To allow for the prosecution of members of criminal street gangs, and for other purposes.

April 28, 2004

Mr. DURBIN (for himself, Mr. LEAHY, Mr. FEINGOLD, and Mr. KENNEDY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To allow for the prosecution of members of criminal street gangs, and for other purposes.

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 `American Neighborhoods Taking the Initiative--Guarding Against Neighborhood Gangs Act of 2004' or the `ANTI-GANG Act'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

TITLE I--CRIMINAL STREET GANGS

Sec. 100. Findings.

Sec. 101. Criminal street gangs; definitions.

Sec. 102. Criminal street gangs prohibited acts, penalties, and forfeiture.

Sec. 103. Clerical amendments.

Sec. 104. Conforming amendments.

Sec. 105. Designation of and assistance for `high intensity' interstate gang activity areas.

Sec. 106. Gang prevention grants.

Sec. 107. Gang prevention information grants.

Sec. 108. Enhancement of Project Safe Neighborhoods Initiative to improve enforcement of criminal laws against violent gangs.

Sec. 109. Additional resources needed by the Federal Bureau of Investigation to investigate and prosecute violent criminal street gangs.

Sec. 110. Expansion of Federal witness relocation and protection program.

Sec. 111. Grants to State and local prosecutors to protect witnesses and victims of crime.

Sec. 112. Witness protection services.

TITLE II--RELATED MATTERS INVOLVING VIOLENT CRIME PROSECUTION

Sec. 201. Study on expanding Federal authority for juvenile offenders.

Sec. 202. Prosecutors and Defenders Incentive Act.

TITLE I--CRIMINAL STREET GANGS

SEC. 100. FINDINGS.

Congress finds that--

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

(2) the crime rate is exacerbated by the association of persons in gangs to commit acts of violence and drug offenses;

(3) 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 rural and urban communities throughout the United States;

(4) gangs commit acts of violence or drug offenses for numerous motives, such as membership in or loyalty to the gang, for protecting gang territory, and for profit;

(5) gang presence has a pernicious effect on the free flow of commerce in local businesses and directly affects the freedom and security of communities plagued by gang activity;

(6) gangs often recruit and utilize minors to engage in acts of violence and other serious offenses out of a belief that the criminal justice systems are more lenient on juvenile offenders;

(7) gangs often intimidate and threaten witnesses to prevent successful prosecutions;

(8) gang recruitment can be deterred both through increased vigilance, strong criminal penalties, equal partnerships with State and local law enforcement, and proactive intervention efforts, particularly targeted at juveniles, prior to gang involvement; and

(9) State and local prosecutors, in hearings before the Committee on the Judiciary of the Senate, enlisted Congress's help in the prevention, investigation, and prosecution of gang crimes and in the protection of witnesses and victims of gang crimes.

SEC. 101. CRIMINAL STREET GANGS; DEFINITIONS.

Section 521 of title 18, United States Code, is amended to read as follows:

`Sec. 521. Criminal street gang; definitions

`As used in this chapter:

`(1) CRIMINAL STREET GANG-

`(A) IN GENERAL- The term `criminal street gang' means an ongoing formal or informal group, club, organization, or association of 3 or more persons through or for which they individually, jointly, or in combination, have committed or attempted to commit, for the direct or indirect benefit of, at the direction of, or in association with the group, club, organization, or association, 3 or more unrelated predicate gang crimes, provided that--

`(i) one of the predicate gang crimes is a violent gang crime;

`(ii) one predicate gang crime must occur after the date of enactment of the ANTI-GANG Act, and the last of which must occur not later than 10 years (excluding any period of imprisonment) after the commission of a prior predicate gang crime; and

`(iii) the activities of the criminal street gang must substantially affect interstate or foreign commerce.

`(B) ONGOING-

`(i) IN GENERAL- As used in this paragraph, the term `ongoing', means that the criminal street gang has an independent identity and existence extending beyond the planning or carrying out of any offense or series of offenses which happen to be predicate gang crimes.

