[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1022 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1022

    To increase and enhance law enforcement resources committed to 
  investigation and prosecution of violent gangs, to deter and punish 
  violent gang crime, to protect law-abiding citizens and communities 
 from violent criminals, to revise and enhance criminal penalties for 
violent crimes, to expand and improve gang prevention programs, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2009

 Mr. Schiff (for himself and Mrs. Bono Mack) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
 addition to the Committee on Education and Labor, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To increase and enhance law enforcement resources committed to 
  investigation and prosecution of violent gangs, to deter and punish 
  violent gang crime, to protect law-abiding citizens and communities 
 from violent criminals, to revise and enhance criminal penalties for 
violent crimes, to expand and improve gang prevention programs, 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.

    This Act may be cited as the ``Gang Prevention, Intervention, and 
Suppression Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
 TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL, 
  INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT INTERSTATE AND 
                            FOREIGN COMMERCE

Sec. 101. Revision and extension of penalties related to criminal 
                            street gang activity.
        TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE

Sec. 201. Murder and other violent crimes committed during and in 
                            relation to a drug trafficking crime.
Sec. 202. Expansion of rebuttable presumption against release of 
                            persons charged with firearms offenses.
Sec. 203. Statute of limitations for violent crimes and terrorism 
                            offenses.
Sec. 204. Study of hearsay exception for forfeiture by wrongdoing.
Sec. 205. Possession of firearms by dangerous felons.
Sec. 206. Conforming amendment.
Sec. 207. Prohibition on illegal gun transfers to commit drug 
                            trafficking crimes or crimes of violence.
Sec. 208. Publicity campaign about new criminal penalties and gang-
                            related outreach.
Sec. 209. Predicate crimes for authorization of interception of wire, 
                            oral, and electronic communications.
Sec. 210. Clarification of Hobbs Act.
Sec. 211. Making personal information about certain witnesses and 
                            informants publicly available with unlawful 
                            intent.
Sec. 212. Amendment of sentencing guidelines.
 TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY 
 AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES

Sec. 301. Designation of and assistance for high intensity gang 
                            activity areas.
Sec. 302. Gang prevention grants.
Sec. 303. Enhancement of Project Safe Neighborhoods initiative to 
                            improve enforcement of criminal laws 
                            against violent gangs.
Sec. 304. Additional resources needed by the Federal Bureau of 
                            Investigation to investigate and prosecute 
                            violent criminal street gangs.
Sec. 305. Grants to prosecutors and law enforcement to combat violent 
                            crime.
Sec. 306. Training at the National Advocacy Center.
Sec. 307. Short-Term State Witness Protection Section.
Sec. 308. Witness protection services.
Sec. 309. Expansion of Federal witness relocation and protection 
                            program.
Sec. 310. Family abduction prevention grant program.
Sec. 311. Study on adolescent development and sentences in the Federal 
                            system.
      TITLE IV--RESOURCES TO STRENGTHEN EMPLOYMENT AND EDUCATION 
                   OPPORTUNITIES FOR FORMER OFFENDERS

Sec. 401. Grants to assist juvenile offender reintegration projects.
Sec. 402. Employment and education grants to assist in reducing 
                            recidivism.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) violent crime and drug trafficking are pervasive 
        problems at the national, State, and local level;
            (2) according to recent Federal Bureau of Investigation, 
        Uniform Crime Reports, violent crime in the United States is on 
        the rise, with a 2.3 percent increase in violent crime in 2005 
        (the largest increase in the United States in 15 years) and an 
        even larger 3.7 percent jump during the first 6 months of 2006, 
        and the Police Executive Research Forum reports that, among 
        jurisdictions providing information, homicides are up 10.21 
        percent, robberies are up 12.27 percent, and aggravated 
        assaults with firearms are up 9.98 percent since 2004;
            (3) these disturbing rises in violent crime are 
        attributable in part to the spread of criminal street gangs and 
        the willingness of gang members to commit acts of violence and 
        drug trafficking offenses;
            (4) according to a recent National Drug Threat Assessment, 
        criminal street gangs are responsible for much of the retail 
        distribution of the cocaine, methamphetamine, heroin, and other 
        illegal drugs being distributed in rural and urban communities 
        throughout the United States;
            (5) 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;
            (6) gang presence and intimidation, and the organized and 
        repetitive nature of the crimes that gangs and gang members 
        commit, has a pernicious effect on the free flow of interstate 
        commercial activities and directly affects the freedom and 
        security of communities plagued by gang activity, diminishing 
        the value of property, inhibiting the desire of national and 
        multinational corporations to transact business in those 
        communities, and in a variety of ways directly and 
        substantially affecting interstate and foreign commerce;
            (7) 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;
            (8) gangs often intimidate and threaten witnesses to 
        prevent successful prosecutions;
            (9) gangs prey upon and incorporate minors into their 
        ranks, exploiting the fact that adolescents have immature 
        decision-making capacity, therefore, gang activity and 
        recruitment can be reduced and deterred through increased 
        vigilance, appropriate criminal penalties, partnerships between 
        Federal and State and local law enforcement, and proactive 
        prevention and intervention efforts, particularly targeted at 
        juveniles and young adults, prior to and even during gang 
        involvement;
            (10) State and local prosecutors and law enforcement 
        officers have enlisted the help of Congress in the prevention, 
        investigation, and prosecution of gang crimes and in the 
        protection of witnesses and victims of gang crimes; and
            (11) because State and local prosecutors and law 
        enforcement have the expertise, experience, and connection to 
        the community that is needed to assist in combating gang 
        violence, consultation and coordination between Federal, State, 
        and local law enforcement and collaboration with other 
        community agencies is critical to the successful prosecutions 
        of criminal street gangs and reduction of gang problems.

 TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT VIOLENT NATIONAL, 
  INTERNATIONAL, REGIONAL, AND LOCAL GANGS THAT AFFECT INTERSTATE AND 
                            FOREIGN COMMERCE

SEC. 101. REVISION AND EXTENSION OF PENALTIES RELATED TO CRIMINAL 
              STREET GANG ACTIVITY.

    (a) In General.--Chapter 26 of title 18, United States Code, is 
amended to read as follows:

                  ``CHAPTER 26--CRIMINAL STREET GANGS

``Sec.
``521. Definitions.
``522. Criminal street gang prosecutions.
``523. Recruitment of persons to participate in a criminal street gang.
``524. Forfeiture.
``Sec. 521. Definitions
    ``In this chapter:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' means a formal or informal group, organization, or 
        association of 5 or more individuals--
                    ``(A) each of whom has committed at least 1 gang 
                crime; and
                    ``(B) who collectively commit 3 or more gang crimes 
                (not less than 1 of which is a serious violent felony, 
                and if fewer than 2 of which are serious violent 
                felonies, not less than 1 of which is a violent felony) 
                in furtherance of the group, organization, or 
                association, in separate criminal episodes (not less 
                than 1 of which occurs after the date of enactment of 
                the Gang Prevention, Intervention, and Suppression Act, 
                and the last of which occurs not later than 5 years 
                after the commission of a prior gang crime).
            ``(2) Gang crime.--The term `gang crime' means an offense 
        under Federal law punishable by imprisonment for more than 1 
        year, or a felony offense under State law that is punishable by 
        a term of imprisonment of 5 years or more in any of the 
        following categories:
                    ``(A) A crime that has as an element the use, 
                attempted use, or threatened use of physical force 
                against the person of another, or is burglary, arson, 
                kidnapping, or extortion.
                    ``(B) A crime involving obstruction of justice, or 
                tampering with or retaliating against a witness, 
                victim, or informant.
                    ``(C) A crime involving the manufacturing, 
                importing, distributing, possessing with intent to 
                distribute, or otherwise trafficking in a controlled 
                substance or listed chemical (as those terms are 
                defined in section 102 of the Controlled Substances Act 
                (21 U.S.C. 802)).
                    ``(D) Any conduct punishable under--
                            ``(i) section 844 (relating to explosive 
                        materials);
                            ``(ii) subsection (a)(1), (d), (g)(1) 
                        (where the underlying conviction is a violent 
                        felony or a serious drug offense (as those 
                        terms are defined in section 924(e)), (g)(2), 
                        (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), 
                        (g)(10), (g)(11), (i), (j), (k), (n), (o), (p), 
                        (q), (u), or (x) of section 922 (relating to 
                        unlawful acts);
                            ``(iii) subsection (b), (c), (g), (h), (k), 
                        (l), (m), or (n) of section 924 (relating to 
                        penalties);
                            ``(iv) section 930 (relating to possession 
                        of firearms and dangerous weapons in Federal 
                        facilities);
                            ``(v) section 931 (relating to purchase, 
                        ownership, or possession of body armor by 
                        violent felons);
                            ``(vi) sections 1028 and 1029 (relating to 
                        fraud, identity theft, and related activity in 
                        connection with identification documents or 
                        access devices);
                            ``(vii) section 1084 (relating to 
                        transmission of wagering information);
                            ``(viii) section 1952 (relating to 
                        interstate and foreign travel or transportation 
                        in aid of racketeering enterprises);
                            ``(ix) section 1956 (relating to the 
                        laundering of monetary instruments);
                            ``(x) section 1957 (relating to engaging in 
                        monetary transactions in property derived from 
                        specified unlawful activity); or
                            ``(xi) sections 2312 through 2315 (relating 
                        to interstate transportation of stolen motor 
                        vehicles or stolen property).
                    ``(E) Any conduct punishable under 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) of the Immigration and Nationality Act (8 
                U.S.C. 1324, 1327, and 1328).
                    ``(F) Any crime involving aggravated sexual abuse, 
                sexual assault, pimping or pandering involving 
                prostitution, sexual exploitation of children 
                (including sections 2251, 2251A, 2252 and 2260), 
                peonage, slavery, or trafficking in persons (including 
                sections 1581 through 1592) and sections 2421 through 
                2427 (relating to transport for illegal sexual 
                activity).
            ``(3) Minor.--The term `minor' means an individual who is 
        less than 18 years of age.
            ``(4) Serious violent felony.--The term `serious violent 
        felony' has the meaning given that term in section 3559.
            ``(5) 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.
            ``(6) Violent felony.--The term `violent felony' means any 
        offense that has as an element the use of physical force 
        against the person of another, or is burglary, arson, 
        kidnapping, or extortion, but is not a serious violent felony.
``Sec. 522. Criminal street gang prosecutions
    ``(a) Street Gang Crime.--It shall be unlawful for any person to 
knowingly commit, or conspire (with any act to effect the object of the 
conspiracy), threaten, or attempt to commit, a gang crime for the 
purpose of furthering the activities of a criminal street gang, or 
gaining entrance to or maintaining or increasing position in a criminal 
street gang, or as consideration for anything of pecuniary value to or 
from a criminal street gang, if the activities of that criminal street 
gang occur in or affect interstate or foreign commerce.
    ``(b) Penalties.--
            ``(1) Commission; attempts; conspiracy leaders.--Any person 
        who commits, attempts to commit, or conspires to commit (and 
