mr. speaker , i yield myself such time as i may consume . 
what shocks me is that we have people who get up and talk about the importance of supporting our local law enforcement officials , and at the same time , we are supporting budgets that cut money to our local law enforcement agencies . 
mr. speaker , i include for the record a letter from the national council of la raza opposing this bill . 
i also include for the record a statement that has been signed by the american bar association , the american civil liberties union , chamber of commerce of the united states , the children 's defense fund , the commission on social action of reform judaism , leadership conference on civil rights , the national urban league , murder victims ' families for human rights , the naacp , the national federation of independent business , and the united states conference on catholic bishops , all in opposition to this legislation . 
i also include for the record , mr. speaker , a letter that has been signed by the president of catholic charities usa , also opposed to this legislation . 
and i include for the record , so that it is there , the 16 amendments that the majority of the committee on rules decided to not make in order today on this important legislation . 
national council of la raza , washington , dc , may 9 , 2005 . 
dear member of congress : on behalf of the national council of la raza ( nclr ) , the largest national latino civil rights organization in the u.s. , i urge you to oppose provisions contained in the `` gang deterrence and community protection act of 2005 '' ( h.r. 1279 ) which is on the suspension calendar this week . 
please be advised that nclr will recommend that votes relevant to the latino community and final passage of the bill be included in the national hispanic leadership agenda congressional scorecard . 
the latino community is directly affected by gang violence , consequently nclr is committed to finding a solution to combat it ; however , the approach in h.r. 1279 is ineffective , irresponsible and simplistic , given that it does nothing to get to the root causes of the problem , and it further exacerbate youth violent behavior . 
h.r. 1279 will if enacted into law , would have a disparate impact on latino youth and their families . 
this bill would undermine overa11 public safety , given that it imposes excessively severe measures aimed at only punishing and not reforming youth violent behavior . 
specifically , nclr strongly opposes two provisions -- the prosecution and transfer of youth into the adult system and the inclusion of various mandatory minimum sentences for a broad category of offenses that are labeled `` gang crimes '' and numerous other offenses . 
section 115 of the bill allows for the prosecution and transfer of youth into the adult system . 
the latest research shows that transferring youth to adult status is a failed public policy approach , resulting in the opposite of what this bill is purporting to do . 
it will increase -- not decrease -- youth violence . 
the research shows that young people prosecuted as adults , compared to those prosecuted as juveniles , are more likely to : ( a ) commit a greater number of crimes upon release ; ( b ) commit more violent crimes upon release ; and ( c ) commit crimes sooner upon release . 
the research also shows that youth held in adult facilities , compared to youth held in juvenile facilities , are five times as likely to be sexually assaulted by other inmates , twice as likely to be beaten by staff , 50 % more likely to be assaulted with a weapon , and eight times as likely to commit suicide . 
with these kinds of risks , it does not make sense for the house to pursue legislation that includes the power to prosecute juveniles as adults in federal court for activities that the states are already well-equipped -- indeed , better-equipped -- to handle than the federal system . 
also , putting the transfer decision at the sole discretion of a prosecutor , not a judge as the law currently requires , violates the most basic principles of due process and fairness . 
section 103 of the bill includes and expands mandatory minimum sentences for a broad category of offenses that are deemed `` gang crime. '' under this bill , the mandatory minimum sentences for these crimes range : from 5 to 30 years . 
although the offenses are serious and individuals who are convicted should be properly held accountable , mandatory sentences often prevent judges from determining the appropriate punishment . 
when judges are restricted by mandatory sentences , they can not assess an individua1s culpability during the crime or other factors that have bearing on recidivism , thus resulting in inappropriate sentences . 
although mandatory minimums were intended to reduce the racial disparities that were associated with indeterminate sentencing , in practice they exacerbate and mask such disparities by shifting discretion from the judge to the prosecutor . 
prosecutors retain the power to plea bargain by offering defendants plea agreements that avoid the mandatory penalty . 
studies have shown that this discretion results in a disparity in sentencing outcomes based largely on race and quality of defense attorney . 
