall submit an application to the Attorney 

General at such time, in such manner, and 

accompanied by such information as the Attorney General may reasonably require. 

(B) CONTENTS.—Each application submitted under subparagraph (A) shall— 

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

(ii) provide such additional assurances as 

the Attorney General determines to be essential to ensure compliance with the requirements of this subsection. 

(4) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated to 

carry out this subsection $90,000,000 for each 

of fiscal years 2009 through 2011. 

SEC. 309. WITNESS PROTECTION SERVICES. 

Section 3526 of title 18, United States Code 

(Cooperation of other Federal agencies and 

State governments; reimbursement of expenses) is amended by adding at the end the 

following: 

‘‘(c) In any case in which a State government requests the Attorney General to provide temporary protection under section 

3521(e) of this title, the costs of providing 

temporary protection are not reimbursable if 

the investigation or prosecution in any way 

relates to crimes of violence committed by a 

criminal street gang, as defined under the 

laws of the relevant State seeking assistance 

under this title.’’. 

SEC. 310. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION PROGRAM. 

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

inserting ‘‘, criminal street gang, serious 

drug offense, homicide,’’ after ‘‘organized 

criminal activity’’. 

SEC. 311. FAMILY ABDUCTION PREVENTION 

GRANT PROGRAM. 

(a) STATE GRANTS.—The Attorney General 

is authorized to make grants to States for 

projects involving— 

(1) the extradition of individuals suspected 

of committing a family abduction; 

(2) the investigation by State and local law 

enforcement agencies of family abduction 

cases; 

(3) the training of State and local law enforcement agencies in responding to family 

abductions and recovering abducted children, including the development of written 

guidelines and technical assistance; 

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

(5) the flagging of school records. 

(b) MATCHING REQUIREMENT.—Not less than 

50 percent of the cost of a project for which 

a grant is made under this section shall be 

provided by non-Federal sources. 

(c) DEFINITIONS.—In this section: 


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

abduction’’ means the taking, keeping, or 

concealing of a child or children by a parent, 

other family member, or person acting on behalf of the parent or family member, that 

prevents another individual from exercising 

lawful custody or visitation rights. 

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

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

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

of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the 

Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin 

Islands, any territory or possession of the 

United States, and any Indian tribe. 

(d) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated to 

carry out this section $500,000 for fiscal year 

2009 and such sums as may be necessary for 

each of fiscal years 2010 and 2011. 

SEC. 312. STUDY ON ADOLESCENT DEVELOPMENT 

AND SENTENCES IN THE FEDERAL 

SYSTEM. 

(a) IN GENERAL.—The United States Sentencing Commission shall conduct a study to 

examine the appropriateness of sentences for 

minors in the Federal system. 

(b) CONTENTS.—The study conducted under 

subsection (a) shall— 

(1) incorporate the most recent research 

and expertise in the field of adolescent brain 

development and culpability; 

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

(3) consider the appropriateness of life sentences without possibility for parole for 

minor offenders in the Federal system; and 

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

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

the date of enactment of this Act, the United 

States Sentencing Commission shall submit 

to Congress a report regarding the study 

conducted under subsection (a), which 

shall— 

(1) include the findings of the Commission; 

(2) describe significant cases reviewed as 

part of the study; and 

(3) make recommendations, if any. 

(d) REVISION OF GUIDELINES.—If determined 

appropriate by the United States Sentencing 

Commission, after completing the study 

under subsection (a) the Commission may, 

pursuant to its authority under section 994 of 

title 28, United States Code, establish or revise guidelines and policy statements, as 

warranted, relating to the sentencing of minors under this Act or the amendments made 

by this Act. 

SEC. 313. NATIONAL YOUTH ANTI-HEROIN MEDIA 

CAMPAIGN. 

