(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 ‘‘Except 
as otherwise provided in this chapter, a juvenile’’ ; 
(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 juvenile’s 
16th birthday which if committed by an adult would 
be a crime of violence that is a felony, an offense de-
scribed in subsection (d), (i), (j), (k), (o), (p), (q), (u), 
or (x) of section 922 (relating to unlawful acts), or 
subsection (b), (c), (g), (h), (k), (l), (m), or (n) of sec-
tion 924 (relating to penalties), section 930 (relating 
to possession of firearms and dangerous weapons in 
Federal facilities), or section 931 (relating to pur-
chase, ownership, or possession of body armor by vio-
lent felons). The decision whether or not to prosecute 
a juvenile as an adult under the immediately pre-
ceding sentence is not subject to judicial 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.’’. 
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 defini-
tions 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 ACTIVITY 
AREA.—The term ‘‘high intensity interstate gang ac-
tivity 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 coordi-
nated investigation, disruption, apprehension, 
and prosecution of criminal street gangs and of-
fenders in each high intensity interstate gang ac-
tivity area; 
(B) direct the reassignment or detailing 
from any Federal department or agency (subject 
to the approval of the head of that department 
or agency, in the case of a department or agency 
other than the Department of Justice) of per-
sonnel to each criminal street gang enforcement 
team;
(C) provide all necessary funding for the 
operation of the criminal street gang enforcement 
team in each high intensity interstate gang ac-
tivity area; and 
(D) provide all necessary funding for na-
tional and regional meetings of criminal street 
gang enforcement teams, and all other related or-
ganizations, as needed, to ensure effective oper-
ation of such teams through the sharing of intel-
ligence, best practices and for any other related 
purpose. 
(3) COMPOSITION
OF
CRIMINAL
STREET
GANG 
ENFORCEMENT TEAM.—The team established pursuant 
to paragraph (2)(A) shall consist of agents and offi-
cers, 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, kidnapping, 
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 problem; 
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) ADDITIONAL ASSISTANT U.S. ATTORNEYS.—The 
Attorney General is authorized to hire 94 additional Assist-
ant United States attorneys to carry out the provisions of 
this section. Each attorney hired under this subsection shall 
be assigned to a high intensity interstate gang activity area. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated—
(1) $50,000,000 for each of the fiscal years 2006 
through 2010 to carry out subsection (b); and 
(2) $7,500,000 for each of the fiscal years 2006 
through 2010 to carry out subsection (c). 
SEC. 202. GRANTS TO STATE AND LOCAL PROSECUTORS 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 training 
for prosecutors and law enforcement in order to in-
crease 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 fund technology, equipment, and training 
for prosecutors to increase the accurate identification 
and successful prosecution of young violent offend-
ers.’’. 
(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 fol-
lows: 
‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated $20,000,000 
for each of the fiscal years 2006 through 2010 to carry out 
this subtitle.’’.
Union Calendar No. 35
109TH CONGRESS 
1ST SESSION 
H. R. 1279
[Report No. 109–74] 
A BILL 
To amend title 18, United States Code, to reduce 
violent gang crime and protect law-abiding citi-
zens and communities from violent criminals, and 
for other purposes. 
MAY 5, 2005
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed