[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 132 Introduced in Senate (IS)]







111th CONGRESS
  1st Session
                                 S. 132

    To increase and enhance law enforcement resources committed to 
  investigation and prosecution of violent gangs, to deter and punish 
  violent gang crime, to protect law-abiding citizens and communities 
 from violent criminals, to revise and enhance criminal penalties for 
violent crimes, to expand and improve gang prevention programs, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2009

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
 TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL, 
  INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT INTERSTATE AND 
                            FOREIGN COMMERCE

Sec. 101. Revision and extension of penalties related to criminal 
                            street gang activity.
        TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE

Sec. 201. Violent crimes in aid of racketeering activity.
Sec. 202. Murder and other violent crimes committed during and in 
                            relation to a drug trafficking crime.
Sec. 203. Expansion of rebuttable presumption against release of 
                            persons charged with firearms offenses.
Sec. 204. Statute of limitations for violent crime.
Sec. 205. Study of hearsay exception for forfeiture by wrongdoing.
Sec. 206. Possession of firearms by dangerous felons.
Sec. 207. Conforming amendment.
Sec. 208. Amendments relating to violent crime.
Sec. 209. Publicity campaign about new criminal penalties.
Sec. 210. Statute of limitations for terrorism offenses.
Sec. 211. Crimes committed in Indian country or exclusive Federal 
                            jurisdiction as racketeering predicates.
Sec. 212. Predicate crimes for authorization of interception of wire, 
                            oral, and electronic communications.
Sec. 213. Clarification of Hobbs Act.
Sec. 214. Interstate tampering with or retaliation against a witness, 
                            victim, or informant in a State criminal 
                            proceeding.
Sec. 215. Amendment of sentencing guidelines.
 TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY 
 AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES

Sec. 301. Designation of and assistance for high intensity gang 
                            activity areas.
Sec. 302. Gang prevention grants.
Sec. 303. Enhancement of Project Safe Neighborhoods initiative to 
                            improve enforcement of criminal laws 
                            against violent gangs.
Sec. 304. Additional resources needed by the Federal Bureau of 
                            Investigation to investigate and prosecute 
                            violent criminal street gangs.
Sec. 305. Grants to prosecutors and law enforcement to combat violent 
                            crime.
Sec. 306. Expansion and reauthorization of the mentoring initiative for 
                            system involved youth.
Sec. 307. Demonstration grants to encourage creative approaches to gang 
                            activity and after-school programs.
Sec. 308. Short-Term State Witness Protection Section.
Sec. 309. Witness protection services.
Sec. 310. Expansion of Federal witness relocation and protection 
                            program.
Sec. 311. Family abduction prevention grant program.
Sec. 312. Study on adolescent development and sentences in the Federal 
                            system.
Sec. 313. National youth anti-heroin media campaign.
Sec. 314. Training at the national advocacy center.
         TITLE IV--CRIME PREVENTION AND INTERVENTION STRATEGIES

Sec. 401. Short title.
Sec. 402. Purposes.
Sec. 403. Definitions.
Sec. 404. National Commission on Public Safety Through Crime 
                            Prevention.
Sec. 405. Innovative crime prevention and intervention strategy grants.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) violent crime and drug trafficking are pervasive 
        problems at the national, State, and local level;
            (2) according to recent Federal Bureau of Investigation, 
        Uniform Crime Reports, violent crime in the United States is on 
        the rise, with a 2.3 percent increase in violent crime in 2005 
        (the largest increase in the United States in 15 years) and an 
        even larger 3.7 percent jump during the first 6 months of 2006, 
        and the Police Executive Research Forum reports that, among 
        jurisdictions providing information, homicides are up 10.21 
        percent, robberies are up 12.27 percent, and aggravated 
        assaults with firearms are up 9.98 percent since 2004;
            (3) these disturbing rises in violent crime are 
        attributable in part to the spread of criminal street gangs and 
        the willingness of gang members to commit acts of violence and 
        drug trafficking offenses;
            (4) according to a recent National Drug Threat Assessment, 
        criminal street gangs are responsible for much of the retail 
        distribution of the cocaine, methamphetamine, heroin, and other 
        illegal drugs being distributed in rural and urban communities 
        throughout the United States;
            (5) gangs commit acts of violence or drug offenses for 
        numerous motives, such as membership in or loyalty to the gang, 
        for protecting gang territory, and for profit;
            (6) gang presence and intimidation, and the organized and 
        repetitive nature of the crimes that gangs and gang members 
        commit, has a pernicious effect on the free flow of interstate 
        commercial activities and directly affects the freedom and 
        security of communities plagued by gang activity, diminishing 
        the value of property, inhibiting the desire of national and 
        multinational corporations to transact business in those 
        communities, and in a variety of ways directly and 
        substantially affecting interstate and foreign commerce;
            (7) gangs often recruit and utilize minors to engage in 
        acts of violence and other serious offenses out of a belief 
        that the criminal justice systems are more lenient on juvenile 
        offenders;
            (8) gangs often intimidate and threaten witnesses to 
        prevent successful prosecutions;
            (9) gangs prey upon and incorporate minors into their 
        ranks, exploiting the fact that adolescents have immature 
        decision-making capacity, therefore, gang activity and 
        recruitment can be reduced and deterred through increased 
        vigilance, appropriate criminal penalties, partnerships between 
        Federal and State and local law enforcement, and proactive 
        prevention and intervention efforts, particularly targeted at 
        juveniles and young adults, prior to and even during gang 
        involvement;
            (10) State and local prosecutors and law enforcement 
        officers, in hearings before the Committee on the Judiciary of 
        the Senate and elsewhere, have enlisted the help of Congress in 
        the prevention, investigation, and prosecution of gang crimes 
        and in the protection of witnesses and victims of gang crimes; 
        and
            (11) because State and local prosecutors and law 
        enforcement have the expertise, experience, and connection to 
        the community that is needed to assist in combating gang 
        violence, consultation and coordination between Federal, State, 
        and local law enforcement and collaboration with other 
        community agencies is critical to the successful prosecutions 
        of criminal street gangs and reduction of gang problems.

 TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL, 
  INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT INTERSTATE AND 
                            FOREIGN COMMERCE

SEC. 101. REVISION AND EXTENSION OF PENALTIES RELATED TO CRIMINAL 
              STREET GANG ACTIVITY.

    (a) In General.--Chapter 26 of title 18, United States Code, is 
amended to read as follows:

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec.
``521. Definitions.
``522. Criminal street gang prosecutions.
``523. Recruitment of persons to participate in a criminal street gang.
``524. Violent crimes in furtherance of criminal street gangs.
``525. Forfeiture.

``SEC. 521. DEFINITIONS.

