[Congressional Record Volume 151, Number 88 (Tuesday, June 28, 2005)]
[Senate]
[Pages S7526-S7530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Leahy, Mr. Kennedy, and Mr. 
        Feingold):
  S. 1322. A bill to allow for the prosecution of members of criminal 
street gangs, and for other purposes; to the Committee on the 
Judiciary.
  Mr. DURBIN. Mr. President, today, I am joined by Senators Leahy, 
Kennedy, and Feingold in introducing the American Neighborhoods Taking 
the Initiative Guarding Against Neighborhood Gangs (ANTI-GANG) Act, 
which is a comprehensive bill that will help State and local 
prosecutors prevent, investigate, and prosecute gang crimes.
  Gang violence is a serious, nationwide program. The National Youth 
Gang Survey estimated that in 2002 there were 21,500 gangs comprised of 
731,500 members in the United States. The FBI has noted that ``[s]treet 
gangs and other loosely knit groups are responsible for a substantial 
portion of the increase in violent crime in the United States.'' The 
problem is clearly felt in Chicago, IL, where over 40 percent of the 
homicides last year were gang-related. The Chicago Police Department is 
currently tracking 68 identified gangs, with an estimated 68,000 
members.
  I would like to commend the State and local prosecutors and law 
enforcement agencies for their work in fighting this problem. The ANTI-
GANG Act would authorize $862.5 million in grants over the next five 
years to provide them with the tools they need and have

[[Page S7527]]

specifically requested of Congress to combat violent gangs.
  For example, the National District Attorneys Association (NDAA) wrote 
the following: ``We must find new methods of protecting those 
individuals brave enough to come forward as witnesses. Our biggest 
problem is getting the financial help to establish, and run, meaningful 
witness protection programs.'' The National Alliance of Gang 
Investigators (NAGI) also has identified a trend in witness 
intimidation that is ``dramatically affecting the prosecution of 
violent gang offenders.'' The ANTI-GANG Act responds by authorizing 
$300 million over five years for the protection of witnesses and 
victims of gang crimes. This bill also would allow the Attorney General 
to provide for the relocation and protection of witnesses in state 
gang, drug, and homicide cases, and it would allow States to obtain the 
temporary protection of witnesses in State gang cases through the 
Federal witness relocation and protection program, without any 
requirement of reimbursement for those temporary services.
  The ANTI-GANG Act also authorizes $250 million over five years for 
grants to develop gang prevention, research, and intervention services. 
However, these grants should not be limited to those areas already 
identified as ``high intensity'' interstate gang activity areas. The 
NAGI also has identified a trend of gangs migrating from larger cities 
to smaller communities, which is fueled in large part by an increase in 
gang involvement in drug trafficking. This may be related to the spread 
of methamphetamine, which is the fastest-growing drug in the United 
States and, according to Illinois Attorney General Lisa Madigan, the 
``single-greatest threat to rural America today.'' In response to these 
trends, the ANTI-GANG Act would allow rural communities and other 
jurisdictions to apply for these grants, to prevent gang violence from 
occurring in the first place. The ANTI-GANG Act also authorizes $262.5 
million over five years for the cooperative prevention, investigation, 
and prosecution of gang crimes. Most of this funding would be for 
criminal street gang enforcement teams made up of local, State, and 
Federal law enforcement authorities that would investigate and 
prosecute criminal street gangs in high intensity interstate gang 
activity areas (HIIGAAs). Importantly, this bill would allow HIIGAAs to 
be integrated with High Intensity Interstate Drug Trafficking Areas 
(HIIDTAs), to avoid conflicts in those areas where the two entities 
would coexist.

