HR 3547 - Gang Prevention, Intervention, and Suppression Act

HR 3547

110th CONGRESS
1st Session

H. R. 3547

To increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, to deter and punish violent gang crime, to protect law-abiding citizens and communities from violent criminals, to revise and enhance criminal penalties for violent crimes, to expand and improve gang prevention programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 17, 2007

Mr. SCHIFF (for himself, Mrs. BONO, Mr. MCNERNEY, Mr. LAMPSON, Mr. ARCURI, Mr. CHANDLER, and Mr. CUMMINGS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

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 Prevention, Intervention, and Suppression Act'.

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Findings.

TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL, INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT INTERSTATE AND FOREIGN COMMERCE

Sec. 101. Revision and extension of penalties related to criminal street gang activity.

TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE

Sec. 201. Murder and other violent crimes committed during and in relation to a drug trafficking crime.

Sec. 202. Expansion of rebuttable presumption against release of persons charged with firearms offenses.

Sec. 203. Statute of limitations for violent crimes and terrorism offenses.

Sec. 204. Study of hearsay exception for forfeiture by wrongdoing.

Sec. 205. Possession of firearms by dangerous felons.

Sec. 206. Conforming amendment.

Sec. 207. Amendments relating to violent crime.

Sec. 208. Publicity campaign about new criminal penalties and gang-related outreach.

Sec. 209. Predicate crimes for authorization of interception of wire, oral, and electronic communications.

Sec. 210. Clarification of Hobbs Act.

Sec. 211. Making personal information about certain witnesses and informants publicly available with unlawful intent.

Sec. 212. Prohibition on firearms possession based on valid gang injunction and conviction for gang-related misdemeanor.

Sec. 213. Granting the Attorney General the authority to deny the sale, delivery, or transfer of a firearm or the issuance of a firearms or explosives license or permit to dangerous terrorists.

Sec. 214. Amendment of sentencing guidelines.

TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES

Sec. 301. Designation of and assistance for high intensity gang activity areas.

Sec. 302. Gang prevention grants.

Sec. 303. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs.

Sec. 304. Additional resources needed by the Federal Bureau of Investigation to investigate and prosecute violent criminal street gangs.

Sec. 305. Grants to prosecutors and law enforcement to combat violent crime.

Sec. 306. Short-Term State Witness Protection Section.

Sec. 307. Witness protection services.

Sec. 308. Expansion of Federal witness relocation and protection program.

Sec. 309. Family abduction prevention grant program.

Sec. 310. Study on adolescent development and sentences in the Federal system.

TITLE IV--RESOURCES TO STRENGTHEN EMPLOYMENT AND EDUCATION OPPORTUNITIES FOR FORMER OFFENDERS

Sec. 401. Grants to assist juvenile offender reintegration projects.

Sec. 402. Employment and education grants to assist in reducing recidivism.

SEC. 3. FINDINGS.

Congress finds that--

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

(2) according to recent Federal Bureau of Investigation, Uniform Crime Reports, violent crime in the United States is on the rise, with a 2.3 percent increase in violent crime in 2005 (the largest increase in the United States in 15 years) and an even larger 3.7 percent jump during the first 6 months of 2006, and the Police Executive Research Forum reports that, among jurisdictions providing information, homicides are up 10.21 percent, robberies are up 12.27 percent, and aggravated assaults with firearms are up 9.98 percent since 2004;

(3) these disturbing rises in violent crime are attributable in part to the spread of criminal street gangs and the willingness of gang members to commit acts of violence and drug trafficking offenses;

(4) according to a recent National Drug Threat Assessment, criminal street gangs are responsible for much of the retail distribution of the cocaine, methamphetamine, heroin, and other illegal drugs being distributed in rural and urban communities throughout the United States;

(5) 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;

(6) gang presence and intimidation, and the organized and repetitive nature of the crimes that gangs and gang members commit, has a pernicious effect on the free flow of interstate commercial activities and directly affects the freedom and security of communities plagued by gang activity, diminishing the value of property, inhibiting the desire of national and multinational corporations to transact business in those communities, and in a variety of ways directly and substantially affecting interstate and foreign commerce;

(7) 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;

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

(9) gangs prey upon and incorporate minors into their ranks, exploiting the fact that adolescents have immature decision-making capacity, therefore, gang activity and recruitment can be reduced and deterred through increased vigilance, appropriate criminal penalties, partnerships between Federal and State and local law enforcement, and proactive prevention and intervention efforts, particularly targeted at juveniles and young adults, prior to and even during gang involvement;

(10) State and local prosecutors and law enforcement officers have enlisted the help of Congress in the prevention, investigation, and prosecution of gang crimes and in the protection of witnesses and victims of gang crimes; and

(11) because State and local prosecutors and law enforcement have the expertise, experience, and connection to the community that is needed to assist in combating gang violence, consultation and coordination between Federal, State, and local law enforcement and collaboration with other community agencies is critical to the successful prosecutions of criminal street gangs and reduction of gang problems.

TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL, INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT INTERSTATE AND FOREIGN COMMERCE

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. Definitions.

`522. Criminal street gang prosecutions.

`523. Recruitment of persons to participate in a criminal street gang.

`524. Forfeiture.

`Sec. 521. Definitions

`In this chapter:

`(1) CRIMINAL STREET GANG- The term `criminal street gang' means a formal or informal group, organization, or association of 5 or more individuals--

`(A) each of whom has committed at least 1 gang crime; and

`(B) who collectively commit 3 or more gang crimes (not less than 1 of which is a serious violent felony, and if fewer than 2 of which are serious violent felonies, not less than 1 of which is a violent felony) in furtherance of the group, organization, or association, in separate criminal episodes (not less than 1 of which occurs after the date of enactment of the Gang Prevention, Intervention, and Suppression Act, and the last of which occurs not later than 5 years after the commission of a prior gang crime).

`(2) GANG CRIME- The term `gang crime' means an offense under Federal law punishable by imprisonment for more than 1 year, or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more in any of the following categories:

`(A) A crime that has as an element the use, attempted use, or threatened use of physical force against the person of another, or is burglary, arson, kidnapping, or extortion.

