with identification documents or access de-
vices); 
‘‘(v) section 1503 (relating to obstruc-
tion of justice); 
‘‘(vi) section 1510 (relating to ob-
struction of criminal investigations); 
‘‘(vii) section 1512 (relating to tam-
pering with a witness, victim, or inform-
ant), or section 1513 (relating to retali-
ating against a witness, victim, or inform-
ant); 
‘‘(viii) section 1708 (relating to theft 
of stolen mail matter); 
‘‘(ix) section 1951 (relating to inter-
ference with commerce, robbery or extor-
tion); 
‘‘(x) section 1952 (relating to racket-
eering); 
‘‘(xi) section 1956 (relating to the 
laundering of monetary instruments); 
‘‘(xii) section 1957 (relating to engag-
ing in monetary transactions in property 
derived from specified unlawful activity);
‘‘(xiii) section 1958 (relating to use of 
interstate commerce facilities in the com-
mission of murder-for-hire); or 
‘‘(xiv) sections 2312 through 2315 
(relating to interstate transportation of 
stolen motor vehicles or stolen property); 
or 
‘‘(C) any act involving the Immigration 
and Nationality Act, section 274 (relating to 
bringing in and harboring certain aliens), sec-
tion 277 (relating to aiding or assisting certain 
aliens to enter the United States), or section 
278 (relating to importation of alien for im-
moral purpose). 
‘‘(3) STATE.—The term ‘State’ means each of 
the several States of the United States, the District 
of Columbia, and any commonwealth, territory, or 
possession of the United States. 
‘‘(b) PARTICIPATION IN CRIMINAL STREET GANGS.— 
It shall be unlawful— 
‘‘(1) to commit, or conspire or attempt to com-
mit a predicate crime— 
‘‘(A) in furtherance or in aid of the activi-
ties of a criminal street gang;
‘‘(B) for the purpose of gaining entrance 
to or maintaining or increasing position in such 
a gang; or 
‘‘(C) for the direct or indirect benefit of 
the criminal street gang, or in association with 
the criminal street gang; or 
‘‘(2) to employ, use, command, counsel, per-
suade, induce, entice, or coerce any individual to 
commit, cause to commit, or facilitate the commis-
sion of, a predicate gang crime— 
‘‘(A) in furtherance or in aid of the activi-
ties of a criminal street gang; 
‘‘(B) for the purpose of gaining entrance 
to or maintaining or increasing position in such 
a gang; or 
‘‘(C) for the direct or indirect benefit or 
the criminal street gang, or in association with 
the criminal street gang. 
‘‘(c) PENALTIES.—Whoever violates paragraph (1) or 
(2) of subsection (b)— 
‘‘(1) shall be fined under this title, imprisoned 
for not more than 30 years, or both; and 
‘‘(2) if the violation is based on a predicate 
gang crime for which the maximum penalty includes
life imprisonment, shall be fined under this title, im-
prisoned for any term of years or for life, or both. 
‘‘(d) FORFEITURE.— 
‘‘(1) IN GENERAL.—The court, in imposing sen-
tence on a person who is convicted of an offense 
under this section, shall order that the defendant 
forfeit to the United States— 
‘‘(A) any property, real or personal, consti-
tuting or traceable to gross proceeds obtained 
from such offense; and 
‘‘(B) any property used or intended to be 
used, in any manner or part, to commit or to 
facilitate the commission of such violation. 
‘‘(2) CRIMINAL PROCEDURES.—The procedures 
set forth in section 413 of the Controlled Substances 
Act (21 U.S.C. 853), other than subsection (d) of 
that section, and in rule 32.2 of the Federal Rules 
of Criminal Procedure, shall apply to all stages of a 
criminal forfeiture proceeding under this section. 
‘‘(3) CIVIL PROCEDURES.—Property subject to 
forfeiture under paragraph (1) may be forfeited in 
a civil case pursuant to the procedures set forth in 
chapter 46 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 26 of title 18, United States 
Code, is amended to read as follows: 
‘‘521. Criminal street gang prosecutions.’’. 
SEC. 103. VIOLENT CRIMES IN FURTHERANCE OR IN AID OF 
CRIMINAL STREET GANGS. 