    ``In this chapter:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' means a formal or informal group, organization, or 
        association of 5 or more individuals--
                    ``(A) each of whom has committed at least 1 gang 
                crime; and
                    ``(B) who collectively commit 3 or more gang crimes 
                (not less than 1 of which is a serious violent felony), 
                in separate criminal episodes (not less than 1 of which 
                occurs after the date of enactment of the Gang 
                Abatement and Prevention Act of 2009, and the last of 
                which occurs not later than 5 years after the 
                commission of a prior gang crime (excluding any time of 
                imprisonment for that individual)).
            ``(2) Gang crime.--The term `gang crime' means an offense 
        under Federal law punishable by imprisonment for more than 1 
        year, or a felony offense under State law that is punishable by 
        a term of imprisonment of 5 years or more in any of the 
        following categories:
                    ``(A) A crime that has as an element the use, 
                attempted use, or threatened use of physical force 
                against the person of another, or is burglary, arson, 
                kidnapping, or extortion.
                    ``(B) A crime involving obstruction of justice, or 
                tampering with or retaliating against a witness, 
                victim, or informant.
                    ``(C) A crime involving the manufacturing, 
                importing, distributing, possessing with intent to 
                distribute, or otherwise trafficking in a controlled 
                substance or listed chemical (as those terms are 
                defined in section 102 of the Controlled Substances Act 
                (21 U.S.C. 802)).
                    ``(D) Any conduct punishable under--
                            ``(i) section 844 (relating to explosive 
                        materials);
                            ``(ii) subsection (a)(1), (d), (g)(1) 
                        (where the underlying conviction is a violent 
                        felony or a serious drug offense (as those 
                        terms are defined in section 924(e)), (g)(2), 
                        (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), 
                        (g)(10), (g)(11), (i), (j), (k), (n), (o), (p), 
                        (q), (u), or (x) of section 922 (relating to 
                        unlawful acts);
                            ``(iii) subsection (b), (c), (g), (h), (k), 
                        (l), (m), or (n) of section 924 (relating to 
                        penalties);
                            ``(iv) section 930 (relating to possession 
                        of firearms and dangerous weapons in Federal 
                        facilities);
                            ``(v) section 931 (relating to purchase, 
                        ownership, or possession of body armor by 
                        violent felons);
                            ``(vi) sections 1028 and 1029 (relating to 
                        fraud, identity theft, and related activity in 
                        connection with identification documents or 
                        access devices);
                            ``(vii) section 1084 (relating to 
                        transmission of wagering information);
                            ``(viii) section 1952 (relating to 
                        interstate and foreign travel or transportation 
                        in aid of racketeering enterprises);
                            ``(ix) section 1956 (relating to the 
                        laundering of monetary instruments);
                            ``(x) section 1957 (relating to engaging in 
                        monetary transactions in property derived from 
                        specified unlawful activity); or
                            ``(xi) sections 2312 through 2315 (relating 
                        to interstate transportation of stolen motor 
                        vehicles or stolen property).
                    ``(E) Any conduct punishable under section 274 
                (relating to bringing in and harboring certain aliens), 
                section 277 (relating to aiding or assisting certain 
                aliens to enter the United States), or section 278 
                (relating to importation of aliens for immoral 
                purposes) of the Immigration and Nationality Act (8 
                U.S.C. 1324, 1327, and 1328).
                    ``(F) Any crime involving aggravated sexual abuse, 
                sexual assault, pimping or pandering involving 
                prostitution, sexual exploitation of children 
                (including sections 2251, 2251A, 2252 and 2260), 
                peonage, slavery, or trafficking in persons (including 
                sections 1581 through 1592) and sections 2421 through 
                2427 (relating to transport for illegal sexual 
                activity).
            ``(3) Minor.--The term `minor' means an individual who is 
        less than 18 years of age.
            ``(4) Serious violent felony.--The term `serious violent 
        felony' has the meaning given that term in section 3559.
            ``(5) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United States.

``SEC. 522. CRIMINAL STREET GANG PROSECUTIONS.

    ``(a) Street Gang Crime.--It shall be unlawful for any person to 
knowingly commit, or conspire, threaten, or attempt to commit, a gang 
crime for the purpose of furthering the activities of a criminal street 
gang, or gaining entrance to or maintaining or increasing position in a 
criminal street gang, if the activities of that criminal street gang 
occur in or affect interstate or foreign commerce.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined under this title and--
            ``(1) for murder, kidnapping, conduct that would violate 
        section 2241 if the conduct occurred in the special maritime 
        and territorial jurisdiction of the United States, or maiming, 
        imprisonment for any term of years or for life;
            ``(2) for any other serious violent felony, by imprisonment 
        for not more than 30 years;
            ``(3) for any crime of violence that is not a serious 
        violent felony, by imprisonment for not more than 20 years; and
            ``(4) for any other offense, by imprisonment for not more 
        than 10 years.

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

    ``(a) Prohibited Acts.--It shall be unlawful to knowingly recruit, 
employ, solicit, induce, command, coerce, or cause another person to be 
or remain as a member of a criminal street gang, or attempt or conspire 
to do so, with the intent to cause that person to participate in a gang 
crime, if the defendant travels in interstate or foreign commerce in 
the course of the offense, or if the activities of that criminal street 
gang are in or affect interstate or foreign commerce.
    ``(b) Penalties.--Whoever violates subsection (a) shall--
            ``(1) if the person recruited, employed, solicited, 
        induced, commanded, coerced, or caused to participate or remain 
        in a criminal street gang is a minor--
                    ``(A) be fined under this title, imprisoned not 
                more than 10 years, or both; and
                    ``(B) at the discretion of the sentencing judge, be 
                liable for any costs incurred by the Federal 
                Government, or by any State or local government, for 
                housing, maintaining, and treating the minor until the 
                person attains the age of 18 years;
            ``(2) if the person who recruits, employs, solicits, 
        induces, commands, coerces, or causes the participation or 
        remaining in a criminal street gang is incarcerated at the time 
        the offense takes place, be fined under this title, imprisoned 
        not more than 10 years, or both; and
            ``(3) in any other case, be fined under this title, 
        imprisoned not more than 5 years, or both.
    ``(c) Consecutive Nature of Penalties.--Any term of imprisonment 
imposed under subsection (b)(2) shall be consecutive to any term 
imposed for any other offense.

``SEC. 524. VIOLENT CRIMES IN FURTHERANCE OF CRIMINAL STREET GANGS.

    ``(a) In General.--It shall be unlawful for any person, for the 
purpose of gaining entrance to or maintaining or increasing position 
in, or in furtherance of, or in association with, a criminal street 
gang, or as consideration for anything of pecuniary value to or from a 
criminal street gang, to knowingly commit or threaten to commit against 
any individual a crime of violence that is an offense under Federal law 
punishable by imprisonment for more than 1 year or a felony offense 
under State law that is punishable by a term of imprisonment of 5 years 
or more, or attempt or conspire to do so, if the activities of the 
criminal street gang occur in or affect interstate or foreign commerce.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
punished by a fine under this title and--
            ``(1) for murder, kidnapping, conduct that would violate 
        section 2241 if the conduct occurred in the special maritime 
        and territorial jurisdiction of the United States, or maiming, 
        by imprisonment for any term of years or for life;
            ``(2) for a serious violent felony other than one described 
        in paragraph (1), by imprisonment for not more than 30 years; 
        and
            ``(3) in any other case, by imprisonment for not more than 
        20 years.

``SEC. 525. FORFEITURE.

    ``(a) Criminal Forfeiture.--A person who is convicted of a 
violation of this chapter shall forfeit to the United States--
            ``(1) any property used, or intended to be used, in any 
        manner or part, to commit, or to facilitate the commission of, 
        the violation; and
            ``(2) any property constituting, or derived from, any 
        proceeds obtained, directly or indirectly, as a result of the 
        violation.
    ``(b) Procedures Applicable.--Pursuant to section 2461(c) of title 
28, the provisions of section 413 of the Controlled Substances Act (21 
U.S.C. 853), except subsections (a) and (d) of that section, shall 
apply to the criminal forfeiture of property under this section.''.
    (b) Amendment Relating to Priority of Forfeiture Over Orders for 
Restitution.--Section 3663(c)(4) of title 18, United States Code, is 
amended by striking ``chapter 46 or'' and inserting ``chapter 26, 
chapter 46, or''.
    (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``, section 522 (relating to 
criminal street gang prosecutions), 523 (relating to recruitment of 
persons to participate in a criminal street gang), and 524 (relating to 
violent crimes in furtherance of criminal street gangs)'' before ``, 
section 541''.
    (d) Amendment of Special Sentencing Provision Prohibiting Prisoner 
Communications.--Section 3582(d) of title 18, United States Code, is 
amended--
            (1) by inserting ``chapter 26 (criminal street gangs),'' 
        before ``chapter 95''; and
            (2) by inserting ``a criminal street gang or'' before ``an 
        illegal enterprise''.

        TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE

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

    Section 1959(a) of title 18, United States Code, is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by inserting ``or in furtherance or in aid of 
                an enterprise engaged in racketeering activity,'' 
                before ``murders,''; and
                    (B) by inserting ``engages in conduct that would 
                violate section 2241 if the conduct occurred in the 
                special maritime and territorial jurisdiction of the 
                United States,'' before ``maims,'';
            (2) in paragraph (1), by inserting ``conduct that would 
        violate section 2241 if the conduct occurred in the special 
        maritime and territorial jurisdiction of the United States, or 
        maiming,'' after ``kidnapping,'';
            (3) in paragraph (2), by striking ``maiming'' and inserting 
        ``assault resulting in serious bodily injury'';
            (4) in paragraph (3), by striking ``or assault resulting in 
        serious bodily injury'';
            (5) in paragraph (4)--
                    (A) by striking ``five years'' and inserting ``10 
                years''; and
                    (B) by adding ``and'' at the end; and
            (6) by striking paragraphs (5) and (6) and inserting the 
        following:
            ``(5) for attempting or conspiring to commit any offense 
        under this section, by the same penalties (other than the death 
        penalty) as those prescribed for the offense, the commission of 
        which was the object of the attempt or conspiracy.''.

SEC. 202. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN 
              RELATION TO A DRUG TRAFFICKING CRIME.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by adding at the end the following:

``SEC. 424. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN 
              RELATION TO A DRUG TRAFFICKING CRIME.

    ``(a) In General.--Whoever, during and in relation to any drug 
trafficking crime, knowingly commits any crime of violence against any 
individual that is an offense under Federal law punishable by 
imprisonment for more than 1 year or a felony offense under State law 
that is punishable by a term of imprisonment of 5 years or more, or 
threatens, attempts or conspires to do so, shall be punished by a fine 
under title 18, United States Code, and--
            ``(1) for murder, kidnapping, conduct that would violate 
        section 2241 if the conduct occurred in the special maritime 
        and territorial jurisdiction of the United States, or maiming, 
        by imprisonment for any term of years or for life;
            ``(2) for a serious violent felony (as defined in section 
        3559 of title 18, United States Code) other than one described 
        in paragraph (1) by imprisonment for not more than 30 years;
            ``(3) for a crime of violence that is not a serious violent 
        felony, by imprisonment for not more than 20 years; and
            ``(4) in any other case by imprisonment for not more than 
        10 years.
    ``(b) Venue.--A prosecution for a violation of this section may be 
brought in--
            ``(1) the judicial district in which the murder or other 
        crime of violence occurred; or
            ``(2) any judicial district in which the drug trafficking 
        crime may be prosecuted.
    ``(c) Definitions.--In this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 16 of title 18, United States Code; and
            ``(2) the term `drug trafficking crime' has the meaning 
        given that term in section 924(c)(2) of title 18, United States 
        Code.''.
    (b) Clerical Amendment.--The table of contents for the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 
91-513; 84 Stat. 1236) is amended by inserting after the item relating 
to section 423, the following:

``Sec. 424. Murder and other violent crimes committed during and in 
                            relation to a drug trafficking crime.''.

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

    Section 3142(e) of title 18, United States Code, is amended in the 
matter following paragraph (3), by inserting after ``that the person 
committed'' the following: ``an offense under subsection (g)(1) (where 
the underlying conviction is a drug trafficking crime or crime of 
violence (as those terms are defined in section 924(c))), (g)(2), 
(g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), or (g)(11) of section 
922,''.

SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3299A. Violent crime offenses
    ``No person shall be prosecuted, tried, or punished for any 
noncapital felony crime of violence, including any racketeering 
activity or gang crime which involves any crime of violence, unless the 
indictment is found or the information is instituted not later than 10 
years after the date on which the alleged violation occurred or the 
continuing offense was completed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by adding at 
the end the following:

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

SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.

    The Judicial Conference of the United States shall study the 
necessity and desirability of amending section 804(b) of the Federal 
Rules of Evidence to permit the introduction of statements against a 
party by a witness who has been made unavailable where it is reasonably 
foreseeable by that party that wrongdoing would make the declarant 
unavailable.

SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FELONS.

    (a) In General.--Section 924(e) of title 18, United States Code, is 
amended by striking paragraph (1) and inserting the following:
    ``(1) In the case of a person who violates section 922(g) of this 
title and has previously been convicted by any court referred to in 
section 922(g)(1) of a violent felony or a serious drug offense shall--
            ``(A) in the case of 1 such prior conviction, where a 
        period of not more than 10 years has elapsed since the later of 
        the date of conviction and the date of release of the person 
        from imprisonment for that conviction, be imprisoned for not 
        more than 15 years, fined under this title, or both;
            ``(B) in the case of 2 such prior convictions, committed on 
        occasions different from one another, and where a period of not 
        more than 10 years has elapsed since the later of the date of 
        conviction and the date of release of the person from 
        imprisonment for the most recent such conviction, be imprisoned 
        for not more than 20 years, fined under this title, or both; 
        and
            ``(C) in the case of 3 such prior convictions, committed on 
        occasions different from one another, and where a period of not 
        more than 10 years has elapsed since the later of date of 
        conviction and the date of release of the person from 
        imprisonment for the most recent such conviction, be imprisoned 
        for any term of years not less than 15 years or for life and 
        fined under this title, and notwithstanding any other provision 
        of law, the court shall not suspend the sentence of, or grant a 
        probationary sentence to, such person with respect to the 
        conviction under section 922(g).''.
    (b) Amendment to Sentencing Guidelines.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the Federal Sentencing Guidelines to 
provide for an appropriate increase in the offense level for violations 
of section 922(g) of title 18, United States Code, in accordance with 
section 924(e) of that title 18, as amended by subsection (a).

SEC. 207. CONFORMING AMENDMENT.

    The matter preceding paragraph (1) in section 922(d) of title 18, 
United States Code, is amended by inserting ``, transfer,'' after 
``sell''.

SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME.

    (a) Carjacking.--Section 2119 of title 18, United States Code, is 
amended--
            (1) in the matter preceding paragraph (1), by striking ``, 
        with the intent'' and all that follows through ``to do so, 
        shall'' and inserting ``knowingly takes a motor vehicle that 
        has been transported, shipped, or received in interstate or 
        foreign commerce from the person of another by force and 
        violence or by intimidation, causing a reasonable apprehension 
        of fear of death or serious bodily injury in an individual, or 
        attempts or conspires to do so, shall'';
            (2) in paragraph (1), by striking ``15 years'' and 
        inserting ``20 years'';
            (3) in paragraph (2), by striking ``or imprisoned not more 
        than 25 years, or both'' and inserting ``and imprisoned for any 
        term of years or for life''; and
            (4) in paragraph (3), by inserting ``the person takes or 
        attempts to take the motor vehicle in violation of this section 
        with intent to cause death or cause serious bodily injury, 
        and'' before ``death results''.
    (b) Clarification and Strengthening of Prohibition on Illegal Gun 
Transfers To Commit Drug Trafficking Crime or Crime of Violence.--
Section 924(h) of title 18, United States Code, is amended to read as 
follows:
    ``(h) Whoever knowingly transfers a firearm that has moved in or 
that otherwise affects interstate or foreign commerce, knowing that the 
firearm will be used to commit, or possessed in furtherance of, a crime 
of violence (as defined in subsection (c)(3)) or drug trafficking crime 
(as defined in subsection (c)(2)) shall be fined under this title and 
imprisoned not more than 20 years.''.
    (c) Amendment of Special Sentencing Provision Relating to 
Limitations on Criminal Association.--Section 3582(d) of title 18, 
United States Code, is amended--
            (1) by inserting ``chapter 26 of this title (criminal 
        street gang prosecutions) or in'' after ``felony set forth 
        in''; and
            (2) by inserting ``a criminal street gang or'' before ``an 
        illegal enterprise''.
    (d) Conspiracy Penalty.--Section 371 of title 18, United States 
Code, is amended by striking ``five years, or both.'' and inserting 
``10 years (unless the maximum penalty for the crime that served as the 
object of the conspiracy has a maximum penalty of imprisonment of less 
than 10 years, in which case the maximum penalty under this section 
shall be the penalty for such crime), or both. This paragraph does not 
supersede any other penalty specifically set forth for a conspiracy 
offense.''.