`(ii) FACTORS- The presence or absence of any of the following evidentiary factors is relevant to show the existence or nonexistence of an ongoing criminal street gang, or to show that any predicate gang crime was committed through or for a criminal street gang:

`(I) A common name, insignia, flag, means of recognition, secret signal or code.

`(II) A common creed, belief, structure, leadership or command

structure, method of operation or criminal enterprise, concentration or specialty.

`(III) Membership, age or other qualifications, initiation rites, geographical or territorial situs, boundary, or location, or other unifying mark, manner, protocol, or method of expressing or indicating membership.

`(C) THREE OR MORE PERSONS- As used in this paragraph, the term `3 or more persons', shall not require that the same 3 or more persons be involved in 2 or more predicate gang crimes.

`(D) UNRELATED- As used in this paragraph, the term `unrelated', means that the predicate gang crimes are not part of a single course of conduct with a single criminal objective, and do not represent essentially 1 composite harm even if such gang crimes constitute legally distinct offenses occurring at different times. Violent gang crimes committed on different days shall always be considered to be unrelated.

`(2) PREDICATE GANG CRIME- The term `predicate gang crime', means any act or threat, or attempted act or threat, which is chargeable under Federal or State law, and punishable by imprisonment for more than 1 year, involving--

`(A) a violent gang crime, which includes--

`(i) murder;

`(ii) attempted murder;

`(iii) manslaughter;

`(iv) kidnapping;

`(v) robbery;

`(vi) assault;

`(vii) extortion;

`(viii) arson;

`(ix) burglary;

`(x) sexual assault;

`(xi) carjacking; and

`(xii) explosive materials under subsection (d), (e), (f), or (i) of section 844;

`(B) a `serious drug offense', as that term is defined under section 924(e)(2)(A);

`(C) obstruction of justice (including offenses under sections 1503 and 1510);

`(D) tampering with or retaliating against a witness, victim, or informant (including offenses under sections 1512 and 1513);

`(E) fraud and related activity in connection with identification documents or access devices under sections 1028 and 1029;

`(F) interference with commerce by threats of violence under section 1951;

`(G) money laundering under section 1956;

`(H) engaging in monetary transactions in property derived from specified unlawful activity under section 1957;

`(I) the use of interstate commerce facilities in the commission of murder-for-hire;

`(J) the interstate transportation, sale, or receipt of stolen goods under sections 2312 through 2315;

`(K) the receipt, possession, and transfer of firearms, except for violations of section 922(g); or

`(L) any act involving the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of aliens for immoral purposes).

`(3) STATE- The term `State' means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.'.

SEC. 102. CRIMINAL STREET GANGS--PROHIBITED ACTS, PENALTIES, AND FORFEITURE.

Chapter 26 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 522. Prohibited acts; penalties and forfeiture

`(a) RECRUITMENT AND RETENTION IN CRIMINAL STREET GANGS- It shall be unlawful for any person--

`(1) to recruit, solicit, command, employ, persuade, induce, entice, or coerce any person to become a member of or participate in, any criminal street gang with the intent that the person recruited will do any act to effect the criminal activities of a criminal street gang; or

`(2) by use of force, threat, or intimidation directed at any person, or by the infliction of bodily injury upon any person, to knowingly prevent a person from leaving a criminal street gang.

`(b) PARTICIPATION IN A CRIMINAL STREET GANG- It shall be unlawful for any person--

`(1) to do any act with the intent to effect the criminal activities of a criminal street gang;

`(2) to commit, attempt to commit, aid or abet the commission of, or conspire to commit any predicate gang crime--

`(A) in furtherance or in aid of the activities of the criminal street gang;

`(B) for the direct or indirect benefit of the criminal street gang, or in association with the criminal street gang;

`(C) for the purpose of gaining entrance to, or maintaining or increasing position in, the criminal street gang;

while knowingly being a member of or participating in a criminal street gang; or

`(3) to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to commit any predicate gang crime--

`(A) in furtherance or in aid of the activities of the criminal street gang;

`(B) for the direct or indirect benefit of the criminal street gang, or in association with the criminal street gang; or

`(C) for the purpose of gaining entrance to or maintaining or increasing position in the criminal street gang;

while knowingly being a member of or participating in a criminal street gang.

