Gang Deterrence and Community Protection Act of 2005

5-11-05, Bill Passed House 279-144
Referred to Senate

109th CONGRESS
1st Session

H. R. 1279

IN THE SENATE OF THE UNITED STATES

May 12, 2005

Received; read twice and referred to the Committee on the Judiciary

AN ACT

To amend title 18, United States Code, to reduce violent gang crime and protect law-abiding citizens and communities from violent criminals, 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.

This Act may be cited as the `Gang Deterrence and Community Protection Act of 2005'.

TITLE I--CRIMINAL LAW REFORMS AND ENHANCED PENALTIES TO DETER AND PUNISH ILLEGAL STREET GANG ACTIVITY AND RELATED CRIMINAL LAW REFORMS

SEC. 101. REVISION AND EXTENSION OF PENALTIES RELATED TO CRIMINAL STREET GANG ACTIVITY.

(a) In General- Chapter 26 of title 18, United States Code, is amended to read as follows:

`CHAPTER 26--CRIMINAL STREET GANGS

`Sec.

`521. Criminal street gang prosecutions.

`Sec. 521. Criminal street gang prosecutions

`(a) Street Gang Crime- Whoever commits, or conspires, threatens or attempts to commit, a gang crime for the purpose of furthering the activities of a criminal street gang, or gaining entrance to or maintaining or increasing position in such a gang, shall, in addition to being subject to a fine under this title--

`(1) if the gang crime results in the death of any person, be sentenced to death or life in prison;

`(2) if the gang crime is kidnapping, aggravated sexual abuse, or maiming, be imprisoned for life or any term of years not less than 30;

`(3) if the gang crime is assault resulting in serious bodily injury (as defined in section 1365), be imprisoned for life or any term of years not less than 20; and

`(4) in any other case, be imprisoned for life or for any term of years not less than 10.

`(b) Forfeiture-

`(1) IN GENERAL- The court, in imposing sentence on any person convicted of a violation of this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States such person's interest in--

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

`(B) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as a result 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 as though it were a forfeiture under that section.

`(c) Definitions- The following definitions apply in this section:

`(1) CRIMINAL STREET GANG- The term `criminal street gang' means a formal or informal group or association of 3 or more individuals, who commit 2 or more gang crimes (one of which is a crime of violence other than an offense punishable under subparagraph (A), (B), or (C) of section 401(b)(1) of the Controlled Substances Act), in 2 or more separate criminal episodes, in relation to the group or association, if any of the activities of the criminal street gang affects interstate or foreign commerce.

`(2) GANG CRIME- The term `gang crime' means conduct constituting any Federal or State crime, punishable by imprisonment for more than one year, in any of the following categories:

`(A) A crime of violence (other than a crime of violence against the property of another).

`(B) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary.

`(C) A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

`(D) Any conduct punishable under section 844 (relating to explosive materials), subsection (a)(1), (d), (g)(1) (where the underlying conviction is a violent felony (as defined in section 924(e)(2)(B) of this title) or is a serious drug offense (as defined in section 924(e)(2)(A))), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (i), (j), (k), (n), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts), or subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 (relating to penalties), section 930 (relating to possession of firearms and dangerous weapons in Federal facilities), section 931 (relating to purchase, ownership, or possession of body armor by violent felons), sections 1028 and 1029 (relating to fraud and related activity in connection with identification documents or access devices), section 1952 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property).

`(E) Any conduct punishable under 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 alien for immoral purpose) of the Immigration and Nationality Act.

`(3) AGGRAVATED SEXUAL ABUSE- The term `aggravated sexual abuse' means an offense that, if committed in the special maritime and territorial jurisdiction would be an offense under section 2241(a).

`(4) 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.'.

(b) Amendment Relating to Priority of Forfeiture Over Orders for Restitution- Section 3663(c)(4) of title 18, United States Code, is amended by striking `chapter 46 or chapter 96 of this title' and inserting `section 521, under chapter 46 or 96,'.