  The ANTI-GANG Act also authorizes $50 million over five years for 
technology, equipment, and training to identify gang members and 
violent offenders and to maintain databases to facilitate coordination 
among law enforcement and prosecutors;
  In addition to these new resources, the ANTI-GANG Act will 
effectively strengthen the ability of prosecutors to prosecute violent 
street gangs, by creating a stronger Federal criminal gang prosecution 
offense. This new offense criminalizes participation in criminal street 
gangs, recruitment and retention of gang members, and witness 
intimidation. At the same time, it responds to concerns raised by the 
NDAA regarding potential conflicts with local investigation and 
prosecution efforts, by requiring certification by the Department of 
Justice before any prosecution under this bill could be undertaken in 
Federal court.
  The ANTI-GANG Act also promotes the recruitment and retention of 
highly-qualified prosecutors and public defenders by establishing a 
student loan forgiveness program modeled after the current program for 
Federal employees. Almost a third of prosecutors' offices across the 
country have problems with recruiting or retaining staff attorneys, and 
low salaries were cited as the primary reason for recruitment and 
retention problems. This proposed loan forgiveness program is supported 
by the American Bar Association, the NDAA, the National Association of 
Prosecutor Coordinators, the National Legal Aid and Defender 
Association, and the American Council of Chief Defenders.
  The ANTI-GANG Act will effectively strengthen the ability of 
prosecutors at the local, State, and Federal level to prosecute violent 
street gangs, and it will give State and local governments the 
resources they need to protect witnesses and prevent youth from joining 
gangs in the first place. This bill achieves these important goals 
without increasing any mandatory minimum sentences, which conservative 
jurists such as Justice Anthony Kennedy have criticized as ``unfair, 
unjust, unwise.'' It also does not unnecessarily expand the Federal 
death penalty--a measure which has been included in other Federal gang 
legislation but is opposed by the Leadership Conference on Civil 
Rights, NAACP, ACLU, and National Association of Criminal Defense 
Lawyers.
  Finally, the Juvenile Justice and Delinquency Prevention Coalition 
has raised the following concerns regarding Federal gang legislation 
that would allow more juveniles to be prosecuted as adults in the 
Federal system: ``[T]he fact remains that transfer of youth to the 
adult system, simply put, is a failed public policy. Comprehensive 
national research on the practice of prosecuting youth in the adult 
system has shown conclusively that transferring youth to the adult 
criminal justice system does nothing to reduce crime and actually has 
the opposite effect. In fact, study after study has shown that youth 
transferred to the adult criminal justice system are more likely to re-
offend and to commit more serious crimes upon release than youth who 
were charged with similar offenses and had similar offense histories 
but remained in the juvenile justice system. Moreover, national data 
show that young people incarcerated with adults are five times as 
likely to report being a victim of rape, twice as likely to be beaten 
by staff and 50 percent more likely to be assaulted with a weapon than 
youth held in juvenile facilities. A Justice Department report also 
found that youth confined in adult facilities are nearly eight times 
more likely to commit suicide than youth in juvenile facilities.''
  In light of these concerns, the ANTI-GANG Act provides Congress with 
the necessary data to decide whether to expand the Federal role in 
prosecuting juvenile offenders, by requiring a comprehensive report on 
the current treatment of juveniles by the States and the capability of 
the Federal criminal justice system to take on these additional cases 
and house additional prisoners. The American Bar Association has 
written that this study is ``the more prudent course of action at this 
time.''
  The ANTI-GANG Act is a comprehensive, common-sense approach to fight 
gang violence. I urge my colleagues to join me in support of this 
important legislation.
  I ask unanimous consent that a summary of the bill be printed in the 
Record.
