II 

110TH CONGRESS 

1ST SESSION S. 456 

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 SENATE OF THE UNITED STATES 

JANUARY 31, 2007 

Mrs. FEINSTEIN (for herself, Mr. HATCH, Mr. SCHUMER, Mr. SPECTER, Mr. 

BIDEN, Mr. KYL, Mr. STEVENS, Ms. CANTWELL, Mr. COLEMAN, Ms. MIKULSKI, Mr. BAUCUS, Mr. PRYOR, Mr. SALAZAR, Mrs. MURRAY, Mr. 

BROWN, Mrs. CLINTON, Mrs. DOLE, Mr. CORNYN, Mr. KOHL, and Mr. 

CASEY) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, 

to deter and punish violent gang crime, to protect lawabiding 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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Gang Abatement and 

3 Prevention Act of 2007’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 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 

NATIONAL GANGS 

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

TITLE II—VIOLENT CRIME REFORMS TO REDUCE GANG 

VIOLENCE 

Sec. 201. Violent crimes in aid of racketeering activity. 

Sec. 202. Murder and other violent crimes committed during and in relation to 

a drug trafficking crime. 

Sec. 203. Expansion of rebuttable presumption against release of persons 

charged with firearms offenses. 

Sec. 204. Statute of limitations for violent crime. 

Sec. 205. Study of hearsay exception for forfeiture by wrongdoing. 

Sec. 206. Possession of firearms by dangerous felons. 

Sec. 207. Conforming amendment. 

Sec. 208. Amendments relating to violent crime. 

Sec. 209. Crimes of violence and drug crimes committed by illegal aliens. 

Sec. 210. Publicity campaign about new criminal penalties. 

Sec. 211. Statute of limitations for terrorism offenses. 

Sec. 212. Crimes committed in Indian country or exclusive Federal jurisdiction 

as racketeering predicates. 

Sec. 213. Predicate crimes for authorization of interception of wire, oral, and 

electronic communications. 

Sec. 214. Clarification of Hobbs Act. 

TITLE III—INCREASED FEDERAL RESOURCES TO DETER AND 

PREVENT AT-RISK YOUTH FROM JOINING ILLEGAL STREET 

GANGS AND FOR OTHER PURPOSES 

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

Sec. 302. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs. 

Sec. 303. Additional resources needed by the Federal Bureau of Investigation 

to investigate and prosecute violent criminal street gangs. 

Sec. 304. Grants to prosecutors and law enforcement to combat violent crime. 

Sec. 305. Short-Term State Witness Protection Section. 

Sec. 306. Witness protection services. 


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Sec. 307. Expansion of Federal witness relocation and protection program. 

Sec. 308. Family abduction prevention grant program. 

1 SEC. 3. FINDINGS. 

2 Congress finds that— 

3 (1) violent crime and drug trafficking are per4 vasive problems at the national, State, and local 

5 level; 

6 (2) according to recent Federal Bureau of In7 vestigation, Uniform Crime Reports, violent crime in 

8 the United States is on the rise, with a 2.5 percent 

9 increase in violent crime in 2005 (the largest in10 crease in the United States in 15 years) and an even 

11 larger 3.7 percent jump during the first 6 months 

12 of 2006; 

13 (3) these disturbing rises in violent crime are 

14 attributable in part to the spread of criminal street 

15 gangs and the willingness of gang members to com16 mit acts of violence and drug trafficking offenses; 

17 (4) according to a recent National Drug Threat 

18 Assessment, criminal street gangs are responsible for 

19 much of the retail distribution of the cocaine, meth20 amphetamine, heroin, and other illegal drugs being 

21 distributed in rural and urban communities through22 out the United States; 

23 (5) gangs commit acts of violence or drug of24 fenses for numerous motives, such as membership in 


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

2 and for profit; 

3 (6) gang presence and intimidation, and the or4 ganized and repetitive nature of the crimes that 

5 gangs commit, has a pernicious effect on the free 

6 flow of interstate commercial activities and directly 

7 affects the freedom and security of communities 

8 plagued by gang activity, diminishing the value of 

9 property, inhibiting the desire of national and multi10 national corporations to transact business in those 

11 communities, and in a variety of ways significantly 

12 affecting interstate and foreign commerce; 

13 (7) gangs often recruit and utilize minors to en14 gage in acts of violence and other serious offenses 

15 out of a belief that the criminal justice systems are 

16 more lenient on juvenile offenders; 

17 (8) gangs often intimidate and threaten wit18 nesses to prevent successful prosecutions; 

19 (9) gang recruitment can be deterred through 

20 increased vigilance, strong criminal penalties, part21 nerships between Federal and State and local law 

22 enforcement, and proactive intervention efforts, par23 ticularly targeted at juveniles, prior to gang involve24 ment; 


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1 (10) State and local prosecutors and law en2 forcement officers, in hearings before the Committee 

3 on the Judiciary of the Senate and elsewhere, have 

4 enlisted the help of Congress in the prevention, in5 vestigation, and prosecution of gang crimes and in 

6 the protection of witnesses and victims of gang 

7 crimes; and 

8 (11) because State and local prosecutors and 

9 law enforcement have the expertise, experience, and 

10 connection to the community that is needed to assist 

11 in combating gang violence, consultation and coordi12 nation between Federal, State, and local law enforce13 ment is critical to the successful prosecutions of 

14 criminal street gangs. 

15 TITLE I—NEW FEDERAL CRIMI16 NAL LAWS NEEDED TO FIGHT 

17 NATIONAL GANGS 

18 SEC. 101. REVISION AND EXTENSION OF PENALTIES RE19 LATED TO CRIMINAL STREET GANG ACTIV20 ITY. 

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

22 States Code, is amended to read as follows: 

23 ‘‘CHAPTER 26—CRIMINAL STREET GANGS 

‘‘Sec. 

‘‘521. Definitions. 

‘‘522. Criminal street gang prosecutions. 

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


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‘‘524. Violent crimes in furtherance of criminal street gangs. 

‘‘525. Forfeiture. 

1 ‘‘§ 521. Definitions 

2 ‘‘In this chapter: 

3 ‘‘(1) CRIMINAL STREET GANG.—The term 

4 ‘criminal street gang’ means a formal or informal 

5 group or association of 5 or more individuals, who 

6 commit 3 or more gang crimes (not less than 1 of 

7 which is a serious violent felony), in 3 or more sepa8 rate criminal episodes (not less than 1 of which oc9 curs after the date of enactment of the Gang Abate10 ment and Prevention Act of 2007, and the last of 

11 which occurs not later than 5 years after the com12 mission of a prior gang crime (excluding any time of 

13 imprisonment for that individual)). 