(c) Money Laundering- Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting `, section 521 (relating to criminal street gang prosecutions)' before `, section 541'.

SEC. 102. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF RACKETEERING.

Section 1952 of title 18, United States Code, is amended--

(1) in subsection (a), by striking `perform' and all that follows through the end of the subsection and inserting `perform an act described in paragraph (1), (2), or (3), or conspires to do so, shall be punished as provided in subsection (d).'; and

(2) by adding at the end following:

`(d) The punishment for an offense under subsection (a) is--

`(1) in the case of a violation of paragraph (1) or (3), a fine under this title and imprisonment for not less than 5 nor more than 20 years; and

`(2) in the case of a violation of paragraph (2), a fine under this title and imprisonment for not less than 10 nor more than 30 years, but if death results the offender shall be sentenced to death, or to imprisonment for any term of years or for life.'.

SEC. 103. AMENDMENTS RELATING TO VIOLENT CRIME.

(a) Carjacking- Section 2119 of title 18, United States Code, is amended--

(1) by striking `, with the intent to cause death or serious bodily harm' in the matter preceding paragraph (1);

(2) by inserting `or conspires' after `attempts' in the matter preceding paragraph (1);

(3) by striking `15' and inserting `20' in paragraph (1); and

(4) by striking `or imprisoned not more than 25 years, or both' and inserting `and imprisoned not less than 10 years nor more than 30 years' in paragraph (2).

(b) Clarification of Illegal Gun Transfers to Commit Drug Trafficking Crime or Crimes of Violence- Section 924(h) of title 18, United States Code, is amended to read as follows:

`(h) Whoever, in or affecting interstate or foreign commerce, knowingly transfers a firearm, knowing or intending that the firearm will be used to commit, or possessed in furtherance of, a crime of violence or drug trafficking crime (as defined in subsection (c)(2)), shall be fined under this title and imprisoned not less than 5 years nor more than 20 years.'.

(c) Amendment of Special Sentencing Provision Relating to Limitations on Criminal Association- Section 3582(d) of title 18, United States Code, is amended--

(1) by inserting `section 521 (criminal street gang prosecutions), in' after `felony set forth in';

(2) by striking `specified person, other than his attorney, upon' and inserting `specified person upon'; and

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

(d) Conspiracy Penalty- Section 371 of title 18, United States Code, is amended by striking `five' and inserting `20'.

SEC. 104. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY CRIMES OF VIOLENCE.

(a) In General- Section 1958 of title 18, United States Code, is amended--

(1) by striking the section heading and inserting the following:

`Sec. 1958. Use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence';

(2) in subsection (a), by inserting `or other crime of violence, punishable by imprisonment for more than one year,' after `intent that a murder'; and

(3) in subsection (a), by striking `shall be fined' the first place it appears and all that follows through the end of such subsection and inserting the following:

`shall, in addition to being subject to a fine under this title--

`(1) if the crime of violence or conspiracy results in the death of any person, be sentenced to death or life in prison;

`(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), or maiming, or a conspiracy to commit such a crime of violence, be imprisoned for life or any term of years not less than 30;

`(3) if the crime of violence is an assault, or a conspiracy to assault, that results in serious bodily injury (as defined in section 1365), be imprisoned for life or any term of years not less than 20; and

`(4) in any other case, be imprisoned for life or for any term of years not less than 10.'.

(b) Clerical Amendment- The item relating to section 1958 in the table of sections at the beginning of chapter 95 of title 18, United States Code, is amended to read as follows:

`1958. Use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence.'.

SEC. 105. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.

