I 

109TH CONGRESS 

1ST SESSION H. R. 1279 

To amend title 18, United States Code, to reduce violent gang crime and 

protect law-abiding citizens and communities from violent criminals, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2005 

Mr. FORBES (for himself, Mr. WOLF, Mr. GOODLATTE, Mr. GOODE, Mrs. JO

ANN DAVIS of Virginia, Mrs. DRAKE, Mr. TOM DAVIS of Virginia, and 

Mr. ALEXANDER) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to reduce violent 

gang crime and protect law-abiding citizens and communities from violent criminals, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Gang Deterrence and 

5 Community Protection Act of 2005’’. 
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1 TITLE I—CRIMINAL LAW RE2 FORMS AND ENHANCED PEN3 ALTIES TO DETER AND PUN4 ISH ILLEGAL STREET GANG 

5 ACTIVITY AND RELATED 

6 CRIMINAL LAW REFORMS 

7 SEC. 101. REVISION AND EXTENSION OF PENALTIES RE8 LATED TO CRIMINAL STREET GANG ACTIV9 ITY. 

10 (a) IN GENERAL.—Chapter 26 of title 18, United 

11 States Code, is amended to read as follows: 

12 ‘‘CHAPTER 26—CRIMINAL STREET GANGS 

‘‘521. Criminal street gang prosecutions. 

13 ‘‘§ 521. Criminal street gang prosecutions 

14 ‘‘(a) STREET GANG CRIME.—Whoever commits, or 

15 conspires, threatens or attempts to commit, a gang crime 

16 in order to further the activities of a criminal street gang, 

17 or in order to gain entrance to or maintain or increase 

18 position in such a gang, shall, in addition to being subject 

19 to a fine under this title— 

20 ‘‘(1) if the gang crime results in the death of 

21 any person, be sentenced to death or life in prison; 

22 ‘‘(2) if the gang crime is kidnapping, aggra23 vated sexual abuse, or maiming, be imprisoned for 

24 life or any term of years not less than 30; 
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1 ‘‘(3) if the gang crime is assault resulting in se2 rious bodily injury (as defined in section 1365), be 

3 imprisoned for life or any term of years not less 

4 than 20; and 

5 ‘‘(4) in any other case, be imprisoned for life or 

6 for any term of years not less than 10. 

7 ‘‘(b) FORFEITURE.— 

8 ‘‘(1) IN GENERAL.—Whoever violates this sec9 tion shall, in addition to any other penalty, forfeit to 

10 the United States— 

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

12 from, any proceeds the person obtained, directly 

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

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

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

16 facilitate the commission of, the violation. 

17 ‘‘(2) APPLICATION OF CONTROLLED SUB18 STANCES ACT.—Subsections (b), (c), (e), (f), (g), 

19 (h), (i), (j), (k), (l), (m), (n), (o), and (p) of section 

20 413 of the Controlled Substances Act (21 U.S.C. 

21 853) shall apply to a forfeiture under this section as 

22 though it were a forfeiture under that section. 

23 ‘‘(c) DEFINITIONS.—The following definitions apply 

24 in this section: 
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1 ‘‘(1) CRIMINAL STREET GANG.—The term 

2 ‘criminal street gang’ means a formal or informal 

3 group or association of 3 or more individuals, who 

4 commit 2 or more gang crimes (one of which is a 

5 crime of violence other than an offense punishable 

6 under subparagraphs (A), (B), or (C) of section 

7 401(b)(1) of the Controlled Substances Act), in 2 or 

8 more separate criminal episodes, in relation to the 

9 group or association, if any of the activities of the 

10 criminal street gang affects interstate or foreign 

11 commerce. 

12 ‘‘(2) GANG CRIME.—The term ‘gang crime’ 

13 means conduct constituting any Federal or State 

14 crime, punishable by imprisonment for more than 

15 one year, in any of the following categories: 

16 ‘‘(A) A crime of violence. 

17 ‘‘(B) A crime involving obstruction of jus18 tice, tampering with or retaliating against a 

19 witness, victim, or informant, or burglary. 