`(c) WITNESS INTIMIDATION- It shall be unlawful for any person to travel in interstate or foreign commerce, or use the mail or any facility in interstate or foreign commerce, or to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to do the same, to threaten, influence, or prevent from testifying any witness in a Federal or State criminal proceeding--

`(1) in furtherance or in aid of the activities of a criminal street gang;

`(2) for the direct or indirect benefit of, at the direction of, or in association with a criminal street gang; or

`(3) for the purpose of gaining entrance to or maintaining or increasing position in a criminal street gang.

`(d) UNDERLYING OFFENSES-

`(1) NO LIMITATION ON UNDERLYING OFFENSES- Nothing in this section shall be construed to prohibit the conviction or sentencing of any person for an underlying offense that is included in the definition of `predicate gang crimes'.

`(2) VENUE FOR UNDERLYING OFFENSES- Notwithstanding any other provision of law, venue for any Federal underlying offense charged as a predicate gang crime in a prosecution under this section shall lie in the same district as a prosecution under this section.

`(e) PENALTIES-

`(1) Whoever violates subsection (a)(1) or (b)(1) of this section shall be fined under this title, or imprisoned not more than 3 years, or both; provided that if the person recruited under subsection (a)(1) is a minor and the violator is 18 years of age or older, then the violator shall be fined under this title, imprisoned not more than 10 years, or both.

`(2) Whoever violates subsection (a)(2) or (c) shall be fined under this title, or imprisoned not more than 10 years, or both; provided that if the person prevented from leaving under subsection (a)(2) is a minor and the violator is 18 years of age or older, then the violator shall be fined under this title, imprisoned not more than 15 years, or both.

`(3) Whoever violates subsection (b)(2) or (b)(3) shall be fined under this title, imprisoned not more than 20 years, or both; except--

`(A) where the predicate gang crime is a serious drug offense, then whoever violates these subsections shall be fined under this title, imprisoned not more than 30 years, or both; or

`(B) where the predicate gang crime is a violent gang crime, whoever violates these subsections shall be fined under this title, imprisoned for any term of years or for life, or both.

`(f) FORFEITURE-

`(1) IN GENERAL- A person who violates any provision of this section shall, in addition to any other penalty and irrespective of any provision of State law, forfeit to the United States--

`(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as a result of the violation; and

`(B) any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of the violation.

`(2) APPLICATION OF CONTROLLED SUBSTANCES ACT- Subsections (b), (c), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), and (p) of section 413 of the Controlled Substances Act (21 U.S.C. 853) shall apply to a forfeiture under this section.

`(g) CERTIFICATION BY THE UNITED STATES ATTORNEY- No prosecution of any offense described under this section involving a predicate gang crime that is otherwise exclusively chargeable under State law shall be undertaken by the United States except upon the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General specially designated by the Attorney General, or the United States attorney for the district in which the offense will be prosecuted, after consultation with State and local prosecutors, that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice, which function of certification may not be delegated.'.

SEC. 103. CLERICAL AMENDMENTS.

The table of sections at the beginning of chapter 26 of title 18, United States Code, is amended to read as follows:

`521. Criminal street gangs; definitions.

`522. Prohibited acts; penalties and forfeiture.'.

SEC. 104. CONFORMING AMENDMENTS.

(a) AUTHORIZATION OF INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS- Section 2516(1) of title 18, United States Code, is amended--

(1) in paragraph (q), by striking `or';

(2) by redesignating paragraph (r) as paragraph (s); and

(3) by inserting after paragraph (q) the following:

`(r) any violation of section 522 (relating to criminal street gangs); or'.