Section 709 of the Office of National Drug 

Control Policy Reauthorization Act of 1998 

(21 U.S.C. 1708) is amended— 

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

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

(2) by inserting after subsection (j) the following: 

‘‘(k) PREVENTION OF HEROIN ABUSE.— 

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

‘‘(A) Heroin, and particularly the form 

known as ‘cheese heroin’ (a drug made by 

mixing black tar heroin with 

diphenhydramine), poses a significant and 

increasing threat to youth in the United 

States. 

‘‘(B) Drug organizations import heroin 

from outside of the United States, mix the 

highly addictive drug with diphenhydramine, 

and distribute it mostly to youth. 

‘‘(C) Since the initial discovery of cheese 

heroin on Dallas school campuses in 2005, at 

least 21 minors have died after overdosing on 

cheese heroin in Dallas County. 

‘‘(D) The number of arrests involving possession of cheese heroin in the Dallas area 

during the 2006–2007 school year increased 

over 60 percent from the previous school 

year. 

‘‘(E) The ease of communication via the 

Internet and cell phones allows a drug trend 

to spread rapidly across the country, creating a national threat. 

‘‘(F) Gangs recruit youth as new members 

by providing them with this inexpensive 

drug. 

‘‘(G) Reports show that there is rampant 

ignorance among youth about the dangerous 

and potentially fatal effects of cheese heroin. 

‘‘(2) PREVENTION OF HEROIN ABUSE.—In conducting advertising and activities otherwise 

authorized under this section, the Director 

shall promote prevention of youth heroin 

use, including cheese heroin.’’. 

SEC. 314. TRAINING AT THE NATIONAL ADVOCACY CENTER. 

(a) IN GENERAL.—The National District Attorneys Association may use the services of 

the National Advocacy Center in Columbia, 

South Carolina to conduct a national training program for State and local prosecutors 

for the purpose of improving the professional 

skills of State and local prosecutors and enhancing the ability of Federal, State, and 

local prosecutors to work together. 

(b) TRAINING.—The National Advocacy Center in Columbia, South Carolina may provide 

comprehensive continuing legal education in 

the areas of trial practice, substantive legal 

updates, and support staff training. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated to 

the Attorney General to carry out this section $6,500,000, to remain available until expended, for fiscal years 2009 through 2012. 

TITLE IV—CRIME PREVENTION AND 

INTERVENTION STRATEGIES 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Prevention 

Resources for Eliminating Criminal Activity 

Using Tailored Interventions in Our Neighborhoods Act of 2009’’ or the ‘‘PRECAUTION 

Act’’. 

SEC. 402. PURPOSES. 

The purposes of this title are to— 

(1) establish a commitment on the part of 

the Federal Government to provide leadership on successful crime prevention and 

intervention strategies; 

(2) further the integration of crime prevention and intervention strategies into traditional law enforcement practices of State 

and local law enforcement offices around the 

country; 

(3) develop a plain-language, implementation-focused assessment of those current 

crime and delinquency prevention and intervention strategies that are supported by rigorous evidence; 

(4) provide additional resources to the National Institute of Justice to administer research and development grants for promising 

crime prevention and intervention strategies; 

(5) develop recommendations for Federal 

priorities for crime and delinquency prevention and intervention research, development, 

and funding that may augment important 

Federal grant programs, including the Edward Byrne Memorial Justice Assistance 

Grant Program under subpart 1 of part E of 

title I of the Omnibus Crime Control and 

Safe Streets Act of 1968 (42 U.S.C. 3750 et 

seq.), grant programs administered by the 

Office of Community Oriented Policing Services of the Department of Justice, grant programs administered by the Office of Safe and 

Drug-Free Schools of the Department of 

Education, and other similar programs; and 

(6) reduce the costs that rising violent 

crime imposes on interstate commerce. 

SEC. 403. DEFINITIONS. 

In this title, the following definitions shall 

apply: 

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

means the National Commission on Public 

Safety Through Crime Prevention established under section 404(a). 

(2) RIGOROUS EVIDENCE.—The term ‘‘rigorous evidence’’ means evidence generated 

by scientifically valid forms of outcome 

evaluation, particularly randomized trials 

(where practicable). 