        occupies a position of organizer, a supervisory position, or 
        any other position of management within the criminal street 
        gang for such conspiracy) an offense described under subsection 
        (a) that is--
                    ``(A) murder, kidnapping, or conduct that would 
                violate section 2241 if the conduct occurred in the 
                special maritime and territorial jurisdiction of the 
                United States, shall be fined under this title and 
                imprisoned for any term of years or for life;
                    ``(B) any other serious violent felony, shall be 
                fined under this title and imprisoned for not more than 
                30 years;
                    ``(C) any violent felony, shall be fined under this 
                title and imprisoned for not more than 20 years; and
                    ``(D) not described in subparagraphs (A) through 
                (C), shall be fined under this title and imprisoned for 
                not more than 10 years.
            ``(2) Other conspiracy members.--Any person who conspires 
        to commit (and who does not occupy a position of organizer, a 
        supervisory position, or any other position of management 
        within the criminal street gang for such conspiracy) an offense 
        described under subsection (a) that is--
                    ``(A) murder, shall be fined under this title and 
                imprisoned for not more than 25 years; and
                    ``(B) any other serious violent felony or violent 
                felony, shall be fined under this title and imprisoned 
                for not more than 15 years.
            ``(3) Threats.--Any person who threatens to commit an 
        offense described under subsection (a) that is--
                    ``(A) described in subparagraphs (A) through (C) of 
                paragraph (1), shall be fined under this title and 
                imprisoned for not more than 10 years; and
                    ``(B) not described in such subparagraphs, shall be 
                fined under this title and imprisoned for not more than 
                8 years.
``Sec. 523. Recruitment of persons to participate in a criminal street 
              gang
    ``(a) Prohibited Acts.--It shall be unlawful to knowingly recruit, 
employ, solicit, induce, command, coerce, or cause another person to be 
or remain as a member of a criminal street gang, or attempt or conspire 
to do so (with any act to effect the object of the conspiracy), with 
the intent to cause that person to participate in a gang crime, if the 
defendant travels in interstate or foreign commerce in the course of 
the offense, or if the activities of that criminal street gang are in 
or affect interstate or foreign commerce.
    ``(b) Penalties.--Whoever violates subsection (a) shall--
            ``(1) with respect to a person who is over 18 years of age 
        and who recruited, employed, solicited, induced, commanded, 
        coerced, or caused a minor to participate or remain in a 
        criminal street gang (or conspired to do so while occupying a 
        position of organizer, a supervisory position, or any other 
        position of management in such conspiracy)--
                    ``(A) be fined under this title, imprisoned not 
                more than 10 years, or both; and
                    ``(B) at the discretion of the sentencing judge, be 
                liable for any costs incurred by the Federal 
                Government, or by any State or local government, for 
                housing, maintaining, and treating the minor until the 
                person attains the age of 18 years;
            ``(2) with respect to a person who induces, commands, or 
        coerces the participation or remaining in a criminal street 
        gang of another person (or conspires to do so while occupying a 
        position of organizer, a supervisory position, or any other 
        position of management in such conspiracy) while incarcerated, 
        be fined under this title, imprisoned not more than 10 years, 
        or both;
            ``(3) with respect to a person who conspires to commit an 
        offense described in paragraph (1) or (2) (but who does not 
        occupy a position of organizer, a supervisory position, or any 
        other position of management in such conspiracy), be fined 
        under this title, imprisoned not more than 7 years, or both;
            ``(4) with respect to a person who violates such subsection 
        and is not described in paragraph (1), (2), or (3), (other than 
        a person described in paragraph (5)), be fined under this 
        title, imprisoned not more than 5 years, or both; and
            ``(5) with respect to a person who conspires to commit an 
        offense which violates such subsection and is not described in 
        paragraph (1), (2), or (3) (but who does not occupy a position 
        of organizer, a supervisory position, or any other position of 
        management in such conspiracy), be fined under this title, 
        imprisoned not more than 3 years, or both.
    ``(c) Consecutive Nature of Penalties.--Any term of imprisonment 
imposed under subsection (b)(2) shall be consecutive to any term 
imposed for any other offense.
``Sec. 524. Forfeiture
    ``(a) Criminal Forfeiture.--A person who is convicted of a 
violation of this chapter shall forfeit to the United States--
            ``(1) any property used, or intended to be used, in any 
        manner or part, to commit, or to facilitate the commission of, 
        the violation; and
            ``(2) any property constituting, or derived from, any 
        proceeds obtained, directly or indirectly, as a result of the 
        violation.
    ``(b) Procedures Applicable.--Pursuant to section 2461(c) of title 
28, the provisions of section 413 of the Controlled Substances Act (21 
U.S.C. 853), except subsections (a) and (d) of that section, shall 
apply to the criminal forfeiture of property under this section.''.
    (b) Amendment Relating to Priority of Forfeiture Over Orders for 
Restitution.--Section 3663(c)(4) of title 18, United States Code, is 
amended by striking ``chapter 46 or'' and inserting ``chapter 26, 
chapter 46, or''.
    (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``, section 522 (relating to 
criminal street gang prosecutions), and 523 (relating to recruitment of 
persons to participate in a criminal street gang)'' before ``, section 
541''.
    (d) 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''.

        TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE

SEC. 201. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN 
              RELATION TO A DRUG TRAFFICKING CRIME.

    (a) In General.--Part D of the Controlled Substances Act (21 U.S.C. 
841 et seq.) is amended by adding at the end the following:

``SEC. 424. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN 
              RELATION TO A DRUG TRAFFICKING CRIME.