(b) ORDERS FOR RESTITUTION- Section 3663(c)(4) of title 18, United States Code, is amended by striking `chapter 46 or chapter 96' and inserting `chapters 26, 46, or 96'.

(c) AMENDMENT OF SPECIAL SENTENCING PROVISION PROHIBITING PRISONER COMMUNICATIONS- Section 3582(d) of title 18, United States Code, is amended--

(1) by inserting `chapter 26 (criminal street gangs),' before `chapter 95'; and

(2) by inserting `a criminal street gang or' before `an illegal enterprise'.

SEC. 105. DESIGNATION OF AND ASSISTANCE FOR `HIGH INTENSITY' INTERSTATE GANG ACTIVITY AREAS.

(a) DEFINITIONS- In this section:

(1) GOVERNOR- The term `Governor' means a Governor of a State or the mayor of the District of Columbia.

(2) HIGH INTENSITY INTERSTATE GANG ACTIVITY AREA- The term `high intensity interstate gang activity area' means an area within a State that is designated as a high intensity interstate gang activity area under subsection (b)(1).

(3) HIGH INTENSITY INTERSTATE GANG AND DRUG TRAFFICKING AREA- The term `high intensity interstate gang and drug trafficking area' means an area within a State that is cross-designated as a high intensity interstate gang and drug trafficking area under subsection (b)(2).

(4) 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. The term `State' shall include an `Indian tribe', as defined under section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).

(b) HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS-

(1) DESIGNATION- The Attorney General, after consultation with the Governors of appropriate States, may designate specific areas that are located within 1 or more States as high intensity interstate gang activity areas.

(2) CROSS-DESIGNATION- The Attorney General, after consultation with the Governors of appropriate States and the Director of the Office of National Drug Control Policy, may cross-designate specific areas already designated as high intensity interstate drug trafficking areas under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706) as high intensity interstate gang and drug trafficking areas.

(3) ASSISTANCE- In order to provide Federal assistance to high intensity interstate gang activity areas or high intensity interstate gang and drug trafficking areas, the Attorney General shall--

(A) establish criminal street gang enforcement teams, consisting of Federal, State, and local law enforcement authorities, for the coordinated investigation, disruption, apprehension, and prosecution of criminal street gangs and offenders in each high intensity interstate gang activity area or high intensity interstate gang and drug trafficking area;

(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; and

(C) provide all necessary funding for the operation of the criminal street gang enforcement team in each high intensity interstate gang activity area or high intensity interstate gang and drug trafficking area.

(4) COMPOSITION OF CRIMINAL STREET GANG ENFORCEMENT TEAM- The team established under paragraph (2)(A) shall consist of agents and officers, where feasible, from--

(A) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;

(B) the Department of Homeland Security;

(C) the Department of Housing and Urban Development;

(D) the Drug Enforcement Administration;

(E) the Internal Revenue Service;

(F) the Federal Bureau of Investigation;

(G) the United States Marshal's Service;

(H) the United States Postal Service;

(I) State and local law enforcement; and

(J) Federal, State, and local prosecutors.

(5) COORDINATION- In each area cross-designated as a high intensity interstate gang and drug trafficking area, the team established under paragraph (2)(A) shall fully coordinate its antigang activities with antidrug trafficking activities undertaken by Federal, State, and local officials under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706).

(6) CRITERIA FOR DESIGNATION- In considering an area for designation as a high intensity interstate gang activity area or high intensity interstate gang and drug trafficking 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 violent crime in the area appears to be related to criminal street gang activity, such as drug trafficking, murder, robbery, assaults, carjacking, arson, kidnapping, extortion, and other criminal activity;

(C) the extent to which State and local law enforcement agencies 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.

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $40,000,000 for each of fiscal years 2005 through 2009 to carry out this section.

SEC. 106. GANG PREVENTION GRANTS.