20 ‘‘(C) A crime involving the manufacturing, 

21 importing, distributing, possessing with intent 

22 to distribute, or otherwise dealing in a con23 trolled substance or listed chemical (as those 

24 terms are defined in section 102 of the Con25 trolled Substances Act (21 U.S.C. 802)). 
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1 ‘‘(D) Any conduct punishable under sec2 tion 844 (relating to explosive materials), sub3 section (d), (g)(1) (where the underlying convic4 tion is a violent felony (as defined in section 

5 924(e)(2)(B) of this title) or is a serious drug 

6 offense (as defined in section 924(e)(2)(A)), (i), 

7 (j), (k), (o), (p), (q), (u), or (x) of section 922 

8 (relating to unlawful acts), or subsection (b), 

9 (c), (g), (h), (k), (l), (m), or (n) of section 924 

10 (relating to penalties), section 930 (relating to 

11 possession of firearms and dangerous weapons 

12 in Federal facilities), section 931 (relating to 

13 purchase, ownership, or possesion of body 

14 armor by violent felons), sections 1028 and 

15 1029 (relating to fraud and related activity in 

16 connection with identification documents or ac17 cess devices), section 1952 (relating to inter18 state and foreign travel or transporation in aid 

19 of racketeering enterprises), section 1956 (re20 lating to the laundering of monetary instru21 ments), section 1957 (relating to engaging in 

22 monetary transactions in property derived from 

23 specified unlawful activity), or sections 2312 

24 through 2315 (relating to interstate transpor-
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1 tation of stolen motor vehicles or stolen prop2 erty). 

3 ‘‘(E) Any conduct punishable under section 

4 274 (relating to bringing in and harboring cer5 tain aliens), section 277 (relating to aiding or 

6 assisting certain aliens to enter the United 

7 States), or section 278 (relating to importation 

8 of alien for immoral purpose) of the Immigra9 tion and Nationality Act. 

10 ‘‘(3) AGGRAVATED SEXUAL ABUSE.—The term 

11 ‘aggravated sexual abuse’ means an offense that, if 

12 committed in the special maritime and territorial ju13 risdiction would be an offense under section 2241(a). 

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

15 the several States of the United States, the District 

16 of Columbia, and any commonwealth, territory, or 

17 possession of the United States.’’. 

18 (b) AMENDMENT RELATING TO PRIORITY OF FOR19 FEITURE OVER ORDERS FOR RESTITUTION.—Section 

20 3663(c)(4) of title 18, United States Code, is amended 

21 by striking ‘‘chapter 46 or chapter 96 of this title’’ and 

22 inserting ‘‘section 521, under chapter 46 or 96,’’. 
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1 SEC. 102. INCREASED PENALTIES FOR INTERSTATE AND 

2 FOREIGN TRAVEL OR TRANSPORTATION IN 

3 AID OF RACKETEERING. 

4 (a) SUBSTANTIVE CHANGES TO OFFENSE.—Section 

5 1952(a) of title 18, United States Code, is amended— 

6 (1) so that the heading for the section reads as 

7 follows: 

8 ‘‘§ 1952. Interstate or foreign commerce-related aid to 

9 racketeering’’; 

10 (2) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

11 (3) by striking ‘‘travels’’ and all that follows 

12 through ‘‘intent to’’ and inserting ‘‘in or affecting 

13 interstate or foreign commerce’’; 

14 (4) by striking ‘‘ (1) distribute’’ and inserting 

15 ‘‘(A) distributes’’; 

16 (5) by striking ‘‘(2) commit’’ and inserting 

17 ‘‘(B) commits’’; 

18 (6) by striking ‘‘(3) otherwise promote, manage, 

19 establish, carry on, or facilitate’’ and inserting ‘‘(C) 

20 otherwise promotes, manages, establishes, carries on, 

21 or facilitates’’; and 

22 (7) by striking ‘‘and thereafter’’ and all that 

23 follows through the end of the subsection and insert24 ing the following: 

25 ‘‘or attempts or conspires to do so, shall be punished as 

26 provided in paragraph (2). 
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1 ‘‘(2) The punishment for an offense under this 

2 subsection is— 

3 ‘‘(A) in the case of a violation of subpara4 graph (A) or (C) of paragraph (1), a fine under 

5 this title and imprisonment for not less than 5 

6 nor more than 20 years; and 

7 ‘‘(B) in the case of a violation of subpara8 graph (B) of paragraph (1), a fine under this 

9 title and imprisonment for not less than 10 nor 

10 more than 30 years, but if death results the of11 fender shall be sentenced to death, or to impris12 onment for any term of years or for life.’’. 