(a) VIOLENT CRIMES AND CRIMINAL STREET GANG 
RECRUITMENT.—Chapter 26 of title 18, United States 
Code, as amended by section 101, is amended by adding 
at the end the following: 
‘‘§ 523. Violent crimes in furtherance or in aid of a 
criminal street gang 
‘‘(a) Any person who, for the purpose of gaining en-
trance to or maintaining or increasing position in, or in 
furtherance or in aid of, or for the direct or indirect ben-
efit of, or in association with a criminal street gang, or 
as consideration for the receipt of, or as consideration for 
a promise or agreement to pay, anything of pecuniary 
value to or from a criminal street gang, murders, kidnaps, 
sexually assaults (which means any offense that involved 
conduct that would violate chapter 109A if the conduct 
occurred in the special maritime and territorial jurisdic-
tion), maims, assaults with a dangerous weapon, commits 
assault resulting in serious bodily injury upon, commits 
any other crime of violence or threatens to commit a crime 
of violence against any individual, or attempts or conspires
to do so, shall be punished, in addition and consecutive 
to the punishment provided for any other violation of this 
chapter— 
‘‘(1) for murder, by death or imprisonment for 
any term of years or for life, a fine under this title, 
or both; 
‘‘(2) for kidnapping or sexual assault, by im-
prisonment for any term of years or for life, a fine 
under this title, or both; 
‘‘(3) for maiming, by imprisonment for any 
term of years or for life, a fine under this title, or 
both; 
‘‘(4) for assault with a dangerous weapon or as-
sault resulting in serious bodily injury, by imprison-
ment for not more than 30 years, a fine under this 
title, or both; 
‘‘(5) for any other crime of violence, by impris-
onment for not more than 20 years, a fine under 
this title, or both; 
‘‘(6) for threatening to commit a crime of vio-
lence specified in paragraphs (1) through (4), by im-
prisonment for not more than 10 years, a fine under 
this title, or both; 
‘‘(7) for attempting or conspiring to commit 
murder, kidnapping, maiming, or sexual assault, by
imprisonment for not more than 30 years, a fine 
under this title, or both; and 
‘‘(8) for attempting or conspiring to commit a 
crime involving assault with a dangerous weapon or 
assault resulting in serious bodily injury, by impris-
onment for not more than 20 years, a fine under 
this title, or both. 
‘‘(b) DEFINITION.—In this section, the term ‘crimi-
nal street gang’ has the same meaning as in section 521 
of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 26 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘522. Recruitment of persons to participate in a criminal street gang. 
‘‘523. Violent crimes in furtherance of a criminal street gang.’’. 
SEC. 104. INTERSTATE AND FOREIGN TRAVEL OR TRANS-
PORTATION IN AID OF RACKETEERING EN-
TERPRISES AND CRIMINAL STREET GANGS. 
Section 1952 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and thereafter performs 
or attempts to perform’’ and inserting ‘‘and 
thereafter performs, or attempts or conspires to 
perform’’; and
(B) by striking ‘‘5 years’’ and inserting 
‘‘10 years’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Whoever travels in interstate or foreign com-
merce or uses the mail or any facility in interstate or for-
eign commerce, with the intent to kill, assault, bribe, force, 
intimidate, or threaten any person, to delay or influence 
the testimony of, or prevent from testifying, a witness in 
a State criminal proceeding and thereafter performs, or 
attempts or conspires to perform, an act described in this 
subsection, shall— 
‘‘(1) be fined under this title, imprisoned for 
any term of years, or both; and 
‘‘(2) if death results, be punished by imprison-
ment for any term of years or for life.’’; and 
(4) in subsection (c)(2), as redesignated under 
subparagraph (B), by inserting ‘‘intimidation of, or 
retaliation against, a witness, victim, juror, or in-
formant,’’ after ‘‘extortion, bribery,’’.
SEC. 105. AMENDMENTS RELATING TO VIOLENT CRIME IN 
AREAS OF EXCLUSIVE FEDERAL JURISDIC-
TION. 
(a) ASSAULT WITHIN MARITIME AND TERRITORIAL 
JURISDICTION OF UNITED STATES.—Section 113(a)(3) of 
title 18, United States Code, is amended by striking ‘‘with 
intent to do bodily harm, and without just cause or ex-
cuse,’’. 
(b) MANSLAUGHTER.—Section 1112(b) of title 18, 
United States Code, is amended by— 
(1) striking ‘‘ten years’’ and inserting ‘‘20 
years’’; and 
(2) striking ‘‘six years’’ and inserting ‘‘10 
years’’. 
(c) OFFENSES COMMITTED WITHIN INDIAN COUN-
TRY.—Section 1153(a) of title 18, United States Code, is 
amended by inserting ‘‘an offense for which the maximum 
statutory term of imprisonment under section 1363 is 
greater than 5 years,’’ after ‘‘a felony under chapter 
109A,’’. 
(d) RACKETEER INFLUENCED AND CORRUPT ORGA-
NIZATIONS.—Section 1961(1) of title 18, United States 
Code, is amended— 
(1) in subparagraph (A), by inserting ‘‘, or 
would have been so chargeable if the act or threat 
(other than lawful forms of gambling) had not been
committed in Indian country (as defined in section 
1151) or in any other area of exclusive Federal ju-
risdiction,’’ after ‘‘chargeable under State law’’; and 
(2) in subparagraph (B), by inserting ‘‘section 
1123 (relating to multiple interstate murder),’’ after 
‘‘section 1084 (relating to the transmission of wa-
gering information),’’. 
(e) CARJACKING.—Section 2119 of title 18, United 
States Code, is amended by striking ‘‘, with the intent to 
cause death or serious bodily harm’’. 
(f) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO 
COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO-
LENCE.—Section 924(h) of title 18, United States Code, 
is amended to read as follows: 
‘‘(h) ILLEGAL
TRANSFERS.—Whoever knowingly 
transfers a firearm, knowing that the firearm will be used 
to commit, or possessed in furtherance of, a crime of vio-
lence (as defined in subsection (c)(3)) or drug trafficking 
crime (as defined in subsection (c)(2)), shall be imprisoned 
for not more than 10 years, fined under this title, or 
both.’’. 
(g) AMENDMENT OF SPECIAL SENTENCING PROVI-
SION.—Section 3582(d) of title 18, United States Code, 
is amended—
(1) by striking ‘‘chapter 95 (racketeering) or 96 
(racketeer influenced and corrupt organizations) of 
this title’’ and inserting ‘‘section 521 (criminal 
street gangs) or 522 (violent crimes in furtherance 
or in aid of criminal street gangs), in chapter 95 
(racketeering) or 96 (racketeer influenced and cor-
rupt organizations),’’; and 
(2) by inserting ‘‘a criminal street gang or’’ be-
fore ‘‘an illegal enterprise’’. 
(h) CONFORMING AMENDMENT RELATING TO OR-
DERS FOR RESTITUTION.—Section 3663(c)(4) of title 18, 
United States Code, is amended by striking ‘‘chapter 46 
or chapter 96 of this title’’ and inserting ‘‘section 521, 
under chapter 46 or 96,’’. 
(i) SPECIAL PROVISION FOR INDIAN COUNTRY.—No 
person subject to the criminal jurisdiction of an Indian 
tribal government shall be subject to section 3559(e) of 
title 18, United States Code, for any offense for which 
Federal jurisdiction is solely predicated on Indian country 
(as defined in section 1151 of such title 18) and which 
occurs within the boundaries of such Indian country un-
less the governing body of such Indian tribe elects to sub-
ject the persons under the criminal jurisdiction of the tribe 
to section 3559(e) of such title 18.
SEC. 106. INCREASED PENALTIES FOR USE OF INTERSTATE 
COMMERCE FACILITIES IN THE COMMISSION 
OF MURDER-FOR-HIRE AND OTHER FELONY 
CRIMES OF VIOLENCE. 
Section 1958 of title 18, United States Code, is 
amended— 
(1) by striking the header and inserting the fol-
lowing: 
‘‘§ 1958. Use of interstate commerce facilities in the 
Commission of murder-for-hire and other 
felony crimes of violence’’; 
and 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) Any person who travels in or causes another (in-
cluding the intended victim) to travel in interstate or for-
eign commerce, or uses or causes another (including the 
intended victim) to use the mail or any facility in inter-
state or foreign commerce, with intent that a murder or 
other felony crime of violence be committed in violation 
of the laws of any State or the United States as consider-
ation for the receipt of, or as consideration for a promise 
or agreement to pay, anything of pecuniary value, or who 
conspires to do so— 
‘‘(1) may be fined under this title and shall be 
imprisoned not more than 20 years;
‘‘(2) if personal injury results, may be fined 
under this title and shall be imprisoned for not more 
than 30 years; and 
‘‘(3) if death results, may be fined under this 
title, and shall be imprisoned for any term of years 
or for life.’’. 
SEC. 107. INCREASED PENALTIES FOR VIOLENT CRIMES IN 
AID OF RACKETEERING ACTIVITY. 
Section 1959(a) of title 18, United States Code, is 
amended to read as follows: 
‘‘(a) Any person who, as consideration for the receipt 
of, or as consideration for a promise or agreement to pay, 
anything of pecuniary value from an enterprise engaged 
in racketeering activity, or for the purpose of gaining en-
trance to or maintaining or increasing position in an en-
terprise engaged in racketeering activity, or in furtherance 
or in aid of an enterprise engaged in racketeering activity, 
murders, kidnaps, sexually assaults (which means any of-
fense that involved conduct that would violate chapter 
109A if the conduct occurred in the special maritime and 
territorial jurisdiction), maims, assaults with a dangerous 
weapon, commits assault resulting in serious bodily injury 
upon, or threatens to commit a crime of violence against 
any individual in violation of the laws of any State or the 
United States, or attempts or conspires to do so, shall be
punished, in addition and consecutive to the punishment 
provided for any other violation of this chapter— 
‘‘(1) for murder, by death or imprisonment for 
any term of years or for life, a fine under this title, 
or both; 
‘‘(2) for kidnapping or sexual assault, by im-
prisonment for any term of years or for life, a fine 
under this title, or both; 
‘‘(3) for maiming, by imprisonment for any 
term of years or for life, a fine under this title, or 
both; 
‘‘(4) for assault with a dangerous weapon or as-
sault resulting in serious bodily injury, by imprison-
ment for not more than 30 years, a fine under this 
title, or both; 
‘‘(5) for threatening to commit a crime of vio-
lence, by imprisonment for not more than 10 years, 
a fine under this title, or both; 
‘‘(6) for attempting or conspiring to commit 
murder, kidnapping, maiming, or sexual assault, by 
imprisonment for not more than 30 years, a fine 
under this title, or both; and 
‘‘(7) for attempting or conspiring to commit as-
sault with a dangerous weapon or assault which 
would result in serious bodily injury, by imprison-
ment for not more than 20 years, a fine under this 
title, or both.’’. 
SEC. 108. MURDER AND OTHER VIOLENT CRIMES COM-
MITTED DURING AND IN RELATION TO A 
DRUG TRAFFICKING CRIME. 
(a) IN GENERAL.—Part D of the Controlled Sub-
stances Act (21 U.S.C. 841 et seq.) is amended by adding 
at the end the following: 
‘‘MURDER
AND
OTHER
VIOLENT
CRIMES
COMMITTED 
DURING AND IN RELATION TO A DRUG TRAFFICKING 
CRIME 
‘‘SEC. 424. (a) IN GENERAL.—Any person who, dur-
ing and in relation to any drug trafficking crime, murders, 
kidnaps, sexually assaults (which means any offense that 
involved conduct that would violate chapter 109A if the 
conduct occurred in the special maritime and territorial 
jurisdiction), maims, assaults with a dangerous weapon, 
commits assault resulting in serious bodily injury upon, 
commits any other crime of violence or threatens to com-
mit a crime of violence against, any individual, or attempts 
or conspires to do so, shall be punished, in addition and 
consecutive to the punishment provided for the drug traf-
ficking crime— 
‘‘(1) in the case of murder, by death or impris-
onment for any term of years or for life, a fine 
under title 18, United States Code, or both;
‘‘(2) in the case of kidnapping or sexual assault 
by imprisonment for any term of years or for life, 
a fine under such title 18, or both; 
‘‘(3) in the case of maiming, by imprisonment 
for any term of years or for life, a fine under such 
title 18, or both; 
‘‘(4) in the case of assault with a dangerous 
weapon or assault resulting in serious bodily injury, 
by imprisonment not more than 30 years, a fine 
under such title 18, or both; 
‘‘(5) in the case of committing any other crime 
of violence, by imprisonment for not more than 20 
years, a fine under this title, or both; 
‘‘(6) in the case of threatening to commit a 
crime of violence specified in paragraphs (1) through 
(4), by imprisonment for not more than 10 years, a 
fine under such title 18, or both; 
‘‘(7) in the case of attempting or conspiring to 
commit murder, kidnapping, maiming, or sexual as-
sault, by imprisonment for not more than 30 years, 
a fine under such title 18, or both; and 
‘‘(8) in the case of attempting or conspiring to 
commit a crime involving assault with a dangerous 
weapon or assault resulting in serious bodily injury,
by imprisonment for not more than 20 years, a fine 
under such title 18, or both. 
‘‘(b) VENUE.—A prosecution for a violation of this 
section may be brought in— 
‘‘(1) the judicial district in which the murder or 
other crime of violence occurred; or 
‘‘(2) any judicial district in which the drug traf-
ficking crime may be prosecuted. 
‘‘(c) APPLICABLE DEATH PENALTY PROCEDURES.— 
A defendant who has been found guilty of an offense under 
this section for which a sentence of death is provided shall 
be subject to the provisions of chapter 228 of title 18, 
United States Code. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘crime of violence’ has the mean-
ing given that term in section 16 of title 18, United 
States Code; and 
‘‘(2) the term ‘drug trafficking crime’ has the 
meaning given that term in section 924(c)(2) of title 
18, United States Code.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Controlled Substances Act is amended by inserting 
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.’’.
Subtitle B—Increased Federal Re-
sources to Suppress, Deter, and 
Prevent 
At-risk 
Youth 
From 
Joining Illegal Street Gangs 
SEC. 110. 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. The term ‘‘State’’ shall include an 
‘‘Indian tribe’’, as defined by section 102 of the Fed-
erally Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 479a).
(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. To the extent that the 
goals of a high intensity interstate gang activity area 
(HIIGAA) overlap with the goals of a high intensity 
drug trafficking area (HIDTA), the Attorney Gen-
eral may merge the 2 areas to serve as a dual-pur-
pose entity. The Attorney General may not make the 
final designation of a high intensity interstate gang 
activity area without first consulting with and receiv-
ing comment from local elected officials representing 
communities within the State of the proposed des-
ignation. 
(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; and 
(C) provide all necessary funding for the 
operation of the criminal street gang enforce-
ment team in each high intensity interstate 
gang activity area. 
(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 Bureau of Alcohol, Tobacco, Fire-
arms, and Explosives; 
(B) the Department of Homeland Security; 
(C) the Department of Housing and Urban 
Development; 
(D) the Drug Enforcement Administration; 
(E) the Internal Revenue Service; 
(F) the Federal Bureau of Investigation;
(G) the United States Marshal’s Service; 
(H) the United States Postal Service; 
(I) State and local law enforcement; and 
(J) 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. 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated $100,000,000 for each of the fiscal 
years 2005 to 2009 to carry out this section. 
(2) USE OF FUNDS.—Of amounts made avail-
able under paragraph (1) in each fiscal year— 
(A) 50 percent shall be used to carry out 
subsection (b)(2); and 
(B) 50 percent shall be used to make 
grants available for community-based programs 
to provide crime prevention, research, and 
intervention services that are designed for gang 
members and at-risk youth in areas designated 
pursuant to this section as high intensity inter-
state gang activity areas. 
(3) REPORTING REQUIREMENTS.—By February 
1st of each year, the Attorney General shall provide 
a report to Congress which describes, for each des-
ignated high intensity interstate gang activity 
area—
(A) the specific long-term and short-term 
goals and objectives; 
(B) the measurements used to evaluate the 
performance of the high intensity interstate 
gang activity area in achieving the long-term 
and short-term goals; 
(C) the age, composition, and membership 
of ‘‘gangs’’; 
(D) the number and nature of crimes com-
mitted by ‘‘gangs’’; and 
(E) the definition of the term ‘‘gang’’ used 
to compile this report. 
SEC. 111. ENHANCEMENT OF PROJECT SAFE NEIGHBOR-
HOODS INITIATIVE TO IMPROVE ENFORCE-
MENT OF CRIMINAL LAWS AGAINST VIOLENT 
GANGS. 
(a) IN GENERAL.—While maintaining the focus of 
Project Safe Neighborhoods as a comprehensive, strategic 
approach to reducing gun violence in America, the Attor-
ney General is authorized to expand the Project Safe 
Neighborhoods program to require each United States at-
torney to— 
(1) identify, investigate, and prosecute signifi-
cant criminal street gangs operating within their dis-
trict;
(2) coordinate the identification, investigation, 
and prosecution of criminal street gangs among Fed-
eral, State, and local law enforcement agencies; and 
(3) coordinate and establish criminal street 
gang enforcement teams, established under section 
110(b), in high intensity interstate gang activity 
areas within a United States attorney’s district. 
(b) ADDITIONAL STAFF FOR PROJECT SAFE NEIGH-
BORHOODS.— 
(1) IN GENERAL.—The Attorney General may 
hire Assistant United States attorneys, non-attorney 
coordinators, or paralegals to carry out the provi-
sions of this section. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated $7,500,000 
for each of the fiscal years 2005 through 2009 to 
carry out this section. 
SEC. 112. ADDITIONAL RESOURCES NEEDED BY THE FED-
ERAL BUREAU OF INVESTIGATION TO INVES-
TIGATE AND PROSECUTE VIOLENT CRIMINAL 
STREET GANGS. 
(a) RESPONSIBILITIES OF ATTORNEY GENERAL.— 
The Attorney General is authorized to require the Federal 
Bureau of Investigation to—
(1) increase funding for the Safe Streets Pro-
gram; and 
(2) support the criminal street gang enforce-
ment teams, established under section 110(b), in 
designated high intensity interstate gang activity 
areas. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—In addition to amounts oth-
erwise authorized, there are authorized to be appro-
priated to the Attorney General $5,000,000 for each 
of the fiscal years 2005 through 2009 to carry out 
the Safe Streets Program. 
(2) AVAILABILITY.—Any amounts appropriated 
pursuant to paragraph (1) shall remain available 
until expended. 
SEC. 113. GRANTS TO PROSECUTORS AND LAW ENFORCE-
MENT TO COMBAT VIOLENT CRIME AND TO 
PROTECT 
WITNESSES 
AND 
VICTIMS 
OF 
CRIMES. 
(a) IN GENERAL.—Section 31702 of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 
U.S.C. 13862) is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end;
(2) in paragraph (4), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(5) to hire additional prosecutors to— 
‘‘(A) allow more cases to be prosecuted; 
and 
‘‘(B) reduce backlogs; 
‘‘(6) to fund technology, equipment, and train-
ing for prosecutors and law enforcement in order to 
increase accurate identification of gang members 
and violent offenders, and to maintain databases 
with such information to facilitate coordination 
among law enforcement and prosecutors; and 
‘‘(7) to create and expand witness and victim 
protection programs to prevent threats, intimidation, 
and retaliation against victims of, and witnesses to, 
violent crimes.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
31707 of the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 13867) is amended to read as 
follows: 
‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated $20,000,000 for each of the fiscal years 2005 
through 2009 to carry out this subtitle.
‘‘(b) USE OF FUNDS.—Of the amounts made avail-
able under subsection (a), in each fiscal year 60 percent 
shall be used to carry out section 31702(7) to create and 
expand witness and victim protection programs to prevent 
threats, intimidation, and retaliation against victims of, 
and witnesses to, violent crimes.’’. 
SEC. 114. REAUTHORIZE THE GANG RESISTANCE EDU-
CATION AND TRAINING PROJECTS PROGRAM. 
Section 32401(b) of the Violent Crime Control Act 
of 1994 (42 U.S.C. 13921(b)) is amended by striking 
paragraphs (1) through (6) and inserting the following: 
‘‘(1) $20,000,000 for fiscal year 2005; 
‘‘(2) $20,000,000 for fiscal year 2006; 
‘‘(3) $20,000,000 for fiscal year 2007; 
‘‘(4) $20,000,000 for fiscal year 2008; and 
‘‘(5) $20,000,000 for fiscal year 2009.’’. 
TITLE II—VIOLENT CRIME RE-
FORMS NEEDED TO DETER 
AND PREVENT ILLEGAL GANG 
CRIME 
SEC. 201. MULTIPLE INTERSTATE MURDER. 
Chapter 51 of title 18, United States Code, is amend-
ed by adding at the end of the new section:
‘‘§ 1123. Multiple murders in furtherance of common 
scheme of purpose 
‘‘(a) IN
GENERAL.—Whoever, having committed 
murder in violation of the laws of any State or the United 
States, moves or travels in interstate or foreign commerce 
with the intent to commit one or more murders in violation 
of the laws of any State or the United States, and there-
after commits one or more murders in violation of the laws 
of any State or the United States in furtherance of a com-
mon scheme or purpose, or who conspires to do so— 
‘‘(1) shall be fined under this title, imprisoned 
for not more than 30 years, or both, for each mur-
der; and 
‘‘(2) if death results, may be fined not more 
than $250,000 under this title, and shall be pun-
ished by death or imprisoned for any term of years 
or for life for each murder. 
‘‘(b) DEFINITION.—The term ‘State’ means each of 
the several States of the United States, the District of 
Columbia, and any commonwealth, territory, or possession 
of the United States.’’. 
SEC. 202. EXPANSION OF REBUTTABLE PRESUMPTION 
AGAINST RELEASE OF PERSONS CHARGED 
WITH FIREARMS OFFENSES. 
Section 3142 of title 18, United States Code, is 
amended—
(1) in subsection (e), in the matter following 
paragraph (3)— 
(A) by inserting ‘‘an offense under section 
922(g)(1) where the underlying conviction is a 
serious drug offense as defined in section 
924(e)(2)(A) of title 18, United States Code, 
for which a period of not more than 10 years 
has elapsed since the date of the conviction or 
the release of the person from imprisonment, 
whichever is later, or is a serious violent felony 
as defined in section 3559(c)(2)(F) of title 18, 
United States Code,’’ after ‘‘that the person 
committed’’; and 
(B) by inserting ‘‘or’’ before ‘‘the Mari-
time’’; 
(2) in subsection (f)(1)— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; and 
(B) by adding at the end the following: 
‘‘(E) an offense under section 922(g); or’’; 
and 
(3) in subsection (g), by amending paragraph 
(1) to read as follows: 
‘‘(1) the nature and circumstances of the of-
fense charged, including whether the offense is a
crime of violence, or involves a drug, firearm, explo-
sive, or destructive devise;’’. 
SEC. 203. VENUE IN CAPITAL CASES. 
Section 3235 of title 18, United States Code, is 
amended to read as follows: 
‘‘§ 3235. Venue in capital cases 
‘‘(a) The trial for any offense punishable by death 
shall be held in the district where the offense was com-
mitted or in any district in which the offense began, con-
tinued, or was completed. 
‘‘(b) If the offense, or related conduct, under sub-
section (a) involves activities which affect interstate or for-
eign commerce, or the importation of an object or person 
into the United States, such offense may be prosecuted 
in any district in which those activities occurred.’’. 
SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 
(a) IN GENERAL.—Chapter 214 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3297. Violent crime offenses 
‘‘Except as otherwise expressly provided by law, no 
person shall be prosecuted, tried, or punished for any non-
capital felony, crime of violence (as defined in section 16), 
including any racketeering activity or gang crime which
involves any violent crime, unless the indictment is found 
or the information is instituted by the later of— 
‘‘(1) 10 years after the date on which the al-
leged violation occurred; 
‘‘(2) 10 years after the date on which the con-
tinuing offense was completed; or 
‘‘(3) 8 years after the date on which the alleged 
violation was first discovered.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 214 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘3296. Violent crime offenses.’’. 
SEC. 205. PREDICATE CRIMES FOR AUTHORIZATION OF 
INTERCEPTION OF WIRE, ORAL, AND ELEC-
TRONIC COMMUNICATIONS. 