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

15 means a felony offense under Federal or State law 

16 punishable by imprisonment for more than 1 year, 

17 in any of the following categories: 

18 ‘‘(A) A crime that has as an element the 

19 use, attempted use, or threatened use of phys20 ical force against the person of another, or is 

21 burglary, arson, or extortion. 

22 ‘‘(B) A crime involving obstruction of jus23 tice, or tampering with or retaliating against a 

24 witness, victim, or informant. 


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

2 importing, distributing, possessing with intent 

3 to distribute, or otherwise trafficking in a con4 trolled substance or listed chemical (as those 

5 terms are defined in section 102 of the Con6 trolled Substances Act (21 U.S.C. 802)). 

7 ‘‘(D) Any conduct punishable under— 

8 ‘‘(i) section 844 (relating to explosive 

9 materials); 

10 ‘‘(ii) subsection (a)(1), (d), (g)(1) 

11 (where the underlying conviction is a vio12 lent felony or a serious drug offense (as 

13 those terms are defined in section 924(e)), 

14 (g)(2), (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), 

15 (i), (j), (k), (n), (o), (p), (q), (u), or (x) of 

16 section 922 (relating to unlawful acts); 

17 ‘‘(iii) subsection (b), (c), (g), (h), (k), 

18 (l), (m), or (n) of section 924 (relating to 

19 penalties); 

20 ‘‘(iv) section 930 (relating to posses21 sion of firearms and dangerous weapons in 

22 Federal facilities); 

23 ‘‘(v) section 931 (relating to purchase, 

24 ownership, or possession of body armor by 

25 violent felons); 


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1 ‘‘(vi) sections 1028 and 1029 (relating 

2 to fraud and related activity in connection 

3 with identification documents or access de4 vices); 

5 ‘‘(vii) section 1084 (relating to trans6 mission of wagering information); 

7 ‘‘(viii) section 1952 (relating to inter8 state and foreign travel or transportation 

9 in aid of racketeering enterprises); 

10 ‘‘(ix) section 1956 (relating to the 

11 laundering of monetary instruments); 

12 ‘‘(x) section 1957 (relating to engag13 ing in monetary transactions in property 

14 derived from specified unlawful activity); 

15 or 

16 ‘‘(xi) sections 2312 through 2315 (re17 lating to interstate transportation of stolen 

18 motor vehicles or stolen property). 

19 ‘‘(E) Any conduct punishable under section 

20 274 (relating to bringing in and harboring cer21 tain aliens), section 277 (relating to aiding or 

22 assisting certain aliens to enter the United 

23 States), or section 278 (relating to importation 

24 of aliens for immoral purposes) of the ImmigraVerDate Aug 31 2005 00:09 Feb 03, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S456.IS S456

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1 tion and Nationality Act (8 U.S.C. 1324, 1327, 

2 and 1328). 

3 ‘‘(F) Any crime involving aggravated sex4 ual abuse, pimping or promoting prostitution, 

5 obscenity (including sections 1461 through 

6 1465), sexual exploitation of children (including 

7 sections 2251, 2251A, 2252 and 2260), peon8 age, slavery or trafficking in persons (including 

9 sections 1581 through 1592) and sections 2421 

10 through 2427 (relating to transport for illegal 

11 sexual activity). 

12 ‘‘(3) MINOR.—The term ‘minor’ means an indi13 vidual who is less than 18 years of age. 

14 ‘‘(4) SERIOUS VIOLENT FELONY.—The term 

15 ‘serious violent felony’ has the meaning given that 

16 term in section 3559. 

17 ‘‘(5) STATE.—The term ‘State’ means each of 

18 the several States of the United States, the District 

19 of Columbia, and any commonwealth, territory, or 

20 possession of the United States. 

21 ‘‘§ 522. Criminal street gang prosecutions 

22 ‘‘(a) STREET GANG CRIME.—It shall be unlawful for 

23 any person to knowingly commit, or conspire, threaten, or 

24 attempt to commit, a gang crime for the purpose of fur25 thering the activities of a criminal street gang, or gaining 


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1 entrance to or maintaining or increasing position in a 

2 criminal street gang, if the activities of that criminal street 

3 gang occur in or affect interstate or foreign commerce. 

4 ‘‘(b) PENALTY.—Any person who violates subsection 

5 (a) shall be fined under this title and— 

6 ‘‘(1) for murder, kidnapping, conduct that 

7 would violate section 2241 if the conduct occurred in 

8 the special maritime and territorial jurisdiction of 

9 the United States, or maiming, imprisonment for 

10 any term of years or for life; 

11 ‘‘(2) for any other serious violent felony, by im12 prisonment for not more than 30 years; 

13 ‘‘(3) for any crime of violence that is not a seri14 ous violent felony, by imprisonment for not more 

15 than 20 years; and 

16 ‘‘(4) for any other offense, by imprisonment for 

17 not more than 10 years. 

18 ‘‘§ 523. Recruitment of persons to participate in a 

19 criminal street gang 

20 ‘‘(a) PROHIBITED ACTS.—It shall be unlawful to 

21 knowingly recruit, employ, solicit, induce, command, or 

22 cause another person to be or remain as a member of a 

23 criminal street gang, or attempt or conspire to do so, with 

24 the intent to cause that person to participate in an offense 

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1 state or foreign commerce in the course of the offense, 

2 or if the activities of that criminal street gang are in or 

3 affect interstate or foreign commerce. 

4 ‘‘(b) PENALTIES.—Whoever violates subsection (a) 

5 shall— 

6 ‘‘(1) if the person recruited, employed, solicited, 

7 induced, commanded, or caused to participate or re8 main in a criminal street gang is a minor— 

9 ‘‘(A) be fined under this title, imprisoned 

10 not more than 20 years, or both; and 

11 ‘‘(B) at the discretion of the sentencing 

12 judge, be liable for any costs incurred by the 

13 Federal Government, or by any State or local 

14 government, for housing, maintaining, and 

15 treating the minor until the person attains the 

16 age of 18 years; 

17 ‘‘(2) if the person who recruits, employs, solic18 its, induces, commands, or causes the participation 

19 or remaining in a criminal street gang is incarcer20 ated at the time the offense takes place, be fined 

21 under this title, imprisoned not more than 20 years, 

22 or both; and 

23 ‘‘(3) in any other case, be fined under this title, 

24 imprisoned not more than 10 years, or both. 


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1 ‘‘(c) CONSECUTIVE NATURE OF PENALTIES.—Any 

2 term of imprisonment imposed under subsection (b)(2) 

3 shall be consecutive to any term imposed for any other 

4 offense. 

