[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2358 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American 
Neighborhoods Taking the Initiative--Guarding Against Neighborhood 
Gangs Act of 2004'' or the ``ANTI-GANG Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

                     TITLE I--CRIMINAL STREET GANGS

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.

                     TITLE I--CRIMINAL STREET GANGS

SEC. 100. FINDINGS.

    Congress finds that--
            (1) violent crime and drug trafficking are pervasive 
        problems at the national, State, and local level;
            (2) the crime rate is exacerbated by the association of 
        persons in gangs to commit acts of violence and drug offenses;
            (3) according to the most recent National Drug Threat 
        Assessment, criminal street gangs are responsible for the 
        distribution of much of the cocaine, methamphetamine, heroin, 
        and other illegal drugs being distributed in rural and urban 
        communities throughout the United States;
            (4) gangs commit acts of violence or drug offenses for 
        numerous motives, such as membership in or loyalty to the gang, 
        for protecting gang territory, and for profit;
            (5) gang presence has a pernicious effect on the free flow 
        of commerce in local businesses and directly affects the 
        freedom and security of communities plagued by gang activity;
            (6) gangs often recruit and utilize minors to engage in 
        acts of violence and other serious offenses out of a belief 
        that the criminal justice systems are more lenient on juvenile 
        offenders;
            (7) gangs often intimidate and threaten witnesses to 
        prevent successful prosecutions;
            (8) gang recruitment can be deterred both through increased 
        vigilance, strong criminal penalties, equal partnerships with 
        State and local law enforcement, and proactive intervention 
        efforts, particularly targeted at juveniles, prior to gang 
        involvement; and
            (9) State and local prosecutors, in hearings before the 
        Committee on the Judiciary of the Senate, enlisted Congress's 
        help in the prevention, investigation, and prosecution of gang 
        crimes and in the protection of witnesses and victims of gang 
        crimes.

SEC. 101. CRIMINAL STREET GANGS; DEFINITIONS.

    Section 521 of title 18, United States Code, is amended to read as 
follows:
``Sec. 521. Criminal street gang; definitions
    ``As used in this chapter:
            ``(1) Criminal street gang.--
                    ``(A) In general.--The term `criminal street gang' 
                means an ongoing formal or informal group, club, 
                organization, or association of 3 or more persons 
                through or for which they individually, jointly, or in 
                combination, have committed or attempted to commit, for 
                the direct or indirect benefit of, at the direction of, 
                or in association with the group, club, organization, 
                or association, 3 or more unrelated predicate gang 
                crimes, provided that--
                            ``(i) one of the predicate gang crimes is a 
                        violent gang crime;
                            ``(ii) one predicate gang crime must occur 
                        after the date of enactment of the ANTI-GANG 
                        Act, and the last of which must occur not later 
                        than 10 years (excluding any period of 
                        imprisonment) after the commission of a prior 
                        predicate gang crime; and
                            ``(iii) the activities of the criminal 
                        street gang must substantially affect 
                        interstate or foreign commerce.
                    ``(B) Ongoing.--
                            ``(i) In general.--As used in this 
                        paragraph, the term `ongoing', means that the 
                        criminal street gang has an independent 
                        identity and existence extending beyond the 
                        planning or carrying out of any offense or 
                        series of offenses which happen to be predicate 
                        gang crimes.
                            ``(ii) Factors.--The presence or absence of 
                        any of the following evidentiary factors is 
                        relevant to show the existence or nonexistence 
                        of an ongoing criminal street gang, or to show 
                        that any predicate gang crime was committed 
                        through or for a criminal street gang:
                                    ``(I) A common name, insignia, 
                                flag, means of recognition, secret 
                                signal or code.
                                    ``(II) A common creed, belief, 
                                structure, leadership or 
command structure, method of operation or criminal enterprise, 
concentration or specialty.
                                    ``(III) Membership, age or other 
                                qualifications, initiation rites, 
                                geographical or territorial situs, 
                                boundary, or location, or other 
                                unifying mark, manner, protocol, or 
                                method of expressing or indicating 
                                membership.
                    ``(C) Three or more persons.--As used in this 
                paragraph, the term `3 or more persons', shall not 
                require that the same 3 or more persons be involved in 
                2 or more predicate gang crimes.
                    ``(D) Unrelated.--As used in this paragraph, the 
                term `unrelated', means that the predicate gang crimes 
                are not part of a single course of conduct with a 
                single criminal objective, and do not represent 
                essentially 1 composite harm even if such gang crimes 
                constitute legally distinct offenses occurring at 
                different times. Violent gang crimes committed on 
                different days shall always be considered to be 
                unrelated.
            ``(2) Predicate gang crime.--The term `predicate gang 
        crime', means any act or threat, or attempted act or threat, 
        which is chargeable under Federal or State law, and punishable 
        by imprisonment for more than 1 year, involving--
                    ``(A) a violent gang crime, which includes--
                            ``(i) murder;
                            ``(ii) attempted murder;
                            ``(iii) manslaughter;
                            ``(iv) kidnapping;
                            ``(v) robbery;
                            ``(vi) assault;
                            ``(vii) extortion;
                            ``(viii) arson;
                            ``(ix) burglary;
                            ``(x) sexual assault;
                            ``(xi) carjacking; and
                            ``(xii) explosive materials under 
                        subsection (d), (e), (f), or (i) of section 
                        844;
                    ``(B) a `serious drug offense', as that term is 
                defined under section 924(e)(2)(A);
                    ``(C) obstruction of justice (including offenses 
                under sections 1503 and 1510);
                    ``(D) tampering with or retaliating against a 
                witness, victim, or informant (including offenses under 
                sections 1512 and 1513);
                    ``(E) fraud and related activity in connection with 
                identification documents or access devices under 
                sections 1028 and 1029;
                    ``(F) interference with commerce by threats of 
                violence under section 1951;
                    ``(G) money laundering under section 1956;
                    ``(H) engaging in monetary transactions in property 
                derived from specified unlawful activity under section 
                1957;
                    ``(I) the use of interstate commerce facilities in 
                the commission of murder-for-hire;
                    ``(J) the interstate transportation, sale, or 
                receipt of stolen goods under sections 2312 through 
                2315;
                    ``(K) the receipt, possession, and transfer of 
                firearms, except for violations of section 922(g); or
                    ``(L) any act involving the Immigration and 
                Nationality Act, section 274 (relating to bringing in 
                and harboring certain aliens), section 277 (relating to 
                aiding or assisting certain aliens to enter the United 
                States), or section 278 (relating to importation of 
                aliens for immoral purposes).
            ``(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.''.

SEC. 102. CRIMINAL STREET GANGS--PROHIBITED ACTS, PENALTIES, AND 
              FORFEITURE.

    Chapter 26 of title 18, United States Code, is amended by adding at 
the end the following:
``Sec. 522. Prohibited acts; penalties and forfeiture
    ``(a) Recruitment and Retention in Criminal Street Gangs.--It shall 
be unlawful for any person--
            ``(1) to recruit, solicit, command, employ, persuade, 
        induce, entice, or coerce any person to become a member of or 
        participate in, any criminal street gang with the intent that 
        the person recruited will do any act to effect the criminal 
        activities of a criminal street gang; or
            ``(2) by use of force, threat, or intimidation directed at 
        any person, or by the infliction of bodily injury upon any 
        person, to knowingly prevent a person from leaving a criminal 
        street gang.
    ``(b) Participation in a Criminal Street Gang.--It shall be 
unlawful for any person--
            ``(1) to do any act with the intent to effect the criminal 
        activities of a criminal street gang;
            ``(2) to commit, attempt to commit, aid or abet the 
        commission of, or conspire to commit any predicate gang crime--
                    ``(A) in furtherance or in aid of the activities of 
                the criminal street gang;
                    ``(B) for the direct or indirect benefit of the 
                criminal street gang, or in association with the 
                criminal street gang;
                    ``(C) for the purpose of gaining entrance to, or 
                maintaining or increasing position in, the criminal 
                street gang;
        while knowingly being a member of or participating in a 
        criminal street gang; or
            ``(3) to employ, use, command, counsel, persuade, induce, 
        entice, or coerce any individual to commit any predicate gang 
        crime--
                    ``(A) in furtherance or in aid of the activities of 
                the criminal street gang;
                    ``(B) for the direct or indirect benefit of the 
                criminal street gang, or in association with the 
                criminal street gang; or
                    ``(C) for the purpose of gaining entrance to or 
                maintaining or increasing position in the criminal 
                street gang;
        while knowingly being a member of or participating in a 
        criminal street gang.
    ``(c) Witness Intimidation.--It shall be unlawful for any person to 
travel in interstate or foreign commerce, or use the mail or any 
facility in interstate or foreign commerce, or to employ, use, command, 
counsel, persuade, induce, entice, or coerce any individual to do the 
same, to threaten, influence, or prevent from testifying any witness in 
a Federal or State criminal proceeding--
            ``(1) in furtherance or in aid of the activities of a 
        criminal street gang;
            ``(2) for the direct or indirect benefit of, at the 
        direction of, or in association with a criminal street gang; or
            ``(3) for the purpose of gaining entrance to or maintaining 
        or increasing position in a criminal street gang.
    ``(d) Underlying Offenses.--
            ``(1) No limitation on underlying offenses.--Nothing in 
        this section shall be construed to prohibit the conviction or 
        sentencing of any person for an underlying offense that is 
        included in the definition of `predicate gang crimes'.
            ``(2) Venue for underlying offenses.--Notwithstanding any 
        other provision of law, venue for any Federal underlying 
        offense charged as a predicate gang crime in a prosecution 
        under this section shall lie in the same district as a 
        prosecution under this section.
    ``(e) Penalties.--
            ``(1) Whoever violates subsection (a)(1) or (b)(1) of this 
        section shall be fined under this title, or imprisoned not more 
        than 3 years, or both; provided that if the person recruited 
        under subsection (a)(1) is a minor and the violator is 18 years 
        of age or older, then the violator shall be fined under this 
        title, imprisoned not more than 10 years, or both.
            ``(2) Whoever violates subsection (a)(2) or (c) shall be 
        fined under this title, or imprisoned not more than 10 years, 
        or both; provided that if the person prevented from leaving 
        under subsection (a)(2) is a minor and the violator is 18 years 
        of age or older, then the violator shall be fined under this 
        title, imprisoned not more than 15 years, or both.
            ``(3) Whoever violates subsection (b)(2) or (b)(3) shall be 
        fined under this title, imprisoned not more than 20 years, or 
        both; except--
                    ``(A) where the predicate gang crime is a serious 
                drug offense, then whoever violates these subsections 
                shall be fined under this title, imprisoned not more 
                than 30 years, or both; or
                    ``(B) where the predicate gang crime is a violent 
                gang crime, whoever violates these subsections shall be 
                fined under this title, imprisoned for any term of 
                years or for life, or both.
    ``(f) Forfeiture.--
            ``(1) In general.--A person who violates any provision of 
        this section shall, in addition to any other penalty and 
        irrespective of any provision of State law, forfeit to the 
        United States--
                    ``(A) any property constituting, or derived from, 
                any proceeds the person obtained, directly or 
                indirectly, as a result of the violation; and
                    ``(B) any property used, or intended to be used, in 
                any manner or part, to commit, or to facilitate the 
                commission of the violation.
            ``(2) Application of controlled substances act.--
        Subsections (b), (c), (e), (f), (g), (h), (i), (j), (k), (l), 
        (m), (n), (o), and (p) of section 413 of the Controlled 
        Substances Act (21 U.S.C. 853) shall apply to a forfeiture 
        under this section.
    ``(g) Certification by the United States Attorney.--No prosecution 
of any offense described under this section involving a predicate gang 
crime that is otherwise exclusively chargeable under State law shall be 
undertaken by the United States except upon the certification in 
writing of the Attorney General, the Deputy Attorney General, the 
Associate Attorney General, any Assistant Attorney General specially 
designated by the Attorney General, or the United States attorney for 
the district in which the offense will be prosecuted, after 
consultation with State and local prosecutors, that in his judgment a 
prosecution by the United States is in the public interest and 
necessary to secure substantial justice, which function of 
certification may not be delegated.''.