Section 2516(1) of title 18, United States Code, is 
amended— 
(1) in paragraph (q), by striking ‘‘or’.’’; 
(2) by redesignating paragraph (r) as para-
graph (u); and 
(3) by inserting after paragraph (q) the fol-
lowing: 
‘‘(r) any violation of section 424 of the Con-
trolled Substances Act (relating to murder and other 
violent crimes in furtherance of a drug trafficking 
crime);
‘‘(s) any violation of 1123 of title 18, United 
States Code (relating to multiple interstate murder); 
‘‘(t) any violation of section 521, 522, or 523 
(relating to criminal street gangs); or’’. 
SEC. 206. 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 that has engaged, ac-
quiesced, or conspired, in wrongdoing that was in-
tended to, and did, procure the unavailability of the 
declarant as a witness.’’. 
SEC. 207. CLARIFICATION OF VENUE FOR RETALIATION 
AGAINST A WITNESS. 
Section 1513 of title 18, United States Code, is 
amended by— 
(1) redesignating subsection (e) beginning with 
‘‘Whoever conspires’’ as subsection (f); and 
(2) adding at the end the following: 
‘‘(g) A prosecution under this section may be brought 
in the district in which the official proceeding (whether 
or not pending, about to be instituted or was completed) 
was intended to be affected or was completed, or in which 
the conduct constituting the alleged offense occurred.’’.
SEC. 208. AMENDMENT OF SENTENCING GUIDELINES RE-
LATING TO CERTAIN GANG AND VIOLENT 
CRIMES. 
(a) DIRECTIVE
TO
THE
UNITED
STATES
SEN-
TENCING COMMISSION.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing 
Commission shall review and, if appropriate, amend its 
guidelines and its policy statements to conform to the pro-
visions of title I and this title. 
(b) REQUIREMENTS.—In carrying out this section, 
the Sentencing Commission shall— 
(1) establish new guidelines and policy state-
ments, as warranted, in order to implement new or 
revised criminal offenses created under this title; 
(2) ensure that the sentencing guidelines and 
policy statements reflect the serious nature of the of-
fenses and the penalties set forth in this title, the 
growing incidence of serious gang and violent 
crimes, and the need to modify the sentencing guide-
lines and policy statements to deter, prevent, and 
punish such offenses; 
(3) consider the extent to which the guidelines 
and policy statements adequately address—
(A) whether the guideline offense levels 
and 
enhancements 
for 
gang 
and 
violent 
crimes— 
(i) are sufficient to deter and punish 
such offenses; and 
(ii) are adequate in view of the statu-
tory increases in penalties contained in the 
Act; and 
(B) whether any existing or new specific 
offense characteristics should be added to re-
flect congressional intent to increase gang and 
violent crime penalties, punish offenders, and 
deter gang and violent crime; 
(4) assure reasonable consistency with other 
relevant directives and with other sentencing guide-
lines; 
(5) account for any additional aggravating or 
mitigating circumstances that might justify excep-
tions to the generally applicable sentencing ranges; 
(6) make any necessary conforming changes to 
the sentencing guidelines; and 
(7) assure that the guidelines adequately meet 
the purposes of sentencing under section 3553(a)(2) 
of title 18, United States Code.
SEC. 209. INCREASED PENALTIES FOR CRIMINAL USE OF 
FIREARMS IN CRIMES OF VIOLENCE AND 
DRUG TRAFFICKING. 
(a) IN GENERAL.—Section 924(c)(1)(A) of title 18, 
United States Code, is amended— 
(1) by striking ‘‘shall’’ and inserting ‘‘or con-
spires to commit any of the above acts, shall, for 
each instance in which the firearm is used, carried, 
or possessed’’; 
(2) in clause (i), by striking ‘‘5 years’’ and in-
serting ‘‘7 years’’; and 
(3) by striking clause (ii). 
(b) CONFORMING AMENDMENTS.—Section 924 of 
title 18, United States Code, is amended— 
(1) in subsection (c), by striking paragraph (4); 
and 
(2) by striking subsection (o). 
SEC. 210. POSSESSION OF FIREARMS BY DANGEROUS FEL-
ONS. 
(a) IN GENERAL.—Section 924(e) of title 18, United 
States Code, is amended to read as follows: 
‘‘(e)(1) In the case of a person who violates section 
922(g) of this title and has previously been convicted by 
any court referred to in section 922(g)(1) for a violent 
felony or a serious drug offense shall—
‘‘(A) in the case of 1 such prior conviction, 
where a period of not more than 10 years has 
elapsed since the date of conviction or release of the 
person from imprisonment for that conviction, be 
subject to imprisonment for not more than 15 years, 
a fine under this title, or both; 
‘‘(B) in the case of 2 such prior convictions, 
committed on occasions different from one another, 
and where a period of not more than 10 years has 
elapsed since the date of conviction or release of the 
person from imprisonment for that conviction, be 
subject to imprisonment for not more than 20 years, 
a fine under this title, or both; and 
‘‘(C) in the case of 3 such prior convictions, 
committed on occasions different from one another, 
be subject to imprisonment for not less than 15 
years, a fine under this title, or both, and notwith-
standing any other provision of law, the court shall 
not suspend the sentence of, or grant a probationary 
sentence to, such person with respect to the convic-
tion under section 922(g). 