5 ‘‘§ 524. Violent crimes in furtherance of criminal 

6 street gangs 

7 ‘‘(a) IN GENERAL.—It shall be unlawful for any per8 son, for the purpose of gaining entrance to or maintaining 

9 or increasing position in, or in furtherance of, or in asso10 ciation with, a criminal street gang, or as consideration 

11 for anything of pecuniary value to or from a criminal 

12 street gang, to knowingly commit a crime of violence or 

13 threaten to commit a crime of violence against any indi14 vidual, or attempt or conspire to do so, if the activities 

15 of the criminal state gang occur in or affect interstate or 

16 foreign commerce. 

17 ‘‘(b) PENALTY.—Any person who violates subsection 

18 (a) shall be punished by a fine under this title and— 

19 ‘‘(1) for murder, kidnapping, conduct that 

20 would violate section 2241 if the conduct occurred in 

21 the special maritime and territorial jurisdiction of 

22 the United States, or maiming, by imprisonment for 

23 any term of years or for life; 


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1 ‘‘(2) for a serious violent felony other than one 

2 described in paragraph (1), by imprisonment for not 

3 more than 30 years; and 

4 ‘‘(3) in any other case, by imprisonment for not 

5 more than 20 years. 

6 ‘‘§ 525. Forfeiture 

7 ‘‘(a) CRIMINAL FORFEITURE.—A person who is con8 victed of a violation of this chapter shall forfeit to the 

9 United States— 

10 ‘‘(1) any property used, or intended to be used, 

11 in any manner or part, to commit, or to facilitate 

12 the commission of, the violation; and 

13 ‘‘(2) any property constituting, or derived from, 

14 any proceeds obtained, directly or indirectly, as a re15 sult of the violation. 

16 ‘‘(b) PROCEDURES APPLICABLE.—Pursuant to sec17 tion 2461(c) of title 28, the provisions of section 413 of 

18 the Controlled Substances Act (21 U.S.C. 853), except 

19 subsections (a) and (d) of that section, shall apply to the 

20 criminal forfeiture of property under this section.’’. 

21 (b) AMENDMENT RELATING TO PRIORITY OF FOR22 FEITURE OVER ORDERS FOR RESTITUTION.—Section 

23 3663(c)(4) of title 18, United States Code, is amended 

24 by striking ‘‘chapter 46 or’’ and inserting ‘‘chapter 26, 

25 chapter 46, or’’ . 


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1 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

2 title 18, United States Code, is amended by inserting ‘‘, 

3 section 522 (relating to criminal street gang prosecutions), 

4 523 (relating to recruitment of persons to participate in 

5 a criminal street gang), and 524 (relating to violent crimes 

6 in furtherance of criminal street gangs)’’ before ‘‘, section 

7 541’’. 

8 TITLE II—VIOLENT CRIME RE9 FORMS TO REDUCE GANG VI10 OLENCE 

11 SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING AC12 TIVITY. 

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

14 amended— 

15 (1) in the matter preceding paragraph (1)— 

16 (A) by inserting ‘‘or in furtherance or in 

17 aid of an enterprise engaged in racketeering ac18 tivity,’’ before ‘‘murders,’’; and 

19 (B) by inserting ‘‘engages in conduct that 

20 would violate section 2241 if the conduct oc21 curred in the special maritime and territorial 

22 jurisdiction of the United States,’’ before 

23 ‘‘maims,’’; 

24 (2) in paragraph (1), by inserting ‘‘conduct 

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1 curred in the special maritime and territorial juris2 diction of the United States, or maiming,’’ after 

3 ‘‘kidnapping,’’; 

4 (3) in paragraph (2), by striking ‘‘maiming’’ 

5 and inserting ‘‘assault resulting in serious bodily in6 jury’’; 

7 (4) in paragraph (3), by striking ‘‘or assault re8 sulting in serious bodily injury’’; 

9 (5) in paragraph (4)— 

10 (A) by striking ‘‘five years’’ and inserting 

11 ‘‘10 years’’; and 

12 (B) by adding ‘‘and’’ at the end; and 

13 (6) by striking paragraphs (5) and (6) and in14 serting the following: 

15 ‘‘(5) for attempting or conspiring to commit 

16 any offense under this section, by the same penalties 

17 (other than the death penalty) as those prescribed 

18 for the offense, the commission of which was the ob19 ject of the attempt or conspiracy.’’. 

20 SEC. 202. MURDER AND OTHER VIOLENT CRIMES COM21 MITTED DURING AND IN RELATION TO A 

22 DRUG TRAFFICKING CRIME. 

23 (a) IN GENERAL.—Part D of the Controlled Sub24 stances Act (21 U.S.C. 841 et seq.) is amended by adding 

25 at the end the following: 


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1 ‘‘SEC. 424. MURDER AND OTHER VIOLENT CRIMES COM2 MITTED DURING AND IN RELATION TO A 

3 DRUG TRAFFICKING CRIME. 

4 ‘‘(a) IN GENERAL.—Whoever, during and in relation 

5 to any drug trafficking crime, knowingly commits any fel6 ony crime of violence against any individual, for which im7 prisonment for a period longer than 1 year may be im8 posed, or threatens, attempts or conspires to do so, shall 

9 be punished by a fine under title 18, United States Code, 

10 and, in addition and consecutive to the punishment pro11 vided for the drug trafficking crime— 

12 ‘‘(1) for murder, kidnapping, conduct that 

13 would violate section 2241 if the conduct occurred in 

14 the special maritime and territorial jurisdiction of 

15 the United States, or maiming, by imprisonment for 

16 any term of years or for life; 

17 ‘‘(2) for a serious violent felony (as defined in 

18 section 3559 of title 18, United States Code) other 

19 than one described in paragraph (1) by imprison20 ment for not more than 30 years; 

21 ‘‘(3) for a crime of violence that is not a serious 

22 violent felony, by imprisonment for not more than 

23 20 years; and 

24 ‘‘(4) in any other case by imprisonment for not 

25 more than 10 years. 


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

2 section may be brought in— 

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

4 other crime of violence occurred; or 

5 ‘‘(2) any judicial district in which the drug traf6 ficking crime may be prosecuted. 

7 ‘‘(c) DEFINITIONS.—In this section— 

8 ‘‘(1) the term ‘crime of violence’ has the mean9 ing given that term in section 16 of title 18, United 

10 States Code; and 

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

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

13 18, United States Code.’’. 

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

15 for the Controlled Substances Act is amended by inserting 

16 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.’’. 

17 SEC. 203. EXPANSION OF REBUTTABLE PRESUMPTION 

18 AGAINST RELEASE OF PERSONS CHARGED 

19 WITH FIREARMS OFFENSES. 

20 Section 3142(e) of title 18, United States Code, is 

21 amended in the matter following paragraph (3), by insert22 ing after ‘‘that the person committed’’ the following: ‘‘an 

23 offense under subsection (g)(1) (where the underlying con24 viction is a drug trafficking crime or crime of violence (as 


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1 those terms are defined in section 924(c))), (g)(2), (g)(3), 

2 (g)(4), (g)(5), (g)(8), or (g)(9) of section 922,’’. 