13 (b) CLERICAL AMENDMENT.—The item relating to 

14 section 1952 in the table of sections at the beginning of 

15 chapter 95 of title 18, United States Code. is amended 

16 to read as follows: 

17 SEC. 103. AMENDMENTS RELATING TO VIOLENT CRIME. 

18 (a) CARJACKING.—Section 2119 of title 18, United 

19 States Code, is amended— 

20 (1) by striking ‘‘, with the intent to cause death 

21 or serious bodily harm’’; 

22 (2) by inserting ‘‘or conspires’’ after ‘‘at23 tempts’’; 

24 (3) by striking ‘‘15’’ and inserting ‘‘20’’; and 
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1 (4) by striking ‘‘or imprisoned not more than 

2 25 years, or both’’ and inserting ‘‘and imprisoned 

3 not less than 10 years nor more than 30 years’’. 

4 (b) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO

5 COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO6 LENCE.—Section 924(g) of title 18, United States Code, 

7 is amended to read as follows: 

8 ‘‘(g) Whoever knowingly transfers a firearm, knowing 

9 or intending that the firearm will be used to commit, or 

10 possessed in furtherance of, a crime of violence or drug 

11 trafficking crime, shall be fined under this title and im12 prisoned not less than 5 years nor more than 20 years.’’. 

13 (c) AMENDMENT OF SPECIAL SENTENCING PROVI14 SION RELATING TO LIMITATIONS ON CRIMINAL ASSOCIA15 TION.—Section 3582(d) of title 18, United States Code, 

16 is amended— 

17 (1) by inserting ‘‘section 521 (criminal street 

18 gang prosecutions), in’’ after ‘‘felony set forth in’’; 

19 (2) by striking ‘‘specified person, other than his 

20 attorney, upon’’ and inserting ‘‘specified person 

21 upon’’; and 

22 (3) by inserting ‘‘a criminal street gang or’’ be23 fore ‘‘an illegal enterprise’’. 
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1 (d) CONSPIRACY PENALTY.—Section 371 of title 18, 

2 United States Code, is amended by striking ‘‘five’’ and 

3 inserting ‘‘20’’. 

4 SEC. 104. INCREASED PENALTIES FOR USE OF INTERSTATE 

5 COMMERCE FACILITIES IN THE COMMISSION 

6 OF MURDER-FOR-HIRE AND OTHER FELONY 

7 CRIMES OF VIOLENCE. 

8 Section 1958 of title 18, United States Code, is 

9 amended— 

10 (1) by striking the section heading and insert11 ing the following: 

12 ‘‘§ 1958. Use of interstate commerce facilities in the 

13 Commission of murder-for-hire and other 

14 felony crimes of violence’’; 

15 (2) by inserting ‘‘or other crime of violence, 

16 punishable by imprisonment for more than one 

17 year,’’ after ‘‘intent that a murder’’; and 

18 (3) by striking ‘‘shall be fined’’ the first place 

19 it appears and inserting the following: 

20 ‘‘shall, in addition to being subject to a fine under this 

21 title 

22 ‘‘(1) if the crime of violence results in the death 

23 of any person, be sentenced to death or life in pris24 on; 
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1 ‘‘(2) if the crime of violence is kidnapping, ag2 gravated sexual abuse (as defined in section 521), or 

3 maiming, be imprisoned for life or any term of years 

4 not less than 30; 

5 ‘‘(3) if the crime of violence is assault resulting 

6 in serious bodily injury (as defined in section 1365), 

7 be imprisoned for life or any term of years not less 

8 than 20; and 

9 ‘‘(4) in any other case, be imprisoned for life or 

10 for any term of years not less than 10.’’. 

11 SEC. 105. INCREASED PENALTIES FOR VIOLENT CRIMES IN 

12 AID OF RACKETEERING ACTIVITY. 

13 Section 1959(a) of title 18, United States Code, is 

14 amended to read as follows: 

15 ‘‘(a) Whoever commits, or conspires, threatens, or at16 tempts to commit, a crime of violence in order to further 

17 the activities of an enterprise engaged in racketeering ac18 tivity, or in order to gain entrance to or maintain or in19 crease position in, such an enterprise, shall, unless the 

20 death penalty is otherwise imposed, in addition and con21 secutive to the punishment provided for any other violation 

22 of this chapter and in addition to being subject to a fine 

23 under this title— 
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1 ‘‘(1) if the crime of violence results in the death 

2 of any person, be sentenced to death or life in pris3 on; 

4 ‘‘(2) if the crime of violence is kidnapping, ag5 gravated sexual abuse (as defined in section 521), or 

6 maiming, be imprisoned for life or any term of years 

7 not less than 30; 

8 ‘‘(3) if the crime of violence is assault resulting 

9 in serious bodily injury (as defined in section 1365), 

10 be imprisoned for life or for any term of years not 

11 less than 20; and 

12 ‘‘(4) in any other case, be imprisoned for life or 

13 for any term of years not less than 10.’’. 