SEC. 209. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL PENALTIES.

    The Attorney General is authorized to conduct media campaigns in 
any area designated as a high intensity gang activity area under 
section 301 and any area with existing and emerging problems with 
gangs, as needed, to educate individuals in that area about the changes 
in criminal penalties made by this Act, and shall report to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives the amount of expenditures 
and all other aspects of the media campaign.

SEC. 210. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES.

    Section 3286(a) of title 18, United States Code, is amended--
            (1) in the subsection heading, by striking ``Eight-Year'' 
        and inserting ``Ten-Year''; and
            (2) in the first sentence, by striking ``8 years'' and 
        inserting ``10 years''.

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

    Section 1961(1)(A) of title 18, United States Code, is amended by 
inserting ``, or would have been so chargeable if the act or threat 
(other than gambling) had not been committed in Indian country (as 
defined in section 1151) or in any other area of exclusive Federal 
jurisdiction,'' after ``chargeable under State law''.

SEC. 212. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE, 
              ORAL, AND ELECTRONIC COMMUNICATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' and the end of paragraph (r);
            (2) by redesignating paragraph (s) as paragraph (u); and
            (3) by inserting after paragraph (r) the following:
            ``(s) any violation of section 424 of the Controlled 
        Substances Act (relating to murder and other violent crimes in 
        furtherance of a drug trafficking crime);
            ``(t) any violation of section 522, 523, or 524 (relating 
        to criminal street gangs); or''.

SEC. 213. CLARIFICATION OF HOBBS ACT.

    Section 1951(b) of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting ``including the unlawful 
        impersonation of a law enforcement officer (as that term is 
        defined in section 245(c) of this title),'' after ``by means of 
        actual or threatened force,''; and
            (2) in paragraph (2), by inserting ``including the unlawful 
        impersonation of a law enforcement officer (as that term is 
        defined in section 245(c) of this title),'' after ``by wrongful 
        use of actual or threatened force,''.

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

    (a) In General.--Chapter 73 of title 18, United States Code, is 
amended by inserting after section 1513 the following:
``Sec. 1513A. Interstate tampering with or retaliation against a 
              witness, victim, or informant in a state criminal 
              proceeding
    ``(a) In General.--It shall be unlawful for any person--
            ``(1) to travel in interstate or foreign commerce, or to 
        use the mail or any facility in interstate or foreign commerce, 
        or to employ, use, command, counsel, persuade, induce, entice, 
        or coerce any individual to do the same, with the intent to--
                    ``(A) use or threaten to use any physical force 
                against any witness, informant, victim, or other 
                participant in a State criminal proceeding in an effort 
                to influence or prevent participation in such 
                proceeding, or to retaliate against such individual for 
                participating in such proceeding; or
                    ``(B) threaten, influence, or prevent from 
                testifying any actual or prospective witness in a State 
                criminal proceeding; or
            ``(2) to attempt or conspire to commit an offense under 
        subparagraph (A) or (B) of paragraph (1).
    ``(b) Penalties.--
            ``(1) Use of force.--Any person who violates subsection 
        (a)(1)(A) by use of force--
                    ``(A) shall be fined under this title, imprisoned 
                not more than 20 years, or both; and
                    ``(B) if death, kidnapping, or serious bodily 
                injury results, shall be fined under this title, 
                imprisoned for any term of years or for life, or both.
            ``(2) Other violations.--Any person who violates subsection 
        (a)(1)(A) by threatened use of force or violates paragraph 
        (1)(B) or (2) of subsection (a) shall be fined under this 
        title, imprisoned not more than 10 years, or both.
    ``(c) Venue.--A prosecution under this section may be brought in 
the district in which the official proceeding (whether or not pending, 
about to be instituted or was completed) was intended to be affected or 
was completed, or in which the conduct constituting the alleged offense 
occurred.''.
    (b) Conforming Amendment.--Section 1512 is amended, in the section 
heading, by adding at the end the following: ``in a Federal 
proceeding''.
    (c) Chapter Analysis.--The table of sections for chapter 73 of 
title 18, United States Code, is amended--
            (1) by striking the item relating to section 1512 and 
        inserting the following:

``1512. Tampering with a witness, victim, or an informant in a Federal 
                            proceeding.'';
            and
            (2) by inserting after the item relating to section 1513 
        the following:

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

SEC. 215. AMENDMENT OF SENTENCING GUIDELINES.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall review and, if appropriate, 
amend its guidelines and policy statements to conform with this title 
and the amendments made by this title.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) establish new guidelines and policy statements, as 
        warranted, in order to implement new or revised criminal 
        offenses under this title and the amendments made by this 
        title;
            (2) consider the extent to which the guidelines and policy 
        statements adequately address--
                    (A) whether the guidelines offense levels and 
                enhancements--
                            (i) are sufficient to deter and punish such 
                        offenses; and
                            (ii) are adequate in view of the statutory 
                        increases in penalties contained in this title 
                        and the amendments made by this title; and
                    (B) whether any existing or new specific offense 
                characteristics should be added to reflect 
                congressional intent to increase penalties for the 
                offenses set forth in this title and the amendments 
                made by this title;
            (3) ensure that specific offense characteristics are added 
        to increase the guideline range--
                    (A) by at least 2 offense levels, if a criminal 
                defendant committing a gang crime or gang recruiting 
                offense was an alien who was present in the United 
                States in violation of section 275 or 276 of the 
                Immigration and Nationality Act (8 U.S.C. 1325 and 
                1326) at the time the offense was committed; and
                    (B) by at least 4 offense levels, if such defendant 
                had also previously been ordered removed or deported 
                under the Immigration and Nationality Act (8 U.S.C. 
                1101 et seq.) on the grounds of having committed a 
                crime;
            (4) determine under what circumstances a sentence of 
        imprisonment imposed under this title or the amendments made by 
        this title shall run consecutively to any other sentence of 
        imprisonment imposed for any other crime, except that the 
        Commission shall ensure that a sentence of imprisonment imposed 
        under section 424 of the Controlled Substances Act (21 U.S.C. 
        841 et seq.), as added by this Act, shall run consecutively, to 
        an extent that the Sentencing Commission determines 
        appropriate, to the sentence imposed for the underlying drug 
        trafficking offense;
            (5) account for any aggravating or mitigating circumstances 
        that might justify exceptions to the generally applicable 
        sentencing ranges;
            (6) ensure reasonable consistency with other relevant 
        directives, other sentencing guidelines, and statutes;
            (7) make any necessary and conforming changes to the 
        sentencing guidelines and policy statements; and
            (8) ensure that the guidelines adequately meet the purposes 
        of sentencing set forth in section 3553(a)(2) of title 18, 
        United States Code.

 TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY 
 AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES

SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH INTENSITY GANG 
              ACTIVITY AREAS.

    (a) Definitions.--In this section:
            (1) Governor.--The term ``Governor'' means a Governor of a 
        State, the Mayor of the District of Columbia, the tribal leader 
        of an Indian tribe, or the chief executive of a Commonwealth, 
        territory, or possession of the United States.
            (2) High intensity gang activity area.--The term ``high 
        intensity gang activity area'' or ``HIGAA'' means an area 
        within 1 or more States or Indian country that is designated as 
        a high intensity gang activity area under subsection (b)(1).
            (3) Indian country.--The term ``Indian country'' has the 
        meaning given the term in section 1151 of title 18, United 
        States Code.
            (4) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (5) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
            (6) Tribal leader.--The term ``tribal leader'' means the 
        chief executive officer representing the governing body of an 
        Indian tribe.
    (b) High Intensity Gang Activity Areas.--
            (1) Designation.--The Attorney General, after consultation 
        with the Governors of appropriate States, may designate as high 
        intensity gang activity areas, specific areas that are located 
        within 1 or more States, which may consist of 1 or more 
        municipalities, counties, or other jurisdictions as 
        appropriate.
            (2) Assistance.--In order to provide Federal assistance to 
        high intensity gang activity areas, the Attorney General 
        shall--
                    (A) establish local collaborative working groups, 
                which shall include--
                            (i) criminal street gang enforcement teams, 
                        consisting of Federal, State, tribal, and local 
                        law enforcement authorities, for the 
                        coordinated investigation, disruption, 
                        apprehension, and prosecution of criminal 
                        street gangs and offenders in each high 
                        intensity gang activity area;
                            (ii) educational, community, and faith 
                        leaders in the area;
                            (iii) service providers in the community, 
                        including those experienced at reaching youth 
                        and adults who have been involved in violence 
                        and violent gangs or groups, to provide gang-
                        involved or seriously at-risk youth with 
                        positive alternatives to gangs and other 
                        violent groups and to address the needs of 
                        those who leave gangs and other violent groups, 
                        and those reentering society from prison; and
                            (iv) evaluation teams to research and 
                        collect information, assess data, recommend 
                        adjustments, and generally assure the 
                        accountability and effectiveness of program 
                        implementation;
                    (B) direct the reassignment or detailing from any 
                Federal department or agency (subject to the approval 
                of the head of that department or agency, in the case 
                of a department or agency other than the Department of 
                Justice) of personnel to each criminal street gang 
                enforcement team;
                    (C) direct the reassignment or detailing of 
                representatives from--
                            (i) the Department of Justice;
                            (ii) the Department of Education;
                            (iii) the Department of Labor;
                            (iv) the Department of Health and Human 
                        Services;
                            (v) the Department of Housing and Urban 
                        Development; and
                            (vi) any other Federal department or agency 
                        (subject to the approval of the head of that 
                        department or agency, in the case of a 
                        department or agency other than the Department 
                        of Justice) to each high intensity gang 
                        activity area to identify and coordinate 
                        efforts to access Federal programs and 
                        resources available to provide gang prevention, 
                        intervention, and reentry assistance;
                    (D) prioritize and administer the Federal program 
                and resource requests made by the local collaborative 
                working group established under subparagraph (A) for 
                each high intensity gang activity area;
                    (E) provide all necessary funding for the operation 
                of each local collaborative working group in each high 
                intensity gang activity area; and
                    (F) provide all necessary funding for national and 
                regional meetings of local collaborative working 
                groups, criminal street gang enforcement teams, and 
                educational, community, social service, faith-based, 
                and all other related organizations, as needed, to 
                ensure effective operation of such teams through the 
                sharing of intelligence and best practices and for any 
                other related purpose.
            (3) Composition of criminal street gang enforcement team.--
        Each team established under paragraph (2)(A)(i) shall consist 
        of agents and officers, where feasible, from--
                    (A) the Federal Bureau of Investigation;
                    (B) the Drug Enforcement Administration;
                    (C) the Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives;
                    (D) the United States Marshals Service;
                    (E) the Department of Homeland Security;
                    (F) the Department of Housing and Urban 
                Development;
                    (G) State, local, and, where appropriate, tribal 
                law enforcement;
                    (H) Federal, State, and local prosecutors; and
                    (I) the Bureau of Indian Affairs, Office of Law 
                Enforcement Services, where appropriate.
            (4) Criteria for designation.--In considering an area for 
        designation as a high intensity gang activity area under this 
        section, the Attorney General shall consider--
                    (A) the current and predicted levels of gang crime 
                activity in the area;
                    (B) the extent to which qualitative and 
                quantitative data indicate that violent crime in the 
                area is related to criminal street gang activity, such 
                as murder, robbery, assaults, carjacking, arson, 
                kidnapping, extortion, drug trafficking, and other 
                criminal activity;
                    (C) the extent to which State, local, and, where 
                appropriate, tribal law enforcement agencies, schools, 
                community groups, social 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.

SEC. 302. GANG PREVENTION GRANTS.

    (a) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice may make grants, in accordance with such 
regulations as the Attorney General may prescribe, to States, units of 
local government, tribal governments, and qualified private entities, 
to develop community-based programs that provide crime prevention, 
research, and intervention services that are designed for gang members 
and at-risk youth.
    (b) Use of Grant Amounts.--A grant under this section may be used 
(including through subgrants) for--
            (1) preventing initial gang recruitment and involvement 
        among younger teenagers;
            (2) reducing gang involvement through nonviolent and 
        constructive activities, such as community service programs, 
        development of nonviolent conflict resolution skills, 
        employment and legal assistance, family counseling, and other 
        safe, community-based alternatives for high-risk youth;
            (3) developing in-school and after-school gang safety, 
        control, education, and resistance procedures and programs;
            (4) identifying and addressing early childhood risk factors 
        for gang involvement, including parent training and childhood 
        skills development;
            (5) identifying and fostering protective factors that 
        buffer children and adolescents from gang involvement;
            (6) developing and identifying investigative programs 
        designed to deter gang recruitment, involvement, and activities 
        through effective intelligence gathering;
            (7) developing programs and youth centers for first-time 
        nonviolent offenders facing alternative penalties, such as 
        mandated participation in community service, restitution, 
        counseling, and education and prevention programs;
            (8) implementing regional, multidisciplinary approaches to 
        combat gang violence though coordinated programs for prevention 
        and intervention (including street outreach programs and other 
        peacemaking activities) or coordinated law enforcement 
        activities (including regional gang task forces and regional 
        crime mapping strategies that enhance focused prosecutions and 
        reintegration strategies for offender reentry); or
            (9) identifying at-risk and high-risk students through home 
        visits organized through joint collaborations between law 
        enforcement, faith-based organizations, schools, and social 
        workers.
    (c) Grant Requirements.--
            (1) Maximum.--The amount of a grant under this section may 
        not exceed $1,000,000.
            (2) Consultation and cooperation.--Each recipient of a 
        grant under this section shall have in effect on the date of 
        the application by that entity agreements to consult and 
        cooperate with local, State, or Federal law enforcement and 
        participate, as appropriate, in coordinated efforts to reduce 
        gang activity and violence.
    (d) Annual Report.--Each recipient of a grant under this section 
shall submit to the Attorney General, for each year in which funds from 
a grant received under this section are expended, a report containing--
            (1) a summary of the activities carried out with grant 
        funds during that year;
            (2) an assessment of the effectiveness of the crime 
        prevention, research, and intervention activities of the 
        recipient, based on data collected by the grant recipient;
            (3) a strategic plan for the year following the year 
        described in paragraph (1);
            (4) evidence of consultation and cooperation with local, 
        State, or Federal law enforcement or, if the grant recipient is 
        a government entity, evidence of consultation with an 
        organization engaged in any activity described in subsection 
        (b); and
            (5) such other information as the Attorney General may 
        require.
    (e) Definition.--In this section, the term ``units of local 
government'' includes sheriffs departments, police departments, and 
local prosecutor offices.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section $35,000,000 for each of the 
fiscal years 2009 through 2013.

SEC. 303. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO 
              IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT 
              GANGS.

