II 

108TH CONGRESS 

2D SESSION S. 2358

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 28, 2004

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

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 2004’’ 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; 

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) Whoever violates subsection (a)(1) or 

11 (b)(1) of this section shall be fined under this title, 

12 or imprisoned not more than 3 years, or both; pro13 vided that if the person recruited under subsection 

14 (a)(1) is a minor and the violator is 18 years of age 

15 or older, then the violator shall be fined under this 

16 title, imprisoned not more than 10 years, or both. 

17 ‘‘(2) Whoever violates subsection (a)(2) or (c) 

18 shall be fined under this title, or imprisoned not 

19 more than 10 years, or both; provided that if the 

20 person prevented from leaving under subsection 

21 (a)(2) is a minor and the violator is 18 years of age 

22 or older, then the violator shall be fined under this 

23 title, imprisoned not more than 15 years, or both. 
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1 ‘‘(3) Whoever violates subsection (b)(2) or 

2 (b)(3) shall be fined under this title, imprisoned not 

3 more than 20 years, or both; except—

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

5 serious drug offense, then whoever violates 

6 these subsections shall be fined under this title, 

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

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

9 violent gang crime, whoever violates these sub10 sections shall be fined under this title, impris11 oned for any term of years or for life, or both. 

12 ‘‘(f) FORFEITURE.—

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

14 provision of this section shall, in addition to any 

15 other penalty and irrespective of any provision of 

16 State law, forfeit to the United States—

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

18 from, any proceeds the person obtained, directly 

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

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

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

22 facilitate the commission of the violation. 

23 ‘‘(2) APPLICATION OF CONTROLLED SUB24 STANCES ACT.—Subsections (b), (c), (e), (f), (g), 

25 (h), (i), (j), (k), (l), (m), (n), (o), and (p) of section 
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1 413 of the Controlled Substances Act (21 U.S.C. 

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

3 ‘‘(g) CERTIFICATION BY THE UNITED STATES AT4 TORNEY.—No prosecution of any offense described under 

5 this section involving a predicate gang crime that is other6 wise exclusively chargeable under State law shall be under7 taken by the United States except upon the certification 

8 in writing of the Attorney General, the Deputy Attorney 

9 General, the Associate Attorney General, any Assistant 

10 Attorney General specially designated by the Attorney 

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

12 which the offense will be prosecuted, after consultation 

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

14 prosecution by the United States is in the public interest 

15 and necessary to secure substantial justice, which function 

16 of certification may not be delegated.’’. 

17 SEC. 103. CLERICAL AMENDMENTS. 

18 The table of sections at the beginning of chapter 26 

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

20 follows:

‘‘521. Criminal street gangs; definitions. 

‘‘522. Prohibited acts; penalties and forfeiture.’’.

21 SEC. 104. CONFORMING AMENDMENTS. 

22 (a) AUTHORIZATION OF INTERCEPTION OF WIRE, 

23 ORAL, AND ELECTRONIC COMMUNICATIONS.—Section 

24 2516(1) of title 18, United States Code, is amended—
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1 (1) in paragraph (q), by striking ‘‘or’’; 

2 (2) by redesignating paragraph (r) as para3 graph (s); and 

4 (3) by inserting after paragraph (q) the fol5 lowing: 

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

7 criminal street gangs); or’’. 

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

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

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

11 46, or 96’’. 

12 (c) AMENDMENT OF SPECIAL SENTENCING PROVI13 SION PROHIBITING PRISONER COMMUNICATIONS.—Sec14 tion 3582(d) of title 18, United States Code, is amended—

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

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

17 (2) by inserting ‘‘a criminal street gang or’’ be18 fore ‘‘an illegal enterprise’’. 

19 SEC. 105. DESIGNATION OF AND ASSISTANCE FOR ‘‘HIGH IN20 TENSITY’’ INTERSTATE GANG ACTIVITY 

21 AREAS. 

22 (a) DEFINITIONS.—In this section: 

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

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

25 of Columbia.
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1 (2) HIGH INTENSITY INTERSTATE GANG ACTIV2 ITY AREA.—The term ‘‘high intensity interstate 

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

4 that is designated as a high intensity interstate gang 

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

6 (3) HIGH INTENSITY INTERSTATE GANG AND

7 DRUG TRAFFICKING AREA.—The term ‘‘high inten8 sity interstate gang and drug trafficking area’’ 

9 means an area within a State that is cross-des10 ignated as a high intensity interstate gang and drug 

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

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

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

14 any commonwealth, territory, or possession of the 

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

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

17 Federally Recognized Indian Tribe List Act of 1994 

18 (25 U.S.C. 479a). 