(a) AUTHORITY TO MAKE GRANTS- The Office of Justice Programs of the Department of Justice shall 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, to develop community-based programs that provide crime prevention, research, and intervention services that are designed for gang members and at-risk youth.

(b) USE OF GRANT AMOUNTS- Amounts received by a grantee under this section may be used by the grantee,

directly or through subgrants, only for 1 or more of the following activities:

(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.

(c) GRANT REQUIREMENTS-

(1) PERIOD- A grant under this section shall be made for a period of not more than 2 years.

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

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

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

(2) an assessment of the effectiveness of the crime prevention, research, and intervention activities of the recipient;

(3) a strategic plan for the year following the year covered under paragraph (1); and

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

(e) MINIMUM ALLOCATION- Unless all eligible applications submitted by any State or unit of local government within such State for a planning or implementation grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for planning or implementation grants under this section.

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

(g) AUTHORIZATION OF APPROPRIATIONS-

(1) IN GENERAL- There are authorized to be appropriated for grants under this section $40,000,000 for each of the fiscal years 2005 through 2009.

(2) LIMITATION- Of amounts made available for grants under this section, not less than 50 percent shall be available only for areas designated pursuant to section 105 as high intensity interstate gang activity areas or high intensity interstate gang and drug trafficking areas.

SEC. 107. GANG PREVENTION INFORMATION GRANTS.

(a) AUTHORITY TO MAKE GRANTS- The Office of Justice Programs of the Department of Justice shall make grants, in accordance with such regulations as the Attorney General may prescribe, to States, units of local government, and tribal governments to fund technology, equipment, and training for State and local sheriffs, police agencies, and prosecutor offices in order to--

(1) increase accurate identification of gang members and violent offenders;

(2) maintain databases with such information to facilitate coordination among law enforcement and prosecutors; and

(3) otherwise improve the investigation and prosecution of criminal street gangs.

(b) GRANT REQUIREMENTS-

(1) PERIOD- A grant under this section shall be made for a period of not more than 2 years.

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

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

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

(2) an assessment of the effectiveness of the crime prevention, research, and intervention activities of the recipient;

(3) a strategic plan for the year following the year covered under paragraph (1); and

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

(d) MINIMUM ALLOCATION- Unless all eligible applications submitted by any State or unit of local government within such State for a planning or implementation grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for planning or implementation grants under this section.

(e) DEFINITION- In this section, the term `units of local government' includes sheriffs, police agencies, and local prosecutor offices.

(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for grants under this section $20,000,000 for each of the fiscal years 2005 through 2009.

SEC. 108. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT GANGS.

(a) IN GENERAL- The Attorney General shall expand the Project Safe Neighborhoods program to require each United States attorney to--

(1) identify, investigate, and prosecute significant criminal street gangs operating within their district;

(2) coordinate the identification, investigation, and prosecution of criminal street gangs among Federal, State, and local law enforcement agencies;

(3) consult with State and local prosecutors to determine how Federal, State, and local law enforcement resources can best be used to serve the public interest and secure substantial justice; and

(4) coordinate and establish criminal street gang enforcement teams, established under section 105(b), in high intensity interstate gang activity areas within the district of the United States attorney.

(b) ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS FOR PROJECT SAFE NEIGHBORHOODS-

(1) IN GENERAL- The Attorney General may hire 94 additional Assistant United States attorneys to carry out the provisions of this section.

(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $7,500,000 for each of the fiscal years 2005 through 2009 to carry out this section.

SEC. 109. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT CRIMINAL STREET GANGS.

(a) RESPONSIBILITIES OF ATTORNEY GENERAL- The Attorney General shall require the Federal Bureau of Investigation to--

(1) increase funding for the Safe Streets Program;

(2) support the criminal street gang enforcement teams, established under section 105(b), in designated high intensity interstate gang activity areas; and

(3) consult with State and local prosecutors to determine how Federal, State, and local law enforcement resources can best be used to serve the public interest and secure substantial justice.

