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HR 3922 IH

To expand and improve Federal gang prevention programs.

October 22, 2007

Mr. BUCHANAN (for himself and Mr. KELLER of Florida) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To expand and improve Federal gang prevention programs.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Gang Reduction, Investment, and Prevention Act'.

(b) Table of Contents- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Designation of and assistance for high intensity gang activity areas.

Sec. 4. Gang prevention grants.

Sec. 5. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs.

Sec. 6. Additional resources needed by the Federal Bureau of Investigation to investigate and prosecute violent criminal street gangs.

Sec. 7. Grants to prosecutors and law enforcement to combat violent crime.

Sec. 8. Expansion and reauthorization of the mentoring initiative for system involved youth.

Sec. 9. Demonstration grants to encourage creative approaches to gang activity and after-school programs.

Sec. 10. Short-term State witness protection section.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Violent crime and drug trafficking are pervasive problems at the national, State, and local level.

(2) According to recent Federal data, sharp increases 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.

(3) State and local prosecutors, local law enforcement officers, and community leaders, in hearings before Congress and town hall meetings in congressional districts, have called on Congress to provide Federal investments to combat and prevent gang recruitments and crimes.

(4) 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 is critical to the successful prosecutions of criminal street gangs.

SEC. 3. 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 one or more States, which may consist of one 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 such local collaborative working group in each high intensity gang activity area; and

(F) provide all necessary funding for national and regional meetings of such 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 to the appropriate committees of Congress, the Director of the Office of Management and Budget, and the Domestic Policy Council a report 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 non-attorney 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, non-attorney 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 section. 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 one 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 the fiscal years 2009 through 2013. Any funds made available under this subsection shall remain available until expended.

SEC. 4. GANG PREVENTION GRANTS.

(a) Authority To Make Grants- The Attorney General of the United States, through 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, as specified by the Attorney General, to develop community-based programs that provide crime prevention, research, and intervention services that are designed for gang members and at-risk youth.

(b) Application- To be eligible to receive a grant under subsection (a), a State, unit of local government, tribal government, or qualified private entity shall submit to the Attorney General an application at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.

(c) 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.

(d) Grant Requirements-

(1) MAXIMUM- The amount of a grant under this section may not exceed $1,000,000.

(2) CONSULTATION AND COOPERATION- To be eligible to receive a grant under this section an entity shall have in effect as of the date of the application submitted by the entity under subsection (b) 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.

(e) Annual Report- Each recipient of a grant under this section shall submit to the Attorney General, for each year in which funds from the grant are expended, a report containing--

(1) a summary of the activities carried out with such funds during the year;

(2) an assessment of the effectiveness of the crime prevention, research, and intervention activities of the recipient, based on data collected by the recipient;

(3) a strategic plan for the use of grant funds under this section during 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 (c); and

(5) such other information as the Attorney General may require.

(f) Definition- In this section, the term `units of local government' includes sheriffs departments, police departments, and local prosecutor offices.

(g) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $35,000,000 for each of the fiscal years 2009 through 2013.

SEC. 5. 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 the United States, the Attorney General is authorized to expand the Project Safe Neighborhoods program to require each United States attorney to--

(1) identify, investigate, and prosecute criminal street gangs, as defined in section 521(a) of title 18, United States Code, operating within their district; and

(2) coordinate the identification, investigation, and prosecution of such 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 agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives for, and otherwise expend additional resources in support of, the Bureau's Project Safe Neighborhoods/Firearms Violence Reduction program.

(c) 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 section. Any funds made available under this subsection shall remain available until expended.

SEC. 6. 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 described in section 3(b)(2)(A)(i).

(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 information on gangs to law enforcement agencies throughout the country and, subject to appropriate controls, to disseminate aggregate statistical information on such gangs 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 gang members throughout the region;

(iii) coordinate law enforcement response to gang-related violence;

(iv) enhance officer safety;

(v) provide realistic, up-to-date figures and statistical data on gang-related crime and violence;

(vi) forecast trends in such crime and violence and respond accordingly; and

(vii) more easily solve such crimes and prevent such 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 the fiscal years 2009 through 2013 to carry out this section.

(2) AVAILABILITY- Any amounts appropriated under paragraph (1) shall remain available until expended.

SEC. 7. 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. 8. 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 the fiscal years 2009 through 2013.'.

SEC. 9. 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- For purposes of subsection (a), innovative approaches 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 by 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 referred to in 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 such criteria;

(B) agrees to submit to the Attorney General reports describing the results of such evaluations, as the Attorney General determines to be appropriate; and

(C) submits to the Attorney General, in the application required by subsection (e), a plan for conducting such evaluations.

(e) Application for Grant- To request a grant under this section, a public or nonprofit private entity desiring shall submit an application in such form, in such manner, and containing such agreements, assurances, and information (including the agreements required by subsections (c) and (d) and the plan required by 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 innovative approaches referred to in subsection (a) have been successful in reducing the rate of gang activity in the communities in which such approaches were carried out. Each report submitted under this subsection shall describe each such innovative approaches used under subsection (a) and the effectiveness of such approach.

(g) Authorization of Appropriations- There is authorized to be appropriated $5,000,000 to carry out this section for each of the fiscal years 2009 through 2013.

SEC. 10. 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 the 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- To be eligible to receive a grant under this subsection a prosecutor's office shall submit to the Attorney General an application at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require in addition to the information described in subparagraph (B).

(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 $10,000,000 for each of the fiscal years 2009 through 2013.