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

`(C) A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise trafficking 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--

`(i) section 844 (relating to explosive materials);

`(ii) subsection (a)(1), (d), (g)(1) (where the underlying conviction is a violent felony or a serious drug offense (as those terms are defined in section 924(e)), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), (g)(11), (i), (j), (k), (n), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts);

`(iii) subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 (relating to penalties);

`(iv) section 930 (relating to possession of firearms and dangerous weapons in Federal facilities);

`(v) section 931 (relating to purchase, ownership, or possession of body armor by violent felons);

`(vi) sections 1028 and 1029 (relating to fraud, identity theft, and related activity in connection with identification documents or access devices);

`(vii) section 1084 (relating to transmission of wagering information);

`(viii) section 1952 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises);

`(ix) section 1956 (relating to the laundering of monetary instruments);

`(x) section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity); or

`(xi) 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 aliens for immoral purposes) of the Immigration and Nationality Act (8 U.S.C. 1324, 1327, and 1328).

`(F) Any crime involving aggravated sexual abuse, sexual assault, pimping or pandering involving prostitution, sexual exploitation of children (including sections 2251, 2251A, 2252 and 2260), peonage, slavery, or trafficking in persons (including sections 1581 through 1592) and sections 2421 through 2427 (relating to transport for illegal sexual activity).

`(3) MINOR- The term `minor' means an individual who is less than 18 years of age.

`(4) SERIOUS VIOLENT FELONY- The term `serious violent felony' has the meaning given that term in section 3559.

`(5) 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.

`(6) VIOLENT FELONY- The term `violent felony' means any offense that has as an element the use of physical force against the person of another, or is burglary, arson, kidnapping, or extortion, but is not a serious violent felony.

`Sec. 522. Criminal street gang prosecutions

`(a) Street Gang Crime- It shall be unlawful for any person to knowingly commit, or conspire (with any act to effect the object of the conspiracy), threaten, or attempt 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 a criminal street gang, or as consideration for anything of pecuniary value to or from a criminal street gang, if the activities of that criminal street gang occur in or affect interstate or foreign commerce.

`(b) Penalties-

`(1) COMMISSION; ATTEMPTS; CONSPIRACY LEADERS- Any person who commits, attempts to commit, or conspires to commit (and occupies a position of organizer, a supervisory position, or any other position of management within the criminal street gang for such conspiracy) an offense described under subsection (a) that is--

`(A) murder, kidnapping, or conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, shall be fined under this title and imprisoned for any term of years or for life;

`(B) any other serious violent felony, shall be fined under this title and imprisoned for not more than 30 years;

`(C) any violent felony, shall be fined under this title and imprisoned for not more than 20 years; and

`(D) not described in subparagraphs (A) through (C), shall be fined under this title and imprisoned for not more than 10 years.

`(2) OTHER CONSPIRACY MEMBERS- Any person who conspires to commit (and who does not occupy a position of organizer, a supervisory position, or any other position of management within the criminal street gang for such conspiracy) an offense described under subsection (a) that is--

`(A) murder, shall be fined under this title and imprisoned for not more than 25 years; and

`(B) any other serious violent felony or violent felony, shall be fined under this title and imprisoned for not more than 15 years.

`(3) THREATS- Any person who threatens to commit an offense described under subsection (a) that is--

`(A) described in subparagraphs (A) through (C) of paragraph (1), shall be fined under this title and imprisoned for not more than 10 years; and

`(B) not described in such subparagraphs, shall be fined under this title and imprisoned for not more than 8 years.

`Sec. 523. Recruitment of persons to participate in a criminal street gang

`(a) Prohibited Acts- It shall be unlawful to knowingly recruit, employ, solicit, induce, command, coerce, or cause another person to be or remain as a member of a criminal street gang, or attempt or conspire to do so (with any act to effect the object of the conspiracy), with the intent to cause that person to participate in a gang crime, if the defendant travels in interstate or foreign commerce in the course of the offense, or if the activities of that criminal street gang are in or affect interstate or foreign commerce.

`(b) Penalties- Whoever violates subsection (a) shall--

`(1) with respect to a person who is over 18 years of age and who recruited, employed, solicited, induced, commanded, coerced, or caused a minor to participate or remain in a criminal street gang (or conspired to do so while occupying a position of organizer, a supervisory position, or any other position of management in such conspiracy)--

`(A) be fined under this title, imprisoned not more than 10 years, or both; and

`(B) at the discretion of the sentencing judge, be liable for any costs incurred by the Federal Government, or by any State or local government, for housing, maintaining, and treating the minor until the person attains the age of 18 years;

`(2) with respect to a person who induces, commands, or coerces the participation or remaining in a criminal street gang of another person (or conspires to do so while occupying a position of organizer, a supervisory position, or any other position of management in such conspiracy) while incarcerated, be fined under this title, imprisoned not more than 10 years, or both;

`(3) with respect to a person who conspires to commit an offense described in paragraph (1) or (2) (but who does not occupy a position of organizer, a supervisory position, or any other position of management in such conspiracy), be fined under this title, imprisoned not more than 7 years, or both;

`(4) with respect to a person who violates such subsection and is not described in paragraph (1), (2), or (3), (other than a person described in paragraph (5)), be fined under this title, imprisoned not more than 5 years, or both; and

`(5) with respect to a person who conspires to commit an offense which violates such subsection and is not described in paragraph (1), (2), or (3) (but who does not occupy a position of organizer, a supervisory position, or any other position of management in such conspiracy), be fined under this title, imprisoned not more than 3 years, or both.

`(c) Consecutive Nature of Penalties- Any term of imprisonment imposed under subsection (b)(2) shall be consecutive to any term imposed for any other offense.

`Sec. 524. Forfeiture

`(a) Criminal Forfeiture- A person who is convicted of a violation of this chapter shall forfeit to the United States--

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

`(2) any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the violation.

`(b) Procedures Applicable- Pursuant to section 2461(c) of title 28, the provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853), except subsections (a) and (d) of that section, shall apply to the criminal forfeiture of property under this section.'.

