II 

109TH CONGRESS 

1ST SESSION S. 1322 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 28, 2005 

Mr. DURBIN (for himself, Mr. LEAHY, Mr. KENNEDY, and Mr. FEINGOLD) 

introduced the following bill; which was read twice and referred to the 

Committee on the Judiciary 

A BILL 

To allow for the prosecution of members of criminal street 

gangs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘American Neighborhoods Taking the Initiative—Guard6 ing Against Neighborhood Gangs Act of 2005’’ or the 

7 ‘‘ANTI-GANG Act’’. 

8 (b) TABLE OF CONTENTS.—The table of contents of 

9 this Act is as follows: 

TITLE I—CRIMINAL STREET GANGS 
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Sec. 100. Findings 

Sec. 101. Criminal street gangs; definitions 

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

Sec. 103. Clerical amendments 

Sec. 104. Conforming amendments 

Sec. 105. Designation of and assistance for ‘‘high intensity’’ interstate gang activity areas 

Sec. 106. Gang prevention grants 

Sec. 107. Gang prevention information grants 

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

Sec. 109. Additional resources needed by the Federal Bureau of Investigation 

to investigate and prosecute violent criminal street gangs 

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

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

of crime 

Sec. 112. Witness protection services 

TITLE II—RELATED MATTERS INVOLVING VIOLENT CRIME 

PROSECUTION 

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

Sec. 202. Prosecutors and Defenders Incentive Act 

1 TITLE I—CRIMINAL STREET 

2 GANGS 

3 SEC. 100. FINDINGS. 

4 Congress finds that— 

5 (1) violent crime and drug trafficking are per6 vasive problems at the national, State, and local 

7 level; 

8 (2) the crime rate is exacerbated by the associa9 tion of persons in gangs to commit acts of violence 

10 and drug offenses; 

11 (3) according to the most recent National Drug 

12 Threat Assessment, criminal street gangs are re13 sponsible for the distribution of much of the cocaine, 

14 methamphetamine, heroin, and other illegal drugs 
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1 being distributed in rural and urban communities 

2 throughout the United States; 

3 (4) gangs commit acts of violence or drug of4 fenses for numerous motives, such as membership in 

5 or loyalty to the gang, for protecting gang territory, 

6 and for profit; 

7 (5) gang presence has a pernicious effect on the 

8 free flow of commerce in local businesses and di9 rectly affects the freedom and security of commu10 nities plagued by gang activity; 

11 (6) gangs often recruit and utilize minors to en12 gage in acts of violence and other serious offenses 

13 out of a belief that the criminal justice systems are 

14 more lenient on juvenile offenders; 

15 (7) gangs often intimidate and threaten wit16 nesses to prevent successful prosecutions; 

17 (8) gang recruitment can be deterred both 

18 through increased vigilance, strong criminal pen19 alties, equal partnerships with State and local law 

20 enforcement, and proactive intervention efforts, par21 ticularly targeted at juveniles, prior to gang involve22 ment; and 

23 (9) State and local prosecutors, in hearings be24 fore the Committee on the Judiciary of the Senate, 

25 enlisted Congress’s help in the prevention, investiga-
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1 tion, and prosecution of gang crimes and in the pro2 tection of witnesses and victims of gang crimes. 

3 SEC. 101. CRIMINAL STREET GANGS; DEFINITIONS. 

4 Section 521 of title 18, United States Code, is 

5 amended to read as follows: 

6 ‘‘§ 521. Criminal street gang; definitions 

7 ‘‘As used in this chapter: 

8 ‘‘(1) CRIMINAL STREET GANG.— 

9 ‘‘(A) IN GENERAL.—The term ‘criminal 

10 street gang’ means an ongoing formal or infor11 mal group, club, organization, or association of 

12 3 or more persons through or for which they in13 dividually, jointly, or in combination, have com14 mitted or attempted to commit, for the direct or 

15 indirect benefit of, at the direction of, or in as16 sociation with the group, club, organization, or 

17 association, 3 or more unrelated predicate gang 

18 crimes, provided that— 

19 ‘‘(i) one of the predicate gang crimes 

20 is a violent gang crime; 

21 ‘‘(ii) one predicate gang crime must 

22 occur after the date of enactment of the 

23 ANTI-GANG Act, and the last of which 

24 must occur not later than 10 years (ex25 cluding any period of imprisonment) after 
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1 the commission of a prior predicate gang 

2 crime; and 

3 ‘‘(iii) the activities of the criminal 

4 street gang must substantially affect inter5 state or foreign commerce. 

6 ‘‘(B) ONGOING.— 

7 ‘‘(i) IN GENERAL.—As used in this 

8 paragraph, the term ‘ongoing’, means that 

9 the criminal street gang has an inde10 pendent identity and existence extending 

11 beyond the planning or carrying out of any 

12 offense or series of offenses which happen 

13 to be predicate gang crimes. 

14 ‘‘(ii) FACTORS.—The presence or ab15 sence of any of the following evidentiary 

16 factors is relevant to show the existence or 

17 nonexistence of an ongoing criminal street 

18 gang, or to show that any predicate gang 

19 crime was committed through or for a 

20 criminal street gang: 

21 ‘‘(I) A common name, insignia, 

22 flag, means of recognition, secret sig23 nal or code. 

24 ‘‘(II) A common creed, belief, 

25 structure, leadership or command 
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1 structure, method of operation or 

2 criminal enterprise, concentration or 

3 specialty. 

