```

[Congressional Record Volume 155, Number 1 (Tuesday, January 6, 2009)]
[Senate]
[Pages S103-S114]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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 
anti-gang 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 drive-by 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.

[[Page S104]]

  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.

[[Page 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).

[[Page S106]]

       ``(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

[[Page 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:

     ``Sec. 3299A. Violent crime offenses

       ``No person shall be prosecuted, tried, or punished for any 
     noncapital felony crime of violence, including any 
     racketeering activity or gang crime which involves any crime 
     of violence, unless the indictment is found or the 
     information is instituted not later than 10 years after the 
     date on which the alleged violation occurred or the 
     continuing offense was completed.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 213 of title 18, United States Code, is 
     amended by adding at the end the following:

``3299A. Violent crime offenses.''.

     SEC. 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:

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

       ``(a) In General.--It shall be unlawful for any person--
       ``(1) to travel in interstate or foreign commerce, or to 
     use the mail or any facility in interstate or foreign 
     commerce, or to employ, use, command, counsel, persuade, 
     induce, entice, or coerce any individual to do the same, with 
     the intent to--
       ``(A) use or threaten to use any physical force against any 
     witness, informant, victim, or other participant in a State 
     criminal proceeding in an effort to influence or prevent 
     participation in such proceeding, or to retaliate against 
     such individual for participating in such proceeding; or
       ``(B) threaten, influence, or prevent from testifying any 
     actual or prospective witness in a State criminal proceeding; 
     or
       ``(2) to attempt or conspire to commit an offense under 
     subparagraph (A) or (B) of paragraph (1).
       ``(b) Penalties.--
       ``(1) Use of force.--Any person who violates subsection 
     (a)(1)(A) by use of force--
       ``(A) shall be fined under this title, imprisoned not more 
     than 20 years, or both; and
       ``(B) if death, kidnapping, or serious bodily injury 
     results, shall be fined under this title, imprisoned for any 
     term of years or for life, or both.

[[Page S108]]

       ``(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

[[Page S109]]

     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--

[[Page S110]]

       (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 
     community-based programs that provide crime prevention, 
     research, and intervention services that are designed for 
     gang members and at-risk youth.
       (b) Use of Grant Amounts.--A grant under this section may 
     be used (including through subgrants) for--
       (1) preventing initial gang recruitment and involvement 
     among younger teenagers;
       (2) reducing gang involvement through nonviolent and 
     constructive activities, such as community service programs, 
     development of nonviolent conflict resolution skills, 
     employment and legal assistance, family counseling, and other 
     safe, community-based alternatives for high-risk youth;
       (3) developing in-school and after-school gang safety, 
     control, education, and resistance procedures and programs;
       (4) identifying and addressing early childhood risk factors 
     for gang involvement, including parent training and childhood 
     skills development;
       (5) identifying and fostering protective factors that 
     buffer children and adolescents from gang involvement;
       (6) developing and identifying investigative programs 
     designed to deter gang recruitment, involvement, and 
     activities through effective intelligence gathering;
       (7) developing programs and youth centers for first-time 
     nonviolent offenders facing alternative penalties, such as 
     mandated participation in community service, restitution, 
     counseling, and education and prevention programs;
       (8) implementing regional, multidisciplinary approaches to 
     combat gang violence though coordinated programs for 
     prevention and intervention (including street outreach 
     programs and other peacemaking activities) or coordinated law 
     enforcement activities (including regional gang task forces 
     and regional crime mapping strategies that enhance focused 
     prosecutions and reintegration strategies for offender 
     reentry); or
       (9) identifying at-risk and high-risk students through home 
     visits organized through joint collaborations between law 
     enforcement, faith-based organizations, schools, and social 
     workers.
       (c) Grant Requirements.--
       (1) Maximum.--The amount of a grant under this section may 
     not exceed $1,000,000.
       (2) Consultation and cooperation.--Each recipient of a 
     grant under this section shall have in effect on the date of 
     the application by that entity agreements to consult and 
     cooperate with local, State, or Federal law enforcement and 
     participate, as appropriate, in coordinated efforts to reduce 
     gang activity and violence.
       (d) Annual Report.--Each recipient of a grant under this 
     section shall submit to the Attorney General, for each year 
     in which funds from a grant received under this section are 
     expended, a report containing--
       (1) a summary of the activities carried out with grant 
     funds during that year;
       (2) an assessment of the effectiveness of the crime 
     prevention, research, and intervention activities of the 
     recipient, based on data collected by the grant recipient;
       (3) a strategic plan for the year following the year 
     described in paragraph (1);
       (4) evidence of consultation and cooperation with local, 
     State, or Federal law enforcement or, if the grant recipient 
     is a government entity, evidence of consultation with an 
     organization engaged in any activity described in subsection 
     (b); and
       (5) such other information as the Attorney General may 
     require.
       (e) Definition.--In this section, the term ``units of local 
     government'' includes sheriffs departments, police 
     departments, and local prosecutor offices.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated for grants under this section $35,000,000 
     for each of the fiscal years 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

[[Page S111]]

     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) non-Federal contributions toward 
     the cost of activities to be performed with that grant in an 
     amount that is not less than 25 percent of such costs.
       (2) Determination of amount contributed.--Non-Federal 
     contributions required under paragraph (1) may be in cash or 
     in kind, fairly evaluated, including facilities, equipment, 
     or services. Amounts provided by the Federal Government, or 
     services assisted or subsidized to any significant extent by 
     the Federal Government, may not be included in determining 
     the amount of such non-Federal contributions.
       (d) Evaluation of Projects.--
       (1) In general.--The Attorney General shall establish 
     criteria for the evaluation of projects involving innovative 
     approaches under subsection (a).
       (2) Grantees.--A grant may be made under subsection (a) 
     only if the entity involved--
       (A) agrees to conduct evaluations of the approach in 
     accordance with the criteria established under paragraph (1);
       (B) agrees to submit to the Attorney General reports 
     describing the results of the evaluations, as the Attorney 
     General determines to be appropriate; and
       (C) submits to the Attorney General, in the application 
     under subsection (e), a plan for conducting the evaluations.
       (e) Application for Grant.--A public or nonprofit private 
     entity desiring a grant under this section shall submit an 
     application in such form, in such manner, and containing such 
     agreements, assurances, and information (including the 
     agreements under subsections (c) and (d) and the plan under 
     subsection (d)(2)(C)) as the Attorney General determines 
     appropriate.
       (f) Report to Congress.--Not later than February 1 of each 
     year, the Attorney General shall submit to Congress a report 
     describing the extent to which the approaches under 
     subsection (a) have been successful in reducing the rate of 
     gang activity in the communities in which the approaches have 
     been carried out. Each report under this subsection shall 
     describe the various approaches used under subsection (a) and 
     the effectiveness of each of the approaches.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated $5,000,000 to carry out this section for 
     each of the fiscal years 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:

     ``Sec. 570. Short-term state witness protection section

       ``(a) In General.--There is established in the United 
     States Marshals Service a Short-Term State Witness Protection 
     Section which shall provide protection for witnesses in State 
     and local trials involving homicide or other major violent 
     crimes pursuant to cooperative agreements with State and 
     local criminal prosecutor's offices and the United States 
     attorney for the District of Columbia.
       ``(b) Eligibility.--
       ``(1) In general.--The Short-Term State Witness Protection 
     Section shall give priority in awarding grants and providing 
     services to--
       ``(A) criminal prosecutor's offices for States with an 
     average of not less than 100 murders per year; and
       ``(B) criminal prosecutor's offices for jurisdictions that 
     include a city, town, or township with an average violent 
     crime rate per 100,000 inhabitants that is above the national 
     average.
       ``(2) Calculation.--The rate of murders and violent crime 
     under paragraph (1) shall be calculated using the latest 
     available crime statistics from the Federal Bureau of 
     Investigation during 5-year period immediately preceding an 
     application for protection.''.