(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' and inserting `chapter 26, chapter 46, or'.

(c) Money Laundering- Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting `, section 522 (relating to criminal street gang prosecutions), and 523 (relating to recruitment of persons to participate in a criminal street gang)' before `, section 541'.

(d) 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'.

TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE

SEC. 201. 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:

`SEC. 424. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME.

`(a) In General- Whoever, during and in relation to any drug trafficking crime, knowingly commits any crime of violence against any individual that is an offense under Federal law punishable by imprisonment for more than 1 year or a felony offense under State law that is punishable by a term of imprisonment of 5 years or more, or threatens, attempts or conspires to do so, shall be punished by a fine under title 18, United States Code, and--

`(1) for murder, kidnapping, or conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, by imprisonment for any term of years or for life;

`(2) for a serious violent felony (as defined in section 3559 of title 18, United States Code) other than a felony described in paragraph (1), by imprisonment for not more than 30 years;

`(3) for a crime of violence that is not a serious violent felony, by imprisonment for not more than 20 years;

`(4) for conspiring to commit a crime of violence, by imprisonment for not more than 10 years; and

`(5) for threatening to commit a crime of violence, by imprisonment for not more than 8 years.

`(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- In this section--

`(1) the term `crime of violence' means an offense that has as an element the use of physical force against the person of another; 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 (Public Law 91-513; 84 Stat. 1236) 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. 202. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS CHARGED WITH FIREARMS OFFENSES.

Section 3142(e) of title 18, United States Code, is amended in the matter following paragraph (3), by inserting after `that the person committed' the following: `an offense under subsection (g)(1) (where the underlying conviction is a drug trafficking crime or crime of violence (as those terms are defined in section 924(c))), (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), or (g)(11) of section 922,'.

SEC. 203. STATUTE OF LIMITATIONS FOR VIOLENT CRIMES AND TERRORISM OFFENSES.

(a) Statute of Limitations for Violent Crimes- Chapter 213 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 3299A. 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 8 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:

`3299A. Violent crime offenses.'.

(1) in the subsection heading, by striking `Eight-Year' and inserting `Ten-Year'; and

(2) in the first sentence, by striking `8 years' and inserting `10 years'.

SEC. 204. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.

The Judicial Conference of the United States shall study section 804(b) of the Federal Rules of Evidence to determine the necessity and desirability of amending that section, including the possible expansion of section 804(b)(6), and shall make modifications as the Judicial Conference sees fit.

SEC. 205. POSSESSION OF FIREARMS BY DANGEROUS FELONS.

(a) In General- Section 924(e) of title 18, United States Code, is amended by striking paragraph (1) and inserting the following:

`(1) A person who violates subsection (d) or (g) of section 922 of this title and has previously been convicted by any court referred to in section 922(g)(1) of a violent felony or a serious drug offense shall--

`(A) in the case of 1 such prior conviction, where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for that conviction, be imprisoned for not more than 15 years, fined under this title, or both;

`(B) in the case of 2 such prior convictions, committed on occasions different from one another, and where a period of not more than 10 years has elapsed since the later of the date of conviction and the date of release of the person from imprisonment for the most recent such conviction, be imprisoned for not more than 20 years, fined under this title, or both; and

`(C) in the case of 3 such prior convictions, committed on occasions different from one another, and where a period of not more than 10 years has elapsed since the later of date of conviction and the date of release of the person from imprisonment for the most recent such conviction--

`(i) in the case of a person who violates subsection (d) of such section 922, be imprisoned for any term of years or for life and fined under this title, and notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under such subsection (d); or

`(ii) in the case of a person who violates subsection (g) of such section 922, be imprisoned not less than fifteen years or for life and fined under this title and, notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, such person with respect to the conviction under such subsection (g).'.

(b) Amendment to Sentencing Guidelines- Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the Federal Sentencing Guidelines to provide for an appropriate increase in the offense level for violations of section 922(g) of title 18, United States Code, in accordance with section 924(e) of that title 18, as amended by subsection (a).

SEC. 206. CONFORMING AMENDMENT.

The matter preceding paragraph (1) in section 922(d) of title 18, United States Code, is amended by inserting `, transfer,' after `sell'.

SEC. 207. AMENDMENTS RELATING TO VIOLENT CRIME.

Section 924(h) of title 18, United States Code, is amended to read as follows:

`(h) Whoever knowingly transfers a firearm that has moved in or that otherwise affects interstate or foreign commerce, knowing that the firearm will be used to commit, or possessed in furtherance of, a crime of violence (as defined in subsection (c)(3)) or drug trafficking crime (as defined in subsection (c)(2)) shall be fined under this title and imprisoned not more than 20 years.'.

SEC. 208. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL PENALTIES AND GANG-RELATED OUTREACH.

(a) Media Campaigns- The Attorney General is authorized to conduct media campaigns in any area designated as a high intensity gang activity area under section 301 and any area with existing and emerging problems with gangs, as needed, to--

(1) educate individuals in that area about the changes in criminal penalties made by this Act; and

(2) provide information to individuals in that area about service providers in the community that provide gang-involved or at-risk youth with positive alternatives to gangs and other violent groups and that address the needs of those who leave gangs and other violent groups and those reentering society from prison (including service providers experienced at reaching youth and adults who have been involved in violence and violent gangs or groups).

(b) Report- The Attorney General shall report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives the amount of expenditures and all other aspects of the media campaigns conducted under this section.

(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 2008 through 2012.

SEC. 209. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.

Section 2516(1) of title 18, United States Code, is amended--

(1) by striking `or' and the end of paragraph (r);

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

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

`(s) any violation of section 424 of the Controlled Substances Act (relating to murder and other violent crimes in furtherance of a drug trafficking crime);

`(t) any violation of section 522 or 523; or'.

SEC. 210. CLARIFICATION OF HOBBS ACT.