4 ‘‘(III) Membership, age or other 

5 qualifications, initiation rites, geo6 graphical or territorial situs, bound7 ary, or location, or other unifying 

8 mark, manner, protocol, or method of 

9 expressing or indicating membership. 

10 ‘‘(C) THREE OR MORE PERSONS.—As used 

11 in this paragraph, the term ‘3 or more persons’, 

12 shall not require that the same 3 or more per13 sons be involved in 2 or more predicate gang 

14 crimes. 

15 ‘‘(D) UNRELATED.—As used in this para16 graph, the term ‘unrelated’, means that the 

17 predicate gang crimes are not part of a single 

18 course of conduct with a single criminal objec19 tive, and do not represent essentially 1 com20 posite harm even if such gang crimes constitute 

21 legally distinct offenses occurring at different 

22 times. Violent gang crimes committed on dif23 ferent days shall always be considered to be un24 related. 
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1 ‘‘(2) PREDICATE GANG CRIME.—The term 

2 ‘predicate gang crime’, means any act or threat, or 

3 attempted act or threat, which is chargeable under 

4 Federal or State law, and punishable by imprison5 ment for more than 1 year, involving— 

6 ‘‘(A) a violent gang crime, which in7 cludes— 

8 ‘‘(i) murder; 

9 ‘‘(ii) attempted murder; 

10 ‘‘(iii) manslaughter; 

11 ‘‘(iv) kidnapping; 

12 ‘‘(v) robbery; 

13 ‘‘(vi) assault; 

14 ‘‘(vii) extortion; 

15 ‘‘(viii) arson; 

16 ‘‘(ix) burglary; 

17 ‘‘(x) sexual assault; 

18 ‘‘(xi) carjacking; and 

19 ‘‘(xii) explosive materials under sub20 section (d), (e), (f), or (i) of section 844; 

21 ‘‘(B) a ‘serious drug offense’, as that term 

22 is defined under section 924(e)(2)(A); 

23 ‘‘(C) obstruction of justice (including of24 fenses under sections 1503 and 1510); 
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1 ‘‘(D) tampering with or retaliating against 

2 a witness, victim, or informant (including of3 fenses under sections 1512 and 1513); 

4 ‘‘(E) fraud and related activity in connec5 tion with identification documents or access de6 vices under sections 1028 and 1029; 

7 ‘‘(F) interference with commerce by 

8 threats of violence under section 1951; 

9 ‘‘(G) money laundering under section 

10 1956; 

11 ‘‘(H) engaging in monetary transactions in 

12 property derived from specified unlawful activ13 ity under section 1957; 

14 ‘‘(I) the use of interstate commerce facili15 ties in the commission of murder-for-hire; 

16 ‘‘(J) the interstate transportation, sale, or 

17 receipt of stolen goods under sections 2312 

18 through 2315; 

19 ‘‘(K) the receipt, possession, and transfer 

20 of firearms, except for violations of section 

21 922(g); or 

22 ‘‘(L) any act involving the Immigration 

23 and Nationality Act, section 274 (relating to 

24 bringing in and harboring certain aliens), sec25 tion 277 (relating to aiding or assisting certain 
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1 aliens to enter the United States), or section 

2 278 (relating to importation of aliens for im3 moral purposes). 

4 ‘‘(3) STATE.—The term ‘State’ means each of 

5 the several States of the United States, the District 

6 of Columbia, and any commonwealth, territory, or 

7 possession of the United States.’’. 

8 SEC. 102. CRIMINAL STREET GANGS—PROHIBITED ACTS, 

9 PENALTIES, AND FORFEITURE. 

10 Chapter 26 of title 18, United States Code, is amend11 ed by adding at the end the following: 

12 ‘‘§ 522. Prohibited acts; penalties and forfeiture 

13 ‘‘(a) RECRUITMENT AND RETENTION IN CRIMINAL

14 STREET GANGS.—It shall be unlawful for any person— 

15 ‘‘(1) to recruit, solicit, command, employ, per16 suade, induce, entice, or coerce any person to be17 come a member of or participate in, any criminal 

18 street gang with the intent that the person recruited 

19 will do any act to effect the criminal activities of a 

20 criminal street gang; or 

21 ‘‘(2) by use of force, threat, or intimidation di22 rected at any person, or by the infliction of bodily 

23 injury upon any person, to knowingly prevent a per24 son from leaving a criminal street gang. 
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1 ‘‘(b) PARTICIPATION IN A CRIMINAL STREET

2 GANG.—It shall be unlawful for any person— 

3 ‘‘(1) to do any act with the intent to effect the 

4 criminal activities of a criminal street gang; 

5 ‘‘(2) to commit, attempt to commit, aid or abet 

6 the commission of, or conspire to commit any predi7 cate gang crime— 

8 ‘‘(A) in furtherance or in aid of the activi9 ties of the criminal street gang; 

10 ‘‘(B) for the direct or indirect benefit of 

11 the criminal street gang, or in association with 

12 the criminal street gang; or 

13 ‘‘(C) for the purpose of gaining entrance 

14 to, or maintaining or increasing position in, the 

15 criminal street gang; 

16 while knowingly being a member of or participating 

17 in a criminal street gang; or 

18 ‘‘(3) to employ, use, command, counsel, per19 suade, induce, entice, or coerce any individual to 

20 commit any predicate gang crime— 

21 ‘‘(A) in furtherance or in aid of the activi22 ties of the criminal street gang; 

23 ‘‘(B) for the direct or indirect benefit of 

24 the criminal street gang, or in association with 

25 the criminal street gang; or 
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1 ‘‘(C) for the purpose of gaining entrance to 

2 or maintaining or increasing position in the 

3 criminal street gang; 

4 while knowingly being a member of or participating 

5 in a criminal street gang. 

6 ‘‘(c) WITNESS INTIMIDATION.—It shall be unlawful 

7 for any person to travel in interstate or foreign commerce, 

8 or use the mail or any facility in interstate or foreign com9 merce, or to employ, use, command, counsel, persuade, in10 duce, entice, or coerce any individual to do the same, to 

11 threaten, influence, or prevent from testifying any witness 

12 in a Federal or State criminal proceeding— 

13 ‘‘(1) in furtherance or in aid of the activities of 

14 a criminal street gang; 

15 ‘‘(2) for the direct or indirect benefit of, at the 

16 direction of, or in association with a criminal street 

17 gang; or 

18 ‘‘(3) for the purpose of gaining entrance to or 

19 maintaining or increasing position in a criminal 

20 street gang. 

21 ‘‘(d) UNDERLYING OFFENSES.— 

22 ‘‘(1) NO LIMITATION ON UNDERLYING OF23 FENSES.—Nothing in this section shall be construed 

24 to prohibit the conviction or sentencing of any per-
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1 son for an underlying offense that is included in the 

2 definition of ‘predicate gang crimes’. 

3 ‘‘(2) VENUE FOR UNDERLYING OFFENSES.— 

4 Notwithstanding any other provision of law, venue 

5 for any Federal underlying offense charged as a 

6 predicate gang crime in a prosecution under this sec7 tion shall lie in the same district as a prosecution 

8 under this section. 

9 ‘‘(e) PENALTIES.— 

10 ‘‘(1) RECRUITING.—Whoever violates sub11 section (a)(1) or (b)(1) of this section shall be fined 

12 under this title, or imprisoned not more than 3 

13 years, or both; provided that if the person recruited 

14 under subsection (a)(1) is a minor and the violator 

15 is 18 years of age or older, then the violator shall 

16 be fined under this title, imprisoned not more than 

17 10 years, or both. 

18 ‘‘(2) PREVENTING FROM LEAVING.—Whoever 

19 violates subsection (a)(2) or (c) shall be fined under 

20 this title, or imprisoned not more than 10 years, or 

21 both; provided that if the person prevented from 

22 leaving under subsection (a)(2) is a minor and the 

23 violator is 18 years of age or older, then the violator 

24 shall be fined under this title, imprisoned not more 

25 than 15 years, or both. 
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1 ‘‘(3) GANG CRIMES.—Whoever violates sub2 section (b)(2) or (b)(3) shall be fined under this 

3 title, imprisoned not more than 20 years, or both; 

4 except— 

5 ‘‘(A) where the predicate gang crime is a 

6 serious drug offense, then whoever violates 

7 these subsections shall be fined under this title, 

8 imprisoned not more than 30 years, or both; or 

9 ‘‘(B) where the predicate gang crime is a 

10 violent gang crime, whoever violates these sub11 sections shall be fined under this title, impris12 oned for any term of years or for life, or both. 

13 ‘‘(f) FORFEITURE.— 

14 ‘‘(1) IN GENERAL.—A person who violates any 

15 provision of this section shall, in addition to any 

16 other penalty and irrespective of any provision of 

17 State law, forfeit to the United States— 

18 ‘‘(A) any property constituting, or derived 

19 from, any proceeds the person obtained, directly 

20 or indirectly, as a result of the violation; and 

21 ‘‘(B) any property used, or intended to be 

22 used, in any manner or part, to commit, or to 

23 facilitate the commission of the violation. 

24 ‘‘(2) APPLICATION OF CONTROLLED SUB25 STANCES ACT.—Subsections (b), (c), (e), (f), (g), 
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1 (h), (i), (j), (k), (l), (m), (n), (o), and (p) of section 

2 413 of the Controlled Substances Act (21 U.S.C. 

3 853) shall apply to a forfeiture under this section. 

4 ‘‘(g) CERTIFICATION BY THE UNITED STATES AT5 TORNEY.—No prosecution of any offense described under 

6 this section involving a predicate gang crime that is other7 wise exclusively chargeable under State law shall be under8 taken by the United States except upon the certification 

9 in writing of the Attorney General, the Deputy Attorney 

10 General, the Associate Attorney General, any Assistant 

11 Attorney General specially designated by the Attorney 

12 General, or the United States attorney for the district in 

13 which the offense will be prosecuted, after consultation 

14 with State and local prosecutors, that in his judgment a 

15 prosecution by the United States is in the public interest 

16 and necessary to secure substantial justice, which function 

17 of certification may not be delegated.’’. 

18 SEC. 103. CLERICAL AMENDMENTS. 

19 The table of sections at the beginning of chapter 26 

20 of title 18, United States Code, is amended to read as 

21 follows: 

‘‘521. Criminal street gangs; definitions. 

‘‘522. Prohibited acts; penalties and forfeiture.’’. 
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1 SEC. 104. CONFORMING AMENDMENTS. 

2 (a) AUTHORIZATION OF INTERCEPTION OF WIRE, 

3 ORAL, AND ELECTRONIC COMMUNICATIONS.—Section 

4 2516(1) of title 18, United States Code, is amended— 

5 (1) in paragraph (q), by striking ‘‘or’’; 

6 (2) by redesignating paragraph (r) as para7 graph (s); and 

8 (3) by inserting after paragraph (q) the fol9 lowing: 

10 ‘‘(r) any violation of section 522 (relating to 

11 criminal street gangs); or’’. 

12 (b) ORDERS FOR RESTITUTION.—Section 3663(c)(4) 

13 of title 18, United States Code, is amended by striking 

14 ‘‘chapter 46 or chapter 96’’ and inserting ‘‘chapters 26, 

15 46, or 96’’. 

16 (c) AMENDMENT OF SPECIAL SENTENCING PROVI17 SION PROHIBITING PRISONER COMMUNICATIONS.—Sec18 tion 3582(d) of title 18, United States Code, is amended— 

19 (1) by inserting ‘‘chapter 26 (criminal street 

20 gangs),’’ before ‘‘chapter 95’’; and 

21 (2) by inserting ‘‘a criminal street gang or’’ be22 fore ‘‘an illegal enterprise’’. 

23 SEC. 105. DESIGNATION OF AND ASSISTANCE FOR ‘‘HIGH IN24 TENSITY’’ INTERSTATE GANG ACTIVITY 

25 AREAS. 

26 (a) DEFINITIONS.—In this section: 
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1 (1) GOVERNOR.—The term ‘‘Governor’’ means 

2 a Governor of a State or the mayor of the District 

3 of Columbia. 

4 (2) HIGH INTENSITY INTERSTATE GANG ACTIV5 ITY AREA.—The term ‘‘high intensity interstate 

6 gang activity area’’ means an area within a State 

7 that is designated as a high intensity interstate gang 

8 activity area under subsection (b)(1). 

9 (3) HIGH INTENSITY INTERSTATE GANG AND

10 DRUG TRAFFICKING AREA.—The term ‘‘high inten11 sity interstate gang and drug trafficking area’’ 

12 means an area within a State that is cross-des13 ignated as a high intensity interstate gang and drug 

14 trafficking area under subsection (b)(2). 

15 (4) STATE.—The term ‘‘State’’ means a State 

16 of the United States, the District of Columbia, and 

17 any commonwealth, territory, or possession of the 

18 United States. The term ‘‘State’’ shall include an 

19 ‘‘Indian tribe’’, as defined under section 102 of the 

20 Federally Recognized Indian Tribe List Act of 1994 

21 (25 U.S.C. 479a). 

22 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

23 AREAS.— 

24 (1) DESIGNATION.—The Attorney General, 

25 after consultation with the Governors of appropriate 
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1 States, may designate specific areas that are located 

2 within 1 or more States as high intensity interstate 

3 gang activity areas. 

4 (2) CROSS-DESIGNATION.—The Attorney Gen5 eral, after consultation with the Governors of appro6 priate States and the Director of the Office of Na7 tional Drug Control Policy, may cross-designate spe8 cific areas already designated as high intensity inter9 state drug trafficking areas under section 707 of the 

10 Office of National Drug Control Policy Reauthoriza11 tion Act of 1998 (21 U.S.C. 1706) as high intensity 

12 interstate gang and drug trafficking areas. 

13 (3) ASSISTANCE.—In order to provide Federal 

14 assistance to high intensity interstate gang activity 

15 areas or high intensity interstate gang and drug 

16 trafficking areas, the Attorney General shall— 

17 (A) establish criminal street gang enforce18 ment teams, consisting of Federal, State, and 

19 local law enforcement authorities, for the co20 ordinated investigation, disruption, apprehen21 sion, and prosecution of criminal street gangs 

22 and offenders in each high intensity interstate 

23 gang activity area or high intensity interstate 

24 gang and drug trafficking area; 
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1 (B) direct the reassignment or detailing 

2 from any Federal department or agency (sub3 ject to the approval of the head of that depart4 ment or agency, in the case of a department or 

5 agency other than the Department of Justice) 

6 of personnel to each criminal street gang en7 forcement team; and 

8 (C) provide all necessary funding for the 

9 operation of the criminal street gang enforce10 ment team in each high intensity interstate 

11 gang activity area or high intensity interstate 

12 gang and drug trafficking area. 

13 (4) COMPOSITION OF CRIMINAL STREET GANG

14 ENFORCEMENT TEAM.—The team established under 

15 paragraph (2)(A) shall consist of agents and offi16 cers, where feasible, from— 

17 (A) the Bureau of Alcohol, Tobacco, Fire18 arms, and Explosives; 

19 (B) the Department of Homeland Security; 

20 (C) the Department of Housing and Urban 

21 Development; 

22 (D) the Drug Enforcement Administration; 

23 (E) the Internal Revenue Service; 

24 (F) the Federal Bureau of Investigation; 

25 (G) the United States Marshal’s Service; 
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1 (H) the United States Postal Service; 

2 (I) State and local law enforcement; and 

3 (J) Federal, State, and local prosecutors. 

4 (5) COORDINATION.—In each area cross-des5 ignated as a high intensity interstate gang and drug 

6 trafficking area, the team established under para7 graph (2)(A) shall fully coordinate its antigang ac8 tivities with antidrug trafficking activities under9 taken by Federal, State, and local officials under 

10 section 707 of the Office of National Drug Control 

11 Policy Reauthorization Act of 1998 (21 U.S.C. 

12 1706). 