according to testimony from the u.s. sentencing commission , in 1999 , 39 % of those receiving mandatory sentences were hispanic , 38 % were african american , and 23 % were white . 
hipanics comprised 44 % of those subject to five-year mandatory sentences in 1999 , 37 % of the ten-year mandatory sentences , 20 % of the 20-year mandatory sentences , and 8 % of the mandatory life sentences . 
the reality for african american defendants is even bleaker . 
nclr respectfully asks you to oppose legislation that prosecutes and transfers youth into the adult system and that includes and expands mandatory minimum sentences . 
these provisions will only exacerbate youth violent behavior , at a time when data from the fbi 's uniform crime reporting program that breaks down the age of people arrested for serious offenses in 2003 showed that the number of people under 18 arrested declined by 30 % . 
instead , nclr calls for a comprehensive research -- based approach that gets at the root causes of youth violence -- which includes but is not limited to prevention , treatment , and effective alternatives to incarceration . 
if you have any questions please contact angela arboleda , nclr civil rights policy analyst , at ( 202 ) 776-1789 . 
sincerely , janet murguia , june 2 , 2004 . 
dear mr . 
chairman : we write to express our strong concern about the unintended consequences that will result from section 206 of the gang prevention and effective deterrence act of 2003 -- s. 1735 . 
although section 206 has been removed from the bill by amendment , we understand discussions are underway to reinsert it . 
section 206 would change the general definition of a crime of violence to require only a `` substantial risk of ... .. 
injury to a person or property , '' and not physical force . 
violence , however , is commonly defined as physical force . 
thus , removing the `` physical force '' requirement from crimes of violence undermines the purpose of having a special category of heinous crimes . 
moreover , this new definition would broaden crimes of violence to include a number of regulatory violations targeted at businesses . 
for example , felony violations of environmental statutes , such as the clean water act , clean air act , and resource conservation and recovery act , which criminalize violations of both statutory and regulatory requirements , could be deemed crimes of violence . 
in many cases , these violations are `` technical '' in nature , including recordkeeping , reporting , training , etc , and have very low criminal intent standards . 
with a mere `` knowing '' violation -- which requires neither knowledge by the defendant of the underlying regulations or the law nor an intention to violate the law -- a business and its officers and employees are this designation serves as a trigger for a host of consequences , including longer sentences under the federal sentencing guidelines , and a doubling of the statute of limitations . 
the current statute of limitations for all environmental crimes is five years from the date the violation occurred . 
as a crime of violence , the statute of limitations would be the greater of either ten years from the occurrence or eight years from discovery of the alleged violation . 
in addition , conviction of any crime that is labeled a `` crime of violence '' under this proposed statute brings deportation without right of appeal for legal immigrants working for a company , and potential federal money laundering charges , which can result in substantial asset forfeiture . 
while we certainly recognize that these consequences were not the intent of this legislation , this provision could have an unjust impact on business . 
we ask that you give serious consideration our concerns as you continue to work on this issue . 
thank you for your attention to this very important matter . 
sincerely , chamber of commerce of the united states . 
association of oil pipe lines . 
national petrochemical & amp ; refiners association . 
national association of manufacturers . 
interstate natural gas association of america . 
business civil liberties , inc . 
american chemistry council . 
no . 
25 capuano/weiner : the amendment reauthorizes the community oriented policing services ( cops ) program for fy2006-fy2008 . 
no . 
26 crowley : the amendment requires that the purchase of firearms , ammunition and explosives to be made in person and requires records to be kept on how the purchases were made . 
no . 
23 jackson lee : the amendment would make it illegal to transfer a firearm to any individual that the federal government has designated as a suspected or known gang member or terrorist . 
it also establishes a system that would assist any individual who is wrongly included on such a list to have his or her name removed . 
no . 
24 jackson lee/scott/delahunt/waters : the amendment strikes the section of the bill that allows the attorney general to charge as adults those juveniles who commit violent crimes and are at least 16 years old . 
no . 
15 eddie bernice johnson : the amendment establishes funding for prevention and intervention programs for the suppression of youth and gang violence . 
no . 