    (a) In General.--While maintaining the focus of Project Safe 
Neighborhoods as a comprehensive, strategic approach to reducing gun 
violence in America, the Attorney General is authorized to expand the 
Project Safe Neighborhoods program to require each United States 
attorney to--
            (1) identify, investigate, and prosecute significant 
        criminal street gangs operating within their district; and
            (2) coordinate the identification, investigation, and 
        prosecution of criminal street gangs among Federal, State, and 
        local law enforcement agencies.
    (b) Additional Staff for Project Safe Neighborhoods.--
            (1) In general.--The Attorney General may hire Assistant 
        United States attorneys, non-attorney coordinators, or 
        paralegals to carry out the provisions of this section.
            (2) Enforcement.--The Attorney General may hire Bureau of 
        Alcohol, Tobacco, Firearms, and Explosives agents for, and 
        otherwise expend additional resources in support of, the 
        Project Safe Neighborhoods/Firearms Violence Reduction program.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated $20,000,000 for each of fiscal years 2009 
        through 2013 to carry out this section. Any funds made 
        available under this paragraph shall remain available until 
        expended.

SEC. 304. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF 
              INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT 
              CRIMINAL STREET GANGS.

    (a) Expansion of Safe Streets Program.--The Attorney General is 
authorized to expand the Safe Streets Program of the Federal Bureau of 
Investigation for the purpose of supporting criminal street gang 
enforcement teams.
    (b) National Gang Activity Database.--
            (1) In general.--The Attorney General shall establish a 
        National Gang Activity Database to be housed at and 
        administered by the Department of Justice.
            (2) Description.--The database required by paragraph (1) 
        shall--
                    (A) be designed to disseminate gang information to 
                law enforcement agencies throughout the country and, 
                subject to appropriate controls, to disseminate 
                aggregate statistical information to other members of 
                the criminal justice system, community leaders, 
                academics, and the public;
                    (B) contain critical information on gangs, gang 
                members, firearms, criminal activities, vehicles, and 
                other information useful for investigators in solving 
                and reducing gang-related crimes;
                    (C) operate in a manner that enables law 
                enforcement agencies to--
                            (i) identify gang members involved in 
                        crimes;
                            (ii) track the movement of gangs and 
                        members throughout the region;
                            (iii) coordinate law enforcement response 
                        to gang violence;
                            (iv) enhance officer safety;
                            (v) provide realistic, up-to-date figures 
                        and statistical data on gang crime and 
                        violence;
                            (vi) forecast trends and respond 
                        accordingly; and
                            (vii) more easily solve crimes and prevent 
                        violence; and
                    (D) be subject to guidelines, issued by the 
                Attorney General, specifying the criteria for adding 
                information to the database, the appropriate period for 
                retention of such information, and a process for 
                removing individuals from the database, and prohibiting 
                disseminating gang information to any entity that is 
                not a law enforcement agency, except aggregate 
                statistical information where appropriate.
            (3) Use of riss secure intranet.--From amounts made 
        available to carry out this section, the Attorney General shall 
        provide the Regional Information Sharing Systems such sums as 
        are necessary to use the secure intranet known as RISSNET to 
        electronically connect existing gang information systems 
        (including the RISSGang National Gang Database) with the 
        National Gang Activity Database, thereby facilitating the 
        automated information exchange of existing gang data by all 
        connected systems without the need for additional databases or 
        data replication.
    (c) Authorization of Appropriations.--
            (1) In general.--In addition to amounts otherwise 
        authorized, there are authorized to be appropriated to the 
        Attorney General $10,000,000 for each of fiscal years 2009 
        through 2013 to carry out this section.
            (2) Availability.--Any amounts appropriated under paragraph 
        (1) shall remain available until expended.

SEC. 305. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT TO COMBAT VIOLENT 
              CRIME.

    (a) In General.--Section 31702 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) to hire additional prosecutors to--
                    ``(A) allow more cases to be prosecuted; and
                    ``(B) reduce backlogs; and
            ``(6) to fund technology, equipment, and training for 
        prosecutors and law enforcement in order to increase accurate 
        identification of gang members and violent offenders, and to 
        maintain databases with such information to facilitate 
        coordination among law enforcement and prosecutors.''.
    (b) Authorization of Appropriations.--Section 31707 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13867) is 
amended to read as follows:

``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $20,000,000 for each of 
the fiscal years 2009 through 2013 to carry out this subtitle.''.

SEC. 306. EXPANSION AND REAUTHORIZATION OF THE MENTORING INITIATIVE FOR 
              SYSTEM INVOLVED YOUTH.

    (a) Expansion.--Section 261(a) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5665(a)) is amended by 
adding at the end the following: ``The Administrator shall expand the 
number of sites receiving such grants from 4 to 12.''.
    (b) Authorization of Program.--Section 299(c) of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671(c)) is 
amended--
            (1) by striking ``There are authorized'' and inserting the 
        following:
            ``(1) In general.--There are authorized''; and
            (2) by adding at the end the following:
            ``(2) Authorization of appropriations for mentoring 
        initiative.--There are authorized to be appropriated to carry 
        out the Mentoring Initiative for System Involved Youth Program 
        under part E $4,800,000 for each of fiscal years 2009 through 
        2013.''.

SEC. 307. DEMONSTRATION GRANTS TO ENCOURAGE CREATIVE APPROACHES TO GANG 
              ACTIVITY AND AFTER-SCHOOL PROGRAMS.

    (a) In General.--The Attorney General may make grants to public or 
nonprofit private entities (including faith-based organizations) for 
the purpose of assisting the entities in carrying out projects 
involving innovative approaches to combat gang activity.
    (b) Certain Approaches.--Approaches under subsection (a) may 
include the following:
            (1) Encouraging teen-driven approaches to gang activity 
        prevention.
            (2) Educating parents to recognize signs of problems and 
        potential gang involvement in their children.
            (3) Teaching parents the importance of a nurturing family 
        and home environment to keep children out of gangs.
            (4) Facilitating communication between parents and 
        children, especially programs that have been evaluated and 
        proven effective.
    (c) Matching Funds.--
            (1) In general.--The Attorney General may make a grant 
        under this section only if the entity receiving the grant 
        agrees to make available (directly or through donations from 
        public or private entities) non-Federal contributions toward 
        the cost of activities to be performed with that grant in an 
        amount that is not less than 25 percent of such costs.
            (2) Determination of amount contributed.--Non-Federal 
        contributions required under paragraph (1) may be in cash or in 
        kind, fairly evaluated, including facilities, equipment, or 
        services. Amounts provided by the Federal Government, or 
        services assisted or subsidized to any significant extent by 
        the Federal Government, may not be included in determining the 
        amount of such non-Federal contributions.
    (d) Evaluation of Projects.--
            (1) In general.--The Attorney General shall establish 
        criteria for the evaluation of projects involving innovative 
        approaches under subsection (a).
            (2) Grantees.--A grant may be made under subsection (a) 
        only if the entity involved--
                    (A) agrees to conduct evaluations of the approach 
                in accordance with the criteria established under 
                paragraph (1);
                    (B) agrees to submit to the Attorney General 
                reports describing the results of the evaluations, as 
                the Attorney General determines to be appropriate; and
                    (C) submits to the Attorney General, in the 
                application under subsection (e), a plan for conducting 
                the evaluations.
    (e) Application for Grant.--A public or nonprofit private entity 
desiring a grant under this section shall submit an application in such 
form, in such manner, and containing such agreements, assurances, and 
information (including the agreements under subsections (c) and (d) and 
the plan under subsection (d)(2)(C)) as the Attorney General determines 
appropriate.
    (f) Report to Congress.--Not later than February 1 of each year, 
the Attorney General shall submit to Congress a report describing the 
extent to which the approaches under subsection (a) have been 
successful in reducing the rate of gang activity in the communities in 
which the approaches have been carried out. Each report under this 
subsection shall describe the various approaches used under subsection 
(a) and the effectiveness of each of the approaches.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 to carry out this section for each of the 
fiscal years 2009 through 2013.