Section 1951(b) of title 18, United States Code, is amended--

(1) in paragraph (1), by inserting `including the unlawful impersonation of a law enforcement officer (as that term is defined in section 245(c) of this title),' after `by means of actual or threatened force,'; and

(2) in paragraph (2), by inserting `including the unlawful impersonation of a law enforcement officer (as that term is defined in section 245(c) of this title),' after `by wrongful use of actual or threatened force,'.

SEC. 211. MAKING PERSONAL INFORMATION ABOUT CERTAIN WITNESSES AND INFORMANTS PUBLICLY AVAILABLE WITH UNLAWFUL INTENT.

(a) Offense- Whoever knowingly makes restricted personal information about a covered individual, or a member of the immediate family of that covered individual, publicly available in or affecting interstate or foreign commerce--

(1) with the intent to threaten, intimidate, or incite the commission of a crime of violence against that covered individual, or a member of the immediate family of that covered individual; or

(2) with the intent that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against that covered individual, or a member of the immediate family of that covered individual;

shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both.

(b) Definitions- In this section--

(1) the term `restricted personal information' means, with respect to an individual, the Social Security number, the home address, home phone number, mobile phone number, personal email, or home fax number of that individual;

(2) the term `covered individual' means a witness or informant in a Federal or State criminal investigation or prosecution;

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

(4) the term `immediate family' has the meaning given that term in section 115(c)(2) of title 18, United States Code.

SEC. 212. PROHIBITION ON FIREARMS POSSESSION BASED ON VALID GANG INJUNCTION AND CONVICTION FOR GANG-RELATED MISDEMEANOR.

(a) In General- Section 922(g) of title 18, United States Code, is amended--

(1) in paragraph (8), by striking `or' at the end;

(2) in paragraph (9), by striking the comma at the end and inserting a semicolon;

(3) by inserting after paragraph (9) the following:

`(10) who has been convicted in any court of a misdemeanor gang-related offense; or

`(11) who otherwise has, within the last 5 years, been found by any court to be in contempt of a gang injunction order, so long as the finding of contempt was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate and challenge the sufficiency of process and the constitutional validity of the underlying gang injunction order,'.

(b) Definition- Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

`(36)(A) The term `misdemeanor gang-related offense' means an offense that--

`(i) is a misdemeanor under Federal, State, or Tribal law; and

`(ii) has, as an element, the membership of the defendant in a criminal street gang, illegal association with a criminal street gang, or participation in a criminal street gang activity.

`(B)(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless--

`(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and

`(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried--

`(aa) the case was tried by a jury; or

`(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

`(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

`(37) The term `gang injunction order' means a court order that--

`(A) names the defendant as a member of a criminal street gang; and

`(B) restrains the defendant from associating with other gang members.'.

SEC. 213. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE, DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS TERRORISTS.

(a) Standard for Exercising Attorney General Discretion Regarding Transferring Firearms or Issuing Firearms Permits to Dangerous Terrorists- Chapter 44 of title 18, United States Code, is amended--

(1) by inserting the following new section after section 922:

`Sec. 922A. Attorney General's discretion to deny transfer of a firearm

`The Attorney General may deny the transfer of a firearm pursuant to section 922(t)(1)(B)(ii) if the Attorney General determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism.';

(2) by inserting the following new section after section 922A:

`Sec. 922B. Attorney General's discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3)

`The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922(t) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'; and

(3) in section 921(a), by adding at the end the following:

`(36) The term `terrorism' means `international terrorism' as defined in section 2331(1), and `domestic terrorism' as defined in section 2331(5).

`(37) The term `material support' means `material support or resources' within the meaning of section 2339A or 2339B.

`(38) The term `responsible person' means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms.'.

(b) Effect of Attorney General Discretionary Denial Through the National Instant Criminal Background Check System (NICS) on Firearms Permits- Section 922(t) of such title is amended--

(1) in paragraph (1)(B)(ii), by inserting `or State law, or that the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A' before the semicolon;

(2) in paragraph (2), by inserting after `or State law' the following: `or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A';

(3) in paragraph (3)(A)(i)--

(A) by striking `and' at the end of subclause (I); and

(B) by adding at the end the following:

`(III) was issued after a check of the system established pursuant to paragraph (1);';

(4) in paragraph (3)(A)--

(A) by adding `and' at the end of clause (ii); and

(B) by adding after and below the end the following:

`(iii) the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B;';

(5) in paragraph (4), by inserting after `or State law,' the following: `or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A,'; and

(6) in paragraph (5), by inserting after `or State law,' the following: `or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A,'.

(c) Unlawful Sale or Disposition of Firearm Based on Attorney General Discretionary Denial- Section 922(d) of such title is amended--

(1) by striking `or' at the end of paragraph (8);

(2) by striking the period at the end of paragraph (9) and inserting `; or';

(3) by inserting after paragraph (9) the following:

`(10) has been the subject of a determination by the Attorney General pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.'.

(d) Attorney General Discretionary Denial as Prohibitor- Section 922(g) of such title is amended--

(1) by striking `or' at the end of paragraph (8);

(2) by striking the comma at the end of paragraph (9) and inserting; `; or'; and

(3) by inserting after paragraph (9) the following:

`(10) who has received actual notice of the Attorney General's determination made pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title.'.

(e) Attorney General Discretionary Denial of Federal Firearms Licenses- Section 923(d)(1) of such title is amended--

(1) by striking `Any' and inserting `Except as provided in subparagraph (H), any';

(2) in subparagraph (F)(iii), by striking `and' at the end;

(3) in subparagraph (G) by striking the period and inserting `; and'; and

(4) by adding at the end the following:

`(H) The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'.

(f) Discretionary Revocation of Federal Firearms Licenses- Section 923(e) of such title is amended--

(1) in the 1st sentence--

(A) by inserting after `revoke' the following: `--(1)'; and

(B) by striking the period and inserting a semicolon;

(2) in the 2nd sentence--

(A) by striking `The Attorney General may, after notice and opportunity for hearing, revoke' and insert `(2)'; and

(B) by striking the period and inserting `; or'; and

(3) by adding at the end the following:

`(3) any license issued under this section if the Attorney General determines that the holder of the license (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism.'.