       (2) Chapter analysis.--The chapter analysis for chapter 37 
     of title 28, United States Code, is amended by striking the 
     items relating to sections 570 through 576 and inserting the 
     following:

``570. Short-Term State Witness Protection Section.''.
       (b) Grant Program.--
       (1) Definitions.--In this subsection--
       (A) the term ``eligible prosecutor's office'' means a State 
     or local criminal prosecutor's office or the United States 
     attorney for the District of Columbia; and
       (B) the term ``serious violent felony'' has the same 
     meaning as in section 3559(c)(2) of title 18, United States 
     Code.
       (2) Grants authorized.--
       (A) In general.--The Attorney General is authorized to make 
     grants to eligible prosecutor's offices for purposes of 
     identifying witnesses in need of protection or providing 
     short term protection to witnesses in trials involving 
     homicide or serious violent felony.
       (B) Allocation.--Each eligible prosecutor's office 
     receiving a grant under this subsection may--
       (i) use the grant to identify witnesses in need of 
     protection or provide witness protection (including tattoo 
     removal services); or
       (ii) pursuant to a cooperative agreement with the Short-
     Term State Witness Protection Section of the United States 
     Marshals Service, credit the grant to the Short-Term State 
     Witness Protection Section to cover the costs to the section 
     of providing witness protection on behalf of the eligible 
     prosecutor's office.
       (3) Application.--
       (A) In general.--Each eligible prosecutor's office desiring 
     a grant under this subsection shall submit an application to 
     the Attorney General at such time, in such manner, and 
     accompanied by such information as the Attorney General may 
     reasonably require.
       (B) Contents.--Each application submitted under 
     subparagraph (A) shall--
       (i) describe the activities for which assistance under this 
     subsection is sought; and
       (ii) provide such additional assurances as the Attorney 
     General determines to be essential to ensure compliance with 
     the requirements of this subsection.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection $90,000,000 
     for each of fiscal years 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:

[[Page S112]]

       (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.

[[Page S113]]

       (4) Term.--Each member shall be appointed for the life of 
     the Commission.
       (5) Time for initial appointments.--The appointment of the 
     members shall be made not later than 60 days after the date 
     of enactment of this Act.
       (6) Vacancies.--A vacancy in the Commission shall be filled 
     in the manner in which the original appointment was made, and 
     shall be made not later than 60 days after the date on which 
     the vacancy occurred.
       (7) Ex officio members.--The Director of the National 
     Institute of Justice, the Director of the Office of Juvenile 
     Justice and Delinquency Prevention, the Director of the 
     Community Capacity Development Office, the Director of the 
     Bureau of Justice Statistics, the Director of the Bureau of 
     Justice Assistance, and the Director of Community Oriented 
     Policing Services (or a representative of each such director) 
     shall each serve in an ex officio capacity on the Commission 
     to provide advice and information to the Commission.
       (c) Operation.--
       (1) Chairperson.--At the initial meeting of the Commission, 
     the members of the Commission shall elect a chairperson from 
     among its voting members, by a vote of \2/3\ of the members 
     of the Commission. The chairperson shall retain this position 
     for the life of the Commission. If the chairperson leaves the 
     Commission, a new chairperson shall be selected, by a vote of 
     \2/3\ of the members of the Commission.
       (2) Meetings.--The Commission shall meet at the call of the 
     chairperson. The initial meeting of the Commission shall take 
     place not later than 30 days after the date on which all the 
     members of the Commission have been appointed.
       (3) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum to conduct business, and the 
     Commission may establish a lesser quorum for conducting 
     hearings scheduled by the Commission.
       (4) Rules.--The Commission may establish by majority vote 
     any other rules for the conduct of Commission business, if 
     such rules are not inconsistent with this title or other 
     applicable law.
       (d) Public Hearings.--
       (1) In general.--The Commission shall hold public hearings. 
     The Commission may hold such hearings, sit and act at such 
     times and places, take such testimony, and receive such 
     evidence as the Commission considers advisable to carry out 
     its duties under this section.
       (2) Focus of hearings.--The Commission shall hold at least 
     3 separate public hearings, each of which shall focus on 1 of 
     the subcategories.