  There being no objection, the summary was ordered to be printed in 
the Record, as follows:

  The American Neighborhoods Taking the Initiative--Guarding Against 
                   Neighborhood Gangs (Anti-Gang) Act


                                Overview

       The American Neighborhoods Taking the Initiative--Guarding 
     Against Neighborhood Gangs (ANTI-GANG) Act of 2005 is a 
     comprehensive, tailored bill that will help State and local 
     prosecutors prevent, investigate, and prosecute gang crimes 
     in their neighborhoods. This bill contains four major 
     provisions:
       (1) It gives State and local prosecutors the tools they 
     need and have specifically requested of Congress to combat 
     violent gangs by authorizing $52.5 million for the 
     cooperative prevention, investigation, and prosecution of 
     gang crimes; $10 million for technology, equipment, and 
     training to identify gang members and violent offenders and 
     to maintain databases to facilitate coordination among law 
     enforcement and prosecutors; $60 million for the protection 
     of witnesses and victims of gang crimes; and $50 million for 
     grants to develop gang prevention, research, and intervention 
     services.
       2. It replaces the current provision on criminal street 
     gangs in Federal law, a seldom-used penalty enhancement, with 
     a stronger measure that criminalizes participation in 
     criminal street gangs, recruitment and retention of gang 
     members, and witness intimidation. The ANTI-GANG Act targets 
     gang violence and gang crimes in a logical, straightforward 
     manner.
       3. It will provide Congress with the necessary data to 
     decide whether to expand the federal role in prosecuting 
     juvenile offenders by requiring a comprehensive report on the 
     current treatment of juveniles by the States and the 
     capability of the Federal criminal justice system to take on 
     these additional cases and house additional prisoners.
       4. It promotes the recruitment and retention of highly-
     qualified prosecutors and public defenders by establishing a 
     student loan

[[Page S7528]]

     forgiveness program modeled after the current program for 
     Federal employees.
       The ANTI-GANG Act will effectively strengthen the ability 
     of prosecutors at the local, State, and Federal level to 
     prosecute violent street gangs, and it will give State and 
     local governments the resources they need to protect 
     witnesses and prevent kids from joining gangs in the first 
     place. This bill achieves these important goals without 
     increasing any mandatory minimum sentences, which 
     conservative jurists such as Justice Anthony Kennedy have 
     criticized as ``unfair, unjust, unwise''. It also respects 
     the traditional principles of federalism, by requiring 
     certification by the Department of Justice before any 
     prosecution under this bill may be undertaken in Federal 
     court and by not unnecessarily expanding the Federal death 
     penalty.


            SECTION-BY-SECTION SUMMARY OF THE ANTI-GANG ACT

     Title I--Criminal Street Gangs
       Sec. 101. Criminal Street Gamgs--Definitions. Defines a 
     criminal gang as a preexisting and ongoing entity, e.g. 
     having already committed crimes; targets violent criminal 
     street gangs by requiring that at least one predicate gang 
     crime be a violent gang crime; establishes evidentiary 
     relevance of gang symbolism in prosecutions; and allows 
     Federal prosecution of neighborhood gang activity when those 
     activities substantially affect interstate commerce.
       Sec. 102. Criminal Street Gangs--Prohibited Acts, 
     Penalties, and Forfeiture. Creates three new Federal crimes 
     to prosecute cases involving violent criminal street gangs. 
     1. It prohibits the recruitment and forced retention of gang 
     members, including harsher penalties if an adult recruits a 
     minor or prevents a minor from leaving a criminal street 
     gang. 2. It prohibits participation in a criminal street gang 
     if done with the intent to further criminal activities of the 
     gang or through the commission of a single predicate gang 
     crime. 3. It prohibits witness intimidation and tampering in 
     cases and investigations related to gang activity. Before the 
     Federal government may undertake a prosecution of these 
     offenses, the Department of Justice must certify that it has 
     consulted with State and local prosecutors before seeking an 
     indictment and that federal prosecution is ``in the public 
     interest and necessary to secure substantial justice.''
       Sec. 103. Clerical Amendments.
       Sec. 104. Conforming Amendments.