19 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

20 AREAS.—

21 (1) DESIGNATION.—The Attorney General, 

22 after consultation with the Governors of appropriate 

23 States, may designate specific areas that are located 

24 within 1 or more States as high intensity interstate 

25 gang activity areas. 
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1 (2) CROSS-DESIGNATION.—The Attorney Gen2 eral, after consultation with the Governors of appro3 priate States and the Director of the Office of Na4 tional Drug Control Policy, may cross-designate spe5 cific areas already designated as high intensity inter6 state drug trafficking areas under section 707 of the 

7 Office of National Drug Control Policy Reauthoriza8 tion Act of 1998 (21 U.S.C. 1706) as high intensity 

9 interstate gang and drug trafficking areas. 

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

11 assistance to high intensity interstate gang activity 

12 areas or high intensity interstate gang and drug 

13 trafficking areas, the Attorney General shall—

14 (A) establish criminal street gang enforce15 ment teams, consisting of Federal, State, and 

16 local law enforcement authorities, for the co17 ordinated investigation, disruption, apprehen18 sion, and prosecution of criminal street gangs 

19 and offenders in each high intensity interstate 

20 gang activity area or high intensity interstate 

21 gang and drug trafficking area; 

22 (B) direct the reassignment or detailing 

23 from any Federal department or agency (sub24 ject to the approval of the head of that depart25 ment or agency, in the case of a department or 
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1 agency other than the Department of Justice) 

2 of personnel to each criminal street gang en3 forcement team; and 

4 (C) provide all necessary funding for the 

5 operation of the criminal street gang enforce6 ment team in each high intensity interstate 

7 gang activity area or high intensity interstate 

8 gang and drug trafficking area. 

9 (4) COMPOSITION OF CRIMINAL STREET GANG

10 ENFORCEMENT TEAM.—The team established under 

11 paragraph (2)(A) shall consist of agents and offi12 cers, where feasible, from—

13 (A) the Bureau of Alcohol, Tobacco, Fire14 arms, and Explosives; 

15 (B) the Department of Homeland Security; 

16 (C) the Department of Housing and Urban 

17 Development; 

18 (D) the Drug Enforcement Administration; 

19 (E) the Internal Revenue Service; 

20 (F) the Federal Bureau of Investigation; 

21 (G) the United States Marshal’s Service; 

22 (H) the United States Postal Service; 

23 (I) State and local law enforcement; and 

24 (J) Federal, State, and local prosecutors. 
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1 (5) COORDINATION.—In each area cross-des2 ignated as a high intensity interstate gang and drug 

3 trafficking area, the team established under para4 graph (2)(A) shall fully coordinate its antigang ac5 tivities with antidrug trafficking activities under6 taken by Federal, State, and local officials under 

7 section 707 of the Office of National Drug Control 

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

9 1706). 

10 (6) CRITERIA FOR DESIGNATION.—In consid11 ering an area for designation as a high intensity 

12 interstate gang activity area or high intensity inter13 state gang and drug trafficking area under this sec14 tion, the Attorney General shall consider—

15 (A) the current and predicted levels of 

16 gang crime activity in the area; 

17 (B) the extent to which violent crime in 

18 the area appears to be related to criminal street 

19 gang activity, such as drug trafficking, murder, 

20 robbery, assaults, carjacking, arson, kidnap21 ping, extortion, and other criminal activity; 

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

23 enforcement agencies have committed resources 

24 to—
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1 (i) respond to the gang crime prob2 lem; and 

3 (ii) participate in a gang enforcement 

4 team; 

5 (D) the extent to which a significant in6 crease in the allocation of Federal resources 

7 would enhance local response to the gang crime 

8 activities in the area; and 

9 (E) any other criteria that the Attorney 

10 General considers to be appropriate. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

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

13 of fiscal years 2005 through 2009 to carry out this sec14 tion. 

15 SEC. 106. GANG PREVENTION GRANTS. 

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

17 Justice Programs of the Department of Justice shall make 

18 grants, in accordance with such regulations as the Attor19 ney General may prescribe, to States, units of local gov20 ernment, tribal governments, and qualified private enti21 ties, to develop community-based programs that provide 

22 crime prevention, research, and intervention services that 

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

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

25 a grantee under this section may be used by the grantee,
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1 directly or through subgrants, only for 1 or more of the 

2 following activities: 

3 (1) Preventing initial gang recruitment and in4 volvement among younger teenagers. 

5 (2) Reducing gang involvement through non6 violent and constructive activities, such as commu7 nity service programs, development of nonviolent 

8 conflict resolution skills, employment and legal as9 sistance, family counseling, and other safe, commu10 nity-based alternatives for high-risk youth. 

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

12 safety, control, education, and resistance procedures 

13 and programs. 

14 (4) Identifying and addressing early childhood 

15 risk factors for gang involvement, including parent 

16 training and childhood skills development. 

17 (5) Identifying and fostering protective factors 

18 that buffer children and adolescents from gang in19 volvement. 

20 (c) GRANT REQUIREMENTS.—

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

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

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

24 this section may not exceed $1,000,000. 
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1 (d) ANNUAL REPORT.—Each recipient of a grant 

2 under this section shall submit to the Attorney General, 

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

4 this section are expended, a report containing—

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

6 grant funds during that year; 

7 (2) an assessment of the effectiveness of the 

8 crime prevention, research, and intervention activi9 ties of the recipient; 

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

11 year covered under paragraph (1); and 

12 (4) such other information as the Attorney 

13 General may require. 

14 (e) MINIMUM ALLOCATION.—Unless all eligible appli15 cations submitted by any State or unit of local government 

16 within such State for a planning or implementation grant 

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

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

19 shall be allocated in each fiscal year under this section 

20 not less than 0.75 percent of the total amount appro21 priated in the fiscal year for planning or implementation 

22 grants under this section. 

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

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

25 local prosecutor offices. 
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1 (g) AUTHORIZATION OF APPROPRIATIONS.—

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

3 appropriated for grants under this section 

4 $40,000,000 for each of the fiscal years 2005 

5 through 2009. 

6 (2) LIMITATION.—Of amounts made available 

7 for grants under this section, not less than 50 per8 cent shall be available only for areas designated pur9 suant to section 105 as high intensity interstate 

10 gang activity areas or high intensity interstate gang 

11 and drug trafficking areas. 

12 SEC. 107. GANG PREVENTION INFORMATION GRANTS. 

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

14 Justice Programs of the Department of Justice shall make 

15 grants, in accordance with such regulations as the Attor16 ney General may prescribe, to States, units of local gov17 ernment, and tribal governments to fund technology, 

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

19 agencies, and prosecutor offices in order to—

20 (1) increase accurate identification of gang 

21 members and violent offenders; 

22 (2) maintain databases with such information 

23 to facilitate coordination among law enforcement 

24 and prosecutors; and 
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1 (3) otherwise improve the investigation and 

2 prosecution of criminal street gangs. 

3 (b) GRANT REQUIREMENTS.—

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

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

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

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

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

9 under this section shall submit to the Attorney General, 

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

11 this section are expended, a report containing—

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

13 grant funds during that year; 

14 (2) an assessment of the effectiveness of the 

15 crime prevention, research, and intervention activi16 ties of the recipient; 

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

18 year covered under paragraph (1); and 

19 (4) such other information as the Attorney 

20 General may require. 

21 (d) MINIMUM ALLOCATION.—Unless all eligible appli22 cations submitted by any State or unit of local government 

23 within such State for a planning or implementation grant 

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

25 with grantees within the State (other than Indian tribes), 
25

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1 shall be allocated in each fiscal year under this section 

2 not less than 0.75 percent of the total amount appro3 priated in the fiscal year for planning or implementation 

4 grants under this section. 

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

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

7 local prosecutor offices. 

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated for grants under this 

10 section $20,000,000 for each of the fiscal years 2005 

11 through 2009. 

12 SEC. 108. ENHANCEMENT OF PROJECT SAFE NEIGHBOR13 HOODS INITIATIVE TO IMPROVE ENFORCE14 MENT OF CRIMINAL LAWS AGAINST VIOLENT 

15 GANGS. 

16 (a) IN GENERAL.—The Attorney General shall ex17 pand the Project Safe Neighborhoods program to require 

18 each United States attorney to—

19 (1) identify, investigate, and prosecute signifi20 cant criminal street gangs operating within their dis21 trict; 

22 (2) coordinate the identification, investigation, 

23 and prosecution of criminal street gangs among Fed24 eral, State, and local law enforcement agencies;
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1 (3) consult with State and local prosecutors to 

2 determine how Federal, State, and local law enforce3 ment resources can best be used to serve the public 

4 interest and secure substantial justice; and 

5 (4) coordinate and establish criminal street 

6 gang enforcement teams, established under section 

7 105(b), in high intensity interstate gang activity 

8 areas within the district of the United States attor9 ney. 

10 (b) ADDITIONAL ASSISTANT UNITED STATES ATTOR11 NEYS FOR PROJECT SAFE NEIGHBORHOODS.—

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

13 hire 94 additional Assistant United States attorneys 

14 to carry out the provisions of this section. 

15 (2) AUTHORIZATION OF APPROPRIATIONS.—

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

17 for each of the fiscal years 2005 through 2009 to 

18 carry out this section. 

19 SEC. 109. ADDITIONAL RESOURCES NEEDED BY THE FED20 ERAL BUREAU OF INVESTIGATION TO INVES21 TIGATE AND PROSECUTE VIOLENT CRIMINAL 

22 STREET GANGS. 

23 (a) RESPONSIBILITIES OF ATTORNEY GENERAL.—

24 The Attorney General shall require the Federal Bureau 

25 of Investigation to—
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1 (1) increase funding for the Safe Streets Pro2 gram; 

3 (2) support the criminal street gang enforce4 ment teams, established under section 105(b), in 

5 designated high intensity interstate gang activity 

6 areas; and 

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. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—

12 (1) IN GENERAL.—In addition to amounts oth13 erwise authorized, there are authorized to be appro14 priated to the Federal Bureau of Investigation 

15 $5,000,000 for each of the fiscal years 2005 through 

16 2009 to carry out the Safe Streets Program. 

17 (2) AVAILABILITY.—Any amounts appropriated 

18 under paragraph (1) shall remain available until ex19 pended. 

20 SEC. 110. EXPANSION OF FEDERAL WITNESS RELOCATION 

21 AND PROTECTION PROGRAM. 

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

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

24 after ‘‘organized criminal activity’’. 
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1 SEC. 111. GRANTS TO STATE AND LOCAL PROSECUTORS TO 

2 PROTECT WITNESSES AND VICTIMS OF 

3 CRIME. 

4 (a) GRANTS AUTHORIZED.—

5 (1) IN GENERAL.—The Attorney General is au6 thorized to make grants to State and local prosecu7 tors and the United States attorney for the District 

8 of Columbia for the purpose of providing short-term 

9 protection to witnesses in trials involving an orga10 nized criminal activity, criminal street gang, serious 

11 drug offense, homicide, or other serious offense. 

12 (2) ALLOCATION.—Each prosecutor receiving a 

13 grant under this section may either—

14 (A) use the grant to provide witness relo15 cation and protection; or 

16 (B) pursuant to a cooperative agreement 

17 with the Attorney General, credit the grant to 

18 the United States Marshal’s Service to cover 

19 the costs of providing witness relocation and 

20 protection on behalf of the prosecutor. 

21 (b) APPLICATION.—

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

23 grant under this section shall submit an application 

24 to the Attorney General at such time, in such man25 ner, and accompanied by such information as the 

26 Attorney General may reasonably require. 
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1 (2) CONTENTS.—Each application submitted 

2 pursuant to paragraph (1) shall—

3 (A) describe the activities for which assist4 ance under this section is sought; and 

5 (B) provide such additional assurances as 

6 the Attorney General determines to be essential 

7 to ensure compliance with the requirements of 

8 this section. 

9 (c) MINIMUM ALLOCATION.—Unless all eligible appli10 cations submitted by State and local prosecutors within 

11 a State for planning or implementation grants under this 

12 section have been funded, the grantees within the State 

13 shall be allocated in each fiscal year under this section 

14 not less than 0.75 percent of the total amount appro15 priated in the fiscal year for planning or implementation 

16 grants pursuant to this section. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

19 $60,000,000 for each of the fiscal years 2005 through 

20 2009. 

