[Congressional Record Volume 153, Number 52 (Monday, March 26, 2007)]
[Senate]
[Pages S3752-S3758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      BY Mr. MENENDEZ (for himself and Mr. Lautenberg):
  S. 990. A bill to fight criminal gangs; to the Committee on the 
Judiciary.
  Mr. MENDENEZ. Mr. President, today, all across America, organized 
criminal gangs plague our communities, destroying the lives of 
thousands of young children and adults each and every year. 
Unfortunately, this plague is currently not being treated effectively, 
and as a result has grown in size and power in almost every State in 
the Nation. In order to effectively counter this growing threat, we 
cannot continue to believe it is only a State and local issue that 
predominantly occurs in highly urbanized areas. Instead, we must 
recognize that it has escalated into a national issue--reaching small 
rural towns, suburban areas, and big cities alike--and affecting our 
country as a whole.
  In light of this, it is clear that we must recalibrate our efforts 
and--in addition to our local initiatives--comprehensively confront 
gang violence at the national level. That is why I rise today, along 
with my colleague, Senator Lautenberg, to introduce the Fighting Gangs 
and Empowering Youth Act of 2007.
  Combining the efforts of Federal, State, and local agencies, this 
legislation would utilize a multi-pronged approach in order to 
comprehensively deal with all aspects of gang violence. From rigorously 
enforcing and appropriately sentencing criminal acts, to exposing and 
eliminating the root causes of gang pervasiveness, this bill would 
simultaneously deter gang violence while proactively targeting the 
sources that have led to its expanding prevalence.
  Like most of the problems we face as a society, gang violence can 
most effectively be handled by addressing its root causes. In order to 
grow in size and power, gangs need a large, self-replenishing pool of 
recruits to draw upon. They prey on areas that suffer from high dropout 
rates, crippling poverty, and rampant unemployment--areas where hope is 
often in short supply. All

[[Page S3758]]

too often children who live in these areas are caught in a tragic web 
of gang violence simply because they can envision no other alternative.
  It is in these circumstances, where a 15-year-old child sees life in 
a gang as not just their best option, but often their only option--that 
gang membership thrives. It is in these circumstances, where children 
do not anticipate living to celebrate their 30th birthday--that gangs 
flourish. Not only does this environment destroy the life of the 
individual recruited--it also serves to strengthen the gang, further 
reinforcing a vicious cycle.
  Thus, any effort undertaken to combat gang violence must address the 
environment that transforms promising, young adolescents into ruthless 
tools of a criminal enterprise. While we will probably never be able to 
completely eliminate all acts of violence from our society, there is 
much we can do to instill in our children the skills they need to 
pursue a law abiding life. To this end, my legislation would authorize 
funds for afterschool and community-based programs designed to 
economically empower young people. Disadvantaged students will be given 
the opportunity to realize their potential, through tutoring, 
mentoring, and job training programs as well as college preparation 
classes and tuition assistance. Additionally, millions of dollars would 
be authorized to enhance and expand anti-gang and anti-violence 
programs in elementary and secondary schools, ensuring that students 
can focus solely on learning, without having to be concerned for their 
personal safety. By providing ``at-risk'' youth with the resources and 
opportunities necessary to succeed in life, they will be far less 
susceptible to the pressures to join a criminal gang.
  This bill would also attack one of the roots of gang violence--gang 
recruiters, who seek out young, economically disadvantaged, at-risk 
youth and pressure them to join. Currently, there is no Federal law 
specifically forbidding gang recruitment. This legislation would change 
that--making it illegal for a gang member to solicit or recruit others 
into a gang--and would incarcerate an offender for up to 10 years if 
the person being recruited was 18 or older, or up to 20 years if the 
individual was under the age of 18. This provision would effectively 
target the kingpins of gangs, who cowardly order younger members to do 
their violent bidding, callously sacrificing their lives like pawns on 
a chessboard.
  For those who have made wrong choices in life, but are still capable 
of rehabilitation, this bill would expand adult and juvenile offender 
reentry demonstration projects to help with post-release and 
transitional housing, while promoting programs that hire former 
prisoners, and establish reentry planning procedures within 
communities. To be eligible for early release, prisoners with drug 
addictions would be required to participate in treatment programs both 
while they are imprisoned as well as during their transition period 
back into society. All offenders would be encouraged to participate in 
educational initiatives such as job training, GED preparation, and a 
myriad of other programs designed to provide offenders with the skills 
necessary to become legally employed when they are released from 
prison. By providing such individuals with an alternative choice to a 
life of crime, lives can be transformed and recidivism rates amongst 
ex-convicts will be reduced.
  In addition to programs focused on gang violence prevention, we must 
provide law enforcement officials at every level of government with all 
of the tools and resources necessary for them to safely and effectively 
protect and serve their communities. All too often these heroic 
officers are caught in the crossfire of gang violence, and all too 
often they make the ultimate sacrifice so that others may live.
  One tragic example involves the late Detective Kiernan Shields from 
East Orange, New Jersey. Detective Shields was a rising star in the 
East Orange Police Department, living his lifelong dream of serving his 
community as an officer of the peace. He was a devoted, loving husband 
and proud father of three children, who was remembered by his peers and 
colleagues not just as a multi-talented person with a great sense of 
humor, but as the epitome of a role model in an area that desperately 
needed one. Unfortunately, New Jersey lost one of its bravest and 
finest sons on the evening of August 7, 2006, when Detective Shields 
was ruthlessly shot-gunned to death by a reputed member of the 
Bloods gang, as he valiantly ran toward the sound of echoing gunfire--
Ran toward the gunfire.