       Sec. 105. Designation of and Assistance for ``High 
     Intensity'' Interstate Gang Activity Areas. Requires the 
     Attorney General, after consultation with the governors of 
     appropriate States, to designate certain locations as ``high 
     intensity'' interstate gang activity areas (HIIGAAs) and 
     provide assistance in the form of criminal street gang 
     enforcement teams made up of local, State, and Federal law 
     enforcement authorities to investigate and prosecute criminal 
     street gangs in each designated area. The ANTI-GANG bill also 
     allows for HIIGAAs to be integrated with High Intensity 
     Interstate Drug Trafficking Areas (HIIDTAs), to avoid 
     conflicts and bureaucratic morasses in those areas where the 
     two entities would coexist. Subsection (c) authorizes funding 
     of $40 million for each fiscal year 2006 through 2010.
       Sec. 106. Gang Prevention Grants. Requires the Office of 
     Justice Programs of the Department of Justice to make grants 
     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 designed for gang members and at-risk 
     youth. Subsection (f) authorizes $50 million for each fiscal 
     year 2006 through 2010. No grant may exceed $1 million nor 
     last for any period longer than 2 years.
       Sec. 107. Gang Prevention Information Grants. Requires the 
     Office of Justice Programs of the Department of Justice to 
     make grants to States, units of local government, tribal 
     governments to fund technology, equipment, and training for 
     state and local sheriffs, police agencies, and prosecutor 
     offices 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. Subsection (f) authorizes $10 million for 
     each fiscal year 2006 through 2010. No grant may exceed $1 
     million nor last for any period longer than 2 years.
       Sec. 108. Enhancement of Project Safe Neighborhoods 
     Initiative to Improve Enforcement of Criminal Laws Against 
     Violent Gangs. Expands the Project Safe Neighborhood program 
     to require United States Attorneys to identify and prosecute 
     significant gangs within their district; to coordinate such 
     prosecutions among all local, State, and Federal law 
     enforcement agencies; and to coordinate criminal street gang 
     enforcement teams in designated ``high intensity'' interstate 
     gang activity areas. Subsection (b) authorizes the hiring of 
     94 additional Assistant United States Attorneys and funding 
     of $7.5 million for each fiscal year 2006 through 2010 to 
     carry out the provisions of this section.
       Sec. 109. Additional Resources Needed by the Federal Bureau 
     of Investigation to Investigate and Prosecute Violent 
     Criminal Street Gangs. Requires the Federal Bureau of 
     Investigation to increase funding for the Safe Streets 
     Program and to support the criminal street gang enforcement 
     teams in designated high intensity interstate gang activity 
     areas. Subsection (b) authorizes $5 million for each fiscal 
     year 2006 through 2010 to expand the FBI's Safe Streets 
     Program.
       Sec. 110. Expansion of Federal Witness Relocation and 
     Protection Program. Amends 18 U.S.C. 3521(a)(1), which 
     governs the Federal witness relocation and protection 
     program, to make clear that the Attorney General can provide 
     for the relocation and protection of witnesses in State gang, 
     drug, and homicide cases. Current law authorizes Federal 
     relocation and protection for witnesses in State cases 
     involving ``an organized criminal activity or other serious 
     offense.''
       Sec. 111. Grants to States and Local Prosecutors to Protect 
     Witnesses and Victims of Crime. Authorizes the Attorney 
     General to make grants available to State and local 
     prosecutors and the U.S. Attorney for the District of 
     Columbia for the purpose of providing short-term protection 
     to witnesses in cases involving an organized criminal 
     activity, criminal street gang, serious drug offense, 
     homicide, or other serious offense. State and local 
     prosecutors will have the option of either providing the 
     witness protection themselves or contracting with the United 
     States Marshals Service for use of the Federal witness 
     protection and relocation program. Subsection (d) authorizes 
     $60 million for each fiscal year 2006 through 2010 to fund 
     the program. By providing significantly increased resources 
     and flexibility for State and local prosecutors, this 
     provision responds in a meaningful way to the need for 
     effective witness protection emphasized by prosecutors during 
     the September 17, 2003, hearing in the Judiciary Committee.
       Sec. 112. Witness Protection Services. Amends 18 U.S.C. 
