S. 132 (111th): Gang Abatement and Prevention Act of 2009

111th Congress, 2009–2010. Text as of Jan 06, 2009 (Introduced).

Status & Summary | PDF | Source: GPO

II

111th CONGRESS

1st Session

S. 132

IN THE SENATE OF THE UNITED STATES

January 6, 2009

(for herself, Mr. Hatch, Mr. Bayh, Mr. Kerry, Mrs. Murray, Mr. Kyl, Mr. Specter, Mr. Schumer, and Ms. Cantwell) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, to deter and punish violent gang crime, to protect 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.

1.

Short title

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

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.

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.

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.

I

New federal criminal laws needed to fight violent national, international, regional, and local gangs that affect interstate and foreign commerce

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:

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.

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).

(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.

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.

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.

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.

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.

II

Violent crime reforms to reduce gang violence

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.

.

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:

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.

.

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 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,.

204.

Statute of limitations for violent crime

(a)

In general

Chapter 213 of title 18, United States Code, is amended by adding at the end the following:

3299A.

Violent crime offenses

No person shall be prosecuted, tried, or punished for any noncapital felony crime of violence, including any racketeering activity or gang crime which involves any crime of violence, unless the indictment is found or the information is instituted not later than 10 years after the date on which the alleged violation occurred or the continuing offense was completed.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following:

3299A. Violent crime offenses.

.

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.

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).

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.

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..

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.

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.

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.

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

.

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,.

214.

Interstate tampering with or retaliation against a witness, victim, or informant in a state criminal proceeding

(a)

In general

Chapter 73 of title 18, United States Code, is amended by inserting after section 1513 the following:

1513A.

Interstate tampering with or retaliation against a witness, victim, or informant in a state criminal proceeding

(a)

In general

It shall be unlawful for any person—

(1)

to travel in interstate or foreign commerce, or to use the mail or any facility in interstate or foreign commerce, or to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to do the same, with the intent to—

(A)

use or threaten to use any physical force against any witness, informant, victim, or other participant in a State criminal proceeding in an effort to influence or prevent participation in such proceeding, or to retaliate against such individual for participating in such proceeding; or

(B)

threaten, influence, or prevent from testifying any actual or prospective witness in a State criminal proceeding; or

(2)

to attempt or conspire to commit an offense under subparagraph (A) or (B) of paragraph (1).

(b)

Penalties

(1)

Use of force

Any person who violates subsection (a)(1)(A) by use of force—

(A)

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

(B)

if death, kidnapping, or serious bodily injury results, shall be fined under this title, imprisoned for any term of years or for life, or both.

(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.

.

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.

III

Increased federal resources to deter and prevent seriously at-risk youth from joining illegal street gangs and for other purposes

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 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—

(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.

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.

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.

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.

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 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:

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.

.

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.

.

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.

308.

Short-term state witness protection section

(a)

Establishment

(1)

In general

Chapter 37 of title 28, United States Code, is amended by adding at the end the following:

570.

Short-term state witness protection section

(a)

In general

There is established in the United States Marshals Service a 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.

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.

.

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.

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:

(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.

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.

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.

.

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.

IV

Crime prevention and intervention strategies

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.

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.

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.

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.

(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

(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.

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.