(a) Offense- Section 1959(a) of title 18, United States Code, is amended to read as follows:

`(a) Whoever commits, or conspires, threatens, or attempts to commit, a crime of violence, as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or for the purpose of furthering the activities of an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in, such an enterprise, shall, unless the death penalty is otherwise imposed, in addition and consecutive to the punishment provided for any other violation of this chapter and in addition to being subject to a fine under this title--

`(1) if the crime of violence results in the death of any person, be sentenced to death or life in prison;

`(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), or maiming, be imprisoned for life or any term of years not less than 30;

`(3) if the crime of violence is assault resulting in serious bodily injury (as defined in section 1365), be imprisoned for life or for any term of years not less than 20; and

`(4) in any other case, be imprisoned for life or for any term of years not less than 10.'.

(b) Venue- Section 1959 of title 18, United States Code, is amended by adding at the end the following:

`(c) A prosecution for a violation of this section may be brought in--

`(1) the judicial district in which the crime of violence occurred; or

`(2) any judicial district in which racketeering activity of the enterprise occurred.'.

SEC. 106. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME.

(a) In General- Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended by adding at the end the following:

`MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME

`SEC. 424. (a) In General- Whoever commits, or conspires, or attempts to commit, a crime of violence during and in relation to a drug trafficking crime, shall, unless the death penalty is otherwise imposed, in addition and consecutive to the punishment provided for the drug trafficking crime and in addition to being subject to a fine under this title--

`(1) if the crime of violence results in the death of any person, be sentenced to death or life in prison;

`(2) if the crime of violence is kidnapping, aggravated sexual abuse (as defined in section 521), or maiming, be imprisoned for life or any term of years not less than 30;

`(3) if the crime of violence is assault resulting in serious bodily injury (as defined in section 1365), be imprisoned for life or any term of years not less than 20; and

`(4) in any other case, be imprisoned for life or for any term of years not less than 10.

`(b) Venue- A prosecution for a violation of this section may be brought in--

`(1) the judicial district in which the murder or other crime of violence occurred; or

`(2) any judicial district in which the drug trafficking crime may be prosecuted.

`(c) Definitions- As used in this section--

`(1) the term `crime of violence' has the meaning given that term in section 16 of title 18, United States Code; and

`(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2) of title 18, United States Code.'.

(b) Clerical Amendment- The table of contents for the Comprehensive Drug Abuse Prevention and Control Act of 1970 is amended by inserting after the item relating to section 423 the following:

`Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime.'.

SEC. 107. MULTIPLE INTERSTATE MURDER.

(a) Offense- Chapter 51 of title 18, United States Code, is amended by adding at the end the following new section:

`Sec. 1123. Use of interstate commerce facilities in the commission of multiple murder

`(a) In General- Whoever travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility of interstate or foreign commerce, or who conspires or attempts to do so, with intent that 2 or more intentional homicides be committed in violation of the laws of any State or the United States shall, in addition to being subject to a fine under this title--

`(1) if the offense results in the death of any person, be sentenced to death or life in prison;

`(2) if the offense results in serious bodily injury (as defined in section 1365), be imprisoned for life or any term of years not less than 20; and

`(3) in any other case, be imprisoned for life or for any term of years not less than 10.

`(b) Definition- 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.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 51 of title 18, United States Code, is amended by adding at the end the following:

`1123. Use of interstate commerce facilities in the commission of multiple murder.'.

SEC. 108. ADDITIONAL RACKETEERING ACTIVITY.

Section 1961(1) of title 18, United States Code, is amended--

(1) in subparagraph (A), by inserting `, or would have been so chargeable if the act or threat had not been committed in Indian country (as defined in section 1151) or in any other area of exclusive Federal jurisdiction,' after `chargeable under State law'; and

(2) in subparagraph (B), by inserting `section 1123 (relating to interstate murder),' after `section 1084 (relating to the transmission of gambling information),'.

SEC. 109. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS CHARGED WITH FIREARMS OFFENSES.

Section 3142 of title 18, United States Code, is amended--

(1) in subsection (e), in the matter following paragraph (3), by inserting `an offense under subsection (g)(1) (where the underlying conviction is a drug trafficking crime (as defined in section 924(c))), (g)(2), (g)(4), (g)(5), (g)(8), or (g)(9) of section 922, or a crime of violence,' after `that the person committed'; and

(2) in subsection (g), by amending paragraph (1) to read as follows:

`(1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence, or involves a controlled substance, firearm, explosive, or destructive devise;'.