     3526 to allow States to obtain the temporary protection of 
     witnesses in State gang cases through the Federal witness 
     relocation and protection program, without any requirement of 
     reimbursement for those temporary services. Currently, 
     complex reimbursement procedures deter State and local 
     prosecutors from obtaining witness protection services from 
     the Federal government in emergency circumstances.
     Title II--Related Matters Involving Violent Crime Prosecution
       Sec. 201. Study on Expanding Federal Authority for Juvenile 
     Offenders. This section requires the General Accounting 
     Office to do a comprehensive report on the advantages and 
     disadvantages of increasing Federal authority for the 
     prosecution of 16- and 17-year-old offenders. Some have 
     proposed indicting and prosecuting more juveniles in Federal 
     courts as a step in combating gang violence. Although there 
     is insufficient data to support this proposition, it is 
     appropriate for the GAO to review the current treatment of 
     such offenders by the States and the capability of the 
     Federal criminal justice system to take on these additional 
     cases and house additional prisoners. With this review, 
     Congress can knowledgeably consider whether to expand the 
     Federal role in prosecuting juveniles.
       Sec. 202. Prosecutors and Defenders Incentive Act. This 
     section establishes a student loan repayment program for 
     prosecutors and public defenders that is modeled after the 
     program currently available to federal employees. This would 
     increase the ability of Federal, State, and local prosecutors 
     and public defenders to recruit and retain highly-qualified 
     attorneys. Attorneys in this program must agree to serve for 
     a minimum of three years. Participants can receive up to 
     $10,000 per year and a total of up to $60,000; these amounts 
     are identical to the limitations in the program for federal 
     employees. Subsection (h) authorizes $25 million for fiscal 
     year 2006 and such sums as may be necessary for each 
     succeeding fiscal year.
  Mr. LEAHY. Mr. President, I am pleased to co-sponsor the introduction 
of the ANTI-Gang Act with my good friends on the Judiciary Committee, 
Senators Durbin, Kennedy and Feingold.
  The American Neighborhoods Taking the Initiative-Guarding Against 
Neighborhood Gangs Act of 2005 is a bill carefully crafted to target 
violent criminal street gangs whose activities extend beyond the 
neighborhood and have a substantial impact on Federal interests.
  As a former county prosecutor, I have long expressed concern about 
making Federal crimes out of every offense that comes to the attention 
of Congress. I know that States have competent and able police 
departments, county sheriffs' offices, prosecutors and judges. Gangs 
are, more often than not, locally-based, geographically-oriented 
criminal associations, and our local communities are on the front lines 
of the fight against gang violence. We should be supplementing the work 
of our State and local law enforcement officers, not usurping them. 
This is why this bill specifically targets only those gangs where there 
is a provable Federal interest. This is why this bill requires 
consultation with our State and local counterparts before embarking on 
a Federal prosecution of historically State crimes. And this is why 
major provisions of the bill are directed toward helping State and 
local law enforcement officers prevent, investigate, and prosecute gang 
crimes in their own neighborhoods.

[[Page S7529]]

  There are four major sections of the bill: first, the bill gives 
State and local prosecutors financial resources to guard against 
neighborhood gangs by authorizing $62.5 million for the cooperative 
prevention, investigation, and prosecution of gang crimes; $50 million 
for grants to develop gang prevention, research, and intervention 
services; and $60 million for the protection of witnesses and victims 
of gang crimes. Federal funds are provided for hiring new Assistant 
U.S. Attorneys and to fund technology, equipment and training grants to 
increase accurate identification of gang members and violent offenders 
and to maintain databases with such information to facilitate state and 
federal coordination.
  The first defense in protecting our youth against gang influence is a 
good offense. I have long thought that programs aimed at combating gang 
activity must incorporate gang prevention and education--programs that 
would examine why our youth choose to associate in gangs and prey on 
others--to be effective. When Senator Hatch appropriately targeted gang 
violence as a subject for a full Judiciary Committee hearing in 2003, 
all agreed that we should be doing more to deter our youth from joining 
gangs in the first place. This bill heeds that call.