(b) AUTHORIZATION OF APPROPRIATIONS-

(1) IN GENERAL- In addition to amounts otherwise authorized, there are authorized to be appropriated to the Federal Bureau of Investigation $5,000,000 for each of the fiscal years 2005 through 2009 to carry out the Safe Streets Program.

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

SEC. 110. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION PROGRAM.

Section 3521(a)(1) of title 18 is amended by inserting `, criminal street gang, serious drug offense, homicide,' after `organized criminal activity'.

SEC. 111. GRANTS TO STATE AND LOCAL PROSECUTORS TO PROTECT WITNESSES AND VICTIMS OF CRIME.

(a) GRANTS AUTHORIZED-

(1) IN GENERAL- The Attorney General is authorized to make grants to State and local prosecutors and the United States attorney for the District of Columbia for the purpose of providing short-term protection to witnesses in trials involving an organized criminal activity, criminal street gang, serious drug offense, homicide, or other serious offense.

(2) ALLOCATION- Each prosecutor receiving a grant under this section may either--

(A) use the grant to provide witness relocation and protection; or

(B) pursuant to a cooperative agreement with the Attorney General, credit the grant to the United States Marshal's Service to cover the costs of providing witness relocation and protection on behalf of the prosecutor.

(b) APPLICATION-

(1) IN GENERAL- Each prosecutor desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.

(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--

(A) describe the activities for which assistance under this section is sought; and

(B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section.

(c) MINIMUM ALLOCATION- Unless all eligible applications submitted by State and local prosecutors within a State for planning or implementation grants under this section have been funded, the grantees within the State shall be allocated in each fiscal year under this section not less than 0.75 percent of the total amount appropriated in the fiscal year for planning or implementation grants pursuant to this section.

(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $60,000,000 for each of the fiscal years 2005 through 2009.

SEC. 112. WITNESS PROTECTION SERVICES.

Section 3526 of title 18, United States Code (Cooperation of other Federal agencies and State governments; reimbursement of expenses) shall be amended to add the following subsection:

`(c) In any case in which a State government requests the Attorney General to provide temporary protection under section 3521(e) of this title, the costs of providing temporary protection are not reimbursable if the investigation or prosecution in any way relates to crimes of violence committed by a gang, as defined under the laws of the relevant State seeking assistance under this title.'.

TITLE II--RELATED MATTERS INVOLVING VIOLENT CRIME PROSECUTION

SEC. 201. STUDY ON EXPANDING FEDERAL AUTHORITY FOR JUVENILE OFFENDERS.

(a) IN GENERAL- Not later than 9 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report on the costs and benefits associated with expanding Federal authority to prosecute offenders under the age of 18 who are gang members who commit criminal offenses.

(b) CONTENTS- The report submitted under subsection (a) shall--

(1) examine the ability of the judicial systems of the States to respond effectively to juveniles who

are members of `criminal street gangs', as defined under section 521 of title 18, United States Code;

(2) examine the extent to which offenders who are 16 and 17 years old are members of criminal street gangs, and are accused of committing violent crimes and prosecuted in the adult criminal justice systems of the individual States;

(3) determine the percentage of crimes committed by members of `criminal street gangs' that are committed by offenders who are 16 and 17 years old;

(4) examine the extent to which United States attorneys currently bring criminal indictments and prosecute offenders under the age of 18, and the extent to which United States attorneys' offices include prosecutors with experience prosecuting juveniles for adult criminal violations;

(5) examine the extent to which the Bureau of Prisons houses offenders under the age of 18, and has the ability and experience to meet the needs of young offenders;

(6) estimate the cost to the Federal Government of prosecuting and incarcerating 16 and 17 year olds who are members of criminal street gangs and are accused of violent crimes; and

(7) detail any benefits for Federal prosecutions that would be realized by expanding Federal authority to bring charges against 16 and 17 year olds who are members of criminal street gangs and are accused of violent crimes.