13 (6) CRITERIA FOR DESIGNATION.—In consid14 ering an area for designation as a high intensity 

15 interstate gang activity area or high intensity inter16 state gang and drug trafficking area under this sec17 tion, the Attorney General shall consider— 

18 (A) the current and predicted levels of 

19 gang crime activity in the area; 

20 (B) the extent to which violent crime in 

21 the area appears to be related to criminal street 

22 gang activity, such as drug trafficking, murder, 

23 robbery, assaults, carjacking, arson, kidnap24 ping, extortion, and other criminal activity; 
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1 (C) the extent to which State and local law 

2 enforcement agencies have committed resources 

3 to— 

4 (i) respond to the gang crime prob5 lem; and 

6 (ii) participate in a gang enforcement 

7 team; 

8 (D) the extent to which a significant in9 crease in the allocation of Federal resources 

10 would enhance local response to the gang crime 

11 activities in the area; and 

12 (E) any other criteria that the Attorney 

13 General considers to be appropriate. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated $40,000,000 for each 

16 of fiscal years 2006 through 2010 to carry out this sec17 tion. 

18 SEC. 106. GANG PREVENTION GRANTS. 

19 (a) AUTHORITY TO MAKE GRANTS.—The Office of 

20 Justice Programs of the Department of Justice shall make 

21 grants, in accordance with such regulations as the Attor22 ney General may prescribe, to States, units of local gov23 ernment, tribal governments, and qualified private enti24 ties, to develop community-based programs that provide 
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1 crime prevention, research, and intervention services that 

2 are designed for gang members and at-risk youth. 

3 (b) USE OF GRANT AMOUNTS.—Amounts received by 

4 a grantee under this section may be used by the grantee, 

5 directly or through subgrants, only for 1 or more of the 

6 following activities: 

7 (1) Preventing initial gang recruitment and in8 volvement among younger teenagers. 

9 (2) Reducing gang involvement through non10 violent and constructive activities, such as commu11 nity service programs, development of nonviolent 

12 conflict resolution skills, employment and legal as13 sistance, family counseling, and other safe, commu14 nity-based alternatives for high-risk youth. 

15 (3) Developing in-school and after-school gang 

16 safety, control, education, and resistance procedures 

17 and programs. 

18 (4) Identifying and addressing early childhood 

19 risk factors for gang involvement, including parent 

20 training and childhood skills development. 

21 (5) Identifying and fostering protective factors 

22 that buffer children and adolescents from gang in23 volvement. 

24 (c) GRANT REQUIREMENTS.— 
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1 (1) PERIOD.—A grant under this section shall 

2 be made for a period of not more than 2 years. 

3 (2) MAXIMUM.—The amount of a grant under 

4 this section may not exceed $1,000,000. 

5 (d) ANNUAL REPORT.—Each recipient of a grant 

6 under this section shall submit to the Attorney General, 

7 for each year in which funds from a grant received under 

8 this section are expended, a report containing— 

9 (1) a summary of the activities carried out with 

10 grant funds during that year; 

11 (2) an assessment of the effectiveness of the 

12 crime prevention, research, and intervention activi13 ties of the recipient; 

14 (3) a strategic plan for the year following the 

15 year covered under paragraph (1); and 

16 (4) such other information as the Attorney 

17 General may require. 

18 (e) MINIMUM ALLOCATION.—Unless all eligible appli19 cations submitted by any State or unit of local government 

20 within such State for a planning or implementation grant 

21 under this section have been funded, such State, together 

22 with grantees within the State (other than Indian tribes), 

23 shall be allocated in each fiscal year under this section 

24 not less than 0.75 percent of the total amount appro-
23 

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1 priated in the fiscal year for planning or implementation 

2 grants under this section. 

3 (f) DEFINITION.—In this section, the term ‘‘units of 

4 local government’’ includes sheriffs, police agencies, and 

5 local prosecutor offices. 

6 (g) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) IN GENERAL.—There are authorized to be 

8 appropriated for grants under this section 

9 $50,000,000 for each of the fiscal years 2006 

10 through 2010. 

11 (2) LIMITATION.—Of amounts made available 

12 for grants under this section, not less than 50 per13 cent shall be available only for areas designated pur14 suant to section 105 as high intensity interstate 

15 gang activity areas or high intensity interstate gang 

16 and drug trafficking areas. 

17 SEC. 107. GANG PREVENTION INFORMATION GRANTS. 

18 (a) AUTHORITY TO MAKE GRANTS.—The Office of 

19 Justice Programs of the Department of Justice shall make 

20 grants, in accordance with such regulations as the Attor21 ney General may prescribe, to States, units of local gov22 ernment, and tribal governments to fund technology, 

23 equipment, and training for State and local sheriffs, police 

24 agencies, and prosecutor offices in order to— 
24 

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1 (1) increase accurate identification of gang 

2 members and violent offenders; 

3 (2) maintain databases with such information 

4 to facilitate coordination among law enforcement 

5 and prosecutors; and 

6 (3) otherwise improve the investigation and 

7 prosecution of criminal street gangs. 

8 (b) GRANT REQUIREMENTS.— 

9 (1) PERIOD.—A grant under this section shall 

10 be made for a period of not more than 2 years. 

11 (2) MAXIMUM.—The amount of a grant under 

12 this section may not exceed $1,000,000. 

13 (c) ANNUAL REPORT.—Each recipient of a grant 

14 under this section shall submit to the Attorney General, 

15 for each year in which funds from a grant received under 

16 this section are expended, a report containing— 

17 (1) a summary of the activities carried out with 

18 grant funds during that year; 

19 (2) an assessment of the effectiveness of the 

20 crime prevention, research, and intervention activi21 ties of the recipient; 

22 (3) a strategic plan for the year following the 

23 year covered under paragraph (1); and 

24 (4) such other information as the Attorney 

25 General may require. 
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1 (d) MINIMUM ALLOCATION.—Unless all eligible appli2 cations submitted by any State or unit of local government 

3 within such State for a planning or implementation grant 

4 under this section have been funded, such State, together 

5 with grantees within the State (other than Indian tribes), 

6 shall be allocated in each fiscal year under this section 

7 not less than 0.75 percent of the total amount appro8 priated in the fiscal year for planning or implementation 

9 grants under this section. 