       (3) Witness expenses.--Witnesses requested to appear before 
     the Commission shall be paid the same fees as are paid to 
     witnesses under section 1821 of title 28, United States Code. 
     The per diem and mileage allowances for witnesses shall be 
     paid from funds appropriated to the Commission.
       (e) Comprehensive Study of Evidence-Based Crime Prevention 
     and Intervention Strategies.--
       (1) In general.--The Commission shall carry out a 
     comprehensive study of the effectiveness of crime and 
     delinquency prevention and intervention strategies, organized 
     around the 3 subcategories.
       (2) Matters included.--The study under paragraph (1) shall 
     include--
       (A) a review of research on the general effectiveness of 
     incorporating crime prevention and intervention strategies 
     into an overall law enforcement plan;
       (B) an evaluation of how to more effectively communicate 
     the wealth of social science research to practitioners;
       (C) a review of evidence regarding the effectiveness of 
     specific crime prevention and intervention strategies, 
     focusing on those strategies supported by rigorous evidence;
       (D) an identification of--
       (i) promising areas for further research and development; 
     and
       (ii) other areas representing gaps in the body of knowledge 
     that would benefit from additional research and development;
       (E) an assessment of the best practices for implementing 
     prevention and intervention strategies;
       (F) an assessment of the best practices for gathering 
     rigorous evidence regarding the implementation of 
     intervention and prevention strategies; and
       (G) an assessment of those top-tier strategies best suited 
     for duplication efforts in a range of settings across the 
     country.
       (3) Initial report on top-tier crime prevention and 
     intervention strategies.--
       (A) Distribution.--Not later than 18 months after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall submit a public report on the study 
     carried out under this subsection to--
       (i) the President;
       (ii) Congress;
       (iii) the Attorney General;
       (iv) the Chief Federal Public Defender of each district;
       (v) the chief executive of each State;
       (vi) the Director of the Administrative Office of the 
     Courts of each State;
       (vii) the Director of the Administrative Office of the 
     United States Courts; and
       (viii) the attorney general of each State.
       (B) Contents.--The report under subparagraph (A) shall 
     include--
       (i) the findings and conclusions of the Commission;
       (ii) a summary of the top-tier strategies, including--

       (I) a review of the rigorous evidence supporting the 
     designation of each strategy as top-tier;
       (II) a brief outline of the keys to successful 
     implementation for each strategy; and
       (III) a list of references and other information on where 
     further information on each strategy can be found;

       (iii) recommended protocols for implementing crime and 
     delinquency prevention and intervention strategies generally;
       (iv) recommended protocols for evaluating the effectiveness 
     of crime and delinquency prevention and intervention 
     strategies; and
       (v) a summary of the materials relied upon by the 
     Commission in preparation of the report.
       (C) Consultation with outside authorities.--In developing 
     the recommended protocols for implementation and rigorous 
     evaluation of top-tier crime and delinquency prevention and 
     intervention strategies under this paragraph, the Commission 
     shall consult with the Committee on Law and Justice at the 
     National Academy of Science and with national associations 
     representing the law enforcement and social science 
     professions, including the National Sheriffs' Association, 
     the Police Executive Research Forum, the International 
     Association of Chiefs of Police, the Consortium of Social 
     Science Associations, and the American Society of 
     Criminology.
       (f) Recommendations Regarding Dissemination of the 
     Innovative Crime Prevention and Intervention Strategy 
     Grants.--
       (1) Submission.--
       (A) In general.--Not later than 30 days after the date of 
     the final hearing under subsection (d) relating to a 
     subcategory, the Commission shall provide the Director of the 
     National Institute of Justice with recommendations on 
     qualifying considerations relating to that subcategory for 
     selecting grant recipients under section 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 pre-existing base of knowledge that would 
     benefit less from additional research and development.
       (g) Final Report on the Results of the Innovative Crime 
     Prevention and Intervention Strategy Grants.--
       (1) In general.--Following the close of the 3-year 
     implementation period for each grant recipient under section 
     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.--

[[Page S114]]

       (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.
                                 ______
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