14 SEC. 106. MURDER AND OTHER VIOLENT CRIMES COM15 MITTED DURING AND IN RELATION TO A 

16 DRUG TRAFFICKING CRIME. 

17 (a) IN GENERAL.—Part D of the Controlled Sub18 stances Act (21 U.S.C. 841 et seq.) is amended by adding 

19 at the end the following: 

20 ‘‘MURDER AND OTHER VIOLENT CRIMES COMMITTED

21 DURING AND IN RELATION TO A DRUG TRAFFICKING

22 CRIME

23 ‘‘SEC. 424. (a) IN GENERAL.—Whoever commits, or 

24 conspires, or attempts to commit, a crime of violence dur25 ing and in relation to a drug trafficking crime, shall, un26 less the death penalty is otherwise imposed, in addition 
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1 and consecutive to the punishment provided for the drug 

2 trafficking crime and in addition to being subject to a fine 

3 under this title— 

4 ‘‘(1) if the crime of violence results in the death 

5 of any person, be sentenced to death or life in pris6 on; 

7 ‘‘(2) if the crime of violence is kidnapping, ag8 gravated sexual abuse (as defined in section 521), or 

9 maiming, be imprisoned for life or any term of years 

10 not less than 30; 

11 ‘‘(3) if the crime of violence is assault assault 

12 resulting in serious bodily injury (as defined in sec13 tion 1365), be imprisoned for life or any term of 

14 years not less than 20; and 

15 ‘‘(4) in any other case, be imprisoned for life or 

16 for any term of years not less than 10. 

17 ‘‘(b) VENUE.—A prosecution for a violation of this 

18 section may be brought in— 

19 ‘‘(1) the judicial district in which the murder or 

20 other crime of violence occurred; or 

21 ‘‘(2) any judicial district in which the drug traf22 ficking crime may be prosecuted. 

23 ‘‘(c) DEFINITIONS.—As used in this section— 
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1 ‘‘(1) the term ‘crime of violence’ has the mean2 ing given that term in section 16 of title 18, United 

3 States Code; and 

4 ‘‘(2) the term ‘drug trafficking crime’ has the 

5 meaning given that term in section 924(c)(2) of title 

6 18, United States Code.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents 

8 for the Controlled Substances Act is amended by inserting 

9 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.’’. 

10 SEC. 107. MULTIPLE INTERSTATE MURDER. 

11 Part I of chapter 51 of title 18, United States Code, 

12 is amended by adding at the end the following new section: 

13 ‘‘§ 1123. Use of interstate commerce facilities in the 

14 Commission of multiple murder 

15 ‘‘(a) IN GENERAL.—Whoever travels in or causes an16 other (including the intended victim) to travel in interstate 

17 or foreign commerce, or uses or causes another (including 

18 the intended victim) to use the mail or any facility of inter19 state or foreign commerce, or who conspires or attempts 

20 to do so, with intent that 2 or more intentional homicides 

21 be committed in violation of the laws of any State or the 

22 United States shall, in addition to being subject to a fine 

23 under this title— 
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1 ‘‘(1) if the offense results in the death of any 

2 person, be sentenced to death or life in prison; 

3 ‘‘(2) if the offense results is assault resulting in 

4 serious bodily injury (as defined in section 1365), be 

5 imprisoned for life or any term of years not less 

6 than 20; and 

7 ‘‘(3) in any other case, be imprisoned for life or 

8 for any term of years not less than 10. 

9 ‘‘(b) DEFINITION.—The term ‘State’ means each of 

10 the several States of the United States, the District of 

11 Columbia, and any commonwealth, territory, or possession 

12 of the United States.’’. 