10 (e) DEFINITION.—In this section, the term ‘‘units of 

11 local government’’ includes sheriffs, police agencies, and 

12 local prosecutor offices. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated for grants under this 

15 section $10,000,000 for each of the fiscal years 2006 

16 through 2010. 

17 SEC. 108. ENHANCEMENT OF PROJECT SAFE NEIGHBOR18 HOODS INITIATIVE TO IMPROVE ENFORCE19 MENT OF CRIMINAL LAWS AGAINST VIOLENT 

20 GANGS. 

21 (a) IN GENERAL.—The Attorney General shall ex22 pand the Project Safe Neighborhoods program to require 

23 each United States attorney to— 
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1 (1) identify, investigate, and prosecute signifi2 cant criminal street gangs operating within their dis3 trict; 

4 (2) coordinate the identification, investigation, 

5 and prosecution of criminal street gangs among Fed6 eral, State, and local law enforcement agencies; 

7 (3) consult with State and local prosecutors to 

8 determine how Federal, State, and local law enforce9 ment resources can best be used to serve the public 

10 interest and secure substantial justice; and 

11 (4) coordinate and establish criminal street 

12 gang enforcement teams, established under section 

13 105(b), in high intensity interstate gang activity 

14 areas within the district of the United States attor15 ney. 

16 (b) ADDITIONAL ASSISTANT UNITED STATES ATTOR17 NEYS FOR PROJECT SAFE NEIGHBORHOODS.— 

18 (1) IN GENERAL.—The Attorney General may 

19 hire 94 additional Assistant United States attorneys 

20 to carry out the provisions of this section. 

21 (2) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated $7,500,000 

23 for each of the fiscal years 2006 through 2010 to 

24 carry out this section. 
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•S 1322 IS

1 SEC. 109. ADDITIONAL RESOURCES NEEDED BY THE FED2 ERAL BUREAU OF INVESTIGATION TO INVES3 TIGATE AND PROSECUTE VIOLENT CRIMINAL 

4 STREET GANGS. 

5 (a) RESPONSIBILITIES OF ATTORNEY GENERAL.— 

6 The Attorney General shall require the Federal Bureau 

7 of Investigation to— 

8 (1) increase funding for the Safe Streets Pro9 gram; 

10 (2) support the criminal street gang enforce11 ment teams, established under section 105(b), in 

12 designated high intensity interstate gang activity 

13 areas; and 

14 (3) consult with State and local prosecutors to 

15 determine how Federal, State, and local law enforce16 ment resources can best be used to serve the public 

17 interest and secure substantial justice. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.— 

19 (1) IN GENERAL.—In addition to amounts oth20 erwise authorized, there are authorized to be appro21 priated to the Federal Bureau of Investigation 

22 $5,000,000 for each of the fiscal years 2006 through 

23 2010 to carry out the Safe Streets Program. 

24 (2) AVAILABILITY.—Any amounts appropriated 

25 under paragraph (1) shall remain available until ex26 pended. 
28 

•S 1322 IS

1 SEC. 110. EXPANSION OF FEDERAL WITNESS RELOCATION 

2 AND PROTECTION PROGRAM. 

3 Section 3521(a)(1) of title 18 is amended by inserting 

4 ‘‘, criminal street gang, serious drug offense, homicide,’’ 

5 after ‘‘organized criminal activity’’. 

6 SEC. 111. GRANTS TO STATE AND LOCAL PROSECUTORS TO 

7 PROTECT WITNESSES AND VICTIMS OF 

8 CRIME. 

9 (a) GRANTS AUTHORIZED.— 

10 (1) IN GENERAL.—The Attorney General is au11 thorized to make grants to State and local prosecu12 tors and the United States attorney for the District 

13 of Columbia for the purpose of providing short-term 

14 protection to witnesses in trials involving an orga15 nized criminal activity, criminal street gang, serious 

16 drug offense, homicide, or other serious offense. 

17 (2) ALLOCATION.—Each prosecutor receiving a 

18 grant under this section may either— 

19 (A) use the grant to provide witness relo20 cation and protection; or 

21 (B) pursuant to a cooperative agreement 

22 with the Attorney General, credit the grant to 

23 the United States Marshal’s Service to cover 

24 the costs of providing witness relocation and 

25 protection on behalf of the prosecutor. 

26 (b) APPLICATION.— 
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•S 1322 IS

1 (1) IN GENERAL.—Each prosecutor desiring a 

2 grant under this section shall submit an application 

3 to the Attorney General at such time, in such man4 ner, and accompanied by such information as the 

5 Attorney General may reasonably require. 

6 (2) CONTENTS.—Each application submitted 

7 pursuant to paragraph (1) shall— 

8 (A) describe the activities for which assist9 ance under this section is sought; and 

10 (B) provide such additional assurances as 

11 the Attorney General determines to be essential 

12 to ensure compliance with the requirements of 

13 this section. 