  Another unifying theme of the expert witnesses at the Committee's 
hearing was the serious need for Federal assistance in protecting 
witnesses who will provide information about and testify against gangs 
from intimidation. Our bill not only provides funding to help protect 
witnesses, it also makes it a Federal crime to intimidate witnesses in 
certain State prosecutions involving gang activity.
  Second, the bill defines a Federal criminal street gang by using 
well-established legal principles and providing recognizable limits. 
Rather than create yet another cumbersome and broad-reaching Federal 
crime that overlaps with numerous existing Federal statutes, this bill 
actually targets the problem that needs to be addressed: violent 
criminal street gangs. It recognizes that gangs are ongoing entities 
whose members commit crimes more easily simply because of their 
association with one another. Gangs prove the old adage: there is 
safety in numbers. Gang members can be sheep-like in their loyalty and 
allegiance to the gang. In this regard, the bill also explicitly and 
evenhandedly addresses the evidentiary significance of gang symbolism 
in gang prosecutions
  In addition to witness intimidation, other important crimes 
established by this bill include: 1. participation in criminal street 
gangs by any act that is intended to effect the criminal activities of 
the gang; 2. participation by committing a crime in furtherance of or 
for the benefit of the gang, and 3. recruitment and retention of gang 
members. There are increased penalties for those who target minors for 
recruitment in a criminal street gang.
  Third, the bill requires a comprehensive report on the current 
treatment of juveniles by the States, and the capability of the Federal 
criminal justice system to take on these additional cases and house 
additional prisoners, so that Congress can make an informed decision 
about whether or not to expand the Federal role in prosecuting juvenile 
offenders.
  Some have suggested that the Federal Government has been unable to 
proceed effectively against gang crime because of Federal law's 
protections for juvenile offenders. I have not seen sufficient evidence 
to support this claim, but I think that Congressional consideration of 
this issue would benefit greatly from a comprehensive General 
Accounting Office study on this topic. We need to know both whether 
justice would be served by increasing the Federal role, and whether the 
Federal system--including both our prosecutors and the Bureau of 
Prisons--is prepared for such a step.
  Fourth, the bill promotes the recruitment and retention of highly-
qualified State and local prosecutors and public defenders by 
establishing a student loan forgiveness program modeled after the 
current program for Federal employees.
  We have worked very hard in crafting this legislation not to further 
blur the lines between Federal and State law enforcement 
responsibilities or to add more burdens to the FBI as the primary 
Federal investigative agency. Federal law enforcement has been faced 
with a unique challenge since the September 11 attacks. The FBI is no 
longer just an enforcement agency, but also has a critical terrorism 
prevention mission. This mission is a daunting one, and our Federal law 
enforcement resources are not limitless. I, for one, do not want the 
FBI or U.S. Attorneys to focus these limited resources on cases that 
are best handled at the local level.
  Combating gang violence should not be a partisan battle. The tragedy 
of gang violence affects too many. No community can afford to lose a 
single youth to the arms of a waiting gang. No gang should be allowed 
to flourish without consequence in our communities. I urge the Senate's 
support for this important bill.
  Mr. KENNEDY. Mr. President, it's a privilege to join my colleagues 
Senator Durbin, Senator Leahy, and Senator Feingold in introducing this 
important legislation, the ANTI-GANG Act.
  Gang violence is a serious problem in many communities across the 
Nation, and it deserves a serious response by Congress. The keys to 
success include aggressive steps to take guns out of the hands of 
criminal gang members and other violent juvenile offenders, and 
effective prevention programs that discourage gang membership and 
provide realistic alternatives for at-risk youth.