(3) SUBCATEGORY.—The term ‘‘subcategory’’ means 1 of the following categories: 

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

(B) Law enforcement settings (including 

probation-based strategies). 

(C) School settings (including antigang and 

general antiviolence strategies). 

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

any strategy supported by rigorous evidence 

of the sizable, sustained benefits to participants in the strategy or to society. 

SEC. 404. NATIONAL COMMISSION ON PUBLIC 

SAFETY THROUGH CRIME PREVENTION. 

(a) ESTABLISHMENT.—There is established a 

commission to be known as the National 

Commission on Public Safety Through Crime 

Prevention. 

(b) MEMBERS.— 

(1) IN GENERAL.—The Commission shall be 

composed of 9 members, of whom— 

(A) 3 shall be appointed by the President, 1 

of whom shall be the Assistant Attorney 

General for the Office of Justice Programs or 

a representative of such Assistant Attorney 

General; 

(B) 2 shall be appointed by the Speaker of 

the House of Representatives, unless the 

Speaker is of the same party as the President, in which case 1 shall be appointed by 

the Speaker of the House of Representatives 

and 1 shall be appointed by the minority 

leader of the House of Representatives; 

(C) 1 shall be appointed by the minority 

leader of the House of Representatives (in 

addition to any appointment made under 

subparagraph (B)); 

(D) 2 shall be appointed by the majority 

leader of the Senate, unless the majority 

leader is of the same party as the President, 

in which case 1 shall be appointed by the majority leader of the Senate and 1 shall be appointed by the minority leader of the Senate; 

and 

(E) 1 member appointed by the minority 

leader of the Senate (in addition to any appointment made under subparagraph (D)). 

(2) PERSONS ELIGIBLE.— 

(A) IN GENERAL.—Each member of the Commission shall be an individual who has 

knowledge or expertise in matters to be 

studied by the Commission. 

(B) REQUIRED REPRESENTATIVES.—At 

least— 

(i) 2 members of the Commission shall be 

respected social scientists with experience 

implementing or interpreting rigorous, outcome-based trials; and 

(ii) 2 members of the Commission shall be 

law enforcement practitioners. 

(3) CONSULTATION REQUIRED.—The President, the Speaker of the House of Representatives, the minority leader of the House of 

Representatives, and the majority leader and 

minority leader of the Senate shall consult 

prior to the appointment of the members of 

the Commission to achieve, to the maximum 

extent possible, fair and equitable representation of various points of view with respect 

to the matters to be studied by the Commission. 


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(4) TERM.—Each member shall be appointed 

for the life of the Commission. 

(5) TIME FOR INITIAL APPOINTMENTS.—The 

appointment of the members shall be made 

not later than 60 days after the date of enactment of this Act. 

(6) VACANCIES.—A vacancy in the Commission shall be filled in the manner in which 

the original appointment was made, and 

shall be made not later than 60 days after the 

date on which the vacancy occurred. 

(7) EX OFFICIO MEMBERS.—The Director of 

the National Institute of Justice, the Director of the Office of Juvenile Justice and Delinquency Prevention, the Director of the 

Community Capacity Development Office, 

the Director of the Bureau of Justice Statistics, the Director of the Bureau of Justice 

Assistance, and the Director of Community 

Oriented Policing Services (or a representative of each such director) shall each serve in 

an ex officio capacity on the Commission to 

provide advice and information to the Commission. 

(c) OPERATION.— 

(1) CHAIRPERSON.—At the initial meeting of 

the Commission, the members of the Commission shall elect a chairperson from 

among its voting members, by a vote of 2⁄3 of 

the members of the Commission. The chairperson shall retain this position for the life 

of the Commission. If the chairperson leaves 

the Commission, a new chairperson shall be 

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

the Commission. 

(2) MEETINGS.—The Commission shall meet 

at the call of the chairperson. The initial 

meeting of the Commission shall take place 

not later than 30 days after the date on 

which all the members of the Commission 

have been appointed. 

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

the Commission shall constitute a quorum to 

conduct business, and the Commission may 

establish a lesser quorum for conducting 

hearings scheduled by the Commission. 

(4) RULES.—The Commission may establish 

by majority vote any other rules for the conduct of Commission business, if such rules 

are not inconsistent with this title or other 

applicable law. 

(d) PUBLIC HEARINGS.— 

(1) IN GENERAL.—The Commission shall 

hold public hearings. The Commission may 

hold such hearings, sit and act at such times 

and places, take such testimony, and receive 

such evidence as the Commission considers 

advisable to carry out its duties under this 

section. 

(2) FOCUS OF HEARINGS.—The Commission 

shall hold at least 3 separate public hearings, 

each of which shall focus on 1 of the subcategories. 

(3) WITNESS EXPENSES.—Witnesses requested to appear before the Commission 

shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United 

States Code. The per diem and mileage allowances for witnesses shall be paid from 

funds appropriated to the Commission. 

(e) COMPREHENSIVE STUDY OF EVIDENCEBASED CRIME PREVENTION AND INTERVENTION

STRATEGIES.— 

(1) IN GENERAL.—The Commission shall 

carry out a comprehensive study of the effectiveness of crime and delinquency prevention 

and intervention strategies, organized 

around the 3 subcategories. 

(2) MATTERS INCLUDED.—The study under 

paragraph (1) shall include— 

(A) a review of research on the general effectiveness of incorporating crime prevention and intervention strategies into an 

overall law enforcement plan; 

(B) an evaluation of how to more effectively communicate the wealth of social 

science research to practitioners; 

(C) a review of evidence regarding the effectiveness of specific crime prevention and 

intervention strategies, focusing on those 

strategies supported by rigorous evidence; 

(D) an identification of— 

(i) promising areas for further research and 

development; and 

(ii) other areas representing gaps in the 

body of knowledge that would benefit from 

additional research and development; 

(E) an assessment of the best practices for 

implementing prevention and intervention 

strategies; 

(F) an assessment of the best practices for 

gathering rigorous evidence regarding the 

implementation of intervention and prevention strategies; and 

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

range of settings across the country. 

(3) INITIAL REPORT ON TOP-TIER CRIME PREVENTION AND INTERVENTION STRATEGIES.— 

(A) DISTRIBUTION.—Not later than 18 

months after the date on which all members 

of the Commission have been appointed, the 

Commission shall submit a public report on 

the study carried out under this subsection 

to— 

(i) the President; 

(ii) Congress; 

(iii) the Attorney General; 

(iv) the Chief Federal Public Defender of 

each district; 

(v) the chief executive of each State; 

(vi) the Director of the Administrative Office of the Courts of each State; 

(vii) the Director of the Administrative Office of the United States Courts; and 

(viii) the attorney general of each State. 

(B) CONTENTS.—The report under subparagraph (A) shall include— 

(i) the findings and conclusions of the Commission; 

(ii) a summary of the top-tier strategies, 

including— 

(I) a review of the rigorous evidence supporting the designation of each strategy as 

top-tier; 

(II) a brief outline of the keys to successful 

implementation for each strategy; and 

(III) a list of references and other information on where further information on each 

strategy can be found; 

(iii) recommended protocols for implementing crime and delinquency prevention 

and intervention strategies generally; 

(iv) recommended protocols for evaluating 

the effectiveness of crime and delinquency 

prevention and intervention strategies; and 

(v) a summary of the materials relied upon 

by the Commission in preparation of the report. 

(C) CONSULTATION WITH OUTSIDE AUTHORITIES.—In developing the recommended protocols for implementation and rigorous evaluation of top-tier crime and delinquency prevention and intervention strategies under 

this paragraph, the Commission shall consult with the Committee on Law and Justice 

at the National Academy of Science and with 

national associations representing the law 

enforcement and social science professions, 

including the National Sheriffs’ Association, 

the Police Executive Research Forum, the 

International Association of Chiefs of Police, 

the Consortium of Social Science Associations, and the American Society of Criminology. 