SEC. 110. VENUE IN CAPITAL CASES.

Section 3235 of title 18, United States Code, is amended to read as follows:

`Sec. 3235. Venue in capital cases

`(a) The trial for any offense punishable by death shall be held in the district where the offense was committed or in any district in which the offense began, continued, or was completed.

`(b) If the offense, or related conduct, under subsection (a) involves activities which affect interstate or foreign commerce, or the importation of an object or person into the United States, such offense may be prosecuted in any district in which those activities occurred.'.

SEC. 111. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

(a) In General- Chapter 213 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 3298. Violent crime offenses

`No person shall be prosecuted, tried, or punished for any noncapital felony, crime of violence, including any racketeering activity or gang crime which involves any crime of violence, unless the indictment is found or the information is instituted not later than 15 years after the date on which the alleged violation occurred or the continuing offense was completed.'.

(b) Clerical Amendment- The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following:

`3298. Violent crime offenses.'.

SEC. 112. MODIFICATION OF DEFINITION OF CRIME OF VIOLENCE.

Section 16(b) of title 18, United States Code, is amended to read as follows:

`(b) any other offense that is an offense punishable by imprisonment for more than one year and that, by its nature, involves a substantial risk that physical injury may result to the person or property of another, or is an offense punishable under subparagraph (A), (B), or (C) of section 401(b)(1) of the Controlled Substances Act.'.

SEC. 113. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.

Rule 804(b)(6) of the Federal Rules of Evidence is amended to read as follows:

`(6) FORFEITURE BY WRONGDOING- A statement offered against a party who has engaged or acquiesced in wrongdoing, or who could reasonably foresee such wrongdoing would take place, if the wrongdoing was intended to, and did, procure the unavailability of the declarant as a witness.'.

SEC. 114. INCREASED PENALTIES FOR CRIMINAL USE OF FIREARMS IN CRIMES OF VIOLENCE AND DRUG TRAFFICKING.

(a) In General- Section 924(c) of title 18, United States Code, is amended--

(1) in paragraph (1)(A)--

(A) by striking `shall' and inserting `or conspires to commit any of the above acts, shall, for each instance in which the firearm is used, carried, or possessed';

(B) in clause (i), by striking `5 years' and inserting `7 years'; and

`(ii) if the firearm is discharged, be sentenced to a term of imprisonment of not less than 15 years; and

`(iii) if the firearm is used to wound, injure, or maim another person, be sentenced to a term of imprisonment of not less than 20 years.'; and

(2) by striking paragraph (4).

(b) Conforming Amendment- Section 924 of title 18, United States Code, is amended by striking subsection (o).

SEC. 115. TRANSFER OF JUVENILES.

The 4th undesignated paragraph of section 5032 of title 18, United States Code, is amended--

(1) by striking `A juvenile' where it appears at the beginning of the paragraph and inserting `Except as otherwise provided in this chapter, a juvenile' ;

(2) by striking `as an adult, except that, with' and inserting `as an adult. With'; and

(3) by striking `However, a juvenile' and all that follows through `criminal prosecution.' at the end of the paragraph and inserting `The Attorney General may prosecute as an adult a juvenile who is alleged to have committed an act after that juvenile's 16th birthday which if committed by an adult would be a crime of violence that is a felony, an offense described in subsection (d), (i), (j), (k), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts), or subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 (relating to penalties), section 930 (relating to possession of firearms and dangerous weapons in Federal facilities), or section 931 (relating to purchase, ownership, or possession of body armor by violent felons). The decision whether or not to prosecute a juvenile as an adult under the immediately preceding sentence is not subject to judicial review in any court. In a prosecution under that sentence, the juvenile may be prosecuted and convicted as an adult for any other offense which is properly joined under the Federal Rules of Criminal Procedure, and may also be convicted as an adult of any lesser included offense.'.