SEC. 103. CLERICAL AMENDMENTS.

    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 gangs; definitions.
``522. Prohibited acts; penalties and forfeiture.''.

SEC. 104. CONFORMING AMENDMENTS.

    (a) Authorization of Interception of Wire, Oral, and Electronic 
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 paragraph (s); and
            (3) by inserting after paragraph (q) the following:
            ``(r) any violation of section 522 (relating to criminal 
        street gangs); or''.
    (b) Orders for Restitution.--Section 3663(c)(4) of title 18, United 
States Code, is amended by striking ``chapter 46 or chapter 96'' and 
inserting ``chapters 26, 46, or 96''.
    (c) Amendment of Special Sentencing Provision Prohibiting Prisoner 
Communications.--Section 3582(d) of title 18, United States Code, is 
amended--
            (1) by inserting ``chapter 26 (criminal street gangs),'' 
        before ``chapter 95''; and
            (2) by inserting ``a criminal street gang or'' before ``an 
        illegal enterprise''.

SEC. 105. DESIGNATION OF AND ASSISTANCE FOR ``HIGH INTENSITY'' 
              INTERSTATE GANG ACTIVITY AREAS.

    (a) Definitions.--In this section:
            (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 activity area'' means an area 
        within a State that is designated as a high intensity 
        interstate gang activity area under subsection (b)(1).
            (3) High intensity interstate gang and drug trafficking 
        area.--The term ``high intensity interstate gang and drug 
        trafficking area'' means an area within a State that is cross-
        designated as a high intensity interstate gang and drug 
        trafficking area under subsection (b)(2).
            (4) 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 under 
        section 102 of the Federally 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 
        specific areas that are located within 1 or more States as high 
        intensity interstate gang activity areas.
            (2) Cross-designation.--The Attorney General, after 
        consultation with the Governors of appropriate States and the 
        Director of the Office of National Drug Control Policy, may 
        cross-designate specific areas already designated as high 
        intensity interstate drug trafficking areas under section 707 
        of the Office of National Drug Control Policy Reauthorization 
        Act of 1998 (21 U.S.C. 1706) as high intensity interstate gang 
        and drug trafficking areas.
            (3) Assistance.--In order to provide Federal assistance to 
        high intensity interstate gang activity areas or high intensity 
        interstate gang and drug trafficking areas, the Attorney 
        General shall--
                    (A) establish criminal street gang enforcement 
                teams, consisting of Federal, State, and local law 
                enforcement authorities, for the coordinated 
                investigation, disruption, apprehension, and 
                prosecution of criminal street gangs and offenders in 
                each high intensity interstate gang activity area or 
                high intensity interstate gang and drug trafficking 
                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 personnel to each criminal street gang 
                enforcement team; and
                    (C) provide all necessary funding for the operation 
                of the criminal street gang enforcement team in each 
                high intensity interstate gang activity area or high 
                intensity interstate gang and drug trafficking area.
            (4) Composition of criminal street gang enforcement team.--
        The team established under paragraph (2)(A) shall consist of 
        agents and officers, where feasible, from--
                    (A) the Bureau of Alcohol, Tobacco, Firearms, 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.
            (5) Coordination.--In each area cross-designated as a high 
        intensity interstate gang and drug trafficking area, the team 
        established under paragraph (2)(A) shall fully coordinate its 
        antigang activities with antidrug trafficking activities 
        undertaken by Federal, State, and local officials under section 
        707 of the Office of National Drug Control Policy 
        Reauthorization Act of 1998 (21 U.S.C. 1706).
            (6) Criteria for designation.--In considering an area for 
        designation as a high intensity interstate gang activity area 
        or high intensity interstate gang and drug trafficking 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 increase 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.--There are authorized to be 
appropriated $40,000,000 for each of fiscal years 2005 through 2009 to 
carry out this section.

SEC. 106. GANG PREVENTION GRANTS.

    (a) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice shall make grants, in accordance with such 
regulations as the Attorney General may prescribe, to States, units of 
local government, tribal governments, and qualified private entities, 
to develop community-based programs that provide crime prevention, 
research, and intervention services that are designed for gang members 
and at-risk youth.
    (b) Use of Grant Amounts.--Amounts received by a grantee under this 
section may be used by the grantee, directly or through subgrants, only 
for 1 or more of the following activities:
            (1) Preventing initial gang recruitment and involvement 
        among younger teenagers.
            (2) Reducing gang involvement through nonviolent and 
        constructive activities, such as community service programs, 
        development of nonviolent conflict resolution skills, 
        employment and legal assistance, family counseling, and other 
        safe, community-based alternatives for high-risk youth.
            (3) Developing in-school and after-school gang safety, 
        control, education, and resistance procedures and programs.
            (4) Identifying and addressing early childhood risk factors 
        for gang involvement, including parent training and childhood 
        skills development.
            (5) Identifying and fostering protective factors that 
        buffer children and adolescents from gang involvement.
    (c) Grant Requirements.--
            (1) Period.--A grant under this section shall be made for a 
        period of not more than 2 years.
            (2) Maximum.--The amount of a grant under this section may 
        not exceed $1,000,000.
    (d) Annual Report.--Each recipient of a grant under this section 
shall submit to the Attorney General, for each year in which funds from 
a grant received under this section are expended, a report containing--
            (1) a summary of the activities carried out with grant 
        funds during that year;
            (2) an assessment of the effectiveness of the crime 
        prevention, research, and intervention activities of the 
        recipient;
            (3) a strategic plan for the year following the year 
        covered under paragraph (1); and
            (4) such other information as the Attorney General may 
        require.
    (e) Minimum Allocation.--Unless all eligible applications submitted 
by any State or unit of local government within such State for a 
planning or implementation grant under this section have been funded, 
such State, together with grantees within the State (other than Indian 
tribes), shall be allocated in each fiscal year under this section not 
less than 0.75 percent of the total amount appropriated in the fiscal 
year for planning or implementation grants under this section.
    (f) Definition.--In this section, the term ``units of local 
government'' includes sheriffs, police agencies, and local prosecutor 
offices.
    (g) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        for grants under this section $40,000,000 for each of the 
        fiscal years 2005 through 2009.
            (2) Limitation.--Of amounts made available for grants under 
        this section, not less than 50 percent shall be available only 
        for areas designated pursuant to section 105 as high intensity 
        interstate gang activity areas or high intensity interstate 
        gang and drug trafficking areas.

SEC. 107. GANG PREVENTION INFORMATION GRANTS.

    (a) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice shall make grants, in accordance with such 
regulations as the Attorney General may prescribe, to States, units of 
local government, and tribal governments to fund technology, equipment, 
and training for State and local sheriffs, police agencies, and 
prosecutor offices in order to--
            (1) increase accurate identification of gang members and 
        violent offenders;
            (2) maintain databases with such information to facilitate 
        coordination among law enforcement and prosecutors; and
            (3) otherwise improve the investigation and prosecution of 
        criminal street gangs.
    (b) Grant Requirements.--
            (1) Period.--A grant under this section shall be made for a 
        period of not more than 2 years.
            (2) Maximum.--The amount of a grant under this section may 
        not exceed $1,000,000.
    (c) Annual Report.--Each recipient of a grant under this section 
shall submit to the Attorney General, for each year in which funds from 
a grant received under this section are expended, a report containing--
            (1) a summary of the activities carried out with grant 
        funds during that year;
            (2) an assessment of the effectiveness of the crime 
        prevention, research, and intervention activities of the 
        recipient;
            (3) a strategic plan for the year following the year 
        covered under paragraph (1); and
            (4) such other information as the Attorney General may 
        require.
    (d) Minimum Allocation.--Unless all eligible applications submitted 
by any State or unit of local government within such State for a 
planning or implementation grant under this section have been funded, 
such State, together with grantees within the State (other than Indian 
tribes), shall be allocated in each fiscal year under this section not 
less than 0.75 percent of the total amount appropriated in the fiscal 
year for planning or implementation grants under this section.
    (e) Definition.--In this section, the term ``units of local 
government'' includes sheriffs, police agencies, and local prosecutor 
offices.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section $20,000,000 for each of the 
fiscal years 2005 through 2009.