    ``(a) In General.--Whoever, during and in relation to any drug 
trafficking crime, knowingly commits any crime of violence against any 
individual that is an offense under Federal law punishable by 
imprisonment for more than 1 year or a felony offense under State law 
that is punishable by a term of imprisonment of 5 years or more, or 
threatens, attempts or conspires to do so, shall be punished by a fine 
under title 18, United States Code, and--
            ``(1) for murder, kidnapping, or conduct that would violate 
        section 2241 if the conduct occurred in the special maritime 
        and territorial jurisdiction of the United States, by 
        imprisonment for any term of years or for life;
            ``(2) for a serious violent felony (as defined in section 
        3559 of title 18, United States Code) other than a felony 
        described in paragraph (1), by imprisonment for not more than 
        30 years;
            ``(3) for a crime of violence that is not a serious violent 
        felony, by imprisonment for not more than 20 years;
            ``(4) for conspiring to commit a crime of violence, by 
        imprisonment for not more than 10 years; and
            ``(5) for threatening to commit a crime of violence, by 
        imprisonment for not more than 8 years.
    ``(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 trafficking 
        crime may be prosecuted.
    ``(c) Definitions.--In this section--
            ``(1) the term `crime of violence' means an offense that 
        has as an element the use of physical force against the person 
        of another; 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 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 
91-513; 84 Stat. 1236) 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.''.

SEC. 202. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF 
              PERSONS CHARGED WITH FIREARMS OFFENSES.

    Section 3142(e) of title 18, United States Code, is amended in the 
matter following paragraph (3), by inserting after ``that the person 
committed'' the following: ``an offense under subsection (g)(1) (where 
the underlying conviction is a drug trafficking crime or crime of 
violence (as those terms are defined in section 924(c))), (g)(2), 
(g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (g)(10), or (g)(11) of section 
922,''.

SEC. 203. STATUTE OF LIMITATIONS FOR VIOLENT CRIMES AND TERRORISM 
              OFFENSES.

    (a) Statute of Limitations for Violent Crimes.--Chapter 213 of 
title 18, United States Code, is amended by adding at the end the 
following:
``Sec. 3299A. Violent crime offenses
    ``No person shall be prosecuted, tried, or punished for any 
noncapital felony crime of violence, including any racketeering 
activity or gang crime which involves any crime of violence, unless the 
indictment is found or the information is instituted not later than 8 
years after the date on which the alleged violation occurred or the 
continuing offense was completed.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by adding at 
the end the following:

``3299A. Violent crime offenses.''.
    (c) Statute of Limitations for Terrorism Offenses.--Section 3286(a) 
of title 18, United States Code, is amended--
            (1) in the subsection heading, by striking ``Eight-Year'' 
        and inserting ``Ten-Year''; and
            (2) in the first sentence, by striking ``8 years'' and 
        inserting ``10 years''.

SEC. 204. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.

    The Judicial Conference of the United States shall study section 
804(b) of the Federal Rules of Evidence to determine the necessity and 
desirability of amending that section, including the possible expansion 
of section 804(b)(6), and shall make modifications as the Judicial 
Conference sees fit.

SEC. 205. POSSESSION OF FIREARMS BY DANGEROUS FELONS.

    (a) In General.--Section 924(e) of title 18, United States Code, is 
amended by striking paragraph (1) and inserting the following:
    ``(1) A person who violates subsection (g) of section 922 of this 
title and has previously been convicted by any court referred to in 
section 922(g)(1) of 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 later of 
        the date of conviction and the date of release of the person 
        from imprisonment for that conviction, be imprisoned for not 
        more than 15 years, fined 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 later of the date of 
        conviction and the date of release of the person from 
        imprisonment for the most recent such conviction, be imprisoned 
        for not more than 20 years, fined under this title, or both; 
        and
            ``(C) in the case of 3 such prior convictions, committed on 
        occasions different from one another, and where a period of not 
        more than 10 years has elapsed since the later of the date of 
        conviction and the date of release of the person from 
        imprisonment for the most recent such conviction, be imprisoned 
        for any term of years or for life and fined under this title, 
        and notwithstanding 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 conviction under section 
        922(g).''.
    (b) Amendment to Sentencing Guidelines.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, the United States 
Sentencing Commission 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 that title 18, as amended by subsection (a).

SEC. 206. CONFORMING AMENDMENT.

    The matter preceding paragraph (1) in section 922(d) of title 18, 
United States Code, is amended by inserting ``, transfer,'' after 
``sell''.

SEC. 207. PROHIBITION ON ILLEGAL GUN TRANSFERS TO COMMIT DRUG 
              TRAFFICKING CRIMES OR CRIMES OF VIOLENCE.

    Section 924(h) of title 18, United States Code, is amended to read 
as follows:
    ``(h) Whoever knowingly transfers a firearm that has moved in or 
that otherwise affects interstate or foreign commerce, knowing that the 
firearm will be used to commit, or possessed in furtherance of, a crime 
of violence (as defined in subsection (c)(3)) or drug trafficking crime 
(as defined in subsection (c)(2)) shall be fined under this title and 
imprisoned not more than 20 years.''.

SEC. 208. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL PENALTIES AND GANG-
              RELATED OUTREACH.