  As one example of what works, I urge my colleagues to consider the 
innovative, cooperative crime-fighting strategy developed in Boston. It 
engaged the entire community, including police and probation officers, 
clergy and community leaders, and even gang members in a united effort 
to reduce gang violence, strengthen after-school prevention programs, 
and take guns out of the hands of juvenile offenders.
  The project also established new and effective channels of 
communication between the police and neighborhood leaders. This 
strategy was very successful--juvenile homicides dropped 80 percent 
from 1990 to 1995. It succeeded without prosecuting more juveniles as 
adults, without housing nonviolent juvenile offenders in adult 
facilities, and without spending large sums of money on new juvenile 
facilities.
  The Massachusetts Legislature's Joint Committee on Public Safety 
issued a report last January which concluded unequivocally that 
successful anti-gang programs depend on a ``wide variety of 
solutions.'' Relying on recommendations by the Office of Juvenile 
Justice and Delinquency Prevention, the report noted that ``preventing 
youth from joining gangs is the most cost-effective long-term 
strategy.'' Reflecting the input from an investigative hearing and a 
working group of ten mayors in metropolitan Boston, the report 
recognized that there is ``no silver bullet for combating gang 
violence.''
  It would be a mistake for Congress to ignore these successful efforts 
to stop gang violence. Since different communities may find different 
ways to combat these difficult issues, the bill does not adopt a one-
size-fits-all approach that will only make the current problem of gang 
violence worse. Instead of ignoring the primary role of State and local 
governments in fighting violent gang crimes in their communities, our 
ANTI-GANG Act strengthens that role, by giving local law enforcement 
and prosecutors the resources they need by authorizing $862 million in 
grants over the next 5 years.
  The provisions in the bill for witness relocation and protection are 
particularly important. Our bill meets this need by authorizing $60 
million in assistance. The urgency of preventing witness intimidation 
in gang-related cases can not be overstated. Effective prosecution of 
such violence depends upon it.
  In addition, our bill amends the current law on Federal witness 
relocation and protection to make clear that the Attorney General can 
use these provisions to protect witnesses in State gang, drug, and 
homicide cases. We also permit States to obtain the temporary 
protection of witnesses in gang cases, without any requirement of 
reimbursement. The current complex reimbursement procedures deter State 
and local prosecutors from obtaining assistance for witness protection 
from the Federal government, even in emergencies.
  The ANTI-GANG Act respects the primary role of State and local 
governments in fighting street crime, but it

[[Page S7530]]

also recognizes that violent gangs can have a substantial impact on 
Federal interests. According to the most recent National Drug Threat 
Assessment, criminal street gangs are responsible for the distribution 
of much of the cocaine, methamphetamine, heroin, and other illegal 
drugs being distributed in communities throughout the United States. 
Such gang activity interferes with lawful commerce and undermines the 
freedom and security of entire communities.
  The Act strengthens the ability of prosecutors at all levels--
Federal, State and local--to prosecute violent street gangs, and it 
does so without increasing mandatory minimum sentences or unnecessarily 
expanding the Federal death penalty to include State murder offenses.
  Finally, the Act encourages the recruitment and retention of highly-
qualified prosecutors and public defenders by establishing a student 
loan forgiveness program modeled on the current program for Federal 
employees. According to the National District Attorneys Association, 
this provision ``would allow prosecutors to relieve the crushing burden 
of student loans that now cause so many young attorneys to abandon 
public service.'' The provision is also strongly supported by the 
National Legal Aid and Defender Association and the American Council of 
Chief Defenders.
  I commend my colleagues for their leadership in developing this 
important legislation to protect American communities from gang 
violence without undermining fundamental principles of fairness and 
Federal-State relations. I urge the Senate to adopt this approach, and 
resist any suggestion that we need to federalize the State and local 
juvenile justice systems in our country.
  Mr. FEINGOLD. Mr. President, I am pleased to support the ANTI-GANG 
Act, introduced today by the Senator from Illinois, Senator Durbin. 