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

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

``570. Short-Term State Witness Protection Section.''.
    (b) Grant Program.--
            (1) Definitions.--In this subsection--
                    (A) the term ``eligible prosecutor's office'' means 
                a State or local criminal prosecutor's office or the 
                United States attorney for the District of Columbia; 
                and
                    (B) the term ``serious violent felony'' has the 
                same meaning as in section 3559(c)(2) of title 18, 
                United States Code.
            (2) Grants authorized.--
                    (A) In general.--The Attorney General is authorized 
                to make grants to eligible prosecutor's offices for 
                purposes of identifying witnesses in need of protection 
                or providing short term protection to witnesses in 
                trials involving homicide or serious violent felony.
                    (B) Allocation.--Each eligible prosecutor's office 
                receiving a grant under this subsection may--
                            (i) use the grant to identify witnesses in 
                        need of protection or provide witness 
                        protection (including tattoo removal services); 
                        or
                            (ii) pursuant to a cooperative agreement 
                        with the Short-Term State Witness Protection 
                        Section of the United States Marshals Service, 
                        credit the grant to the Short-Term State 
                        Witness Protection Section to cover the costs 
                        to the section of providing witness protection 
                        on behalf of the eligible prosecutor's office.
            (3) Application.--
                    (A) In general.--Each eligible prosecutor's office 
                desiring a grant under this subsection shall submit an 
                application to the Attorney General at such time, in 
                such manner, and accompanied by such information as the 
                Attorney General may reasonably require.
                    (B) Contents.--Each application submitted under 
                subparagraph (A) shall--
                            (i) describe the activities for which 
                        assistance under this subsection is sought; and
                            (ii) provide such additional assurances as 
                        the Attorney General determines to be essential 
                        to ensure compliance with the requirements of 
                        this subsection.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection $90,000,000 for 
        each of fiscal years 2009 through 2011.

SEC. 309. WITNESS PROTECTION SERVICES.

    Section 3526 of title 18, United States Code (Cooperation of other 
Federal agencies and State governments; reimbursement of expenses) is 
amended by adding at the end the following:
    ``(c) In any case in which a State government requests the Attorney 
General to provide temporary protection under section 3521(e) of this 
title, the costs of providing temporary protection are not reimbursable 
if the investigation or prosecution in any way relates to crimes of 
violence committed by a criminal street gang, as defined under the laws 
of the relevant State seeking assistance under this title.''.

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

    Section 3521(a)(1) of title 18 is amended by inserting ``, criminal 
street gang, serious drug offense, homicide,'' after ``organized 
criminal activity''.

SEC. 311. FAMILY ABDUCTION PREVENTION GRANT PROGRAM.

    (a) State Grants.--The Attorney General is authorized to make 
grants to States for projects involving--
            (1) the extradition of individuals suspected of committing 
        a family abduction;
            (2) the investigation by State and local law enforcement 
        agencies of family abduction cases;
            (3) the training of State and local law enforcement 
        agencies in responding to family abductions and recovering 
        abducted children, including the development of written 
        guidelines and technical assistance;
            (4) outreach and media campaigns to educate parents on the 
        dangers of family abductions; and
            (5) the flagging of school records.
    (b) Matching Requirement.--Not less than 50 percent of the cost of 
a project for which a grant is made under this section shall be 
provided by non-Federal sources.
    (c) Definitions.--In this section:
            (1) Family abduction.---The term ``family abduction'' means 
        the taking, keeping, or concealing of a child or children by a 
        parent, other family member, or person acting on behalf of the 
        parent or family member, that prevents another individual from 
        exercising lawful custody or visitation rights.
            (2) Flagging.--The term ``flagging'' means the process of 
        notifying law enforcement authorities of the name and address 
        of any person requesting the school records of an abducted 
        child.
            (3) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Commonwealth of the Northern Mariana Islands, 
        American Samoa, Guam, the Virgin Islands, any territory or 
        possession of the United States, and any Indian tribe.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $500,000 for fiscal year 2009 
and such sums as may be necessary for each of fiscal years 2010 and 
2011.

SEC. 312. STUDY ON ADOLESCENT DEVELOPMENT AND SENTENCES IN THE FEDERAL 
              SYSTEM.

    (a) In General.--The United States Sentencing Commission shall 
conduct a study to examine the appropriateness of sentences for minors 
in the Federal system.
    (b) Contents.--The study conducted under subsection (a) shall--
            (1) incorporate the most recent research and expertise in 
        the field of adolescent brain development and culpability;
            (2) evaluate the toll of juvenile crime, particularly 
        violent juvenile crime, on communities;
            (3) consider the appropriateness of life sentences without 
        possibility for parole for minor offenders in the Federal 
        system; and
            (4) evaluate issues of recidivism by juveniles who are 
        released from prison or detention after serving determinate 
        sentences.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the United States Sentencing Commission shall submit to 
Congress a report regarding the study conducted under subsection (a), 
which shall--
            (1) include the findings of the Commission;
            (2) describe significant cases reviewed as part of the 
        study; and
            (3) make recommendations, if any.
    (d) Revision of Guidelines.--If determined appropriate by the 
United States Sentencing Commission, after completing the study under 
subsection (a) the Commission may, pursuant to its authority under 
section 994 of title 28, United States Code, establish or revise 
guidelines and policy statements, as warranted, relating to the 
sentencing of minors under this Act or the amendments made by this Act.

SEC. 313. NATIONAL YOUTH ANTI-HEROIN MEDIA CAMPAIGN.

    Section 709 of the Office of National Drug Control Policy 
Reauthorization Act of 1998 (21 U.S.C. 1708) is amended--
            (1) by redesignating subsections (k) and (l) as subsections 
        (l) and (m), respectively; and
            (2) by inserting after subsection (j) the following:
    ``(k) Prevention of Heroin Abuse.--
            ``(1) Findings.--Congress finds the following:
                    ``(A) Heroin, and particularly the form known as 
                `cheese heroin' (a drug made by mixing black tar heroin 
                with diphenhydramine), poses a significant and 
                increasing threat to youth in the United States.
                    ``(B) Drug organizations import heroin from outside 
                of the United States, mix the highly addictive drug 
                with diphenhydramine, and distribute it mostly to 
                youth.
                    ``(C) Since the initial discovery of cheese heroin 
                on Dallas school campuses in 2005, at least 21 minors 
                have died after overdosing on cheese heroin in Dallas 
                County.
                    ``(D) The number of arrests involving possession of 
                cheese heroin in the Dallas area during the 2006-2007 
                school year increased over 60 percent from the previous 
                school year.
                    ``(E) The ease of communication via the Internet 
                and cell phones allows a drug trend to spread rapidly 
                across the country, creating a national threat.
                    ``(F) Gangs recruit youth as new members by 
                providing them with this inexpensive drug.
                    ``(G) Reports show that there is rampant ignorance 
                among youth about the dangerous and potentially fatal 
                effects of cheese heroin.
            ``(2) Prevention of heroin abuse.--In conducting 
        advertising and activities otherwise authorized under this 
        section, the Director shall promote prevention of youth heroin 
        use, including cheese heroin.''.

SEC. 314. TRAINING AT THE NATIONAL ADVOCACY CENTER.

    (a) In General.--The National District Attorneys Association may 
use the services of the National Advocacy Center in Columbia, South 
Carolina to conduct a national training program for State and local 
prosecutors for the purpose of improving the professional skills of 
State and local prosecutors and enhancing the ability of Federal, 
State, and local prosecutors to work together.
    (b) Training.--The National Advocacy Center in Columbia, South 
Carolina may provide comprehensive continuing legal education in the 
areas of trial practice, substantive legal updates, and support staff 
training.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$6,500,000, to remain available until expended, for fiscal years 2009 
through 2012.

         TITLE IV--CRIME PREVENTION AND INTERVENTION STRATEGIES

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Prevention Resources for 
Eliminating Criminal Activity Using Tailored Interventions in Our 
Neighborhoods Act of 2009'' or the ``PRECAUTION Act''.

SEC. 402. PURPOSES.

    The purposes of this title are to--
            (1) establish a commitment on the part of the Federal 
        Government to provide leadership on successful crime prevention 
        and intervention strategies;
            (2) further the integration of crime prevention and 
        intervention strategies into traditional law enforcement 
        practices of State and local law enforcement offices around the 
        country;
            (3) develop a plain-language, implementation-focused 
        assessment of those current crime and delinquency prevention 
        and intervention strategies that are supported by rigorous 
        evidence;
            (4) provide additional resources to the National Institute 
        of Justice to administer research and development grants for 
        promising crime prevention and intervention strategies;
            (5) develop recommendations for Federal priorities for 
        crime and delinquency prevention and intervention research, 
        development, and funding that may augment important Federal 
        grant programs, including the Edward Byrne Memorial Justice 
        Assistance Grant Program under subpart 1 of part E of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3750 et seq.), grant programs administered by the Office 
        of Community Oriented Policing Services of the Department of 
        Justice, grant programs administered by the Office of Safe and 
        Drug-Free Schools of the Department of Education, and other 
        similar programs; and
            (6) reduce the costs that rising violent crime imposes on 
        interstate commerce.

SEC. 403. DEFINITIONS.

    In this title, the following definitions shall apply:
            (1) Commission.--The term ``Commission'' means the National 
        Commission on Public Safety Through Crime Prevention 
        established under section 404(a).
            (2) Rigorous evidence.--The term ``rigorous evidence'' 
        means evidence generated by scientifically valid forms of 
        outcome evaluation, particularly randomized trials (where 
        practicable).
            (3) Subcategory.--The term ``subcategory'' means 1 of the 
        following categories:
                    (A) Family and community settings (including public 
                health-based strategies).
                    (B) Law enforcement settings (including probation-
                based strategies).
                    (C) School settings (including antigang and general 
                antiviolence strategies).
            (4) Top-tier.--The term ``top-tier'' means any strategy 
        supported by rigorous evidence of the sizable, sustained 
        benefits to participants in the strategy or to society.

SEC. 404. NATIONAL COMMISSION ON PUBLIC SAFETY THROUGH CRIME 
              PREVENTION.

    (a) Establishment.--There is established a commission to be known 
as the National Commission on Public Safety Through Crime Prevention.
    (b) Members.--
            (1) In general.--The Commission shall be composed of 9 
        members, of whom--
                    (A) 3 shall be appointed by the President, 1 of 
                whom shall be the Assistant Attorney General for the 
                Office of Justice Programs or a representative of such 
                Assistant Attorney General;
                    (B) 2 shall be appointed by the Speaker of the 
                House of Representatives, unless the Speaker is of the 
                same party as the President, in which case 1 shall be 
                appointed by the Speaker of the House of 
                Representatives and 1 shall be appointed by the 
                minority leader of the House of Representatives;
                    (C) 1 shall be appointed by the minority leader of 
                the House of Representatives (in addition to any 
                appointment made under subparagraph (B));
                    (D) 2 shall be appointed by the majority leader of 
                the Senate, unless the majority leader is of the same 
                party as the President, in which case 1 shall be 
                appointed by the majority leader of the Senate and 1 
                shall be appointed by the minority leader of the 
                Senate; and
                    (E) 1 member appointed by the minority leader of 
                the Senate (in addition to any appointment made under 
                subparagraph (D)).
            (2) Persons eligible.--
                    (A) In general.--Each member of the Commission 
                shall be an individual who has knowledge or expertise 
                in matters to be studied by the Commission.
                    (B) Required representatives.--At least--
                            (i) 2 members of the Commission shall be 
                        respected social scientists with experience 
                        implementing or interpreting rigorous, outcome-
                        based trials; and
                            (ii) 2 members of the Commission shall be 
                        law enforcement practitioners.
            (3) Consultation required.--The President, the Speaker of 
        the House of Representatives, the minority leader of the House 
        of Representatives, and the majority leader and minority leader 
        of the Senate shall consult prior to the appointment of the 
        members of the Commission to achieve, to the maximum extent 
        possible, fair and equitable representation of various points 
        of view with respect to the matters to be studied by the 
        Commission.
            (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.

SEC. 405. INNOVATIVE CRIME PREVENTION AND INTERVENTION STRATEGY GRANTS.

    (a) Grants Authorized.--The Director of the National Institute of 
Justice may make grants to public and private entities to fund the 
implementation and evaluation of innovative crime or delinquency 
prevention or intervention strategies. The purpose of grants under this 
section shall be to provide funds for all expenses related to the 
implementation of such a strategy and to conduct a rigorous study on 
the effectiveness of that strategy.
    (b) Grant Distribution.--
            (1) Period.--A grant under this section shall be made for a 
        period of not more than 3 years.
            (2) Amount.--The amount of each grant under this section--
                    (A) shall be sufficient to ensure that rigorous 
                evaluations may be performed; and
                    (B) shall not exceed $2,000,000.
            (3) Evaluation set-aside.--
                    (A) In general.--A grantee shall use not less than 
                $300,000 and not more than $700,000 of the funds from a 
                grant under this section for a rigorous study of the 
                effectiveness of the strategy during the 3-year period 
                of the grant for that strategy.
                    (B) Methodology of study.--
                            (i) In general.--Each study conducted under 
                        subparagraph (A) shall use an evaluator and a 
                        study design approved by the employee of the 
                        National Institute of Justice hired or assigned 
                        under subsection (c).
                            (ii) Criteria.--The employee of the 
                        National Institute of Justice hired or assigned 
                        under subsection (c) shall approve--
                                    (I) an evaluator that has 
                                successfully carried out multiple 
                                studies producing rigorous evidence of 
                                effectiveness; and
                                    (II) a proposed study design that 
                                is likely to produce rigorous evidence 
                                of the effectiveness of the strategy.
                            (iii) Approval.--Before a grant is awarded 
                        under this section, the evaluator and study 
                        design of a grantee shall be approved by the 
                        employee of the National Institute of Justice 
                        hired or assigned under subsection (c).
            (4) Date of award.--Not later than 6 months after the date 
        of receiving recommendations relating to a subcategory from the 
        Commission under section 404(f), the Director of the National 
        Institute of Justice shall award all grants under this section 
        relating to that subcategory.
            (5) Type of grants.--One-third of the grants made under 
        this section shall be made in each subcategory. In distributing 
        grants, the recommendations of the Commission under section 
        404(f) shall be considered.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated $18,000,000 to carry out this subsection.
    (c) Dedicated Staff.--
            (1) In general.--The Director of the National Institute of 
        Justice shall hire or assign a full-time employee to oversee 
        the grants under this section.
            (2) Study oversight.--The employee of the National 
        Institute of Justice hired or assigned under paragraph (1) 
        shall be responsible for ensuring that grantees adhere to the 
        study design approved before the applicable grant was awarded.
            (3) Liaison.--The employee of the National Institute of 
        Justice hired or assigned under paragraph (1) may be used as a 
        liaison between the Commission and the recipients of a grant 
        under this section. That employee shall be responsible for 
        ensuring timely cooperation with Commission requests.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated $150,000 for each of fiscal years 2009 
        through 2013 to carry out this subsection.
    (d) Applications.--A public or private entity desiring a grant 
under this section shall submit an application at such time, in such 
manner, and accompanied by such information as the Director of the 
National Institute of Justice may reasonably require.
    (e) Cooperation With the Commission.--Grant recipients shall 
cooperate with the Commission in providing them with full information 
on the progress of the strategy being carried out with a grant under 
this section, including--
            (1) hosting visits by the members of the Commission to the 
        site where the activities under the strategy are being carried 
        out;
            (2) providing pertinent information on the logistics of 
        establishing the strategy for which the grant under this 
        section was received, including details on partnerships, 
        selection of participants, and any efforts to publicize the 
        strategy; and
            (3) responding to any specific inquiries that may be made 
        by the Commission.
                                 <all>