SEC. 202. PROSECUTORS AND DEFENDERS INCENTIVE ACT.

(a) SHORT TITLE- This section may be cited as the `Prosecutors and Defenders Incentive Act'.

(b) LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS- Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following:

`PART CC--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

`SEC. 2901. GRANT AUTHORIZATION.

`(a) PURPOSE- The purpose of this section is to encourage qualified individuals to enter and continue employment as prosecutors and public defenders.

`(b) DEFINITIONS- In this section:

`(1) PROSECUTOR- The term `prosecutor' means a full-time employee of a State or local agency who--

`(A) is continually licensed to practice law; and

`(B) prosecutes criminal cases at the State or local level.

`(2) PUBLIC DEFENDER- The term `public defender' means an attorney who--

`(A) is continually licensed to practice law; and

`(B) is--

`(i) a full-time employee of a State or local agency, or a nonprofit organization operating under a contract with a State or unit of local government, that provides legal representation to indigent persons in criminal cases; or

`(ii) employed as a full-time Federal defender attorney in a defender organization established pursuant to subsection (g) of section 3006A of title 18, United States Code, that provides legal representation to indigent persons in criminal cases.

`(3) STUDENT LOAN- The term `student loan' means--

`(A) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);

`(B) a loan made under part E or D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.); and

`(C) a loan made under section 428C of the Higher Education Act of 1965 (20 U.S.C. 1078-3) to the extent that such loan was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H of such Act.

`(c) PROGRAM AUTHORIZED- The Attorney General shall establish a program by which the Department of Justice shall assume the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who--

`(1) is employed as a prosecutor or public defender; and

`(2) is not in default on a loan for which the borrower seeks forgiveness.

`(d) TERMS OF AGREEMENT-

`(1) IN GENERAL- To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement that specifies that--

`(A) the borrower will remain employed as a prosecutor or public defender for a required period of service of not less than 3 years, unless involuntarily separated from that employment;

`(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Attorney General the amount of any benefits received by such employee under this section;

`(C) if the borrower is required to repay an amount to the Attorney General under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee (or such employee's estate, if applicable) by such methods as are provided by law for the recovery of amounts owed to the Federal Government;

`(D) the Attorney General may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest; and

`(E) the Attorney General shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations.

`(2) REPAYMENTS-

`(A) IN GENERAL- Any amount repaid by, or recovered from, an individual or the estate of an individual under this subsection shall be credited to the appropriation account from which the amount involved was originally paid.

`(B) MERGER- Any amount credited under subparagraph (A) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged.

`(3) LIMITATIONS-

`(A) STUDENT LOAN PAYMENT AMOUNT- Student loan repayments made by the Attorney General under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Attorney General in an agreement under paragraph (1), except that the amount paid by the Attorney General under this section shall not exceed--

`(i) $10,000 for any borrower in any calendar year; or

`(ii) an aggregate total of $60,000 in the case of any borrower.

`(B) BEGINNING OF PAYMENTS- Nothing in this section shall authorize the Attorney General to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Attorney General entered into an agreement with the borrower under subsection (d).

`(e) ADDITIONAL AGREEMENTS-

`(1) IN GENERAL- On completion of the required period of service under an agreement under subsection (d), the borrower and the Attorney General may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d).

`(2) TERM- An agreement entered into under paragraph (1) may require the borrower remain employed as a prosecutor or public defender for less than 3 years.

`(f) AWARD BASIS; PRIORITY-

`(1) AWARD BASIS- Subject to paragraph (2), the Attorney General shall provide repayment benefits under this section on a first-come, first-served basis, and subject to the availability of appropriations.

`(2) PRIORITY- The Attorney General shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who--

`(A) received repayment benefits under this section during the preceding fiscal year; and

`(B) has completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (e).

`(g) REGULATIONS- The Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this section.

`(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2005 and such sums as may be necessary for each succeeding fiscal year.'.

END