13 SEC. 108. ADDITIONAL RACKETEERING ACTIVITY. 

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

15 amended— 

16 (1) in subparagraph (A), by inserting ‘‘, or 

17 would have been so chargeable if the act or threat 

18 had not been committed in Indian country (as de19 fined in section 1151) or in any other area of exclu20 sive Federal jurisdiction,’’ after ‘‘chargeable under 

21 State law’’; and 

22 (2) in subparagraph (B), by inserting ‘‘section 

23 1123 (relating to interstate murder),’’ after ‘‘section 

24 1084 (relating to the transmission of wagering infor25 mation),’’. 
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1 SEC. 109. EXPANSION OF REBUTTABLE PRESUMPTION 

2 AGAINST RELEASE OF PERSONS CHARGED 

3 WITH FIREARMS OFFENSES. 

4 Section 3142 of title 18, United States Code, is 

5 amended— 

6 (1) in subsection (e), in the matter following 

7 paragraph (3)— 

8 (A) by inserting ‘‘an offense under section 

9 922(g)(1) where the underlying conviction is a 

10 drug trafficking crime (as defined in section 

11 924(c)) or a crime of violence,’’ after ‘‘that the 

12 person committed’’; and 

13 (B) by inserting ‘‘or’’ before ‘‘the Mari14 time’’; and 

15 (2) in subsection (g), by amending paragraph 

16 (1) to read as follows: 

17 ‘‘(1) the nature and circumstances of the of18 fense charged, including whether the offense is a 

19 crime of violence, or involves a controlled substance, 

20 firearm, explosive, or destructive devise;’’. 

21 SEC. 110. VENUE IN CAPITAL CASES. 

22 Section 3235 of title 18, United States Code, is 

23 amended to read as follows: 

24 ‘‘§ 3235. Venue in capital cases 

25 ‘‘(a) The trial for any offense punishable by death 

26 shall be held in the district where the offense was com-
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1 mitted or in any district in which the offense began, con2 tinued, or was completed. 

3 ‘‘(b) If the offense, or related conduct, under sub4 section (a) involves activities which affect interstate or for5 eign commerce, or the importation of an object or person 

6 into the United States, such offense may be prosecuted 

7 in any district in which those activities occurred.’’. 

8 SEC. 111. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

9 (a) IN GENERAL.—Chapter 214 of title 18, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 3296. Violent crime offenses 

13 ‘‘No person shall be prosecuted, tried, or punished 

14 for any noncapital felony, crime of violence, including any 

15 racketeering activity or gang crime which involves any 

16 crime of violence, unless the indictment is found or the 

17 information is instituted not later than 15 years after the 

18 date on which the alleged violation occurred or the con19 tinuing offense was completed.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 214 of title 18, United States 

22 Code, is amended by adding at the end the following: 

‘‘3296. Violent crime offenses.’’. 
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1 SEC. 112. MODIFICATION OF DEFINITION OF CRIME OF VIO2 LENCE. 

3 Section 16(b) of title 18, United States Code, is 

4 amended to read as follows: 

5 ‘‘(b) any other offense that is an offense punishable 

6 by imprisonment for more than one year and that, by its 

7 nature, involves a substantial risk that physical force may 

8 be used against the person or property of another, or is 

9 an offense punishable under subparagraphs (A), (B), or 

10 (C) of section 401(b)(1) of the Controlled Substances 

11 Act.’’. 

12 SEC. 113. CLARIFICATION TO HEARSAY EXCEPTION FOR 

13 FORFEITURE BY WRONGDOING. 

14 Rule 804(b)(6) of the Federal Rules of Evidence is 

15 amended to read as follows: 

16 ‘‘(6) FORFEITURE BY WRONGDOING.—A state17 ment offered against a party who has engaged or ac18 quiesced in wrongdoing, or who could reasonably 

19 foresee such wrongdoing would take place, if the 

20 wrongdoing was intended to, and did, procure the 

21 unavailability of the declarant as a witness.’’. 