(g) Attorney General's Ability To Withhold Information in Firearms License Denial and Revocation Suit- Section 923(f) of such title is amended--

(1) in the 1st sentence of paragraph (1), by inserting `, except that if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information on which the Attorney General relied for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security' before the period; and

(2) in paragraph (3), by inserting after the 3rd sentence the following: `With respect to any information withheld from the aggrieved party under paragraph (1), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.

(h) Attorney General's Ability To Withhold Information in Relief From Disabilities Lawsuits- Section 925(c) of such title is amended by inserting after the 3rd sentence the following: `If receipt of a firearms by the person would violate section 922(g)(10), any information which the Attorney General relied on for this determination may be withheld from the applicant if the Attorney General determines that disclosure of the information would likely compromise national security. In responding to the petition, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.

(i) Penalties- Section 924(k) of such title is amended--

(1) by striking `or' at the end of paragraph (2);

(2) in paragraph (3), by striking `, or' and inserting `; or'; and

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

`(4) constitutes an act of terrorism (as defined in section 921(a)(36)), or material support thereof (as defined in section 921(a)(37)), or'.

(j) Remedy for Erroneous Denial of Firearm or Firearm Permit Exemption- Section 925A of such title is amended--

Remedy for erroneous denial of firearm

Remedies

(2) by striking `Any person denied a firearm pursuant to subsection (s) or (t) of section 922' and inserting the following:

`(a) Except as provided in subsection (b), any person denied a firearm pursuant to section 922(t) or pursuant to a determination made under section 922B,'; and

(3) by adding after and below the end the following:

`(b) In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A or has made a determination regarding a firearm permit applicant pursuant to section 922B, an action challenging the determination may be brought against the United States. The petition must be filed not later than 60 days after the petitioner has received actual notice of the Attorney General's determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General's determination on a showing by the United States by a preponderance of evidence that the Attorney General's determination satisfied the requirements of section 922A or 922B. To make this showing, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. On request of the petitioner or the court's own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General's determination satisfies the requirements of section 922A or 922B.'.

(k) Provision of Grounds Underlying Ineligibility Determination by the National Instant Criminal Background Check System- Section 103 of the Brady Handgun Violence Prevention Act (Public Law 103-159) is amended--

(1) in subsection (f)--

(A) by inserting after `is ineligible to receive a firearm,' the following: `or the Attorney General has made a determination regarding an applicant for a firearm permit pursuant to section 922B of title 18, United States Code'; and

(B) by inserting after `the system shall provide such reasons to the individual,' the following: `except for any information the disclosure of which the Attorney General has determined would likely compromise national security'; and

(2) in subsection (g)--

(A) in the 1st sentence, by inserting after `subsection (g) or (n) of section 922 of title 18, United States Code or State law' the following: `or if the Attorney General has made a determination pursuant to section 922A or 922B of such title,';

(B) by inserting `, except any information the disclosure of which the Attorney General has determined would likely compromise national security' before the period; and

(C) by adding at the end the following: `Any petition for review of information withheld by the Attorney General under this subsection shall be made in accordance with section 925A of title 18, United States Code.'.

(l) Unlawful Distribution of Explosives Based on Attorney General Discretionary Denial- Section 842(d) of such title is amended--

(1) by striking the period at the end of paragraph (9) and inserting `; or'; and

(2) by adding at the end the following:

`(10) has received actual notice of the Attorney General's determination made pursuant to section 843(b)(8) or (d)(2) of this title.'.

(m) Attorney General Discretionary Denial as Prohibitor- Section 842(i) of such title is amended--

(1) by adding `or' at the end of paragraph (7); and

(2) by inserting after paragraph (7) the following:

`(8) who has received actual notice of the Attorney General's determination made pursuant to section 843(b)(8) or (d)(2),'.

(n) Attorney General Discretionary Denial of Federal Explosives Licenses and Permits- Section 843(b) of such title is amended--

(1) by striking `Upon' and inserting the following: `Except as provided in paragraph (8), on'; and

(2) by inserting after paragraph (7) the following:

`(8) The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.'.

(o) Attorney General Discretionary Revocation of Federal Explosives Licenses and Permits- Section 843(d) of such title is amended--

(1) by inserting `(1)' in the first sentence after `if';

(2) by striking the period at the end of the first sentence and inserting the following: `; or (2) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism.'.

(p) Attorney General's Ability To Withhold Information in Explosives License and Permit Denial and Revocation Suits- Section 843(e) of such title is amended--

(1) in the 1st sentence of paragraph (1), by inserting `except that if the denial or revocation is based on a determination under subsection (b)(8) or (d)(2), then any information which the Attorney General relied on for the determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security' before the period.

(2) in paragraph (2), by adding at the end the following: `In responding to any petition for review of a denial or revocation based on a determination under section 843(b)(8) or (d)(2), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security.'.

(q) Ability To Withhold Information in Communications to Employers- Section 843(h)(2) of such title is amended--

(1) in subparagraph (A), by inserting `or section 843(b)(1) (on grounds of terrorism) of this title,' after `section 842(i),'; and

(2) in subparagraph (B)--

(A) by inserting `or section 843(b)(8)' after `section 842(i)'; and

(B) in clause (ii), by inserting `, except that any information that the Attorney General relied on for a determination pursuant to section 843(b)(8) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security' before the semicolon.

(r) Conforming Amendment to Immigration and Nationality Act- Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii) is amended by striking ` or (5)' and inserting `(5), or (10)'.

SEC. 214. AMENDMENT OF SENTENCING GUIDELINES.

(a) In General- Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and policy statements to conform with this title and the amendments made by this title.

