II 111th CONGRESS 1st Session S. 208 IN THE SENATE OF THE UNITED STATES January 12, 2009 Mrs. Boxer introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide Federal coordination and assistance in preventing gang violence.

1.

Short title

This Act may be cited as Mynisha's Law.

2.

Findings

Congress finds— (1)with an estimated 26,500 gangs operating within the United States, gang violence and drug trafficking remain serious problems throughout the country, causing injury and death to innocent victims, often children; (2)on November 13, 2005, a gang-related dispute broke out in San Bernardino, California, and gunfire sprayed an apartment building, killing 11-year-old Mynisha Crenshaw and seriously wounding her 14-year-old sister as they ate Sunday dinner with their family; (3)this tragic shooting symbolizes the struggle that so many communities across the United States, like San Bernardino, face in combating gang violence, and serves as a reminder of the nationwide problem of protecting children from senseless violence; (4)according to the National Drug Threat Assessment, criminal street gangs are responsible for the distribution of much of the cocaine, methamphetamine, heroin, and other illegal drugs throughout the United States; (5)the Federal Government has made an increased commitment to the suppression of gang violence through enhanced law enforcement and criminal penalties; and (6)more Federal resources and coordination are needed to reduce gang violence through proven and proactive prevention and intervention programs that focus on keeping at-risk youth in school and out of the criminal justice system.

3.

Designation as a High Intensity Gang Activity Area

(a)

In general

A unit of local government, city, county, tribal government, or a group of counties (whether located in 1 or more States) may submit an application to the Attorney General for designation as a High Intensity Gang Activity Area. (b)

Criteria

(1)

In general

The Attorney General shall establish criteria for reviewing applications submitted under subsection (a). (2)

Considerations

In establishing criteria under subsection (a) and evaluating an application for designation as a High Intensity Gang Activity Area, the Attorney General shall consider— (A)the current and predicted levels of gang crime activity in the area; (B)the extent to which violent crime in the area appears to be related to criminal gang activity; (C)the extent to which the area is already engaged in local or regional collaboration regarding, and coordination of, gang prevention activities; and (D)such other criteria as the Attorney General determines to be appropriate.

4.

Purpose of the Task Force

(a)

In general

In order to coordinate Federal assistance to High Intensity Gang Activity Areas, the Attorney General shall establish an Interagency Gang Prevention Task Force (in this Act referred to as the Task Force) in each such area, consisting of a representative from— (1)the Department of Justice; (2)the Department of Education; (3)the Department of Labor; (4)the Department of Health and Human Services; and (5)the Department of Housing and Urban Development. (b)

Coordination

For each High Intensity Gang Activity Area designated by the Attorney General under section 3, the Task Force shall— (1)coordinate the activities of the Federal Government to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; and (2)coordinate its efforts with local and regional gang prevention efforts. (c)

Programs

Each Task Force shall prioritize the needs of a High Intensity Gang Activity Area for funding under— (1)the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (2)the Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.); (3)the Healthy Start Initiative under section 330H of the Public Health Services Act (42 U.S.C. 254c–8); (4)the Head Start Act (42 U.S.C. 9831 et seq.); (5)the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.); (6)the Job Corps program under subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.); (7)the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); (8)the Gang Resistance Education and Training projects under subtitle X of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13921); (9)any program administered by the Office of Community Oriented Policing Services; (10)the Juvenile Accountability Block Grant program under part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.); (11)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.); and (12)any other program that the Task Force determines to be appropriate. (d)

Reporting requirements

(1)

Annual Task Force reports to AG

Not later than September 1 of each year, each Task Force shall submit to the Attorney General a report on the funding needs and programmatic outcomes for each area designated as a High Intensity Gang Activity Area. (2)

Annual AG report to Congress

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 of each such area; (B)the measurements used to evaluate the performance of the High Intensity Gang Activity Area in achieving the long-term and short-term goals described under subparagraph (A); (C)the age, composition, and membership of gangs in each such area; (D)the number and nature of crimes committed by gangs and gang members in each such area; (E)the definition of the term gang used to compile the information required under this subsection for each such area; and (F)the programmatic outcomes and funding need of each High Intensity Gang Activity 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.

5.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to meet any needs identified by the Attorney General or in any report submitted under section 4(d)(2).