SEC. 116. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL PENALTIES.

The Attorney General is authorized to conduct media campaigns in those areas designated as high intensity interstate gang activity areas and those areas with existing and emerging problem with gangs, as needed, to educate individuals there about the changes in criminal penalties made by this Act, and to report to the Committee on the Judiciary of the House of Representatives the amount of expenditures and all other aspects of the media campaign.

SEC. 117. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.

(a) Provision of Information to the NCIC- Not later than 180 days after the date of enactment of this Act, the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide the National Crime Information Center of the Department of Justice with such information as the Director may have on any and all aliens against whom a final order of removal has been issued, any and all aliens who have signed a voluntary departure agreement, and any and all aliens who have overstayed their visa. Such information shall be provided to the National Crime Information Center regardless of whether or not the alien received notice of a final order of removal and even if the alien has already been removed.

(b) Inclusion of Information in the NCIC Database- Section 534(a) of title 28, United States Code, is amended--

(1) in paragraph (3), by striking `and' at the end;

(2) by redesignating paragraph (4) as paragraph (5); and

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

`(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States, regardless of whether or not the alien has received notice of the violation and even if the alien has already been removed; and'.

SEC. 118. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY ILLEGAL ALIENS.

(a) Offenses- Title 18, United States Code, is amended by inserting after chapter 51 the following new chapter:

`CHAPTER 52--ILLEGAL ALIENS

`Sec.

`1131. Enhanced penalties for certain crimes committed by illegal aliens.

`Sec. 1131. Enhanced penalties for certain crimes committed by illegal aliens

`Whoever, being an alien who is unlawfully present in the United States, commits, conspires or attempts to commit, a crime of violence (as defined in section 16) or a drug trafficking offense (as defined in section 924), shall be fined under this title and sentenced to not less than 5 years in prison. If the defendant was previously ordered removed under the Immigration and Nationality Act on the grounds of having committed a crime, the defendant shall be sentenced to not less than 15 years in prison . A sentence of imprisonment imposed under this section shall run consecutively to any other sentence of imprisonment imposed for any other crime.'.

(b) Clerical Amendment- The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 51 the following new item:

--1131'.

SEC. 119. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.

(a) Provision of Information to the NCIC- Not later than 180 days after the date of enactment of this Act, the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide the National Crime Information Center of the Department of Justice with such information as the Director may have on any and all aliens against whom a final order of removal has been issued, and any and all aliens who have signed a voluntary departure agreement. Such information shall be provided to the National Crime Information Center regardless of whether or not the alien received notice of a final order of removal and even if the alien has already been removed.

(b) Inclusion of Information in the NCIC Database- Section 534(a) of title 28, United States Code, is amended--

(1) in paragraph (3), by striking `and' at the end;

(2) by redesignating paragraph (4) as paragraph (5); and

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

SEC. 120. STUDY.

The Attorney General and the Secretary of Homeland Security shall jointly conduct a study on the connection between illegal immigration and gang membership and activity, including how many of those arrested nationwide for gang membership and violence are aliens illegally present in the United States. The Attorney General and the Secretary shall report the results of that study to Congress not later than one year after the date of the enactment of this Act.

TITLE II--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS

SEC. 201. DESIGNATION OF AND ASSISTANCE FOR `HIGH INTENSITY' INTERSTATE GANG ACTIVITY AREAS.

(a) Definitions- In this section the following definitions shall apply:

(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) 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.

(b) High Intensity Interstate Gang Activity Areas-

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

(2) ASSISTANCE- In order to provide Federal assistance to high intensity interstate gang activity 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;

(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) provide all necessary funding for the operation of the criminal street gang enforcement team in each high intensity interstate gang activity area; and

(D) provide all necessary funding for national and regional meetings of criminal street gang enforcement teams, and all other related organizations, as needed, to ensure effective operation of such teams through the sharing of intelligence, best practices and for any other related purpose.