(f) RECOMMENDATIONS REGARDING DISSEMINATION OF THE INNOVATIVE CRIME PREVENTION

AND INTERVENTION STRATEGY GRANTS.— 

(1) SUBMISSION.— 

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

after the date of the final hearing under subsection (d) relating to a subcategory, the 

Commission shall provide the Director of the 

National Institute of Justice with recommendations on qualifying considerations 

relating to that subcategory for selecting 

grant recipients under section 405. 

(B) DEADLINE.—Not later than 13 months 

after the date on which all members of the 

Commission have been appointed, the Commission shall provide all recommendations 

required under this subsection. 

(2) MATTERS INCLUDED.—The recommendations provided under paragraph (1) shall include recommendations relating to— 

(A) the types of strategies for the applicable subcategory that would best benefit from 

additional research and development; 

(B) any geographic or demographic targets; 

(C) the types of partnerships with other 

public or private entities that might be pertinent and prioritized; and 

(D) any classes of crime and delinquency 

prevention and intervention strategies that 

should not be given priority because of a preexisting base of knowledge that would benefit less from additional research and development. 

(g) FINAL REPORT ON THE RESULTS OF THE

INNOVATIVE CRIME PREVENTION AND INTERVENTION STRATEGY GRANTS.— 

(1) IN GENERAL.—Following the close of the 

3-year implementation period for each grant 

recipient under section 405, the Commission 

shall collect the results of the study of the 

effectiveness of that grant under section 

405(b)(3) and shall submit a public report to 

the President, the Attorney General, Congress, the chief executive of each State, and 

the attorney general of each State describing 

each strategy funded under section 405 and 

its results. This report shall be submitted 

not later than 5 years after the date of the 

selection of the chairperson of the Commission. 

(2) COLLECTION OF INFORMATION AND EVIDENCE REGARDING GRANT RECIPIENTS.—The 

Commission’s collection of information and 

evidence regarding each grant recipient 

under section 405 shall be carried out by— 

(A) ongoing communications with the 

grant administrator at the National Institute of Justice; 

(B) visits by representatives of the Commission (including at least 1 member of the 

Commission) to the site where the grant recipient is carrying out the strategy with a 

grant under section 405, at least once in the 

second and once in the third year of that 

grant; 

(C) a review of the data generated by the 

study monitoring the effectiveness of the 

strategy; and 

(D) other means as necessary. 

(3) MATTERS INCLUDED.—The report submitted under paragraph (1) shall include a 

review of each strategy carried out with a 

grant under section 405, detailing— 

(A) the type of crime or delinquency prevention or intervention strategy; 

(B) where the activities under the strategy 

were carried out, including geographic and 

demographic targets; 

(C) any partnerships with public or private 

entities through the course of the grant period; 

(D) the type and design of the effectiveness 

study conducted under section 405(b)(3) for 

that strategy; 

(E) the results of the effectiveness study 

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

strategy; 

(F) lessons learned regarding implementation of that strategy or of the effectiveness 

study conducted under section 405(b)(3), including recommendations regarding which 

types of environments might best be suited 

for successful replication; and 

(G) recommendations regarding the need 

for further research and development of the 

strategy. 

(h) PERSONNEL MATTERS.— 


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S114 CONGRESSIONAL RECORD — SENATE January 6, 2009 

(1) TRAVEL EXPENSES.—The members of the 

Commission shall be allowed travel expenses, 

including per diem in lieu of subsistence, at 

rates authorized for employees of agencies 

under subchapter I of chapter 57 of title 5, 

United States Code, while away from their 

homes or regular places of business in the 

performance of service for the Commission. 

(2) COMPENSATION OF MEMBERS.—Members 

of the Commission shall serve without compensation. 