22 SEC. 114. INCREASED PENALTIES FOR CRIMINAL USE OF 

23 FIREARMS IN CRIMES OF VIOLENCE AND 

24 DRUG TRAFFICKING. 

25 (a) IN GENERAL.—Section 924(c)(1)(A) of title 18, 

26 United States Code, is amended— 
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1 (1) in paragraph (1)(A)— 

2 (A) by striking ‘‘shall’’ and inserting ‘‘or 

3 conspires to commit any of the above acts, 

4 shall, for each instance in which the firearm is 

5 used, carried, or possessed’’; 

6 (B) in clause (i), by striking ‘‘5 years’’ and 

7 inserting ‘‘7 years’’; and 

8 (C) by striking clauses (ii) and (iii) and in9 serting the following: 

10 ‘‘(ii) if the firearm is discharged, be 

11 sentenced to a term of imprisonment of 

12 not less than 15 years; and 

13 ‘‘(iii) if the firearm is used to wound, 

14 injure, or maim another person, be sen15 tenced to a term of imprisonment of not 

16 less than 20 years.’’; and 

17 (2) by striking paragraph (4). 

18 (b) CONFORMING AMENDMENT.—Section 924 of title 

19 18, United States Code, is amended by striking subsection 

20 (o). 

21 SEC. 115. TRANSFER OF JUVENILES. 

22 The 4th undesignated paragraph of section 5032 of 

23 title 18, United States Code, is amended— 

24 (1) by striking ‘‘A juvenile’’ where it appears at 

25 the beginning of the paragraph and inserting ‘‘Ex-
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1 cept as otherwise provided in this chapter, a juve2 nile’’ ; 

3 (2) by striking ‘‘as an adult, except that, with’’ 

4 and inserting ‘‘as an adult. With’’; and 

5 (3) by striking ‘‘However, a juvenile’’ and all 

6 that follows through ‘‘criminal prosecution.’’ at the 

7 end of the paragraph and inserting ‘‘The Attorney 

8 General may prosecute as an adult a juvenile who is 

9 alleged to have committed an act after that juve10 nile’s 16th birthday which if committed by an adult 

11 would be a crime of violence that is a felony, an of12 fense described in subsection (d), (i), (j), (k), (o), 

13 (p), (q), (u), or (x) of section 922 (relating to unlaw14 ful acts), or subsection (b), (c), (g), (h), (k), (l), (m), 

15 or (n) of section 924 (relating to penalties), section 

16 930 (relating to possession of firearms and dan17 gerous weapons in Federal facilities), or section 931 

18 (relating to purchase, ownership, or possesion of 

19 body armor by violent felons). The decision whether 

20 or not to prosecute a juvenile as an adult under the 

21 immediately preceding sentence is not subject to ju22 dicial review in any court. In a prosecution under 

23 that sentence, the juvenile may be prosecuted and 

24 convicted as an adult for any other offense which is 

25 properly joined under the Federal Rules of Criminal 
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1 Procedure, and may also be convicted as an adult of 

2 any lesser included offense.’’. 

3 TITLE II—INCREASED FEDERAL 

4 RESOURCES TO DETER AND 

5 PREVENT AT-RISK YOUTH 

6 FROM JOINING ILLEGAL 

7 STREET GANGS 

8 SEC. 201. DESIGNATION OF AND ASSISTANCE FOR ‘‘HIGH IN9 TENSITY’’ INTERSTATE GANG ACTIVITY 

10 AREAS. 

11 (a) DEFINITIONS.—In this section the following defi12 nitions shall apply: 

13 (1) GOVERNOR.—The term ‘‘Governor’’ means 

14 a Governor of a State or the Mayor of the District 

15 of Columbia. 

16 (2) HIGH INTENSITY INTERSTATE GANG ACTIV17 ITY AREA.—The term ‘‘high intensity interstate 

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

19 that is designated as a high intensity interstate gang 

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

21 (3) STATE.—The term ‘‘State’’ means a State 

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

23 any commonwealth, territory, or possession of the 

24 United States. 
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1 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

2 AREAS.— 

3 (1) DESIGNATION.—The Attorney General, 

4 after consultation with the Governors of appropriate 

5 States, may designate as high intensity interstate 

6 gang activity areas, specific areas that are located 

7 within 1 or more States. 

8 (2) ASSISTANCE.—In order to provide Federal 

9 assistance to high intensity interstate gang activity 

10 areas, the Attorney General shall— 

11 (A) establish criminal street gang enforce12 ment teams, consisting of Federal, State, and 

13 local law enforcement authorities, for the co14 ordinated investigation, disruption, apprehen15 sion, and prosecution of criminal street gangs 

16 and offenders in each high intensity interstate 

17 gang activity area; 

18 (B) direct the reassignment or detailing 

19 from any Federal department or agency (sub20 ject to the approval of the head of that depart21 ment or agency, in the case of a department or 

22 agency other than the Department of Justice) 

23 of personnel to each criminal street gang en24 forcement team; 
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1 (C) provide all necessary funding for the 

2 operation of the criminal street gang enforce3 ment team in each high intensity interstate 

4 gang activity area; and 

5 (D) provide all necessary funding for na6 tional and regional meetings of criminal street 

7 gang enforcement teams, and all other related 

8 organizations, as needed, to ensure effective op9 eration of such teams through the sharing of 

10 intelligence, best practices and for any other re11 lated purpose. 