2 schiff/cardoza/watson/linda sanchez : the amendment authorizes the expansion and enhancement of law enforcement and community-based prevention and intervention programs targeting criminal street gangs , gang members , and at-risk youth . 
no . 
21 waters : the amendment creates a `` gang exit program '' to facilitate the re-entry of ex-gang members into society . 
this program would provide relocation programs , educational programs , special student loans , and housing to ex-gang members . 
no . 
14 davis ( il ) : the amendment strikes the provision in the bill that calls for a minimum mandatory 10 year jail term . 
no . 
12 davis ( il ) : this amendment would strike section 110 and preserve language in current law regarding venue in capital cases . 
no . 
13 davis ( il ) : the amendment strikes the section of the bill that gives the attorney general the discretion to charge as adults juveniles who commit violent crimes and are at least 16 years old . 
no . 
22 jackson lee : the amendment clarifies that the defendant , and not just a member of the gang , must have committed criminal activity related to the capital case in the jurisdiction where the prosecutor seeks to bring the charge . 
no . 
16 eddie bernice johnson : the amendment establishes funding for regional databases that track gang activity in high intensity gang areas . 
these databases contain critical information on gangs , gang members , firearms , criminal activities and histories , vehicles , and other fields of information necessary to investigators in solving gang related crimes . 
no . 
7 scott : the amendment makes application of the death penalty under the bill contingent upon appropriation of the authorized levels to protect innocence under title iv of the `` justice for all act of 2004. '' no . 
8 scott : the amendment restricts the application of the death penalty to intentional acts of the defendant . 
no . 
9 scott : the amendment strikes section 115 , which gives the attorney general authority to prosecute certain juveniles without court assessment or review . 
no . 
10 scott : the amendment uses the $ 57.5 million authorized in the bill for 94 new u.s. attorneys to go , instead , to local law enforcement to prevent and reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles . 
no . 
11 scott : the amendment modifies the definition of a `` gang crime '' so that only the more serious violent offenses are included . 
may 6 , 2005 . 
dear representative : on behalf of the united states conference of catholic bishops and catholic charities usa , we urge you to oppose provisions in h.r. 1279 , gang deterrence and community protection act of 2005 , the ( gang bill ) that would expand the use of the death penalty , treat juveniles as adults and impose mandatory minimum sentences . 
first , we strongly oppose any provision in the bill that would expand the use of the death penalty . 
as you may be aware , the bishops of the united states oppose the use of the death penalty . 
catholic teaching on capital punishment is clear , `` if bloodless means are sufficient to defend human lives against an aggressor and to protect public order and the safety of persons , public authority should limit itself to such means , because they better correspond to the concrete conditions of the common good and are more in conformity to the dignity of the human person '' ( catechism of the catholic church ) . 
secondly , we urge you to eliminate any provisions in the legislation that would result in the expanded `` transfer '' or `` waiver '' of youth to the adult criminal system and/or placing an additional number of youth in adult correctional facilities . 
while there is no question that violent and dangerous youth need to be confined for our safety and theirs , we can not support provisions that treat children as though they are equal to adults . 
as we stated in our 2000 pastoral statement on criminal justice , we believe that placing juveniles in the adult court system is not a solution to reducing gang activity . 
we bishops can not support policies that treat young offenders as though they are adults . 
the actions of the most violent youth leave us shocked and frightened and therefore they should be removed from society until they are no longer dangerous . 
but society must never respond to children who have committed crimes as though they are somehow equal to adults -- fully formed in conscience and fully aware of their actions . 
placing children in adult jails is a sign of failure , not a solution . 