21 SEC. 112. WITNESS PROTECTION SERVICES. 

22 Section 3526 of title 18, United States Code (Co23 operation of other Federal agencies and State govern24 ments; reimbursement of expenses) shall be amended to 

25 add the following subsection: 
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1 ‘‘(c) In any case in which a State government re2 quests the Attorney General to provide temporary protec3 tion under section 3521(e) of this title, the costs of pro4 viding temporary protection are not reimbursable if the 

5 investigation or prosecution in any way relates to crimes 

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

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

8 TITLE II—RELATED MATTERS IN9 VOLVING VIOLENT CRIME 

10 PROSECUTION 

11 SEC. 201. STUDY ON EXPANDING FEDERAL AUTHORITY FOR 

12 JUVENILE OFFENDERS. 

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

14 date of enactment of this Act, the Comptroller General 

15 of the United States shall submit to the Committees on 

16 the Judiciary of the Senate and the House of Representa17 tives a report on the costs and benefits associated with 

18 expanding Federal authority to prosecute offenders under 

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

20 offenses. 

21 (b) CONTENTS.—The report submitted under sub22 section (a) shall—

23 (1) examine the ability of the judicial systems 

24 of the States to respond effectively to juveniles who
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1 are members of ‘‘criminal street gangs’’, as defined 

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

3 (2) examine the extent to which offenders who 

4 are 16 and 17 years old are members of criminal 

5 street gangs, and are accused of committing violent 

6 crimes and prosecuted in the adult criminal justice 

7 systems of the individual States; 

8 (3) determine the percentage of crimes com9 mitted by members of ‘‘criminal street gangs’’ that 

10 are committed by offenders who are 16 and 17 years 

11 old; 

12 (4) examine the extent to which United States 

13 attorneys currently bring criminal indictments and 

14 prosecute offenders under the age of 18, and the ex15 tent to which United States attorneys’ offices in16 clude prosecutors with experience prosecuting juve17 niles for adult criminal violations; 

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

19 Prisons houses offenders under the age of 18, and 

20 has the ability and experience to meet the needs of 

21 young offenders; 

22 (6) estimate the cost to the Federal Govern23 ment of prosecuting and incarcerating 16 and 17 

24 year olds who are members of criminal street gangs 

25 and are accused of violent crimes; and 
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1 (7) detail any benefits for Federal prosecutions 

2 that would be realized by expanding Federal author3 ity to bring charges against 16 and 17 year olds who 

4 are members of criminal street gangs and are ac5 cused of violent crimes. 

6 SEC. 202. PROSECUTORS AND DEFENDERS INCENTIVE ACT. 

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

8 ‘‘Prosecutors and Defenders Incentive Act’’. 

9 (b) LOAN REPAYMENT FOR PROSECUTORS AND PUB10 LIC DEFENDERS.—Title I of the Omnibus Crime Control 

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

12 is amended by adding at the end the following: 

13 ‘‘PART CC—LOAN REPAYMENT FOR 

14 PROSECUTORS AND PUBLIC DEFENDERS 

15 ‘‘SEC. 2901. GRANT AUTHORIZATION. 

16 ‘‘(a) PURPOSE.—The purpose of this section is to en17 courage qualified individuals to enter and continue em18 ployment as prosecutors and public defenders. 

19 ‘‘(b) DEFINITIONS.—In this section: 

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

21 means a full-time employee of a State or local agen22 cy who—

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

24 and 
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1 ‘‘(B) prosecutes criminal cases at the State 

2 or local level. 

3 ‘‘(2) PUBLIC DEFENDER.—The term ‘public de4 fender’ means an attorney who—

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

6 and 

7 ‘‘(B) is—

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

9 local agency, or a nonprofit organization 

10 operating under a contract with a State or 

11 unit of local government, that provides 

12 legal representation to indigent persons in 

13 criminal cases; or 

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

15 defender attorney in a defender organiza16 tion established pursuant to subsection (g) 

17 of section 3006A of title 18, United States 

18 Code, that provides legal representation to 

19 indigent persons in criminal cases. 

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

21 means—

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

23 under part B of title IV of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1071 et seq.); 
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1 ‘‘(B) a loan made under part E or D of 

2 title IV of the Higher Education Act of 1965 

3 (20 U.S.C. 1087a et seq.); and 

4 ‘‘(C) a loan made under section 428C of 

5 the Higher Education Act of 1965 (20 U.S.C. 