(3) STAFF.— 

(A) IN GENERAL.—The chairperson of the 

Commission may, without regard to the civil 

service laws and regulations, appoint and 

terminate an executive director and such 

other additional personnel as may be necessary to enable the Commission to perform 

its duties. The employment of an executive 

director shall be subject to confirmation by 

the Commission. 

(B) COMPENSATION.—The chairperson of the 

Commission may fix the compensation of the 

executive director and other personnel without regard to the provisions of chapter 51 and 

subchapter III of chapter 53 of title 5, United 

States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed 

the rate payable for level V of the Executive 

Schedule under section 5316 of such title. 

(4) DETAIL OF FEDERAL EMPLOYEES.—With 

the affirmative vote of 2⁄3 of the members of 

the Commission, any Federal Government 

employee, with the approval of the head of 

the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges. 

(i) CONTRACTS FOR RESEARCH.— 

(1) NATIONAL INSTITUTE OF JUSTICE.—With a 2⁄3 affirmative vote of the members of the 

Commission, the Commission may select 

nongovernmental researchers and experts to 

assist the Commission in carrying out its duties under this title. The National Institute 

of Justice shall contract with the researchers and experts selected by the Commission 

to provide funding in exchange for their services. 

(2) OTHER ORGANIZATIONS.—Nothing in this 

subsection shall be construed to limit the 

ability of the Commission to enter into contracts with other entities or organizations 

for research necessary to carry out the duties of the Commission under this section. 

(j) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated 

$5,000,000 to carry out this section. 

(k) TERMINATION.—The Commission shall 

terminate on the date that is 30 days after 

the date on which the Commission submits 

the last report required by this section. 

(l) EXEMPTION.—The Commission shall be 

exempt from the Federal Advisory Committee Act. 

SEC. 405. INNOVATIVE CRIME PREVENTION AND 

INTERVENTION STRATEGY GRANTS. 

(a) GRANTS AUTHORIZED.—The Director of 

the National Institute of Justice may make 

grants to public and private entities to fund 

the implementation and evaluation of innovative crime or delinquency prevention or 

intervention strategies. The purpose of 

grants under this section shall be to provide 

funds for all expenses related to the implementation of such a strategy and to conduct 

a rigorous study on the effectiveness of that 

strategy. 

(b) GRANT DISTRIBUTION.— 

(1) PERIOD.—A grant under this section 

shall be made for a period of not more than 

3 years. 

(2) AMOUNT.—The amount of each grant 

under this section— 

(A) shall be sufficient to ensure that rigorous evaluations may be performed; and 

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

(3) EVALUATION SET-ASIDE.— 

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

less than $300,000 and not more than $700,000 

of the funds from a grant under this section 

for a rigorous study of the effectiveness of 

the strategy during the 3-year period of the 

grant for that strategy. 

(B) METHODOLOGY OF STUDY.— 

(i) IN GENERAL.—Each study conducted 

under subparagraph (A) shall use an evaluator and a study design approved by the 

employee of the National Institute of Justice 

hired or assigned under subsection (c). 

(ii) CRITERIA.—The employee of the National Institute of Justice hired or assigned 

under subsection (c) shall approve— 

(I) an evaluator that has successfully carried out multiple studies producing rigorous 

evidence of effectiveness; and 

(II) a proposed study design that is likely 

to produce rigorous evidence of the effectiveness of the strategy. 

(iii) APPROVAL.—Before a grant is awarded 

under this section, the evaluator and study 

design of a grantee shall be approved by the 

employee of the National Institute of Justice 

hired or assigned under subsection (c). 

(4) DATE OF AWARD.—Not later than 6 

months after the date of receiving recommendations relating to a subcategory 

from the Commission under section 404(f), 

the Director of the National Institute of Justice shall award all grants under this section 

relating to that subcategory. 

(5) TYPE OF GRANTS.—One-third of the 

grants made under this section shall be made 

in each subcategory. In distributing grants, 

the recommendations of the Commission 

under section 404(f) shall be considered. 

(6) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated 

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

(c) DEDICATED STAFF.— 

(1) IN GENERAL.—The Director of the National Institute of Justice shall hire or assign a full-time employee to oversee the 

grants under this section. 