( responsibility , rehabilitation , and restoration : a catholic perspective on crime and criminal justice , november 15 , 2000 ) . 
additionally , removing youth from state juvenile justice systems greatly reduces their chances of receiving necessary treatment and intervention programs . 
unlike state systems around the country , the federal system does not have any specialized programs or facilities to accommodate young people or to a address the root problems , such as abuse , that these children are experiencing at home or on the streets . 
this emphasis on swift punishment rather than effective treatment and intervention demonstrates a fundamental misunderstanding of the street gang culture and is tantamount to giving up on our children -- something that our faith tradition teaches we should never do . 
rather , we believe the challenge as responsible adults is to create a fairer and finally , we urge you to oppose language in the bill that includes and expands mandatory minimum sentences for a broad category of offenses that are deemed gang crime . 
in the gang bill , the mandatory minimum sentences for gang related crimes range from five to thirty years . 
although the offenses are serious and individuals who are convicted ought to be properly held accountable , rigid sentencing formulations could prevent judges from properly assessing an individual 's culpability during the crime or other factors that have bearing on recidivism , thus sometimes resulting in harsh and inappropriate sentences . 
from our experience , arbitrarily expanding mandatory minimum sentences does nothing to deter youth gang violence and we urge you to oppose any such provisions . 
thank you for your consideration of this very important issue . 
should you have any questions or comments , please do not hesitate to contact mr. andrew rivas in our office of social development and world peace , 202-541-3190 , arivas @ usccb.org , or ms. lucreda cobbs at catholic charities usa , 703-549-1390 , lcobbs @ catholiccharitiesusa.org . 
with every good wish , we are faithfully yours , & lt ; center & gt ; most reverend nicholas dimarzio , & lt ; /center & gt ; & lt ; center & gt ; & lt ; em & gt ; diocese of brooklyn , chairman , domestic policy committee , united states conference of catholic bishops. & lt ; /em & gt ; & lt ; center & gt ; rev . 
larry snyder , & lt ; /center & gt ; & lt ; center & gt ; & lt ; em & gt ; president , catholic charities usa. & lt ; /em & gt ; american civil liberties union , washington , dc , may 9 , 2005 . 
dear representative : oppose the ineffective policies proposed in h.r. 1279 , the gang deterrence and community protection act of 2005 . 
representative randy forbes ( r-va ) has introduced h.r. 1279 , the gang deterrence and community protection act of 2005 ( `` gang bill '' ) . 
the gang bill could subject innocent people to the death penalty , creates numerous discriminatory mandatory minimum sentences , could result in wrongfully convictions based on unreliable evidence , and creates more serious juvenile offenders by incarcerating children in adult prisons . 
h.r. 1279 is scheduled for a vote on the house boor on wednesday , may 11 , 2005 , we strongly urge you to oppose this legislation . 
congress should not expand the federal death penalty until it ensures innocent people are not on death row . 
expansion of the federal death penalty undermines the very reforms that were enacted in last year 's justice for all act ( p.l . 
108-405 ) , which addressed some systemic problems with the federal death penalty . 
h.r. 1279 would create several new offenses and make them punishable by the death penalty as well as increase the penalty for several existing federal offenses to the possibility of a death sentence . 
the death penalty is in need of reform , not expansion . 
according to the death penalty information center , 119 prisoners on death row have now been exonerated . 
chronic problems , including inadequate defense counsel and racial disparities , plague the death penalty system in the united states . 
the expansion of the death penalty potential for gang crimes creates an opportunity for more arbitrary application of the death penalty . 
states continue to address the systemic problems with the administration of the death penalty by implementing reform and moratorium efforts , while the federal government , in h.r. 1279 , is moving to expand the death penalty in lieu of enacting or implementing reforms on the federal level . 
in addition to expanding the number of federal death penalty crimes , section 110 of the bill expands venue in capital cases to the point that any location even tangentially related to the crime could be the site of a trial . 
studies of the federal death penalty show that a person prosecuted in texas is much more likely to be charged , tried and sentenced to death in a capital case than a person who is prosecuted for the same crime in massachusetts . 
this bill will exacerbate these geographic inequities that exist in the federal death penalty system . 
the wide range of discretion in both what to charge and where to bring the charge will give prosecutors tremendous latitude to forum shop . 
this broad discretion will increase the racial and geographic disparities already at play in the federal death penalty . 
people could be convicted of a `` gang '' crime even if they are not members of a gang . 
this bill would impose severe penalties for a collective group of three or more people who commit `` gang '' crimes . 