This critical legislation will provide State and Federal law 
enforcement with the tools and resources needed to successfully fight 
the expanding presence of violent gangs that bring drugs like 
methamphetamine into our communities.
  Time and time again, we in Congress have heard the call of 
prosecutors and law enforcement for more resources to combat the 
problem of gang violence. The ANTI-GANG Act gives local prosecutors and 
law enforcement what they have asked Congress for most--targeted 
financial assistance. The bill will help combat the growth and 
proliferation of violent gangs by authorizing funds for the cooperative 
prevention, investigation, and prosecution of gang crimes. In addition, 
grant money will be made available for the protection of witnesses and 
victims of gang violence. These funds will not be tied to restrictive 
formulas that would keep the majority of the assistance from reaching 
suburban and rural communities. This money will be able to go to the 
communities in Wisconsin and the rest of the country where rural and 
smaller law enforcement agencies are financially limited in their 
ability to deal with the exploding increase in gang violence associated 
with methamphetamines and other narcotics.
  The ANTI-GANG Act also promotes hiring and long-term service of 
highly qualified prosecutors and public defenders by establishing a 
student loan forgiveness program. Prosecuting gangs is some of the most 
demanding and challenging work a prosecutor will tackle. Loan 
forgiveness will allow the recruitment of the very best Assistant 
District Attorneys and Assistant Attorneys General and allow them to 
remain in public service longer so they can use their wealth of 
experience to combat gang violence.
  The ANTI-GANG Act also replaces the current Federal RICO statute, 
which was never intended to be used against violent street gangs, with 
a tough statute that not only criminalizes participation in criminal 
street gangs, but also addresses the serious problem of the recruitment 
and retention of gang members. The ANTI-GANG Act targets gang violence 
and gang crimes in a logical, straightforward manner. The bill also 
recognizes that the vast majority of gang investigations and 
prosecutions have been and will continue to be done at the State and 
local level. The bill requires that Federal prosecutors consult with 
State and local law enforcement and certify that a Federal prosecution 
is in the public interest
  Finally, the ANTI-GANG Act will provide Congress with the data 
necessary to decide whether to expand the Federal role in prosecuting 
juvenile offenders by requiring a comprehensive report on the current 
treatment of juveniles by the States and the capability of the Federal 
criminal justice system to take on more juvenile cases and to house 
additional young prisoners. Some have proposed indicting and 
prosecuting more juveniles in Federal courts as a way of combating gang 
violence. It is very hard to know whether this will work, and what 
effect if might have on the criminal justice system. With the review 
required by the ANTI-GANG Act, Congress can intelligently consider 
whether to expand to Federal role in prosecuting juveniles.
  We all know that the gang problem is a serious one, and that it is 
only getting worse. Other members of Congress have proposed different 
approaches to combating the gang problem, and the House of 
Representatives has passed its own gang bill. But the ANTI-GANG Act is 
the approach most responsive to the needs of State and local 
prosecutors who are on the ground fighting this problem, day in and 
day. Other approaches go down the wrong path.
  State and Federal prosecutors have not demanded unchecked and 
increased Federal jurisdiction over State crimes that diminishes the 
States' historic and primary role in fighting violent street gangs. 
They did not come to us seeking new and expanded Federal death penalty 
crimes, but rather effective laws that focus on the recruitment and 
retention of gang members. They never mentioned needing a massive and 
unwarranted reworking of the Federal rules used to prosecute juveniles 
as adults, regardless of whether the juvenile is in a gang or not. And, 
to my knowledge, no prosecutors have put increased mandatory minimums 
targeted at first offenders on their wish list. All of these approaches 
sound tough, but they aren't what prosecutors and law enforcement have 
asked for and they won't solve the gang problem.
  Our citizens should be able to send their children to school, use 
their parks, and walk their streets without fearing that gang violence 
will grow unfettered in their community. The ANTI-GANG Act is an 
important step towards making all of our neighborhoods safe. I am proud 
to cosponsor it and I urge my colleagues to support it.
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