paragraph (A), (B), or (C) of section 401(b)(1) of
the Controlled Substances Act.’’.
SEC. 113. CLARIFICATION TO HEARSAY EXCEPTION FOR
FORFEITURE BY WRONGDOING.
Rule 804(b)(6) of the Federal Rules of Evidence is
amended to read as follows:
‘‘(6) FORFEITURE BY WRONGDOING.—A state-
ment offered against a party who has engaged or ac-
quiesced in wrongdoing, or who could reasonably
foresee such wrongdoing would take place, if the
wrongdoing was intended to, and did, procure the
unavailability of the declarant as a witness.’’.
SEC. 114. INCREASED PENALTIES FOR CRIMINAL USE OF
FIREARMS IN CRIMES OF VIOLENCE AND
DRUG TRAFFICKING.
(a) IN GENERAL.—Section 924(c) of title 18, United
States Code, is amended—
(1) in paragraph (1)(A)—
(A) by striking ‘‘shall’’ and inserting ‘‘or
conspires to commit any of the above acts,
shall, for each instance in which the firearm is
used, carried, or possessed’’;
(B) in clause (i), by striking ‘‘5 years’’ and
inserting ‘‘7 years’’; and
(C) by striking clauses (ii) and (iii) and in-
serting the following:
‘‘(ii) if the firearm is discharged, be sen-
tenced to a term of imprisonment of not less
than 15 years; and
‘‘(iii) if the firearm is used to wound, in-
jure, or maim another person, be sentenced to
a term of imprisonment of not less than 20
years.’’; and
(2) by striking paragraph (4).
(b) CONFORMING AMENDMENT.—Section 924 of title
18, United States Code, is amended by striking subsection
(o).
SEC. 115. TRANSFER OF JUVENILES.
The 4th undesignated paragraph of section 5032 of
title 18, United States Code, is amended—
(1) by striking ‘‘A juvenile’’ where it appears at
the beginning of the paragraph and inserting ‘‘Ex-
cept as otherwise provided in this chapter, a juve-
nile’’ ;
(2) by striking ‘‘as an adult, except that, with’’
and inserting ‘‘as an adult. With’’; and
(3) by striking ‘‘However, a juvenile’’ and all
that follows through ‘‘criminal prosecution.’’ at the
end of the paragraph and inserting ‘‘The Attorney
General may prosecute as an adult a juvenile who is
alleged to have committed an act after that juve-
nile’s 16th birthday which if committed by an adult
would be a crime of violence that is a felony, an of-
fense described in subsection (d), (i), (j), (k), (o),
(p), (q), (u), or (x) of section 922 (relating to unlaw-
ful acts), or subsection (b), (c), (g), (h), (k), (l), (m),
or (n) of section 924 (relating to penalties), section
930 (relating to possession of firearms and dan-
gerous weapons in Federal facilities), or section 931
(relating to purchase, ownership, or possession of
body armor by violent felons). The decision whether
or not to prosecute a juvenile as an adult under the
immediately preceding sentence is not subject to ju-
dicial review in any court. In a prosecution under
that sentence, the juvenile may be prosecuted and
convicted as an adult for any other offense which is
properly joined under the Federal Rules of Criminal
Procedure, and may also be convicted as an adult of
any lesser included offense.’’.
SEC. 116. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL
PENALTIES.
The Attorney General is authorized to conduct media
campaigns in those areas designated as high intensity
interstate gang activity areas and those areas with existing
and emerging problem with gangs, as needed, to educate
individuals there about the changes in criminal penalties
made by this Act, and to report to the Committee on the
Judiciary of the House of Representatives the amount of
expenditures and all other aspects of the media campaign.
SEC. 117. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER DATA-
BASE.
(a) PROVISION OF INFORMATION TO THE NCIC.—
Not later than 180 days after the date of enactment of
this Act, the Under Secretary for Border and Transpor-
tation Security of the Department of Homeland Security
shall provide the National Crime Information Center of
the Department of Justice with such information as the
Director may have on any and all aliens against whom
a final order of removal has been issued, any and all aliens
who have signed a voluntary departure agreement, and
any and all aliens who have overstayed their visa. Such
information shall be provided to the National Crime Infor-
mation Center regardless of whether or not the alien re-
ceived notice of a final order of removal and even if the
alien has already been removed.