12 (3) COMPOSITION OF CRIMINAL STREET GANG

13 ENFORCEMENT TEAM.—The team established pursu14 ant to paragraph (2)(A) shall consist of agents and 

15 officers, where feasible, from— 

16 (A) the Federal Bureau of Investigation; 

17 (B) the Drug Enforcement Administration; 

18 (C) the Bureau of Alcohol, Tobacco, Fire19 arms, and Explosives; 

20 (D) the United States Marshals Service; 

21 (E) the Directorate of Border and Trans22 portation Security of the Department of Home23 land Security; 

24 (F) the Department of Housing and Urban 

25 Development; 
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1 (G) State and local law enforcement; and 

2 (H) Federal, State, and local prosecutors. 

3 (4) CRITERIA FOR DESIGNATION.—In consid4 ering an area for designation as a high intensity 

5 interstate gang activity area under this section, the 

6 Attorney General shall consider— 

7 (A) the current and predicted levels of 

8 gang crime activity in the area; 

9 (B) the extent to which violent crime in 

10 the area appears to be related to criminal street 

11 gang activity, such as drug trafficking, murder, 

12 robbery, assaults, carjacking, arson, kidnap13 ping, extortion, and other criminal activity; 

14 (C) the extent to which State and local law 

15 enforcement agencies have committed resources 

16 to— 

17 (i) respond to the gang crime prob18 lem; and 

19 (ii) participate in a gang enforcement 

20 team; 

21 (D) the extent to which a significant in22 crease in the allocation of Federal resources 

23 would enhance local response to the gang crime 

24 activities in the area; and 
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1 (E) any other criteria that the Attorney 

2 General considers to be appropriate. 

3 (c) ADDITIONAL ASSISTANT U.S. ATTORNEYS.—The 

4 Attorney General is authorized to hire 94 additional As5 sistant United States attorneys to carry out the provisions 

6 of this section. Each attorney hired under this subsection 

7 shall be assigned to a high intensity interstate gang activ8 ity area. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated— 

11 (1) $50,000,000 for each of the fiscal years 

12 2006 through 2010 to carry out subsection (b); and 

13 (2) $7,500,000 for each of the fiscal years 2006 

14 through 2010 to carry out subsection (c). 

15 SEC. 202. GRANTS TO STATE AND LOCAL PROSECUTORS TO 

16 COMBAT VIOLENT CRIME AND TO PROTECT 

17 WITNESSES AND VICTIMS OF CRIMES. 

18 (a) IN GENERAL.—Section 31702 of the Violent 

19 Crime Control and Law Enforcement Act of 1994 (42 

20 U.S.C. 13862) is amended — 

21 (1) in paragraph (3), by striking ‘‘and’’ at the 

22 end; 

23 (2) in paragraph (4), by striking the period at 

24 the end and inserting a semicolon; and 

25 (3) by adding at the end the following: 
26 

•HR 1279 IH 

1 ‘‘(5) to hire additional prosecutors to— 

2 ‘‘(A) allow more cases to be prosecuted; 

3 and 

4 ‘‘(B) reduce backlogs; 

5 ‘‘(6) to fund technology, equipment, and train6 ing for prosecutors and law enforcement in order to 

7 increase accurate identification of gang members 

8 and violent offenders, and to maintain databases 

9 with such information to facilitate coordination 

10 among law enforcement and prosecutors; and 

11 ‘‘(7) to fund technology, equipment, and train12 ing for prosecutors to increase the accurate identi13 fication and successful prosecution of young violent 

14 offenders.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 31707 of the Violent Crime Control and Law Enforcement 

17 Act of 1994 (42 U.S.C. 13867) is amended to read as 

18 follows: 

19 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

20 ‘‘There are authorized to be appropriated 

21 $20,000,000 for each of the fiscal years 2006 through 

22 2010 to carry out this subtitle.’’. 

Æ