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

(A) the Federal Bureau of Investigation;

(B) the Drug Enforcement Administration;

(D) the United States Marshals Service;

(E) the Directorate of Border and Transportation Security of the Department of Homeland Security;

(F) the Department of Housing and Urban Development;

(G) State and local law enforcement; and

(H) Federal, State, and local prosecutors.

(4) CRITERIA FOR DESIGNATION- In considering an area for designation as a high intensity interstate 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 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;

(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) CONSULTATION REQUIRED- The Attorney General may not designate a high intensity interstate gang activity area without first consulting with and receiving comment from local elected officials representing communities within the State of proposed designation.

(1) ESTABLISHMENT- The Attorney General shall establish a National Gang Intelligence Center to be housed at and administered by the Federal Bureau of Investigation to collect, analyze, and disseminate gang activity information from--

(A) the Federal Bureau of Investigation;

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

(D) the Bureau of Prisons;

(E) the United States Marshals Service;

(F) the Directorate of Border and Transportation Security of the Department of Homeland Security;

(G) the Department of Housing and Urban Development;

(H) State and local law enforcement;

(I) Federal, State, and local prosecutors;

(J) Federal, State, and local probation and parole offices; and

(K) Federal, State, and local prisons and jails.

(2) INFORMATION- The Center established under paragraph (1) shall make available the information referred to in paragraph (1) to--

(A) Federal, State, and local law enforcement agencies;

(B) Federal, State, and local corrections agencies and penal institutions; and

(3) ANNUAL REPORT- The Center established under paragraph (1) shall annually submit to Congress a report on gang activity.

(d) National and Regional Gang Activity Databases-

(1) DATABASES REQUIRED- From amounts made available to carry out this section, the Attorney General shall establish--

(A) for each high intensity interstate gang activity area, a regional gang activity database; and

(B) a national gang activity database that replicates the information in the regional databases.

(2) DESCRIPTION- Each regional gang activity database required by paragraph (1) shall--

(A) be designed to disseminate gang information to law enforcement agencies throughout the region;

(B) contain critical information on gangs, gang members, firearms, criminal activities, vehicles, and other information useful for investigators in solving gang-related crimes; and

(i) identify gang members involved in crimes;

(ii) track the movement of gangs and members throughout the region;

(iii) coordinate police response to gang violence;

(iv) enhance officer safety;

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

(vi) forecast trends and respond accordingly; and

(vii) more easily solve crimes and prevent violence.

(e) Additional Assistant U.S. Attorneys- The Attorney General is authorized to hire 94 additional Assistant United States attorneys to carry out the provisions of this section. Each attorney hired under this subsection shall be assigned to a high intensity interstate gang activity area.

(f) Additional BATFE Inspectors and Agents- The Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, is authorized to hire 100 additional inspectors and 100 additional agents for the Bureau. Each inspector and agent hired under this subsection shall be assigned to a high intensity interstate gang activity area, for the purpose of assisting local law enforcement agencies to provide more accurate and complete reports to the Bureau of weapons used by gangs in the area.

(g) Authorization of Appropriations- There are authorized to be appropriated--

(1) $60,000,000 for each of the fiscal years 2006 through 2010 to carry out subsection (b);

(2) $7,500,000 for each of the fiscal years 2006 through 2010 to carry out subsection (e); and

(3) $20,000,000 for each of the fiscal years 2006 through 2010 to carry out subsection (f).

SEC. 202. GRANTS TO STATE AND LOCAL PROSECUTORS TO COMBAT VIOLENT CRIME AND TO PROTECT WITNESSES AND VICTIMS OF CRIMES.

(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;

`(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; and

`(7) to fund technology, equipment, and training for prosecutors to increase the accurate identification and successful prosecution of young violent offenders.'.

(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 2006 through 2010 to carry out this subtitle.'.

Passed the House of Representatives May 11, 2005.

Attest:

JEFF TRANDAHL,

Clerk.

END