  This single act of heroism is consistent with the way police officers 
across this Nation live their daily lives. These are the people who are 
fighting day in and day out to keep our communities safe. The best way 
to honor the victims of gang violence and those who are still fighting 
it is to fully commit ourselves to eradicating this cancer.
  To assist our frontline warriors in their daily struggle against gang 
violence, my proposal would provide law enforcement officials on every 
level of government with the resources and information they need to 
accurately track and effectively neutralize criminal gangs. 
Specifically, this legislation would establish a program similar to the 
current Community Oriented Policing Services (COPS) program to augment 
the number of police officers combating gangs in our local communities, 
and would authorize $700 million annually for it. Additional funds 
would be used to provide more forensic examiners to investigate, and 
more attorneys to prosecute, gang crimes. These measures would show 
that we pay homage not just with our words, but more importantly, with 
our actions, as we recognize the heroic deeds performed by law 
enforcement officials every single day.
  As is true with almost all problems, a better understanding of how 
gangs operate translates into a better understanding of how best to 
counter them. That is why this bill would authorize additional funding 
for the National Youth Gang Survey to increase the number of law 
enforcement agencies whose data is collected and included in the annual 
survey and provide money to upgrade technology to better identify gang 
members and include them in the National Gang Database. Additionally, 
this legislation would expand the Uniform Crime Reports (UCRs) to 
include local gang and other crime statistics from the municipal level, 
while also requiring the Attorney General to distinguish those crimes 
committed by juveniles. The bill also requires consolidation and 
standardization of criminal databases, enabling law enforcement all 
across the country to better share information.
  For those who still choose a life of crime, this proposal would 
increase the penalties for crimes committed in the furtherance of a 
gang. Gangs are dependent on committing crimes such as witness 
intimidation, illegal firearm possession, and drug trafficking--
implementing these violent instruments to augment their power. 
Subsequently, when these crimes are committed in the furtherance of 
gang activity, they can be more detrimental to society than if they 
were committed in isolation. Thus, these tougher sentencing 
requirements for crimes committed in the furtherance of a gang are not 
only appropriate, but necessary to deter gang violence and shield 
society from its most dangerous and unremorseful criminals.
  Taken together, the provisions of this bill develop a comprehensive 
approach to gang violence by focusing on prevention, deterrence, and 
enforcement. Failure to address all of these gang violence catalysts in 
their entirety would leave us with an incomprehensive approach that 
would do little to quell the scourge of gang violence. Therefore, I 
urge my colleagues to support the Fighting Gangs and Empowering Youth 
Act, and by doing so, give law enforcement and our communities the 
means to thoroughly and comprehensively counter the growing specter of 
gang violence that afflicts our great Nation.

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