    (a) Media Campaigns.--The Attorney General is authorized to conduct 
media campaigns in any area designated as a high intensity gang 
activity area under section 301 and any area with existing and emerging 
problems with gangs, as needed, to--
            (1) educate individuals in that area about the changes in 
        criminal penalties made by this Act; and
            (2) provide information to individuals in that area about 
        service providers in the community that provide gang-involved 
        or at-risk youth with positive alternatives to gangs and other 
        violent groups and that address the needs of those who leave 
        gangs and other violent groups and those reentering society 
        from prison (including service providers experienced at 
        reaching youth and adults who have been involved in violence 
        and violent gangs or groups).
    (b) Report.--The Attorney General shall report to the Committee on 
the Judiciary of the Senate and the Committee on the Judiciary of the 
House of Representatives the amount of expenditures and all other 
aspects of the media campaigns conducted under this section.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 2010 through 2014.

SEC. 209. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE, 
              ORAL, AND ELECTRONIC COMMUNICATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by striking ``or'' and the end of paragraph (r);
            (2) by redesignating paragraph (s) as paragraph (u); and
            (3) by inserting after paragraph (r) the following:
            ``(s) any violation of section 424 of the Controlled 
        Substances Act (relating to murder and other violent crimes in 
        furtherance of a drug trafficking crime);
            ``(t) any violation of section 522 or 523; or''.

SEC. 210. CLARIFICATION OF HOBBS ACT.

    Section 1951(b) of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting ``including the unlawful 
        impersonation of a law enforcement officer (as that term is 
        defined in section 245(c) of this title),'' after ``by means of 
        actual or threatened force,''; and
            (2) in paragraph (2), by inserting ``including the unlawful 
        impersonation of a law enforcement officer (as that term is 
        defined in section 245(c) of this title),'' after ``by wrongful 
        use of actual or threatened force,''.

SEC. 211. MAKING PERSONAL INFORMATION ABOUT CERTAIN WITNESSES AND 
              INFORMANTS PUBLICLY AVAILABLE WITH UNLAWFUL INTENT.

    (a) Offense.--Whoever knowingly makes restricted personal 
information about a covered individual, or a member of the immediate 
family of that covered individual, publicly available in or affecting 
interstate or foreign commerce--
            (1) with the intent to threaten, intimidate, or incite the 
        commission of a crime of violence against that covered 
        individual, or a member of the immediate family of that covered 
        individual; or
            (2) with the intent that the restricted personal 
        information will be used to threaten, intimidate, or facilitate 
        the commission of a crime of violence against that covered 
        individual, or a member of the immediate family of that covered 
        individual;
shall be fined under title 18, United States Code, imprisoned not more 
than 10 years, or both.
    (b) Definitions.--In this section--
            (1) the term ``restricted personal information'' means, 
        with respect to an individual, the Social Security number, the 
        home address, home phone number, mobile phone number, personal 
        email, or home fax number of that individual;
            (2) the term ``covered individual'' means a witness or 
        informant in a Federal or State criminal investigation or 
        prosecution;
            (3) the term ``crime of violence'' has the meaning given 
        that term in section 16 of title 18, United States Code; and
            (4) the term ``immediate family'' has the meaning given 
        that term in section 115(c)(2) of title 18, United States Code.

SEC. 212. AMENDMENT OF SENTENCING GUIDELINES.

    (a) In General.--Pursuant to its authority under section 994 of 
title 28, United States Code, and in accordance with this section, the 
United States Sentencing Commission shall review and, if appropriate, 
amend its guidelines and policy statements to conform with this title 
and the amendments made by this title.
    (b) Requirements.--In carrying out this section, the United States 
Sentencing Commission shall--
            (1) establish new guidelines and policy statements, as 
        warranted, in order to implement new or revised criminal 
        offenses under this title and the amendments made by this 
        title;
            (2) consider the extent to which the guidelines and policy 
        statements adequately address--
                    (A) whether the guidelines offense levels and 
                enhancements--
                            (i) are sufficient to deter and punish such 
                        offenses; and
                            (ii) are adequate in view of the statutory 
                        increases in penalties contained in this title 
                        and the amendments made by this title; and
                    (B) whether any existing or new specific offense 
                characteristics should be added to reflect 
                congressional intent to increase penalties for the 
                offenses set forth in this title and the amendments 
                made by this title;
            (3) consider whether specific offense characteristics 
        should be added to increase the guideline range--
                    (A) by additional offense levels, if a criminal 
                defendant committing a gang crime or gang recruiting 
                offense was an alien who was present in the United 
                States in violation of section 275 or 276 of the 
                Immigration and Nationality Act (8 U.S.C. 1325 and 
                1326) at the time the offense was committed; and
                    (B) by further additional offense levels, if such 
                defendant had also previously been ordered removed or 
                deported under the Immigration and Nationality Act (8 
                U.S.C. 1101 et seq.) on the grounds of having committed 
                a crime;
            (4) determine under what circumstances a sentence of 
        imprisonment imposed under this title or the amendments made by 
        this title shall run consecutively to any other sentence of 
        imprisonment imposed for any other crime, except that the 
        Commission shall ensure that a sentence of imprisonment imposed 
        under section 424 of the Controlled Substances Act (21 U.S.C. 
        841 et seq.), as added by this Act, shall run consecutively, to 
        an extent that the Sentencing Commission determines 
        appropriate, to the sentence imposed for the underlying drug 
        trafficking offense;
            (5) account for any aggravating or mitigating circumstances 
        that might justify exceptions to the generally applicable 
        sentencing ranges;
            (6) ensure reasonable consistency with other relevant 
        directives, other sentencing guidelines, and statutes;
            (7) make any necessary and conforming changes to the 
        sentencing guidelines and policy statements; and
            (8) ensure that the guidelines adequately meet the purposes 
        of sentencing set forth in section 3553(a)(2) of title 18, 
        United States Code.