(b) Requirements- In carrying out this section, the United States Sentencing Commission shall--

(1) establish new guidelines and policy statements, as warranted, in order to implement new or revised criminal offenses under this title and the amendments made by this title;

(2) consider the extent to which the guidelines and policy statements adequately address--

(A) whether the guidelines offense levels and enhancements--

(i) are sufficient to deter and punish such offenses; and

(ii) are adequate in view of the statutory increases in penalties contained in this title and the amendments made by this title; and

(B) whether any existing or new specific offense characteristics should be added to reflect congressional intent to increase penalties for the offenses set forth in this title and the amendments made by this title;

(3) consider whether specific offense characteristics should be added to increase the guideline range--

(A) by additional offense levels, if a criminal defendant committing a gang crime or gang recruiting offense was an alien who was present in the United States in violation of section 275 or 276 of the Immigration and Nationality Act (8 U.S.C. 1325 and 1326) at the time the offense was committed; and

(B) by further additional offense levels, if such defendant had also previously been ordered removed or deported under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on the grounds of having committed a crime;

(4) determine under what circumstances a sentence of imprisonment imposed under this title or the amendments made by this title shall run consecutively to any other sentence of imprisonment imposed for any other crime, except that the Commission shall ensure that a sentence of imprisonment imposed under section 424 of the Controlled Substances Act (21 U.S.C. 841 et seq.), as added by this Act, shall run consecutively, to an extent that the Sentencing Commission determines appropriate, to the sentence imposed for the underlying drug trafficking offense;

(5) account for any aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;

(6) ensure reasonable consistency with other relevant directives, other sentencing guidelines, and statutes;

(7) make any necessary and conforming changes to the sentencing guidelines and policy statements; and

(8) ensure that the guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code.

TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES

SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH INTENSITY GANG ACTIVITY AREAS.

(a) Definitions- In this section:

(1) GOVERNOR- The term `Governor' means a Governor of a State, the Mayor of the District of Columbia, the tribal leader of an Indian tribe, or the chief executive of a Commonwealth, territory, or possession of the United States.

(2) HIGH INTENSITY GANG ACTIVITY AREA- The term `high intensity gang activity area' or `HIGAA' means an area within 1 or more States or Indian country that is designated as a high intensity gang activity area under subsection (b)(1).

(3) INDIAN COUNTRY- The term `Indian country' has the meaning given the term in section 1151 of title 18, United States Code.

(4) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)).

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

(6) TRIBAL LEADER- The term `tribal leader' means the chief executive officer representing the governing body of an Indian tribe.

(b) High Intensity Gang Activity Areas-

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

(2) ASSISTANCE- In order to provide Federal assistance to high intensity gang activity areas, the Attorney General shall--

(A) establish local collaborative working groups, which shall include--

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

(ii) educational, community, and faith leaders in the area;

(iii) service providers in the community, including those experienced at reaching youth and adults who have been involved in violence and violent gangs or groups, to provide gang-involved or seriously at-risk youth with positive alternatives to gangs and other violent groups and to address the needs of those who leave gangs and other violent groups, and those reentering society from prison; and

(iv) evaluation teams to research and collect information, assess data, recommend adjustments, and generally assure the accountability and effectiveness of program implementation;

(B) direct the reassignment or detailing from any Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) of personnel to each criminal street gang enforcement team;

(i) the Department of Justice;

(ii) the Department of Education;

(iii) the Department of Labor;

(iv) the Department of Health and Human Services;

(v) the Department of Housing and Urban Development; and

(vi) any other Federal department or agency;

(subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) to each high intensity gang activity area to identify and coordinate efforts to access Federal programs and resources available to provide gang prevention, intervention, and reentry assistance;

(D) prioritize and administer the Federal program and resource requests made by the local collaborative working group established under subparagraph (A) for each high intensity gang activity area;

(E) provide all necessary funding for the operation of each local collaborative working group in each high intensity gang activity area; and

(F) provide all necessary funding for national and regional meetings of local collaborative working groups, criminal street gang enforcement teams, and educational, community, social service, faith-based, and all other related organizations, as needed, to ensure effective operation of such teams through the sharing of intelligence and best practices and for any other related purpose.

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

(A) the Federal Bureau of Investigation;

(B) the Drug Enforcement Administration;

(D) the United States Marshals Service;

(E) the Department of Homeland Security;

(F) the Department of Housing and Urban Development;

(G) State, local, and, where appropriate, tribal law enforcement;

(H) Federal, State, and local prosecutors; and

(I) the Bureau of Indian Affairs, Office of Law Enforcement Services, where appropriate.

(4) CRITERIA FOR DESIGNATION- In considering an area for designation as a high intensity gang activity area under this section, the Attorney General shall consider--

(A) the current and predicted levels of gang crime activity in the area;

(B) the extent to which qualitative and quantitative data indicate that violent crime in the area is related to criminal street gang activity, such as murder, robbery, assaults, carjacking, arson, kidnapping, extortion, drug trafficking, and other criminal activity;

(C) the extent to which State, local, and, where appropriate, tribal law enforcement agencies, schools, community groups, social service agencies, job agencies, faith-based organizations, and other organizations have committed resources to--

(i) respond to the gang crime problem; and

(ii) participate in a gang enforcement team;

(D) the extent to which a significant increase in the allocation of Federal resources would enhance local response to the gang crime activities in the area;

(E) whether the area--

(i) has a comprehensive strategy to respond to local gang-related issues (including prevention and intervention);

(ii) coordinates Federal actions and resources to support local implementation of such comprehensive strategy; and

(iii) maximizes the resources available from the various levels of government for responding to gang-related issues; and

(F) any other criteria that the Attorney General considers to be appropriate.

(5) RELATION TO HIDTAS- If the Attorney General establishes a high intensity gang activity area that substantially overlaps geographically with any existing high intensity drug trafficking area (in this section referred to as a `HIDTA'), the Attorney General shall direct the local collaborative working group for that high intensity gang activity area to enter into an agreement with the Executive Board for that HIDTA, providing that--

(A) the Executive Board of that HIDTA shall establish a separate high intensity gang activity area law enforcement steering committee, and select (with a preference for Federal, State, and local law enforcement agencies that are within the geographic area of that high intensity gang activity area) the members of that committee, subject to the concurrence of the Attorney General;

(B) the high intensity gang activity area law enforcement steering committee established under subparagraph (A) shall administer the funds provided under subsection (g)(1) for the criminal street gang enforcement team, after consulting with, and consistent with the goals and strategies established by, that local collaborative working group;

(C) the high intensity gang activity area law enforcement steering committee established under subparagraph (A) shall select, from Federal, State, and local law enforcement agencies within the geographic area of that high intensity gang activity area, the members of the Criminal Street Gang Enforcement Team, in accordance with paragraph (3); and

(D) the Criminal Street Gang Enforcement Team of that high intensity gang activity area, and its law enforcement steering committee, may, with approval of the Executive Board of the HIDTA with which it substantially overlaps, utilize the intelligence-sharing, administrative, and other resources of that HIDTA.