SEC. 108. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO 
              IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT 
              GANGS.

    (a) In General.--The Attorney General shall expand the Project Safe 
Neighborhoods program to require each United States attorney to--
            (1) identify, investigate, and prosecute significant 
        criminal street gangs operating within their district;
            (2) coordinate the identification, investigation, and 
        prosecution of criminal street gangs among Federal, State, and 
        local law enforcement agencies;
            (3) consult with State and local prosecutors to determine 
        how Federal, State, and local law enforcement resources can 
        best be used to serve the public interest and secure 
        substantial justice; and
            (4) coordinate and establish criminal street gang 
        enforcement teams, established under section 105(b), in high 
        intensity interstate gang activity areas within the district of 
        the United States attorney.
    (b) Additional Assistant United States Attorneys for Project Safe 
Neighborhoods.--
            (1) In general.--The Attorney General may hire 94 
        additional Assistant United States attorneys to carry out the 
        provisions 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. 109. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF 
              INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT 
              CRIMINAL STREET GANGS.

    (a) Responsibilities of Attorney General.--The Attorney General 
shall require the Federal Bureau of Investigation to--
            (1) increase funding for the Safe Streets Program;
            (2) support the criminal street gang enforcement teams, 
        established under section 105(b), in designated high intensity 
        interstate gang activity areas; and
            (3) consult with State and local prosecutors to determine 
        how Federal, State, and local law enforcement resources can 
        best be used to serve the public interest and secure 
        substantial justice.
    (b) Authorization of Appropriations.--
            (1) In general.--In addition to amounts otherwise 
        authorized, there are authorized to be appropriated to the 
        Federal Bureau of Investigation $5,000,000 for each of the 
        fiscal years 2005 through 2009 to carry out the Safe Streets 
        Program.
            (2) Availability.--Any amounts appropriated under paragraph 
        (1) shall remain available until expended.

SEC. 110. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION 
              PROGRAM.

    Section 3521(a)(1) of title 18 is amended by inserting ``, criminal 
street gang, serious drug offense, homicide,'' after ``organized 
criminal activity''.

SEC. 111. GRANTS TO STATE AND LOCAL PROSECUTORS TO PROTECT WITNESSES 
              AND VICTIMS OF CRIME.

    (a) Grants Authorized.--
            (1) In general.--The Attorney General is authorized to make 
        grants to State and local prosecutors and the United States 
        attorney for the District of Columbia for the purpose of 
        providing short-term protection to witnesses in trials 
        involving an organized criminal activity, criminal street gang, 
        serious drug offense, homicide, or other serious offense.
            (2) Allocation.--Each prosecutor receiving a grant under 
        this section may either--
                    (A) use the grant to provide witness relocation and 
                protection; or
                    (B) pursuant to a cooperative agreement with the 
                Attorney General, credit the grant to the United States 
                Marshal's Service to cover the costs of providing 
                witness relocation and protection on behalf of the 
                prosecutor.
    (b) Application.--
            (1) In general.--Each prosecutor desiring a grant under 
        this section shall submit an application to the Attorney 
        General at such time, in such manner, and accompanied by such 
        information as the Attorney General may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Attorney General determines to be essential to ensure 
                compliance with the requirements of this section.
    (c) Minimum Allocation.--Unless all eligible applications submitted 
by State and local prosecutors within a State for planning or 
implementation grants under this section have been funded, the grantees 
within the State shall be allocated in each fiscal year under this 
section not less than 0.75 percent of the total amount appropriated in 
the fiscal year for planning or implementation grants pursuant to this 
section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $60,000,000 for each of the 
fiscal years 2005 through 2009.

SEC. 112. WITNESS PROTECTION SERVICES.

    Section 3526 of title 18, United States Code (Cooperation of other 
Federal agencies and State governments; reimbursement of expenses) 
shall be amended to add the following subsection:
    ``(c) In any case in which a State government requests the Attorney 
General to provide temporary protection under section 3521(e) of this 
title, the costs of providing temporary protection are not reimbursable 
if the investigation or prosecution in any way relates to crimes of 
violence committed by a gang, as defined under the laws of the relevant 
State seeking assistance under this title.''.