(2) STUDY OVERSIGHT.—The employee of the 

National Institute of Justice hired or assigned under paragraph (1) shall be responsible for ensuring that grantees adhere to 

the study design approved before the applicable grant was awarded. 

(3) LIAISON.—The employee of the National 

Institute of Justice hired or assigned under 

paragraph (1) may be used as a liaison between the Commission and the recipients of 

a grant under this section. That employee 

shall be responsible for ensuring timely cooperation with Commission requests. 

(4) AUTHORIZATION OF APPROPRIATIONS.— 

There are authorized to be appropriated 

$150,000 for each of fiscal years 2009 through 

2013 to carry out this subsection. 

(d) APPLICATIONS.—A public or private entity desiring a grant under this section shall 

submit an application at such time, in such 

manner, and accompanied by such information as the Director of the National Institute 

of Justice may reasonably require. 

(e) COOPERATION WITH THE COMMISSION.— 

Grant recipients shall cooperate with the 

Commission in providing them with full information on the progress of the strategy 

being carried out with a grant under this 

section, including— 

(1) hosting visits by the members of the 

Commission to the site where the activities 

under the strategy are being carried out; 

(2) providing pertinent information on the 

logistics of establishing the strategy for 

which the grant under this section was received, including details on partnerships, selection of participants, and any efforts to 

publicize the strategy; and 

(3) responding to any specific inquiries 

that may be made by the Commission. 

By Mrs. FEINSTEIN (for herself, 

Ms. SNOWE, Mr. LIEBERMAN, 

Mrs. BOXER, Mr. NELSON, of 

Florida, Mr. KERRY, and Mr. 

SPECTER): 

S. 133. A bill to prohibit any recipient 

of emergency Federal economic assistance from using such funds for lobbying expenditures or political contributions, to improve transparency, 

enhance accountability, encourage responsible corporate governance, and for 

other purposes; to the Committee on 

Banking, Housing, and Urban Affairs. 

Mrs. FEINSTEIN. Mr. President, I 

rise on behalf of myself and Senator 

SNOWE to introduce legislation that 

will increase transparency, strengthen 

oversight, and require firms receiving 

financial lifelines from the Federal 

Government to practice responsible 

corporate governance. 

Our bill—the Troubled Asset Relief 

Program Transparency Reporting 

Act—will achieve four essential objectives, prohibit firms receiving loans 

from the Federal Reserve or participating in the Troubled Asset Relief 

Program, TARP, from using this 

money for lobbying expenditures or political contributions; require that firms 

receiving government assistance provide detailed, publicly available quarterly reports to Treasury outlining 

how taxpayer dollars have been used; 

establish corporate governance standards to ensure that firms receiving 

Federal assistance do not waste money 

on unnecessary expenditures; and create penalties of at least $100,000 per 

violation for firms that fail to meet the 

corporate governance standards established in the bill. 

The need for such legislation has become very apparent in the 3 months 

since Congress approved the economic 

rescue plan. 

The economic rescue legislation 

passed in October includes several 

oversight boards and accountability 

provisions to ensure that public funds 

are effectively distributed. But, it does 

not include any reporting requirements 

for firms that receive Federal dollars. 

This is a significant omission, especially given the amount of Federal 

money that some firms are receiving. 

The Treasury Department has committed to purchasing $250 billion of 

preferred stock in financial institutions. More than 200 financial institutions have received roughly $188 billion. Of these funds, $125 billion was allocated to nine large national banks. 

In addition to injecting capital into 

banks, American Insurance Group, 

AIG, has received an additional $40 billion and CitiGroup has received $20 billion of TARP funds. 

Last month, GM received more than 

$10 billion in financing through the recently implemented Automotive Industry Financing Program. 

This effectively means that the entirety of the first $350 billion of rescue 

funds has been spent. 

When you add up all of the taxpayer 

dollars put on the line—from $30 billion 


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