(1) IN GENERAL- Not later than December 1 of each year, the Attorney General shall submit a report to the appropriate committees of Congress and the Director of the Office of Management and Budget and the Domestic Policy Council that describes, for each designated high intensity gang activity area--

(A) the specific long-term and short-term goals and objectives;

(B) the measurements used to evaluate the performance of the high intensity gang activity area in achieving the long-term and short-term goals;

(D) the number and nature of crimes committed by gangs and gang members;

(E) the definition of the term `gang' used to compile that report; and

(F) the programmatic outcomes and funding needs of the high intensity gang area, including--

(i) an evidence-based analysis of the best practices and outcomes from the work of the relevant local collaborative working group; and

(ii) an analysis of whether Federal resources distributed meet the needs of the high intensity gang activity area and, if any programmatic funding shortfalls exist, recommendations for programs or funding to meet such shortfalls.

(2) APPROPRIATE COMMITTEES- In this subsection, the term `appropriate committees of Congress' means--

(A) the Committee on the Judiciary, the Committee on Appropriations, and the Committee on Health, Education, Labor, and Pensions of the Senate; and

(B) the Committee on the Judiciary, the Committee on Appropriations, the Committee on Education and Labor, and the Committee on Energy and Commerce of the House of Representatives.

(d) Additional Assistant United States Attorneys- The Attorney General is authorized to hire 94 additional Assistant United States attorneys, and nonattorney coordinators and paralegals as necessary, to carry out the provisions of this section.

(e) Additional Defense Counsel- In each of the fiscal years 2008 through 2012, the Director of the Administrative Office of the United States Courts is authorized to hire 71 additional attorneys, nonattorney coordinators, and investigators, as necessary, in Federal Defender Programs and Federal Community Defender Organizations, and to make additional payments as necessary to retain appointed counsel under section 3006A of title 18, United States Code, to adequately respond to any increased or expanded caseloads that may occur as a result of this Act or the amendments made by this Act. Funding under this subsection shall not exceed the funding levels under subsection (d).

(f) National Gang Research, Evaluation, and Policy Institute-

(1) IN GENERAL- The Office of Justice Programs of the Department of Justice, after consulting with relevant law enforcement officials, practitioners and researchers, shall establish a National Gang Research, Evaluation, and Policy Institute (in this subsection referred to as the `Institute').

(2) ACTIVITIES- The Institute shall--

(A) promote and facilitate the implementation of data-driven, effective gang violence suppression, prevention, intervention, and reentry models, such as the Operation Ceasefire model, the Strategic Public Health Approach, the Gang Reduction Program, or any other promising municipally driven, comprehensive community-wide strategy that is demonstrated to be effective in reducing gang violence;

(B) assist jurisdictions by conducting timely research on effective models and designing and promoting implementation of effective local strategies, including programs that have objectives and data on how they reduce gang violence (including shootings and killings), using prevention, outreach, and community approaches, and that demonstrate the efficacy of these approaches; and

(3) NATIONAL CONFERENCE- Not later than 90 days after the date of its formation, the Institute shall design and conduct a national conference to reduce and prevent gang violence, and to teach and promote gang violence prevention, intervention, and reentry strategies. The conference shall be attended by appropriate representatives from criminal street gang enforcement teams, and local collaborative working groups, including representatives of educational, community, religious, and social service organizations, and gang program and policy research evaluators.

(4) NATIONAL DEMONSTRATION SITES- Not later than 120 days after the date of its formation, the Institute shall select appropriate HIGAA areas to serve as primary national demonstration sites, based on the nature, concentration, and distribution of various gang types, the jurisdiction's established capacity to integrate prevention, intervention, reentry and enforcement efforts, and the range of particular gang-related issues. After establishing primary national demonstration sites, the Institute shall establish such other secondary sites, to be linked to and receive evaluation, research, and technical assistance through the primary sites, as it may determine appropriate.

(5) DISSEMINATION OF INFORMATION- Not later than 180 days after the date of its formation, the Institute shall develop and begin dissemination of information about methods to effectively reduce and prevent gang violence, including guides, research and assessment models, case studies, evaluations, and best practices. The Institute shall also create a website, designed to support the implementation of successful gang violence prevention models, and disseminate appropriate information to assist jurisdictions in reducing gang violence.

(6) GANG INTERVENTION ACADEMIES- Not later than 6 months after the date of its formation, the Institute shall, either directly or through contracts with qualified nonprofit organizations, establish not less than 1 training academy, located in a high intensity gang activity area, to promote effective gang intervention and community policing. The purposes of an academy established under this paragraph shall be to increase professionalism of gang intervention workers, improve officer training for working with gang intervention workers, create best practices for independent cooperation between officers and intervention workers, and develop training for community policing.

(7) SUPPORT- The Institute shall obtain initial and continuing support from experienced researchers and practitioners, as it determines necessary, to test and assist in implementing its strategies nationally, regionally, and locally.

(8) RESEARCH AGENDA- The Institute shall establish and implement a core research agenda designed to address areas of particular challenge, including--

(A) how best to apply and continue to test the models described in paragraph (2) in particularly large jurisdictions;

(B) how to foster and maximize the continuing impact of community moral voices in this context;

(C) how to ensure the long-term sustainability of reduced violent crime levels once initial levels of enthusiasm may subside; and

(D) how to apply existing intervention frameworks to emerging local, regional, national, or international gang problems, such as the emergence of the gang known as MS-13.