     TITLE II--RELATED MATTERS INVOLVING VIOLENT CRIME PROSECUTION

SEC. 201. STUDY ON EXPANDING FEDERAL AUTHORITY FOR JUVENILE OFFENDERS.

    (a) In General.--Not later than 9 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committees on the Judiciary of the Senate and the 
House of Representatives a report on the costs and benefits associated 
with expanding Federal authority to prosecute offenders under the age 
of 18 who are gang members who commit criminal offenses.
    (b) Contents.--The report submitted under subsection (a) shall--
            (1) examine the ability of the judicial systems of the 
        States to respond effectively to juveniles who are members of 
``criminal street gangs'', as defined under section 521 of title 18, 
United States Code;
            (2) examine the extent to which offenders who are 16 and 17 
        years old are members of criminal street gangs, and are accused 
        of committing violent crimes and prosecuted in the adult 
        criminal justice systems of the individual States;
            (3) determine the percentage of crimes committed by members 
        of ``criminal street gangs'' that are committed by offenders 
        who are 16 and 17 years old;
            (4) examine the extent to which United States attorneys 
        currently bring criminal indictments and prosecute offenders 
        under the age of 18, and the extent to which United States 
        attorneys' offices include prosecutors with experience 
        prosecuting juveniles for adult criminal violations;
            (5) examine the extent to which the Bureau of Prisons 
        houses offenders under the age of 18, and has the ability and 
        experience to meet the needs of young offenders;
            (6) estimate the cost to the Federal Government of 
        prosecuting and incarcerating 16 and 17 year olds who are 
        members of criminal street gangs and are accused of violent 
        crimes; and
            (7) detail any benefits for Federal prosecutions that would 
        be realized by expanding Federal authority to bring charges 
        against 16 and 17 year olds who are members of criminal street 
        gangs and are accused of violent crimes.

SEC. 202. PROSECUTORS AND DEFENDERS INCENTIVE ACT.

    (a) Short Title.--This section may be cited as the ``Prosecutors 
and Defenders Incentive Act''.
    (b) Loan Repayment for Prosecutors and Public Defenders.--Title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3711 et seq.) is amended by adding at the end the following:

     ``PART CC--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

``SEC. 2901. GRANT AUTHORIZATION.