 TITLE III--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT SERIOUSLY 
 AT-RISK YOUTH FROM JOINING ILLEGAL STREET GANGS AND FOR OTHER PURPOSES

SEC. 301. DESIGNATION OF AND ASSISTANCE FOR HIGH INTENSITY GANG 
              ACTIVITY AREAS.

    (a) Definitions.--In this section:
            (1) Governor.--The term ``Governor'' means a Governor of a 
        State, the Mayor of the District of Columbia, the tribal leader 
        of an Indian tribe, or the chief executive of a Commonwealth, 
        territory, or possession of the United States.
            (2) High intensity gang activity area.--The term ``high 
        intensity gang activity area'' or ``HIGAA'' means an area 
        within 1 or more States or Indian country that is designated as 
        a high intensity gang activity area under subsection (b)(1).
            (3) Indian country.--The term ``Indian country'' has the 
        meaning given the term in section 1151 of title 18, United 
        States Code.
            (4) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (5) 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.
            (6) Tribal leader.--The term ``tribal leader'' means the 
        chief executive officer representing the governing body of an 
        Indian tribe.
    (b) High Intensity Gang Activity Areas.--
            (1) Designation.--The Attorney General, after consultation 
        with the Governors of appropriate States, may designate as high 
        intensity gang activity areas, specific areas that are located 
        within 1 or more States, which may consist of 1 or more 
        municipalities, counties, or other jurisdictions as 
        appropriate.
            (2) Assistance.--In order to provide Federal assistance to 
        high intensity gang activity areas, the Attorney General 
        shall--
                    (A) establish local collaborative working groups, 
                which shall include--
                            (i) criminal street gang enforcement teams, 
                        consisting of Federal, State, tribal, and local 
                        law enforcement authorities, for the 
                        coordinated investigation, disruption, 
                        apprehension, and prosecution of criminal 
                        street gangs and offenders in each high 
                        intensity gang activity area;
                            (ii) educational, community, and faith 
                        leaders in the area;
                            (iii) service providers in the community, 
                        including those experienced at reaching youth 
                        and adults who have been involved in violence 
                        and violent gangs or groups, to provide gang-
                        involved or seriously at-risk youth with 
                        positive alternatives to gangs and other 
                        violent groups and to address the needs of 
                        those who leave gangs and other violent groups, 
                        and those reentering society from prison; and
                            (iv) evaluation teams to research and 
                        collect information, assess data, recommend 
                        adjustments, and generally assure the 
                        accountability and effectiveness of program 
                        implementation;
                    (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;
                    (C) direct the reassignment or detailing of 
                representatives from--
                            (i) the Department of Justice;
                            (ii) the Department of Education;
                            (iii) the Department of Labor;
                            (iv) the Department of Health and Human 
                        Services;
                            (v) the Department of Housing and Urban 
                        Development; and
                            (vi) any other 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) to each high intensity 
                gang activity area to identify and coordinate efforts 
                to access Federal programs and resources available to 
                provide gang prevention, intervention, and reentry 
                assistance;
                    (D) prioritize and administer the Federal program 
                and resource requests made by the local collaborative 
                working group established under subparagraph (A) for 
                each high intensity gang activity area;
                    (E) provide all necessary funding for the operation 
                of each local collaborative working group in each high 
                intensity gang activity area; and
                    (F) provide all necessary funding for national and 
                regional meetings of local collaborative working 
                groups, criminal street gang enforcement teams, and 
                educational, community, social service, faith-based, 
                and all other related organizations, as needed, to 
                ensure effective operation of such teams through the 
                sharing of intelligence and best practices and for any 
                other related purpose.
            (3) Composition of criminal street gang enforcement team.--
        Each team established under paragraph (2)(A)(i) shall consist 
        of agents and officers, where feasible, from--
                    (A) the Federal Bureau of Investigation;
                    (B) the Drug Enforcement Administration;
                    (C) the Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives;
                    (D) the United States Marshals Service;
                    (E) the Department of Homeland Security;
                    (F) the Department of Housing and Urban 
                Development;
                    (G) State, local, and, where appropriate, tribal 
                law enforcement;
                    (H) Federal, State, and local prosecutors; and
                    (I) the Bureau of Indian Affairs, Office of Law 
                Enforcement Services, where appropriate.
            (4) Criteria for designation.--In considering an area for 
        designation as a high intensity 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 qualitative and 
                quantitative data indicate that violent crime in the 
                area is related to criminal street gang activity, such 
                as murder, robbery, assaults, carjacking, arson, 
                kidnapping, extortion, drug trafficking, and other 
                criminal activity;
                    (C) the extent to which State, local, and, where 
                appropriate, tribal law enforcement agencies, schools, 
                community groups, social service agencies, job 
                agencies, faith-based organizations, and other 
                organizations 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;
                    (E) whether the area--
                            (i) has a comprehensive strategy to respond 
                        to local gang-related issues (including 
                        prevention and intervention);
                            (ii) coordinates Federal actions and 
                        resources to support local implementation of 
                        such comprehensive strategy; and
                            (iii) maximizes the resources available 
                        from the various levels of government for 
                        responding to gang-related issues; and
                    (F) any other criteria that the Attorney General 
                considers to be appropriate.
            (5) Relation to hidtas.--If the Attorney General 
        establishes a high intensity gang activity area that 
        substantially overlaps geographically with any existing high 
        intensity drug trafficking area (in this section referred to as 
        a ``HIDTA''), the Attorney General shall direct the local 
        collaborative working group for that high intensity gang 
        activity area to enter into an agreement with the Executive 
        Board for that HIDTA, providing that--
                    (A) the Executive Board of that HIDTA shall 
                establish a separate high intensity gang activity area 
                law enforcement steering committee, and select (with a 
                preference for Federal, State, and local law 
                enforcement agencies that are within the geographic 
                area of that high intensity gang activity area) the 
                members of that committee, subject to the concurrence 
                of the Attorney General;
                    (B) the high intensity gang activity area law 
                enforcement steering committee established under 
                subparagraph (A) shall administer the funds provided 
                under subsection (g)(1) for the criminal street gang 
                enforcement team, after consulting with, and consistent 
                with the goals and strategies established by, that 
                local collaborative working group;
                    (C) the high intensity gang activity area law 
                enforcement steering committee established under 
                subparagraph (A) shall select, from Federal, State, and 
                local law enforcement agencies within the geographic 
                area of that high intensity gang activity area, the 
                members of the Criminal Street Gang Enforcement Team, 
                in accordance with paragraph (3); and
                    (D) the Criminal Street Gang Enforcement Team of 
                that high intensity gang activity area, and its law 
                enforcement steering committee, may, with approval of 
                the Executive Board of the HIDTA with which it 
                substantially overlaps, utilize the intelligence-
                sharing, administrative, and other resources of that 
                HIDTA.
    (c) Reporting Requirements.--
            (1) In general.--Not later than December 1 of each year, 
        the Attorney General shall submit a report to the appropriate 
        committees of Congress and the Director of the Office of 
        Management and Budget and the Domestic Policy Council that 