3 SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

4 (a) IN GENERAL.—Chapter 213 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 3299A. Violent crime offenses 

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

9 for any noncapital felony crime of violence, including any 

10 racketeering activity or gang crime which involves any 

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

12 information is instituted not later than 10 years after the 

13 date on which the alleged violation occurred or the con14 tinuing offense was completed.’’. 

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

16 at the beginning of chapter 213 of title 18, United States 

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

‘‘3299A. Violent crime offenses.’’. 

18 SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FOR19 FEITURE BY WRONGDOING. 

20 The Committee on Rules, Practice, Procedure, and 

21 Evidence of the Judicial Conference of the United States 

22 shall study the necessity and desirability of amending sec23 tion 804(b) of the Federal Rules of Evidence to permit 

24 the introduction of statements against a party by a wit25 ness who has been made unavailable where it is reasonably 


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1 foreseeable by that party that wrongdoing would make the 

2 declarant unavailable. 

3 SEC. 206. POSSESSION OF FIREARMS BY DANGEROUS FEL4 ONS. 

5 (a) IN GENERAL.—Section 924(e) of title 18, United 

6 States Code, is amended by striking paragraph (1) and 

7 inserting the following: 

8 ‘‘(1) In the case of a person who violates section 

9 922(g) of this title and has previously been convicted by 

10 any court referred to in section 922(g)(1) of a violent fel11 ony or a serious drug offense shall— 

12 ‘‘(A) in the case of 1 such prior conviction, 

13 where a period of not more than 10 years has 

14 elapsed since the later of the date of conviction and 

15 the date of release of the person from imprisonment 

16 for that conviction, be imprisoned for not more than 

17 15 years, fined under this title, or both; 

18 ‘‘(B) in the case of 2 such prior convictions, 

19 committed on occasions different from one another, 

20 and where a period of not more than 10 years has 

21 elapsed since the later of the date of conviction and 

22 the date of release of the person from imprisonment 

23 for the most recent such conviction, be imprisoned 

24 for not more than 20 years, fined under this title, 

25 or both; and 


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1 ‘‘(C) in the case of 3 such prior convictions, 

2 committed on occasions different from one another, 

3 and where a period of not more than 10 years has 

4 elapsed since the later of date of conviction and the 

5 date of release of the person from imprisonment for 

6 the most recent such conviction, be imprisoned for 

7 any term of years not less than 15 years or for life 

8 and fined under this title, and notwithstanding any 

9 other provision of law, the court shall not suspend 

10 the sentence of, or grant a probationary sentence to, 

11 such person with respect to the conviction under sec12 tion 922(g).’’. 

13 (b) AMENDMENT TO SENTENCING GUIDELINES.— 

14 Pursuant to its authority under section 994(p) of title 28, 

15 United States Code, the United States Sentencing Com16 mission shall amend the Federal Sentencing Guidelines to 

17 provide for an appropriate increase in the offense level for 

18 violations of section 922(g) of title 18, United States 

19 Code, in accordance with section 924(e) of that title 18, 

20 as amended by subsection (a). 

21 SEC. 207. CONFORMING AMENDMENT. 

22 The matter preceding paragraph (1) in section 

23 922(d) of title 18, United States Code, is amended by in24 serting ‘‘, transfer,’’ after ‘‘sell’’. 


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1 SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME. 

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

3 States Code, is amended— 

4 (1) in the matter preceding paragraph (1)— 

5 (A) by striking ‘‘, with the intent to cause 

6 death or serious bodily harm’’; 

7 (B) by inserting ‘‘in the physical presence 

8 of, and causing a reasonable apprehension of 

9 fear in, another individual’’ after ‘‘by force and 

10 violence’’; and 

11 (C) by inserting ‘‘or conspires’’ after ‘‘at12 tempts’’; 

13 (2) in paragraph (1), by striking ‘‘15 years’’ 

14 and inserting ‘‘20 years’’; and 

15 (3) in paragraph (2), by striking ‘‘or impris16 oned not more than 25 years, or both’’ and inserting 

17 ‘‘and imprisoned for any term of years or for life’’. 

18 (b) CLARIFICATION AND STRENGTHENING OF PROHI19 BITION ON ILLEGAL GUN TRANSFERS TO COMMIT DRUG

20 TRAFFICKING CRIME OR CRIME OF VIOLENCE.—Section 

21 924(h) of title 18, United States Code, is amended to read 

22 as follows: 

23 ‘‘(h) Whoever knowingly transfers a firearm that has 

24 moved in or that otherwise affects interstate or foreign 

25 commerce, knowing that the firearm will be used to com26 mit, or possessed in furtherance of, a crime of violence 


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1 (as defined in subsection (c)(3)) or drug trafficking crime 

2 (as defined in subsection (c)(2)) shall be fined under this 

3 title and imprisoned not more than 20 years.’’. 

4 (c) AMENDMENT OF SPECIAL SENTENCING PROVI5 SION RELATING TO LIMITATIONS ON CRIMINAL ASSOCIA6 TION.—Section 3582(d) of title 18, United States Code, 

7 is amended— 

8 (1) by inserting ‘‘chapter 26 of this title (crimi9 nal street gang prosecutions) or in’’ after ‘‘felony set 

10 forth in’’; and 

11 (2) by inserting ‘‘a criminal street gang or’’ be12 fore ‘‘an illegal enterprise’’. 

13 (d) CONSPIRACY PENALTY.—Section 371 of title 18, 

14 United States Code, is amended by striking ‘‘five years, 

15 or both.’’ and inserting ‘‘20 years (unless the maximum 

16 penalty for the crime that served as the object of the con17 spiracy has a maximum penalty of imprisonment of less 

18 than 20 years, in which case the maximum penalty under 

19 this section shall be the penalty for such crime), or both. 

20 This paragraph does not supersede any other penalty spe21 cifically set forth for a conspiracy offense.’’. 


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1 SEC. 209. CRIMES OF VIOLENCE AND DRUG CRIMES COM2 MITTED BY ILLEGAL ALIENS. 

3 (a) OFFENSES.—Title 18 of the United States Code, 

4 is amended by inserting after chapter 51 the following new 

5 chapter: 

6 ‘‘CHAPTER 52—ILLEGAL ALIENS 

‘‘Sec. 

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

7 ‘‘§ 1131. Enhanced penalties for certain crimes com8 mitted by illegal aliens 

9 ‘‘(a) IN GENERAL.—Whoever, being an alien who is 

10 present in the United States in violation of section 275 

11 or 276 of the Immigration and Nationality Act (8 U.S.C. 