(b) INCLUSION
OF INFORMATION
IN
THE NCIC
DATABASE.—Section 534(a) of title 28, United States
Code, is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the
end;
(2) by redesignating paragraph (4) as para-
graph (5); and
(3) by inserting after paragraph (3) the fol-
lowing:
‘‘(4) acquire, collect, classify, and preserve
records of violations of the immigration laws of the
United States, regardless of whether or not the alien
has received notice of the violation and even if the
alien has already been removed; and’’.
SEC. 118. CRIMES OF VIOLENCE AND DRUG CRIMES COM-
MITTED BY ILLEGAL ALIENS.
(a) OFFENSES.—Title 18, United States Code, is
amended by inserting after chapter 51 the following new
chapter:
‘‘CHAPTER 52—ILLEGAL ALIENS
‘‘Sec.
‘‘1131. Enhanced penalties for certain crimes committed by illegal aliens.
‘‘§ 1131. Enhanced penalties for certain crimes com-
mitted by illegal aliens
‘‘Whoever, being an alien who is unlawfully present
in the United States, commits, conspires or attempts to
commit, a crime of violence (as defined in section 16) or
a drug trafficking offense (as defined in section 924), shall
be fined under this title and sentenced to not less than
5 years in prison. If the defendant was previously ordered
removed under the Immigration and Nationality Act on
the grounds of having committed a crime, the defendant
shall be sentenced to not less than 15 years in prison .
A sentence of imprisonment imposed under this section
shall run consecutively to any other sentence of imprison-
ment imposed for any other crime.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
at the beginning of part I of title 18, United States Code,
is amended by inserting after the item relating to chapter
51 the following new item:
‘‘52. Illegal aliens ............................................................................... 1131’’.
SEC. 119. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER DATA-
BASE.
(a) PROVISION OF INFORMATION TO THE NCIC.—
Not later than 180 days after the date of enactment of
this Act, the Under Secretary for Border and Transpor-
tation Security of the Department of Homeland Security
shall provide the National Crime Information Center of
the Department of Justice with such information as the
Director may have on any and all aliens against whom
a final order of removal has been issued, and any and all
aliens who have signed a voluntary departure agreement.
Such information shall be provided to the National Crime
Information Center regardless of whether or not the alien
received notice of a final order of removal and even if the
alien has already been removed.
(b) INCLUSION
OF INFORMATION
IN
THE NCIC
DATABASE.—Section 534(a) of title 28, United States
Code, is amended—
(1) in paragraph (3), by striking ‘‘and’’ at the
end;
(2) by redesignating paragraph (4) as para-
graph (5); and
(3) by inserting after paragraph (3) the fol-
lowing:
‘‘(4) acquire, collect, classify, and preserve
records of violations of the immigration laws of the
United States, regardless of whether or not the alien
has received notice of the violation and even if the
alien has already been removed; and’’.
SEC. 120. STUDY.
The Attorney General and the Secretary of Homeland
Security shall jointly conduct a study on the connection
between illegal immigration and gang membership and ac-
tivity, including how many of those arrested nationwide
for gang membership and violence are aliens illegally
present in the United States. The Attorney General and
the Secretary shall report the results of that study to Con-
gress not later than one year after the date of the enact-
ment of this Act.
TITLE II—INCREASED FEDERAL
RESOURCES TO DETER AND
PREVENT 
AT-RISK 
YOUTH
FROM 
JOINING 
ILLEGAL
STREET GANGS
SEC. 201. DESIGNATION OF AND ASSISTANCE FOR ‘‘HIGH IN-
TENSITY’’ 
INTERSTATE 
GANG 
ACTIVITY
AREAS.
(a) DEFINITIONS.—In this section the following defi-
nitions shall apply:
(1) GOVERNOR.—The term ‘‘Governor’’ means
a Governor of a State or the Mayor of the District
of Columbia.
(2) HIGH INTENSITY INTERSTATE GANG ACTIV-
ITY
AREA.—The term ‘‘high intensity interstate
gang activity area’’ means an area within a State
that is designated as a high intensity interstate gang
activity area under subsection (b)(1).
(3) STATE.—The term ‘‘State’’ means a State
of the United States, the District of Columbia, and
any commonwealth, territory, or possession of the
United States.
(b) HIGH INTENSITY INTERSTATE GANG ACTIVITY
AREAS.—
(1) DESIGNATION.—The Attorney General,
after consultation with the Governors of appropriate
States, may designate as high intensity interstate
gang activity areas, specific areas that are located
within 1 or more States.
(2) ASSISTANCE.—In order to provide Federal
assistance to high intensity interstate gang activity
areas, the Attorney General shall—
(A) establish criminal street gang enforce-
ment teams, consisting of Federal, State, and
local law enforcement authorities, for the co-
ordinated investigation, disruption, apprehen-
sion, and prosecution of criminal street gangs
and offenders in each high intensity interstate
gang activity area;
(B) direct the reassignment or detailing
from any Federal department or agency (sub-
ject to the approval of the head of that depart-
ment or agency, in the case of a department or
agency other than the Department of Justice)
of personnel to each criminal street gang en-
forcement team;
(C) provide all necessary funding for the
operation of the criminal street gang enforce-
ment team in each high intensity interstate
gang activity area; and
(D) provide all necessary funding for na-
tional and regional meetings of criminal street
gang enforcement teams, and all other related
organizations, as needed, to ensure effective op-
eration of such teams through the sharing of
intelligence, best practices and for any other re-
lated purpose.
(3) COMPOSITION OF CRIMINAL STREET GANG
ENFORCEMENT TEAM.—The team established pursu-
ant to paragraph (2)(A) shall consist of agents and
officers, where feasible, from—
(A) the Federal Bureau of Investigation;
(B) the Drug Enforcement Administration;
(C) the Bureau of Alcohol, Tobacco, Fire-
arms, and Explosives;
(D) the United States Marshals Service;
(E) the Directorate of Border and Trans-
portation Security of the Department of Home-
land Security;
(F) the Department of Housing and Urban
Development;
(G) State and local law enforcement; and
(H) Federal, State, and local prosecutors.
(4) CRITERIA
FOR
DESIGNATION.—In consid-
ering an area for designation as a high intensity
interstate gang activity area under this section, the
Attorney General shall consider—
(A) the current and predicted levels of
gang crime activity in the area;
(B) the extent to which violent crime in
the area appears to be related to criminal street
gang activity, such as drug trafficking, murder,
robbery, assaults, carjacking, arson, kidnap-
ping, extortion, and other criminal activity;
(C) the extent to which State and local law
enforcement agencies have committed resources
to—
(i) respond to the gang crime prob-
lem; and
(ii) participate in a gang enforcement
team;
(D) the extent to which a significant in-
crease in the allocation of Federal resources
would enhance local response to the gang crime
activities in the area; and
(E) any other criteria that the Attorney
General considers to be appropriate.
(5) CONSULTATION REQUIRED.—The Attorney
General may not designate a high intensity inter-
state gang activity area without first consulting with
and receiving comment from local elected officials
representing communities within the State of pro-
posed designation.
(c) NATIONAL GANG INTELLIGENCE CENTER.—
(1) ESTABLISHMENT.—The Attorney General
shall establish a National Gang Intelligence Center
to be housed at and administered by the Federal
Bureau of Investigation to collect, analyze, and dis-
seminate gang activity information from—
(A) the Federal Bureau of Investigation;
(B) the Bureau of Alcohol, Tobacco, Fire-
arms, and Explosives;
(C) the Drug Enforcement Administration;
(D) the Bureau of Prisons;
(E) the United States Marshals Service;
(F) the Directorate of Border and Trans-
portation Security of the Department of Home-
land Security;
(G) the Department of Housing and Urban
Development;