        describes, for each designated high intensity 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 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 committed by 
                gangs and gang members;
                    (E) the definition of the term ``gang'' used to 
                compile that report; and
                    (F) the programmatic outcomes and funding needs of 
                the high intensity gang area, including--
                            (i) an evidence-based analysis of the best 
                        practices and outcomes from the work of the 
                        relevant local collaborative working group; and
                            (ii) an analysis of whether Federal 
                        resources distributed meet the needs of the 
                        high intensity gang activity area and, if any 
                        programmatic funding shortfalls exist, 
                        recommendations for programs or funding to meet 
                        such shortfalls.
            (2) Appropriate committees.--In this subsection, the term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on the Judiciary, the Committee 
                on Appropriations, and the Committee on Health, 
                Education, Labor, and Pensions of the Senate; and
                    (B) the Committee on the Judiciary, the Committee 
                on Appropriations, the Committee on Education and 
                Labor, and the Committee on Energy and Commerce of the 
                House of Representatives.
    (d) Additional Assistant United States Attorneys.--The Attorney 
General is authorized to hire 94 additional Assistant United States 
attorneys, and nonattorney coordinators and paralegals as necessary, to 
carry out the provisions of this section.
    (e) Additional Defense Counsel.--In each of the fiscal years 2010 
through 2014, the Director of the Administrative Office of the United 
States Courts is authorized to hire 71 additional attorneys, 
nonattorney coordinators, and investigators, as necessary, in Federal 
Defender Programs and Federal Community Defender Organizations, and to 
make additional payments as necessary to retain appointed counsel under 
section 3006A of title 18, United States Code, to adequately respond to 
any increased or expanded caseloads that may occur as a result of this 
Act or the amendments made by this Act. Funding under this subsection 
shall not exceed the funding levels under subsection (d).
    (f) National Gang Research, Evaluation, and Policy Institute.--
            (1) In general.--The Office of Justice Programs of the 
        Department of Justice, after consulting with relevant law 
        enforcement officials, practitioners and researchers, shall 
        establish a National Gang Research, Evaluation, and Policy 
        Institute (in this subsection referred to as the 
        ``Institute'').
            (2) Activities.--The Institute shall--
                    (A) promote and facilitate the implementation of 
                data-driven, effective gang violence suppression, 
                prevention, intervention, and reentry models, such as 
                the Operation Ceasefire model, the Strategic Public 
                Health Approach, the Gang Reduction Program, or any 
                other promising municipally driven, comprehensive 
                community-wide strategy that is demonstrated to be 
                effective in reducing gang violence;
                    (B) assist jurisdictions by conducting timely 
                research on effective models and designing and 
                promoting implementation of effective local strategies, 
                including programs that have objectives and data on how 
                they reduce gang violence (including shootings and 
                killings), using prevention, outreach, and community 
                approaches, and that demonstrate the efficacy of these 
                approaches; and
                    (C) provide and contract for technical assistance 
                as needed in support of its mission.
            (3) National conference.--Not later than 90 days after the 
        date of its formation, the Institute shall design and conduct a 
        national conference to reduce and prevent gang violence, and to 
        teach and promote gang violence prevention, intervention, and 
        reentry strategies. The conference shall be attended by 
        appropriate representatives from criminal street gang 
        enforcement teams, and local collaborative working groups, 
        including representatives of educational, community, religious, 
        and social service organizations, and gang program and policy 
        research evaluators.
            (4) National demonstration sites.--Not later than 120 days 
        after the date of its formation, the Institute shall select 
        appropriate HIGAA areas to serve as primary national 
        demonstration sites, based on the nature, concentration, and 
        distribution of various gang types, the jurisdiction's 
        established capacity to integrate prevention, intervention, 
        reentry and enforcement efforts, and the range of particular 
        gang-related issues. After establishing primary national 
        demonstration sites, the Institute shall establish such other 
        secondary sites, to be linked to and receive evaluation, 
        research, and technical assistance through the primary sites, 
        as it may determine appropriate.
            (5) Dissemination of information.--Not later than 180 days 
        after the date of its formation, the Institute shall develop 
        and begin dissemination of information about methods to 
        effectively reduce and prevent gang violence, including guides, 
        research and assessment models, case studies, evaluations, and 
        best practices. The Institute shall also create a website, 
        designed to support the implementation of successful gang 
        violence prevention models, and disseminate appropriate 
        information to assist jurisdictions in reducing gang violence.
            (6) Gang intervention academies.--Not later than 6 months 
        after the date of its formation, the Institute shall, either 
        directly or through contracts with qualified nonprofit 
        organizations, establish not less than 1 training academy, 
        located in a high intensity gang activity area, to promote 
        effective gang intervention and community policing. The 
        purposes of an academy established under this paragraph shall 
        be to increase professionalism of gang intervention workers, 
        improve officer training for working with gang intervention 
        workers, create best practices for independent cooperation 
        between officers and intervention workers, and develop training 
        for community policing.
            (7) Support.--The Institute shall obtain initial and 
        continuing support from experienced researchers and 
        practitioners, as it determines necessary, to test and assist 
        in implementing its strategies nationally, regionally, and 
        locally.
            (8) Research agenda.--The Institute shall establish and 
        implement a core research agenda designed to address areas of 
        particular challenge, including--
                    (A) how best to apply and continue to test the 
                models described in paragraph (2) in particularly large 
                jurisdictions;
                    (B) how to foster and maximize the continuing 
                impact of community moral voices in this context;
                    (C) how to ensure the long-term sustainability of 
                reduced violent crime levels once initial levels of 
                enthusiasm may subside; and
                    (D) how to apply existing intervention frameworks 
                to emerging local, regional, national, or international 
                gang problems, such as the emergence of the gang known 
                as MS-13.
            (9) Evaluation.--The National Institute of Justice shall 
        evaluate, on a continuing basis, comprehensive gang violence 
        prevention, intervention, suppression, and reentry strategies 
        supported by the Institute, and shall report the results of 
        these evaluations by no later than October 1 each year to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives.
            (10) Funds.--The Attorney General shall use not less than 3 
        percent, and not more than 5 percent, of the amounts made 
        available under this section to establish and operate the 
        Institute.
    (g) Use of Funds.--Of amounts made available to a local 
collaborative working group under this section for each fiscal year 
that are remaining after the costs of hiring a full time coordinator 
for the local collaborative effort, funds shall be used as follows:
            (1) Gang enforcement and research funding.--Fifty percent 
        of the funds shall be used--
                    (A) for the operation of criminal street gang 
                enforcement teams;
                    (B) for the establishment and operation of the 
                National Gang Research, Evaluation, and Policy 
                Institute; and
                    (C) to support and provide technical assistance to 
                research in criminal justice, social services, and 
                community gang violence prevention collaborations.
            (2) Gang prevention funding.--Fifty percent of the funds 
        shall be used to provide at-risk youth with positive 
        alternatives to gangs and other violent groups and to address 
        the needs of those who leave gangs and other violent groups 
        through--
                    (A) service providers in the community, including 
                schools, school districts, and county offices of 
                education that are engaged in activities that offer 
                support and assistance to local educational agencies; 
                and
                    (B) faith leaders and other individuals experienced 
                at reaching youth who have been involved in violence 
                and violent gangs or groups.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2010 through 2014. Any funds made available under this subsection 
shall remain available until expended.