12 1325 and 1326), knowingly commits, conspires, or at13 tempts to commit a felony crime of violence for which im14 prisonment for a period of more than 1 year may be im15 posed, or a drug trafficking crime (as defined in section 

16 924(c)), shall be fined under this title, imprisoned not 

17 more than 20 years, or both. 

18 ‘‘(b) PREVIOUSLY ORDERED REMOVED.—If the de19 fendant in a prosecution under subsection (a) was pre20 viously ordered removed under the Immigration and Na21 tionality Act on the grounds of having committed a crime, 

22 the defendant shall be fined under this title, imprisoned 

23 not more than 30 years, or both. 


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1 ‘‘(c) RUNNING OF SENTENCE.—A term of imprison2 ment imposed for an offense pursuant to this section may 

3 not run concurrently with any other sentence of imprison4 ment imposed for another offense.’’. 

5 (b) CLERICAL AMENDMENT.—The table of chapters 

6 at the beginning of part I of title 18, United States Code, 

7 is amended by inserting after the item relating to chapter 

8 51 the following new item: 

‘‘52. Illegal aliens ............................................................................... 1131’’. 

9 SEC. 210. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL 

10 PENALTIES. 

11 The Attorney General is authorized to conduct media 

12 campaigns in any area designated as a high intensity 

13 interstate gang activity area under section 301 and any 

14 area with existing and emerging problems with gangs, as 

15 needed, to educate individuals in that area about the 

16 changes in criminal penalties made by this Act, and shall 

17 report to the Committee on the Judiciary of the Senate 

18 and the Committee on the Judiciary of the House of Rep19 resentatives the amount of expenditures and all other as20 pects of the media campaign. 

21 SEC. 211. STATUTE OF LIMITATIONS FOR TERRORISM OF22 FENSES. 

23 Section 3286(a) of title 18, United States Code, is 

24 amended— 


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1 (1) in the subsection heading, by striking 

2 ‘‘EIGHT-YEAR’’ and inserting ‘‘TEN-YEAR’’; and 

3 (2) in the first sentence, by striking ‘‘8 years’’ 

4 and inserting ‘‘10 years’’. 

5 SEC. 212. CRIMES COMMITTED IN INDIAN COUNTRY OR EX6 CLUSIVE FEDERAL JURISDICTION AS RACK7 ETEERING PREDICATES. 

8 Section 1961(1)(A) of title 18, United States Code, 

9 is amended by inserting ‘‘, or would have been so charge10 able if the act or threat (other than gambling) had not 

11 been committed in Indian country (as defined in section 

12 1151) or in any other area of exclusive Federal jurisdic13 tion,’’ after ‘‘chargeable under State law’’. 

14 SEC. 213. PREDICATE CRIMES FOR AUTHORIZATION OF 

15 INTERCEPTION OF WIRE, ORAL, AND ELEC16 TRONIC COMMUNICATIONS. 

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

18 amended— 

19 (1) by striking ‘‘or’’ and the end of paragraph 

20 (r); 

21 (2) by redesignating paragraph (s) as para22 graph (u); and 

23 (3) by inserting after paragraph (r) the fol24 lowing: 


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1 ‘‘(s) any violation of section 424 of the Con2 trolled Substances Act (relating to murder and other 

3 violent crimes in furtherance of a drug trafficking 

4 crime); 

5 ‘‘(t) any violation of section 522, 523, or 524 

6 (relating to criminal street gangs); or’’. 

7 SEC. 214. CLARIFICATION OF HOBBS ACT. 

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

9 amended— 

10 (1) in paragraph (1), by inserting ‘‘including 

11 the unlawful impersonation of a law enforcement of12 ficer (as that term is defined in section 245(c) of 

13 this title),’’ after ‘‘by means of actual or threatened 

14 force,’’; and 

15 (2) in paragraph (2), by inserting ‘‘including 

16 the unlawful impersonation of a law enforcement of17 ficer (as that term is defined in section 245(c) of 

18 this title),’’ after ‘‘by wrongful use of actual or 

19 threatened force,’’. 


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1 TITLE III—INCREASED FEDERAL 

2 RESOURCES TO DETER AND 

3 PREVENT AT-RISK YOUTH 

4 FROM JOINING ILLEGAL 

5 STREET GANGS AND FOR 

6 OTHER PURPOSES 

7 SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH IN8 TENSITY INTERSTATE GANG ACTIVITY 

9 AREAS. 

10 (a) DEFINITIONS.—In this section: 

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

12 a Governor of a State, the Mayor of the District of 

13 Columbia, the tribal leader of an Indian tribe, or the 

14 chief executive of a Commonwealth, territory, or pos15 session of the United States. 

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

18 gang activity area’’ or ‘‘HIIGAA’’ means an area 

19 within a State or Indian country that is designated 

20 as a high intensity interstate gang activity area 

21 under subsection (b)(1). 

22 (3) INDIAN COUNTRY.—The term ‘‘Indian coun23 try’’ has the meaning given the term in section 1151 

24 of title 18, United States Code. 


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1 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

2 has the meaning given the term in section 4(e) of 

3 the Indian Self-Determination and Education Assist4 ance Act (25 U.S.C. 450b(e)). 

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

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

7 any commonwealth, territory, or possession of the 

8 United States. 

9 (6) TRIBAL LEADER.—The term ‘‘tribal leader’’ 

10 means the chief executive officer representing the 

11 governing body of an Indian tribe. 

12 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

13 AREAS.— 

14 (1) DESIGNATION.—The Attorney General, 

15 after consultation with the Governors of appropriate 

16 States, may designate as high intensity interstate 

17 gang activity areas, specific areas that are located 

18 within 1 or more States. 

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

20 assistance to high intensity interstate gang activity 

21 areas, the Attorney General shall— 

22 (A) establish local collaborative working 

23 groups, which shall include— 

24 (i) criminal street gang enforcement 

25 teams, consisting of Federal, State, tribal, 


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1 and local law enforcement authorities, for 

2 the coordinated investigation, disruption, 

3 apprehension, and prosecution of criminal 

4 street gangs and offenders in each high in5 tensity interstate gang activity area; 

6 (ii) school, community, and faith lead7 ers in the area; and 

8 (iii) service providers in the commu9 nity, including those experienced at reach10 ing youth who have been involved in vio11 lence and violent gangs or groups, to pro12 vide at-risk youth with positive alternatives 

13 to gangs and other violent groups and to 

14 address the needs of those who leave gangs 

15 and other violent groups; 

16 (B) direct the reassignment or detailing 

17 from any Federal department or agency (sub18 ject to the approval of the head of that depart19 ment or agency, in the case of a department or 

20 agency other than the Department of Justice) 

21 of personnel to each criminal street gang en22 forcement team; 

23 (C) provide all necessary funding for the 

24 operation of each local collaborative working 


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1 group in each high intensity interstate gang ac2 tivity area; and 

3 (D) provide all necessary funding for na4 tional and regional meetings of local collabo5 rative working groups, criminal street gang en6 forcement teams, and all other related organiza7 tions, as needed, to ensure effective operation of 

8 such teams through the sharing of intelligence 

9 and best practices and for any other related 

10 purpose. 

11 (3) COMPOSITION OF CRIMINAL STREET GANG

12 ENFORCEMENT TEAM.—Each team established 

13 under paragraph (2)(A)(i) shall consist of agents 

14 and officers, where feasible, from— 

15 (A) the Federal Bureau of Investigation; 

16 (B) the Drug Enforcement Administration; 

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

19 (D) the United States Marshals Service; 

20 (E) the Department of Homeland Security; 

21 (F) the Department of Housing and Urban 

22 Development; 

23 (G) State, local, and, where appropriate, 

24 tribal law enforcement; 


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

2 and 

3 (I) the Bureau of Indian Affairs, Office of 

4 Law Enforcement Services, where appropriate. 

5 (4) CRITERIA FOR DESIGNATION.—In consid6 ering an area for designation as a high intensity 

7 interstate gang activity area under this section, the 

8 Attorney General shall consider— 

9 (A) the current and predicted levels of 

10 gang crime activity in the area; 

11 (B) the extent to which violent crime in 

12 the area appears to be related to criminal street 

13 gang activity, such as drug trafficking, murder, 

14 robbery, assaults, carjacking, arson, kidnap15 ping, extortion, and other criminal activity; 

16 (C) the extent to which State, local, and, 

17 where appropriate, tribal law enforcement agen18 cies have committed resources to— 

19 (i) respond to the gang crime prob20 lem; and 

21 (ii) participate in a gang enforcement 

22 team; 

23 (D) the extent to which a significant in24 crease in the allocation of Federal resources 


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1 would enhance local response to the gang crime 

2 activities in the area; and 

3 (E) any other criteria that the Attorney 

4 General considers to be appropriate. 

5 (5) RELATION TO HIDTAS.—If the Attorney 

6 General establishes a high intensity interstate gang 

7 activity area that substantially overlaps geographi8 cally with any existing high intensity drug traf9 ficking area (in this section referred to as a 

10 ‘‘HIDTA’’), the Attorney General shall direct the 

11 local collaborative working group for that high inten12 sity interstate gang activity area to enter into an 

13 agreement with the Executive Board for that 

14 HIDTA, providing that— 

15 (A) the Executive Board of that HIDTA 

16 shall establish a separate high intensity inter17 state gang activity area law enforcement steer18 ing committee, and select (with a preference for 

19 Federal, State, and local law enforcement agen20 cies that are within the geographic area of that 

21 high intensity interstate gang activity area) the 

22 members of that committee, subject to the con23 currence of the Attorney General; 

24 (B) the high intensity interstate gang ac25 tivity area law enforcement steering committee 


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1 established under subparagraph (A) shall ad2 minister the funds provided under subsection 

3 (g)(1) for the Criminal Street Gang Enforce4 ment Team, after consulting with, and con5 sistent with the goals and strategies established 

6 by, that local collaborative working group; 

7 (C) the high intensity interstate gang ac8 tivity area law enforcement steering committee 

9 established under subparagraph (A) shall select, 

10 from Federal, State, and local law enforcement 

11 agencies within the geographic area of that high 

12 intensity interstate gang activity area, the 

13 members of the Criminal Street Gang Enforce14 ment Team; and 

15 (D) the Criminal Street Gang Enforcement 

16 Team of that high intensity interstate gang ac17 tivity area, and its law enforcement steering 

18 committee, may, with approval of the Executive 

19 Board of the HIDTA with which it overlaps, 

20 utilize the intelligence-sharing, administrative, 

21 and other resources of that HIDTA. 

22 (c) REPORTING REQUIREMENTS.—Not later than 

23 February 1 of each year, the Attorney General shall pro24 vide a report to Congress which describes, for each des25 ignated high intensity interstate gang activity area— 


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1 (1) the specific long-term and short-term goals 

2 and objectives; 

3 (2) the measurements used to evaluate the per4 formance of the high intensity interstate gang activ5 ity area in achieving the long-term and short-term 

6 goals; 

7 (3) the age, composition, and membership of 

8 gangs; 

9 (4) the number and nature of crimes committed 

10 by gangs; and 

11 (5) the definition of the term gang used to com12 pile this report. 

13 (d) NATIONAL GANG ACTIVITY DATABASE.— 

14 (1) IN GENERAL.—From amounts made avail15 able to carry out this section, the Attorney General 

16 shall establish a National Gang Activity Database to 

17 be housed at and administered by the Federal Bu18 reau of Investigation. 

19 (2) DESCRIPTION.—The database required by 

20 paragraph (1) shall— 

21 (A) be designed to disseminate gang infor22 mation to law enforcement agencies throughout 

23 the country; 

24 (B) contain critical information on gangs, 

25 gang members, firearms, criminal activities, veVerDate Aug 31 2005 00:09 Feb 03, 2007 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S456.IS S456

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1 hicles, and other information useful for inves2 tigators in solving gang-related crimes; and 

3 (C) operate in a manner that enables law 

4 enforcement agencies to— 

5 (i) identify gang members involved in 

6 crimes; 

7 (ii) track the movement of gangs and 

8 members throughout the region; 

9 (iii) coordinate law enforcement re10 sponse to gang violence; 

11 (iv) enhance officer safety; 

12 (v) provide realistic, up to date figures 

13 and statistical data on gang crime and vio14 lence; 

15 (vi) forecast trends and respond ac16 cordingly; and 

17 (vii) more easily solve crimes and pre18 vent violence. 

19 (e) ADDITIONAL ASSISTANT UNITED STATES ATTOR20 NEYS.—The Attorney General is authorized to hire 94 ad21 ditional Assistant United States attorneys to carry out the 

22 provisions of this section. Each attorney hired under this 

23 subsection shall be assigned to a high intensity interstate 

24 gang activity area. 


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1 (f) NATIONAL GANG RESEARCH, EVALUATION, AND

2 POLICY INSTITUTE.— 

3 (1) IN GENERAL.—The Bureau of Justice As4 sistance of the Department of Justice, after con5 sulting with relevant with law enforcement officials, 

6 practitioners and researchers, shall establish a Na7 tional Gang Research, Evaluation, and Policy Insti8 tute (in this subsection referred to as the ‘‘Insti9 tute’’). 