even more disconcerting is that a person could receive the death penalty for the illegal participation in what would be considered a `` criminal street gang '' while having no idea or intention of being a part of a so-called `` gang. '' h.r. 1279 revises the already broad definition of `` criminal street gang '' to an even more ambiguous standard of a formal or informal group or association of three ( 3 ) or more people who commit two ( 2 ) or more `` gang '' crimes . 
the number of people required to form a gang decreases from five ( 5 ) people in an ongoing group under current law to three ( 3 ) people who could just be associates or casual acquaintances under this proposed legislation . 
under the gang bill a `` continuing series '' of crimes does not have to be established to charge a person with a gang crime . 
presently , the government has to establish that criminal street gangs engaged `` within the past five ( 5 ) years in a continuing series of offenses. '' the continuing series of offenses under current law is essential to preserving the concept of gang activity that the law is trying to target , i.e . 
criminal activity that has some type of connection to a tight knit group of people . 
this broader definition of gang crime in h.r. 1279 would result in people being convicted of `` gang '' crimes that are neither ongoing in nature nor connected to each other , and could occur 10 , 15 or 20 years apart . 
h.r. 1279 further erodes federal judges ' sentencing discretion by proposing harsher mandatory minimum sentences . 
this legislation further erodes the sentencing discretion of judges by imposing mandatory minimums that would result in unfair and discriminatory prison sentences . 
many of the enhanced gang penalties in this bill are mandatory minimum sentences or death . 
mandatory minimum sentences deprive judges of the ability to impose sentences that fit the particular offense and offender . 
although in theory mandatory minimums were created to address disparate sentences that resulted from indeterminate sentencing systems , in reality they shift discretion from the judge to the prosecutor . 
prosecutors hold all the power over whether a defendant gets a plea bargain in order h.r. 1279 jeopardizes a person 's right to a fair trial and creates the possibility that innocent people would be held for long periods of time prior to a trial . 
innocent people could be convicted of crimes they did not commit if the statute of limitations is extended as proposed in this legislation . 
the gang bill proposes to extend the statute of limitations for non-capital crimes of violence . 
generally , the statute of limitations for non-capital federal crimes is five ( 5 ) years after the offense is committed . 
this bill would extend that limitation for crimes of violence to 15 years after the offense was committed or the continuing offense was completed . 
for example , if a violent crime was committed in 2005 , but a person was not indicted until 2020 , that individual could be charged with a crime 15 years later . 
in 2020 , 15 years after the crime , alibi witnesses could have disappeared or died , other witnesses ' memories would have faded and evidence may be unreliable . 
the use of questionable evidence could affect a person 's ability to defend themselves against charges and to receive a fair trial . 
shifting the burden of proof for pretrial detention in some cases involving guns could result in serious injustices and interfere with an accused person 's defense . 
this legislation would create a rebuttal presumption against bail for people accused of certain firearms offenses during the commission of serious drug crimes . 
a person who is presumed innocent and has not been found guilty of any crime could be held for months or years without the government having made any showing that he or she is dangerous or a flight risk . 
making it more difficult for an accused person to be released on bail prior to trial hinders a defendant 's ability to assist their defense lawyer with investigating the facts of the case and preparing their defense . 
children would be put in federal prison with little opportunity for education or rehabilitation . 
under the gangs bill , more children will become hardened criminals after being tried in federal court and incarcerated in adult prisons . 
currently under federal law , when the government recommends trying a juvenile as an adult in federal court various factors must be considered by the court before deciding whether the criminal prosecution of a young person is in the interest of justice . 
these factors include the age , social background , and the intellectual development and psychological maturity of the child . 
h.r. 1279 would give the prosecutor the discretion to determine when to try a young person in federal court as an adult , if the juvenile is 16 years of age or older and commits a crime of violence . 
the decision by a prosecutor to try a juvenile as an adult can not be reviewed by a judge under this legislation . 
this unreviewable process of transferring youth to adult federal court is particularly troubling when juveniles are not routinely prosecuted in the federal system and there are no resources or facilities to address the needs of youth . 