    ``(a) Purpose.--The purpose of this section is to encourage 
qualified individuals to enter and continue employment as prosecutors 
and public defenders.
    ``(b) Definitions.--In this section:
            ``(1) Prosecutor.--The term `prosecutor' means a full-time 
        employee of a State or local agency who--
                    ``(A) is continually licensed to practice law; and
                    ``(B) prosecutes criminal cases at the State or 
                local level.
            ``(2) Public defender.--The term `public defender' means an 
        attorney who--
                    ``(A) is continually licensed to practice law; and
                    ``(B) is--
                            ``(i) a full-time employee of a State or 
                        local agency, or a nonprofit organization 
                        operating under a contract with a State or unit 
                        of local government, that provides legal 
                        representation to indigent persons in criminal 
                        cases; or
                            ``(ii) employed as a full-time Federal 
                        defender attorney in a defender organization 
                        established pursuant to subsection (g) of 
                        section 3006A of title 18, United States Code, 
                        that provides legal representation to indigent 
                        persons in criminal cases.
            ``(3) Student loan.--The term `student loan' means--
                    ``(A) a loan made, insured, or guaranteed under 
                part B of title IV of the Higher Education Act of 1965 
                (20 U.S.C. 1071 et seq.);
                    ``(B) a loan made under part E or D of title IV of 
                the Higher Education Act of 1965 (20 U.S.C. 1087a et 
                seq.); and
                    ``(C) a loan made under section 428C of the Higher 
                Education Act of 1965 (20 U.S.C. 1078-3) to the extent 
                that such loan was used to repay a Federal Direct 
                Stafford Loan, a Federal Direct Unsubsidized Stafford 
                Loan, or a loan made under section 428 or 428H of such 
                Act.
    ``(c) Program Authorized.--The Attorney General shall establish a 
program by which the Department of Justice shall assume the obligation 
to repay a student loan, by direct payments on behalf of a borrower to 
the holder of such loan, in accordance with subsection (d), for any 
borrower who--
            ``(1) is employed as a prosecutor or public defender; and
            ``(2) is not in default on a loan for which the borrower 
        seeks forgiveness.
    ``(d) Terms of Agreement.--
            ``(1) In general.--To be eligible to receive repayment 
        benefits under subsection (c), a borrower shall enter into a 
        written agreement that specifies that--
                    ``(A) the borrower will remain employed as a 
                prosecutor or public defender for a required period of 
                service of not less than 3 years, unless involuntarily 
                separated from that employment;
                    ``(B) if the borrower is involuntarily separated 
                from employment on account of misconduct, or 
                voluntarily separates from employment, before the end 
                of the period specified in the agreement, the borrower 
                will repay the Attorney General the amount of any 
                benefits received by such employee under this section;
                    ``(C) if the borrower is required to repay an 
                amount to the Attorney General under subparagraph (B) 
                and fails to repay such amount, a sum equal to that 
                amount shall be recoverable by the Federal Government 
                from the employee (or such employee's estate, if 
                applicable) by such methods as are provided by law for 
                the recovery of amounts owed to the Federal Government;
                    ``(D) the Attorney General may waive, in whole or 
                in part, a right of recovery under this subsection if 
                it is shown that recovery would be against equity and 
                good conscience or against the public interest; and
                    ``(E) the Attorney General shall make student loan 
                payments under this section for the period of the 
                agreement, subject to the availability of 
                appropriations.
            ``(2) Repayments.--
                    ``(A) In general.--Any amount repaid by, or 
                recovered from, an individual or the estate of an 
                individual under this subsection shall be credited to 
                the appropriation account from which the amount 
                involved was originally paid.
                    ``(B) Merger.--Any amount credited under 
                subparagraph (A) shall be merged with other sums in 
                such account and shall be available for the same 
                purposes and period, and subject to the same 
                limitations, if any, as the sums with which the amount 
                was merged.
            ``(3) Limitations.--
                    ``(A) Student loan payment amount.--Student loan 
                repayments made by the Attorney General under this 
                section shall be made subject to such terms, 
                limitations, or conditions as may be mutually agreed 
                upon by the borrower and the Attorney General in an 
                agreement under paragraph (1), except that the amount 
                paid by the Attorney General under this section shall 
                not exceed--
                            ``(i) $10,000 for any borrower in any 
                        calendar year; or
                            ``(ii) an aggregate total of $60,000 in the 
                        case of any borrower.
                    ``(B) Beginning of payments.--Nothing in this 
                section shall authorize the Attorney General to pay any 
                amount to reimburse a borrower for any repayments made 
                by such borrower prior to the date on which the 
                Attorney General entered into an agreement with the 
                borrower under subsection (d).
    ``(e) Additional Agreements.--
            ``(1) In general.--On completion of the required period of 
        service under an agreement under subsection (d), the borrower 
        and the Attorney General may, subject to paragraph (2), enter 
        into an additional agreement in accordance with subsection (d).
            ``(2) Term.--An agreement entered into under paragraph (1) 
        may require the borrower remain employed as a prosecutor or 
        public defender for less than 3 years.
    ``(f) Award Basis; Priority.--
            ``(1) Award basis.--Subject to paragraph (2), the Attorney 
        General shall provide repayment benefits under this section on 
        a first-come, first-served basis, and subject to the 
        availability of appropriations.
            ``(2) Priority.--The Attorney General shall give priority 
        in providing repayment benefits under this section in any 
        fiscal year to a borrower who--
                    ``(A) received repayment benefits under this 
                section during the preceding fiscal year; and
                    ``(B) has completed less than 3 years of the first 
                required period of service specified for the borrower 
                in an agreement entered into under subsection (e).
    ``(g) Regulations.--The Attorney General is authorized to issue 
such regulations as may be necessary to carry out the provisions of 
this section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $25,000,000 for fiscal year 2005 
and such sums as may be necessary for each succeeding fiscal year.''.
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