10 (2) ACTIVITIES.—The Institute shall promote 

11 and facilitate the implementation of effective gang 

12 violence prevention models, including the Operation 

13 Ceasefire gang violence prevention strategy and 

14 other effective strategies to prevent gang violence. 

15 The Institute shall assist jurisdictions in designing 

16 and implementing effective local strategies, and shall 

17 provide technical assistance and conduct research in 

18 support of its mission. 

19 (3) NATIONAL CONFERENCE.—Not later than 

20 90 days after the date of its formation, the Institute 

21 shall design and conduct a national conference to 

22 prevent gang violence, and to teach and promote 

23 gang violence prevention strategies. The conference 

24 shall be attended by appropriate representatives 

25 from criminal street enforcement teams, and local 


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1 collaborative working groups, including community, 

2 religious, and social service organizations. 

3 (4) NATIONAL DEMONSTRATION SITES.—Not 

4 later than 120 days after the date of its formation, 

5 the Institute shall select appropriate HIIGAA areas 

6 to serve as primary national demonstration sites, 

7 based on the nature, concentration and distribution 

8 of various gang types, and the range of particular 

9 gang-related issues. The Institute shall thereafter es10 tablish such other, secondary sites, to be linked to 

11 and receive technical assistance through the primary 

12 sites, as it may deem appropriate. 

13 (5) DISSEMINATION OF INFORMATION.—Not 

14 later than 180 days after the date of its formation, 

15 the Institute shall develop and begin dissemination 

16 of information, including guides, research and as17 sessment models, case studies, evaluations, and best 

18 practices. The Institute shall also create a website, 

19 designed to support the implementation of successful 

20 gang violence prevention models, and disseminate 

21 appropriate information to assist jurisdictions in re22 ducing gang violence. 

23 (6) SUPPORT.—The Institute shall obtain initial 

24 and continuing support from experienced researchers 

25 and practitioners, as it deems necessary, to assist in 


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1 implementing its strategies nationally, regionally, 

2 and locally. 

3 (7) RESEARCH AGENDA.—The Institute shall 

4 establish and implement a core research agenda de5 signed to address areas of particular challenge, in6 cluding— 

7 (A) how best to apply Operation Ceasefire 

8 or other successful models to particularly large 

9 jurisdictions; 

10 (B) how to foster and maximize the con11 tinuing impact of community moral voices in 

12 this context; 

13 (C) how to ensure the long-term sustain14 ability of reduced violent crime levels once ini15 tial levels of enthusiasm may subside; and 

16 (D) how to apply existing intervention 

17 frameworks to emerging regional or national 

18 gang problems, such as the emergence of the 

19 gang known as MS–13. 

20 (8) EVALUATION.—The National Institute of 

21 Justice shall evaluate, on a continuing basis, gang 

22 violence prevention strategies supported by the Insti23 tute, and shall report the results of these evaluations 

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1 mittee on the Judiciary of the House of Representa2 tives. 

3 (9) FUNDS.—The Attorney General shall use 

4 not less than 3 percent, and not more than 5 per5 cent, of the amounts made available under this sec6 tion to establish and operate the Institute. 

7 (g) USE OF FUNDS.—Of amounts made available to 

8 a local collaborative working group under this section for 

9 each fiscal year that are remaining after the costs of hir10 ing a full time coordinator for the local collaborative ef11 fort— 

12 (1) 50 percent shall be used for the operation 

13 of criminal street gang enforcement teams; and 

14 (2) 50 percent shall be used— 

15 (A) to provide at-risk youth with positive 

16 alternatives to gangs and other violent groups 

17 and to address the needs of those who leave 

18 gangs and other violent groups through— 

19 (i) service providers in the community, 

20 including schools and school districts; and 

21 (ii) faith leaders and other individuals 

22 experienced at reaching youth who have 

23 been involved in violence and violent gangs 

24 or groups; 


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1 (B) for the establishment and operation of 

2 the National Gang Research, Evaluation, and 

3 Policy Institute; and 

4 (C) to support and provide technical assist5 ance to research in criminal justice, social serv6 ices, and community gang violence prevention 

7 collaborations. 

8 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 $100,000,000 for each of fiscal years 2008 through 2012. 

11 Any funds made available under this subsection shall re12 main available until expended. 

13 SEC. 302. ENHANCEMENT OF PROJECT SAFE NEIGHBOR14 HOODS INITIATIVE TO IMPROVE ENFORCE15 MENT OF CRIMINAL LAWS AGAINST VIOLENT 

16 GANGS. 

17 (a) IN GENERAL.—While maintaining the focus of 

18 Project Safe Neighborhoods as a comprehensive, strategic 

19 approach to reducing gun violence in America, the Attor20 ney General is authorized to expand the Project Safe 

21 Neighborhoods program to require each United States at22 torney to— 

23 (1) identify, investigate, and prosecute signifi24 cant criminal street gangs operating within their dis25 trict; and 


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1 (2) coordinate the identification, investigation, 

2 and prosecution of criminal street gangs among Fed3 eral, State, and local law enforcement agencies. 

4 (b) ADDITIONAL STAFF FOR PROJECT SAFE NEIGH5 BORHOODS.— 

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

7 hire Assistant United States attorneys, non-attorney 

8 coordinators, or paralegals to carry out the provi9 sions of this section. 

10 (2) ENFORCEMENT.—The Attorney General 

11 may hire Bureau of Alcohol, Tobacco, Firearms, and 

12 Explosives agents for, and otherwise expend addi13 tional resources in support of, the Project Safe 

14 Neighborhoods/Firearms Violence Reduction pro15 gram. 

16 (3) AUTHORIZATION OF APPROPRIATIONS.— 

17 There are authorized to be appropriated 

18 $20,000,000 for each of fiscal years 2008 through 

19 2012 to carry out this section. Any funds made 

20 available under this paragraph shall remain available 

21 until expended. 


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1 SEC. 303. 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 is authorized to require the Federal 

7 Bureau of Investigation to— 

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

10 (2) support criminal street gang enforcement 

11 teams. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) IN GENERAL.—In addition to amounts oth14 erwise authorized, there are authorized to be appro15 priated to the Attorney General $10,000,000 for 

16 each of fiscal years 2008 through 2012 to carry out 

17 the Safe Streets Program. 

18 (2) AVAILABILITY.—Any amounts appropriated 

19 under paragraph (1) shall remain available until ex20 pended. 