‘‘(2) As used in this subsection— 
‘‘(A) the term ‘serious drug offense’ means— 
‘‘(i) an offense under the Controlled Sub-
stances Act (21 U.S.C. 801 et seq.), the Con-
trolled Substances Import and Export Act (21 
U.S.C. 951 et seq.), or the Maritime Drug Law 
Enforcement Act (46 U.S.C. App. 1901 et 
seq.), punishable by a maximum term of impris-
onment of not less than 10 years; or 
‘‘(ii) an offense under State law, involving 
manufacturing, distributing, or possessing with 
intent to manufacture or distribute, a controlled 
substance (as defined in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802)), pun-
ishable by a maximum term of imprisonment of 
not less than 10 years; 
‘‘(B) the term ‘violent felony’ means any crime 
punishable by a term of imprisonment exceeding 1 
year, or any act of juvenile delinquency involving the 
use or carrying of a firearm, knife, or destructive de-
vice that would be punishable by a maximum term 
of imprisonment for such term if committed by an 
adult, that— 
‘‘(i) has, as an element of the crime or act, 
the use, attempted use, or threatened use of 
physical force against the person of another; or 
‘‘(ii) is burglary, arson, or extortion, in-
volves the use of explosives, or otherwise in-
volves conduct that presents a serious potential 
risk of physical injury to another; and 
‘‘(C) the term ‘conviction’ includes a finding 
that a person has committed an act of juvenile delin-
quency involving a violent felony.’’. 
(b) AMENDMENT TO SENTENCING GUIDELINES.— 
Pursuant to its authority under section 994(p) of title 28, 
United States Code, the United States Sentencing Com-
mission shall amend the Federal Sentencing Guidelines to 
provide for an appropriate increase in the offense level for 
violations of section 922(g) of title 18, United States 
Code, in accordance with section 924(e) of such title 18, 
as amended by subsection (a). 
SEC. 211. CONFORMING AMENDMENT. 
The matter before paragraph (1) in section 922(d) 
of title 18, United States Code, is amended by inserting 
‘‘, transfer,’’ after ‘‘sell’’. 
TITLE III—JUVENILE CRIME RE-
FORM FOR VIOLENT OFFEND-
ERS 
SEC. 301. TREATMENT OF FEDERAL JUVENILE OFFENDERS. 
(a) IN GENERAL.—Section 5032 of title 18, United 
States Code, is amended to read as follows:
‘‘§ 5032. Delinquency proceedings in district courts; 
juveniles tried as adults; transfer for 
criminal prosecution 
‘‘(a) DELINQUENCY
PROCEEDINGS
IN
DISTRICT 
COURTS.— 
‘‘(1) IN GENERAL.—A juvenile alleged to have 
committed an act of juvenile delinquency, other than 
a violation of law committed within the special mari-
time and territorial jurisdiction of the United States 
for which the maximum authorized term of impris-
onment does not exceed 6 months, shall not be pro-
ceeded against in any court of the United States un-
less the Attorney General, after investigation, cer-
tifies to the appropriate district court of the United 
States that— 
‘‘(A) the juvenile court or other appro-
priate court of a State does not have jurisdic-
tion or refuses to assume jurisdiction over that 
juvenile with respect to such alleged act of juve-
nile delinquency; 
‘‘(B) the State does not have available pro-
grams and services adequate for the needs of 
juveniles; or 
‘‘(C) the offense charged is a crime of vio-
lence that is a felony or an offense described in 
section 401 of the Controlled Substances Act
(21 U.S.C. 841), section 1002(a), 1003, 1005, 
1009, or 1010(b) (1), (2), or (3) of the Con-
trolled Substances Import and Export Act (21 
U.S.C. 952(a), 953, 955, 959, 960(b) (1), (2), 
(3)), section 922(x), or section 924 (b), (g), or 
(h) of this title, and there is a substantial Fed-
eral interest in the case or the offense to war-
rant the exercise of Federal jurisdiction. 
‘‘(2) FAILURE TO CERTIFY.—If the Attorney 
General does not certify under paragraph (1), the 
juvenile shall be surrendered to the appropriate legal 
authorities of such State. 
‘‘(3) FEDERAL
PROCEEDINGS.—If an alleged 
juvenile delinquent is not surrendered to the authori-
ties of a State pursuant to this section, any pro-
ceedings against him shall be in an appropriate dis-
trict court of the United States. For such purposes, 
the court may be convened at any time and place 
within the district, in chambers or otherwise. The 
Attorney General shall proceed by information or as 
authorized under section 3401(g) of this title, and 
no criminal prosecution shall be instituted for the al-
leged act of juvenile delinquency except as provided 
below.