14 (c) MINIMUM ALLOCATION.—Unless all eligible appli15 cations submitted by State and local prosecutors within 

16 a State for planning or implementation grants under this 

17 section have been funded, the grantees within the State 

18 shall be allocated in each fiscal year under this section 

19 not less than 0.75 percent of the total amount appro20 priated in the fiscal year for planning or implementation 

21 grants pursuant to this section. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 

24 $60,000,000 for each of the fiscal years 2006 through 

25 2010. 
30 

•S 1322 IS

1 SEC. 112. WITNESS PROTECTION SERVICES. 

2 Section 3526 of title 18, United States Code (Co3 operation of other Federal agencies and State govern4 ments; reimbursement of expenses) is amended by adding 

5 at the end the following: 

6 ‘‘(c) In any case in which a State government re7 quests the Attorney General to provide temporary protec8 tion under section 3521(e) of this title, the costs of pro9 viding temporary protection are not reimbursable if the 

10 investigation or prosecution in any way relates to crimes 

11 of violence committed by a gang, as defined under the laws 

12 of the relevant State seeking assistance under this title.’’. 

13 TITLE II—RELATED MATTERS IN14 VOLVING VIOLENT CRIME 

15 PROSECUTION 

16 SEC. 201. STUDY ON EXPANDING FEDERAL AUTHORITY FOR 

17 JUVENILE OFFENDERS. 

18 (a) IN GENERAL.—Not later than 9 months after the 

19 date of enactment of this Act, the Comptroller General 

20 of the United States shall submit to the Committees on 

21 the Judiciary of the Senate and the House of Representa22 tives a report on the costs and benefits associated with 

23 expanding Federal authority to prosecute offenders under 

24 the age of 18 who are gang members who commit criminal 

25 offenses. 
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•S 1322 IS

1 (b) CONTENTS.—The report submitted under sub2 section (a) shall— 

3 (1) examine the ability of the judicial systems 

4 of the States to respond effectively to juveniles who 

5 are members of ‘‘criminal street gangs’’, as defined 

6 under section 521 of title 18, United States Code; 

7 (2) examine the extent to which offenders who 

8 are 16 and 17 years old are members of criminal 

9 street gangs, and are accused of committing violent 

10 crimes and prosecuted in the adult criminal justice 

11 systems of the individual States; 

12 (3) determine the percentage of crimes com13 mitted by members of ‘‘criminal street gangs’’ that 

14 are committed by offenders who are 16 and 17 years 

15 old; 

16 (4) examine the extent to which United States 

17 attorneys currently bring criminal indictments and 

18 prosecute offenders under the age of 18, and the ex19 tent to which United States attorneys’ offices in20 clude prosecutors with experience prosecuting juve21 niles for adult criminal violations; 

22 (5) examine the extent to which the Bureau of 

23 Prisons houses offenders under the age of 18, and 

24 has the ability and experience to meet the needs of 

25 young offenders; 
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•S 1322 IS

1 (6) estimate the cost to the Federal Govern2 ment of prosecuting and incarcerating 16 and 17 

3 year olds who are members of criminal street gangs 

4 and are accused of violent crimes; and 

5 (7) detail any benefits for Federal prosecutions 

6 that would be realized by expanding Federal author7 ity to bring charges against 16 and 17 year olds who 

8 are members of criminal street gangs and are ac9 cused of violent crimes. 

10 SEC. 202. PROSECUTORS AND DEFENDERS INCENTIVE ACT. 

11 (a) SHORT TITLE.—This section may be cited as the 

12 ‘‘Prosecutors and Defenders Incentive Act’’. 

13 (b) LOAN REPAYMENT FOR PROSECUTORS AND PUB14 LIC DEFENDERS.—Title I of the Omnibus Crime Control 

15 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) 

16 is amended by adding at the end the following: 

17 ‘‘PART HH—LOAN REPAYMENT FOR 

18 PROSECUTORS AND PUBLIC DEFENDERS 

19 ‘‘SEC. 2901. GRANT AUTHORIZATION. 

20 ‘‘(a) PURPOSE.—The purpose of this section is to en21 courage qualified individuals to enter and continue em22 ployment as prosecutors and public defenders. 

23 ‘‘(b) DEFINITIONS.—In this section: 
33 

•S 1322 IS

1 ‘‘(1) PROSECUTOR.—The term ‘prosecutor’ 

2 means a full-time employee of a State or local agen3 cy who— 

4 ‘‘(A) is continually licensed to practice law; 

5 and 

6 ‘‘(B) prosecutes criminal cases at the State 

7 or local level. 

8 ‘‘(2) PUBLIC DEFENDER.—The term ‘public de9 fender’ means an attorney who— 

10 ‘‘(A) is continually licensed to practice law; 

11 and 

12 ‘‘(B) is— 

13 ‘‘(i) a full-time employee of a State or 

14 local agency or a nonprofit organization 

15 operating under a contract with a State or 

16 unit of local government, that provides 

17 legal representation to indigent persons in 

18 criminal cases; or 

19 ‘‘(ii) employed as a full-time Federal 

20 defender attorney in a defender organiza21 tion established pursuant to subsection (g) 

22 of section 3006A of title 18, United States 

23 Code, that provides legal representation to 

24 indigent persons in criminal cases. 
34 

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1 ‘‘(3) STUDENT LOAN.—The term ‘student loan’ 

2 means— 

3 ‘‘(A) a loan made, insured, or guaranteed 

4 under part B of title IV of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1071 et seq.); 

6 ‘‘(B) a loan made under part D or E of 

7 title IV of the Higher Education Act of 1965 

8 (20 U.S.C. 1087a et seq. and 1087aa et seq.); 

9 and 

10 ‘‘(C) a loan made under section 428C or 

11 455(g) of the Higher Education Act of 1965 

12 (20 U.S.C. 1078–3 and 1087e(g)) to the extent 

13 that such loan was used to repay a Federal Di14 rect Stafford Loan, a Federal Direct Unsub15 sidized Stafford Loan, or a loan made under 

16 section 428 or 428H of such Act. 