6 1078–3) to the extent that such loan was used 

7 to repay a Federal Direct Stafford Loan, a 

8 Federal Direct Unsubsidized Stafford Loan, or 

9 a loan made under section 428 or 428H of such 

10 Act. 

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

12 shall establish a program by which the Department of Jus13 tice shall assume the obligation to repay a student loan, 

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

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

16 borrower who—

17 ‘‘(1) is employed as a prosecutor or public de18 fender; and 

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

20 borrower seeks forgiveness. 

21 ‘‘(d) TERMS OF AGREEMENT.—

22 ‘‘(1) IN GENERAL.—To be eligible to receive re23 payment benefits under subsection (c), a borrower 

24 shall enter into a written agreement that specifies 

25 that—
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1 ‘‘(A) the borrower will remain employed as 

2 a prosecutor or public defender for a required 

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

4 involuntarily separated from that employment; 

5 ‘‘(B) if the borrower is involuntarily sepa6 rated from employment on account of mis7 conduct, or voluntarily separates from employ8 ment, before the end of the period specified in 

9 the agreement, the borrower will repay the At10 torney General the amount of any benefits re11 ceived by such employee under this section; 

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

13 an amount to the Attorney General under sub14 paragraph (B) and fails to repay such amount, 

15 a sum equal to that amount shall be recoverable 

16 by the Federal Government from the employee 

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

18 such methods as are provided by law for the re19 covery of amounts owed to the Federal Govern20 ment; 

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

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

23 subsection if it is shown that recovery would be 

24 against equity and good conscience or against 

25 the public interest; and 
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1 ‘‘(E) the Attorney General shall make stu2 dent loan payments under this section for the 

3 period of the agreement, subject to the avail4 ability of appropriations. 

5 ‘‘(2) REPAYMENTS.—

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

7 by, or recovered from, an individual or the es8 tate of an individual under this subsection shall 

9 be credited to the appropriation account from 

10 which the amount involved was originally paid. 

11 ‘‘(B) MERGER.—Any amount credited 

12 under subparagraph (A) shall be merged with 

13 other sums in such account and shall be avail14 able for the same purposes and period, and sub15 ject to the same limitations, if any, as the sums 

16 with which the amount was merged. 

17 ‘‘(3) LIMITATIONS.—

18 ‘‘(A) STUDENT LOAN PAYMENT

19 AMOUNT.—Student loan repayments made by 

20 the Attorney General under this section shall be 

21 made subject to such terms, limitations, or con22 ditions as may be mutually agreed upon by the 

23 borrower and the Attorney General in an agree24 ment under paragraph (1), except that the 
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1 amount paid by the Attorney General under 

2 this section shall not exceed—

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

4 calendar year; or 

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

6 the case of any borrower. 

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

8 in this section shall authorize the Attorney Gen9 eral to pay any amount to reimburse a borrower 

10 for any repayments made by such borrower 

11 prior to the date on which the Attorney General 

12 entered into an agreement with the borrower 

13 under subsection (d). 

14 ‘‘(e) ADDITIONAL AGREEMENTS.—

15 ‘‘(1) IN GENERAL.—On completion of the re16 quired period of service under an agreement under 

17 subsection (d), the borrower and the Attorney Gen18 eral may, subject to paragraph (2), enter into an ad19 ditional agreement in accordance with subsection 

20 (d). 

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

22 paragraph (1) may require the borrower remain em23 ployed as a prosecutor or public defender for less 

24 than 3 years. 

25 ‘‘(f) AWARD BASIS; PRIORITY.—
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1 ‘‘(1) AWARD BASIS.—Subject to paragraph (2), 

2 the Attorney General shall provide repayment bene3 fits under this section on a first-come, first-served 

4 basis, and subject to the availability of appropria5 tions. 

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

7 give priority in providing repayment benefits under 

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

9 ‘‘(A) received repayment benefits under 

10 this section during the preceding fiscal year; 

11 and 

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

13 the first required period of service specified for 

14 the borrower in an agreement entered into 

15 under subsection (e). 

16 ‘‘(g) REGULATIONS.—The Attorney General is au17 thorized to issue such regulations as may be necessary to 

18 carry out the provisions of this section. 

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

20 are authorized to be appropriated to carry out this section 

21 $25,000,000 for fiscal year 2005 and such sums as may 

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

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