(9) EVALUATION- The National Institute of Justice shall evaluate, on a continuing basis, comprehensive gang violence prevention, intervention, suppression, and reentry strategies supported by the Institute, and shall report the results of these evaluations by no later than October 1 each year to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

(10) FUNDS- The Attorney General shall use not less than 3 percent, and not more than 5 percent, of the amounts made available under this section to establish and operate the Institute.

(g) Gang Suppression Information Grants-

(1) 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--

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

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

(2) GRANT REQUIREMENTS-

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

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

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

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

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

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

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

(h) Use of Funds- Of amounts made available to a local collaborative working group under this section for each fiscal year that are remaining after the costs of hiring a full time coordinator for the local collaborative effort, funds shall be used as follows:

(1) GANG ENFORCEMENT AND RESEARCH FUNDING- Fifty percent of the funds shall be used--

(A) for the operation of criminal street gang enforcement teams;

(B) for gang suppression information grants under subsection (g);

(D) to support and provide technical assistance to research in criminal justice, social services, and community gang violence prevention collaborations.

(2) GANG PREVENTION FUNDING- Fifty percent of the funds shall be used to provide at-risk youth with positive alternatives to gangs and other violent groups and to address the needs of those who leave gangs and other violent groups through--

(A) service providers in the community, including schools and school districts; and

(B) faith leaders and other individuals experienced at reaching youth who have been involved in violence and violent gangs or groups.

(i) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2008 through 2012. Any funds made available under this subsection shall remain available until expended.

SEC. 302. GANG PREVENTION GRANTS.

(a) Authority To Make Grants-

(1) GRANTS AUTHORIZED- The Office of Justice Programs of the Department of Justice may make grants, in accordance with such regulations as the Attorney General may prescribe, to States, units of local government, tribal governments, and qualified private entities, to develop community-based programs that provide crime prevention, research, and intervention services that are designed for gang members and at-risk youth.

(2) SELECTION PRIORITY- In selecting entities to receive grants under this section, the Office of Justice Programs shall give priority to entities that--

(A) have a comprehensive strategy to carry out community-based programs described in paragraph (1) to respond to local gang-related issues (including prevention and intervention), or, with respect to States or qualified private entities that are not able to carry out such a strategy in a local community, coordinate with a local entity in such community to carry out the comprehensive strategy of such local entity;

(B) coordinate Federal actions and resources to support local implementation of such comprehensive strategies; and

(b) Use of Grant Amounts- A grant under this section may be used (including through subgrants) for--

(1) preventing initial gang recruitment and involvement among younger teenagers;

(2) reducing gang involvement through nonviolent and constructive activities, such as community service programs, development of nonviolent conflict resolution skills, employment and legal assistance, family counseling, and other safe, community-based alternatives for high-risk youth;

(3) developing in-school and after-school gang safety, control, education, and resistance procedures and programs;

(4) identifying and addressing early childhood risk factors for gang involvement, including parent training and childhood skills development;

(5) identifying and fostering protective factors that buffer children and adolescents from gang involvement;

(6) developing and identifying investigative programs designed to deter gang recruitment, involvement, and activities through effective intelligence gathering;

(7) developing programs and youth centers for first-time nonviolent offenders facing alternative penalties, such as mandated participation in community service, restitution, counseling, and education and prevention programs;

(8) implementing regional, multidisciplinary approaches to combat gang violence though coordinated programs for prevention and intervention (including street outreach programs and other peacemaking activities) or coordinated law enforcement activities that enhance reintegration strategies for offender reentry; or

(9) identifying at-risk and high-risk students through home visits organized through joint collaborations between law enforcement, faith-based organizations, schools, and social workers.

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

(2) CONSULTATION AND COOPERATION- Each recipient of a grant under this section shall have in effect on the date of the application by that entity agreements to consult and cooperate with local, State, or Federal law enforcement and participate, as appropriate, in coordinated efforts to reduce gang activity and violence.

(d) Annual Reports-

(1) RECIPIENTS- 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--

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

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

(D) evidence of consultation and cooperation with local, State, or Federal law enforcement or, if the grant recipient is a government entity, evidence of consultation with an organization engaged in any activity described in subsection (b); and

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

(2) ATTORNEY GENERAL- Not later than one year after the date of the enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report, based on the reports submitted under paragraph (1), identifying the best practices of grant recipients under this section for responding to gang-related issues, and important research relating to such best practices and issues. The Attorney General shall make such report publicly available.

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

(f) Authorization of Appropriations- There are authorized to be appropriated for grants under this section $50,000,000 for each of the fiscal years 2008 through 2012.

SEC. 303. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT GANGS.

(a) In General- While maintaining the focus of Project Safe Neighborhoods as a comprehensive, strategic approach to reducing gun violence in America, the Attorney General is authorized to 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; and

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

(b) Additional Staff for Project Safe Neighborhoods-

(1) IN GENERAL- The Attorney General may hire Assistant United States attorneys, non-attorney coordinators, or paralegals to carry out the provisions of this section.

(2) ENFORCEMENT- The Attorney General may hire Bureau of Alcohol, Tobacco, Firearms, and Explosives agents for, and otherwise expend additional resources in support of, the Project Safe Neighborhoods/Firearms Violence Reduction program.

(c) Authorization of Appropriations- There are authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2012 to carry out this section. Any funds made available under this paragraph shall remain available until expended.

SEC. 304. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT CRIMINAL STREET GANGS.

(a) Expansion of Safe Streets Program- The Attorney General is authorized to expand the Safe Streets Program of the Federal Bureau of Investigation for the purpose of supporting criminal street gang enforcement teams.

(b) National Gang Activity Database-

(1) IN GENERAL- The Attorney General shall establish a National Gang Activity Database to be housed at and administered by the Department of Justice.

(2) DESCRIPTION- The database required by paragraph (1) shall--

(A) be designed to disseminate gang information to law enforcement agencies throughout the country and, subject to appropriate controls, to disseminate aggregate statistical information to other members of the criminal justice system, community leaders, academics, and the public;

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

(i) identify gang members involved in crimes;

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

(iii) coordinate law enforcement 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; and

(D) be subject to guidelines, issued by the Attorney General, specifying the criteria for adding information to the database, the appropriate period for retention of su