17 ‘‘(c) PROGRAM AUTHORIZED.—The Attorney General 

18 shall establish a program by which the Department of Jus19 tice shall assume the obligation to repay a student loan, 

20 by direct payments on behalf of a borrower to the holder 

21 of such loan, in accordance with subsection (d), for any 

22 borrower who— 

23 ‘‘(1) is employed as a prosecutor or public de24 fender; and 
35 

•S 1322 IS

1 ‘‘(2) is not in default on a loan for which the 

2 borrower seeks forgiveness. 

3 ‘‘(d) TERMS OF AGREEMENT.— 

4 ‘‘(1) IN GENERAL.—To be eligible to receive re5 payment benefits under subsection (c), a borrower 

6 shall enter into a written agreement that specifies 

7 that— 

8 ‘‘(A) the borrower will remain employed as 

9 a prosecutor or public defender for a required 

10 period of service of not less than 3 years, unless 

11 involuntarily separated from that employment; 

12 ‘‘(B) if the borrower is involuntarily sepa13 rated from employment on account of mis14 conduct, or voluntarily separates from employ15 ment, before the end of the period specified in 

16 the agreement, the borrower will repay the At17 torney General the amount of any benefits re18 ceived by such employee under this section; 

19 ‘‘(C) if the borrower is required to repay 

20 an amount to the Attorney General under sub21 paragraph (B) and fails to repay such amount, 

22 a sum equal to that amount shall be recoverable 

23 by the Federal Government from the employee 

24 (or such employee’s estate, if applicable) by 

25 such methods as are provided by law for the re-
36 

•S 1322 IS

1 covery of amounts owed to the Federal Govern2 ment; 

3 ‘‘(D) the Attorney General may waive, in 

4 whole or in part, a right of recovery under this 

5 subsection if it is shown that recovery would be 

6 against equity and good conscience or against 

7 the public interest; and 

8 ‘‘(E) the Attorney General shall make stu9 dent loan payments under this section for the 

10 period of the agreement, subject to the avail11 ability of appropriations. 

12 ‘‘(2) REPAYMENTS.— 

13 ‘‘(A) IN GENERAL.—Any amount repaid 

14 by, or recovered from, an individual or the es15 tate of an individual under this subsection shall 

16 be credited to the appropriation account from 

17 which the amount involved was originally paid. 

18 ‘‘(B) MERGER.—Any amount credited 

19 under subparagraph (A) shall be merged with 

20 other sums in such account and shall be avail21 able for the same purposes and period, and sub22 ject to the same limitations, if any, as the sums 

23 with which the amount was merged. 

24 ‘‘(3) LIMITATIONS.— 
37 

•S 1322 IS

1 ‘‘(A) STUDENT LOAN PAYMENT

2 AMOUNT.—Student loan repayments made by 

3 the Attorney General under this section shall be 

4 made subject to such terms, limitations, or con5 ditions as may be mutually agreed upon by the 

6 borrower and the Attorney General in an agree7 ment under paragraph (1), except that the 

8 amount paid by the Attorney General under 

9 this section shall not exceed— 

10 ‘‘(i) $10,000 for any borrower in any 

11 calendar year; or 

12 ‘‘(ii) an aggregate total of $60,000 in 

13 the case of any borrower. 

14 ‘‘(B) BEGINNING OF PAYMENTS.—Nothing 

15 in this section shall authorize the Attorney Gen16 eral to pay any amount to reimburse a borrower 

17 for any repayments made by such borrower 

18 prior to the date on which the Attorney General 

19 entered into an agreement with the borrower 

20 under this subsection. 

21 ‘‘(e) ADDITIONAL AGREEMENTS.— 

22 ‘‘(1) IN GENERAL.—On completion of the re23 quired period of service under an agreement under 

24 subsection (d), the borrower and the Attorney Gen25 eral may, subject to paragraph (2), enter into an ad-
38 

•S 1322 IS

1 ditional agreement in accordance with subsection 

2 (d). 

3 ‘‘(2) TERM.—An agreement entered into under 

4 paragraph (1) may require the borrower remain em5 ployed as a prosecutor or public defender for less 

6 than 3 years. 

7 ‘‘(f) AWARD BASIS; PRIORITY.— 

8 ‘‘(1) AWARD BASIS.—Subject to paragraph (2), 

9 the Attorney General shall provide repayment bene10 fits under this section on a first-come, first-served 

11 basis, and subject to the availability of appropria12 tions. 

13 ‘‘(2) PRIORITY.—The Attorney General shall 

14 give priority in providing repayment benefits under 

15 this section in any fiscal year to a borrower who— 

16 ‘‘(A) received repayment benefits under 

17 this section during the preceding fiscal year; 

18 and 

19 ‘‘(B) has completed less than 3 years of 

20 the first required period of service specified for 

21 the borrower in an agreement entered into 

22 under subsection (d). 

23 ‘‘(g) REGULATIONS.—The Attorney General is au24 thorized to issue such regulations as may be necessary to 

25 carry out the provisions of this section. 
39 

•S 1322 IS

1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this section 

3 $25,000,000 for fiscal year 2006 and such sums as may 

4 be necessary for each succeeding fiscal year.’’. 

Æ