the federal government should continue to let states deal with juveniles in their family court systems that were created to address the needs and provide services to young people . 
furthermore , a 1996 study showed that youth transferred to adult court in florida were a third more likely to reoffend than those sent to the juvenile justice system for the same crime and with similar prior records . 
of the youth in this study who committed new crimes , those while efforts to address gang crime are very important to maintaining public safety , this legislation proposes to confront crime at the expense of the right to a fair trial , at the risk of convicting innocent people and unnecessary exposure to the death penalty . 
h.r. 1279 will not solve the problem of gang crime in this country , thus members should oppose this bill when the house of representatives votes on wednesday , may 11 , 2005 . 
sincerely , & lt ; center & gt ; greg nojeim , & lt ; /center & gt ; & lt ; center & gt ; & lt ; em & gt ; acting director. & lt ; /em & gt ; & lt ; center & gt ; jesselyn mccurdy , & lt ; /center & gt ; & lt ; center & gt ; & lt ; em & gt ; legislative counsel. & lt ; /em & gt ; vote wednesday , may 11 -- oppose hr . 
1279 `` the gang deterrence and community protection act , '' ineffective and costly federal intrusion in state law enforcement h.r. 1279 would federalize all state felonies if related to a `` criminal street gang '' and a host of state violent offenses ( whether or not gang-related ) , thereby significantly expanding the current list of over 4 , 000 federal crimes ( according to a recent federalist society report ) . 
traditional state jurisdiction over juvenile matters also would be undermined . 
this approach will skew traditional federal law enforcement priorities , undercut the superior efforts of the states to deal with violent crimes and juvenile offenders , and may exceed constitutional limits on federal power . 
even the conservative heritage foundation , in recent testimony to congress , recommended enforcing existing laws rather than passing new ones . 
existing federal statutes -- including rico , continuing criminal enterprise and drug trafficking statutes -- have been used to prosecute and severely punish gang members , and these laws are more than adequate to prosecute any gang-related offenses that warrant federal intervention . 
h.r. 1279 does nothing to promote proven effective programs for dealing with criminal street gangs and youth crimes , such as family and school-based interventions and mentoring programs . 
the heritage foundation provided recent testimony on what measures congress should support to address the gang problem -- including fostering stable neighborhoods , providing after-school activities , and improving local economies -- and h.r. 1279 does none of these things . 
h.r. 1279 would result in more youth being prosecuted as adults in the federal system despite research showing that youth transferred to the adult criminal justice system are more likely to re-offend than similarly situated youth who remain in the juvenile justice system . 
as the judicial conference of the united states has stated , `` primary responsibility for prosecuting juveniles has traditionally been reserved for the states , '' and `` the federal criminal justice system has little experience and few resources '' for juvenile defendants . 
h.r. 1279 expands three criminal justice policies -- mandatory minimum sentences , capital punishment , and youth transfer to adult prosecution -- that are discriminatory towards minority communities . 
attached to the new federal crimes are 24 new mandatory minimum sentences , which will transfer sentencing power from judges to prosecutors , prescribe unconscionably severe sentences , and increase unwarranted disparity , including racial disparity . 
similarly , h.r. 1279 indiscriminately raises penalties for a wide variety of offenses that have nothing to do with street gangs , ranging from carjacking to regulatory violations ( e.g. , clean water act ) . 
h.r. 1279 attaches the death penalty to a variety of traditional state crimes and allows prosecutors to forum shop , expanding this error-prone and discriminatory system and flouting community standards regarding the appropriateness of the death penalty for certain crimes . 
some organizations opposing h.r. 1279 american bar association . 
american civil liberties union . 
chamber of commerce of the united states . 
children 's defense fund . 
commission on social action of reform judaism . 
leadership conference on civil rights . 
national urban league . 
murder victims ' families for human rights naacp . 
national council of la raza . 
national federation of independent business . 
united states conference of catholic bishops . 
for more information , including a full list of opposing organizations , go to www.nacdl.org/gangs mr. speaker , i reserve the balance of my time . 