21 SEC. 304. GRANTS TO PROSECUTORS AND LAW ENFORCE22 MENT TO COMBAT VIOLENT CRIME. 

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

24 Crime Control and Law Enforcement Act of 1994 (42 

25 U.S.C. 13862) is amended— 


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

2 end; 

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

4 the end and inserting a semicolon; and 

5 (3) by adding at the end the following: 

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

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

8 and 

9 ‘‘(B) reduce backlogs; and 

10 ‘‘(6) to fund technology, equipment, and train11 ing for prosecutors and law enforcement in order to 

12 increase accurate identification of gang members 

13 and violent offenders, and to maintain databases 

14 with such information to facilitate coordination 

15 among law enforcement and prosecutors.’’. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 31707 of the Violent Crime Control and Law Enforcement 

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

19 follows: 

20 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘There are authorized to be appropriated 

22 $20,000,000 for each of the fiscal years 2008 through 

23 2012 to carry out this subtitle.’’. 


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1 SEC. 305. SHORT-TERM STATE WITNESS PROTECTION SEC2 TION. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—Chapter 37 of title 28, 

5 United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 570. Short-Term State Witness Protection Section 

8 ‘‘(a) IN GENERAL.—There is established in the 

9 United States Marshals Service a Short-Term State Wit10 ness Protection Section which shall provide protection for 

11 witnesses in State and local trials involving homicide or 

12 other major violent crimes pursuant to cooperative agree13 ments with State and local criminal prosecutor’s offices 

14 and the United States attorney for the District of Colum15 bia. 

16 ‘‘(b) ELIGIBILITY.—The Short-Term State Witness 

17 Protection Section shall give priority in awarding grants 

18 and providing services to criminal prosecutor’s offices in 

19 States with an average of not less than 100 murders per 

20 year during the 5-year period immediately preceding an 

21 application for protection, as calculated using the latest 

22 available crime statistics from the Federal Bureau of In23 vestigation.’’. 

24 (2) CHAPTER ANALYSIS.—The chapter analysis 

25 for chapter 37 of title 28, United States Code, is 


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1 amended by striking the items relating to sections 

2 570 through 576 and inserting the following: 

‘‘570. Short-Term State Witness Protection Section.’’. 

3 (b) GRANT PROGRAM.— 

4 (1) DEFINITIONS.—In this subsection— 

5 (A) the term ‘‘eligible prosecutor’s office’’ 

6 means a State or local criminal prosecutor’s of7 fice or the United States attorney for the Dis8 trict of Columbia that is located in a State with 

9 an average of not less than 100 murders per 

10 year during the most recent 5-year period, as 

11 calculated using the latest available crime sta12 tistics from the Federal Bureau of Investiga13 tion; and 

14 (B) the term ‘‘serious violent felony’’ has 

15 the same meaning as in section 3559(c)(2) of 

16 title 18, United States Code. 

17 (2) GRANTS AUTHORIZED.— 

18 (A) IN GENERAL.—The Attorney General 

19 is authorized to make grants to eligible prosecu20 tor’s offices for the purpose of providing short 

21 term protection to witnesses in trials involving 

22 homicide or serious violent felony. 

23 (B) ALLOCATION.—Each eligible prosecu24 tor’s office receiving a grant under this sub25 section may either— 


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1 (i) use the grant to provide witness 

2 protection; or 

3 (ii) pursuant to a cooperative agree4 ment with the Short-Term State Witness 

5 Protection Section of the United States 

6 Marshals Service, credit the grant to the 

7 Short-Term State Witness Protection Sec8 tion to cover the costs to the section of 

9 providing witness protection on behalf of 

10 the eligible prosecutor’s office. 

11 (3) APPLICATION.— 

12 (A) IN GENERAL.—Each eligible prosecu13 tor’s office desiring a grant under this sub14 section shall submit an application to the Attor15 ney General at such time, in such manner, and 

16 accompanied by such information as the Attor17 ney General may reasonably require. 

18 (B) CONTENTS.—Each application sub19 mitted under subparagraph (A) shall— 

20 (i) describe the activities for which as21 sistance under this subsection is sought; 

22 and 

23 (ii) provide such additional assurances 

24 as the Attorney General determines to be 


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1 essential to ensure compliance with the re2 quirements of this subsection. 

3 (4) AUTHORIZATION OF APPROPRIATIONS.— 

4 There are authorized to be appropriated to carry out 

5 this subsection $90,000,000 for each of fiscal years 

6 2008 through 2010. 

7 SEC. 306. WITNESS PROTECTION SERVICES. 

8 Section 3526 of title 18, United States Code (Co9 operation of other Federal agencies and State govern10 ments; reimbursement of expenses) is amended by adding 

11 at the end the following: 

12 ‘‘(c) In any case in which a State government re13 quests the Attorney General to provide temporary protec14 tion under section 3521(e) of this title, the costs of pro15 viding temporary protection are not reimbursable if the 

16 investigation or prosecution in any way relates to crimes 

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

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

19 SEC. 307. EXPANSION OF FEDERAL WITNESS RELOCATION 

20 AND PROTECTION PROGRAM. 

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

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

23 after ‘‘organized criminal activity’’. 


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1 SEC. 308. FAMILY ABDUCTION PREVENTION GRANT PRO2 GRAM. 

3 (a) STATE GRANTS.—The Attorney General is au4 thorized to make grants to States for projects involving— 

5 (1) the extradition of individuals suspected of 

6 committing a family abduction; 

7 (2) the investigation by State and local law en8 forcement agencies of family abduction cases; 

9 (3) the training of State and local law enforce10 ment agencies in responding to family abductions 

11 and recovering abducted children, including the de12 velopment of written guidelines and technical assist13 ance; 

14 (4) outreach and media campaigns to educate 

15 parents on the dangers of family abductions; and 

16 (5) the flagging of school records. 

17 (b) MATCHING REQUIREMENT.—Not less than 50 

18 percent of the cost of a project for which a grant is made 

19 under this section shall be provided by non-Federal 

20 sources. 

21 (c) DEFINITIONS.—In this section: 

22 (1) FAMILY ABDUCTION.—-The term ‘‘family 

23 abduction’’ means the taking, keeping, or concealing 

24 of a child or children by a parent, other family mem25 ber, or person acting on behalf of the parent or famVerDate Aug 31 2005 00:09 Feb 03, 2007 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S456.IS S456

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•S 456 IS

1 ily member, that prevents another individual from 

2 exercising lawful custody or visitation rights. 

3 (2) FLAGGING.—The term ‘‘flagging’’ means 

4 the process of notifying law enforcement authorities 

5 of the name and address of any person requesting 

6 the school records of an abducted child. 

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

8 the several States, the District of Columbia, the 

9 Commonwealth of Puerto Rico, the Commonwealth 

10 of the Northern Mariana Islands, American Samoa, 

11 Guam, the Virgin Islands, any territory or posses12 sion of the United States, and any Indian tribe. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $500,000 for fiscal year 2008 and such sums as may be 

16 necessary for each of fiscal years 2009 and 2010. 

Æ 


bajohnson on PROD1PC61 with BILLS