SEC. 302. GANG PREVENTION GRANTS.

    (a) Authority To Make Grants.--
            (1) Grants authorized.--The Office of Justice Programs of 
        the Department of Justice may 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.
            (2) Selection priority.--In selecting entities to receive 
        grants under this section, the Office of Justice Programs shall 
        give priority to entities that--
                    (A) have a comprehensive strategy to carry out 
                community-based programs described in paragraph (1) to 
                respond to local gang-related issues (including 
                prevention and intervention), or, with respect to 
                States or qualified private entities that are not able 
                to carry out such a strategy in a local community, 
                coordinate with a local entity in such community to 
                carry out the comprehensive strategy of such local 
                entity;
                    (B) coordinate Federal actions and resources to 
                support local implementation of such comprehensive 
                strategies; and
                    (C) maximize the resources available from the 
                various levels of government for such community-based 
                programs.
    (b) Use of Grant Amounts.--A grant under this section may be used 
(including through subgrants) for--
            (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;
            (6) developing and identifying investigative programs 
        designed to deter gang recruitment, involvement, and activities 
        through effective intelligence gathering;
            (7) developing programs and youth centers for first-time 
        nonviolent offenders facing alternative penalties, such as 
        mandated participation in community service, restitution, 
        counseling, and education and prevention programs;
            (8) implementing regional, multidisciplinary approaches to 
        combat gang violence though coordinated programs for prevention 
        and intervention (including street outreach programs and other 
        peacemaking activities) or coordinated law enforcement 
        activities that enhance reintegration strategies for offender 
        reentry; or
            (9) identifying at-risk and high-risk students through home 
        visits organized through joint collaborations between law 
        enforcement, faith-based organizations, schools, and social 
        workers.
    (c) Grant Requirements.--
            (1) Maximum.--The amount of a grant under this section may 
        not exceed $1,000,000.
            (2) Consultation and cooperation.--Each recipient of a 
        grant under this section shall have in effect on the date of 
        the application by that entity agreements to consult and 
        cooperate with local, State, or Federal law enforcement and 
        participate, as appropriate, in coordinated efforts to reduce 
        gang activity and violence.
    (d) Annual Reports.--
            (1) Recipients.--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--
                    (A) a summary of the activities carried out with 
                grant funds during that year;
                    (B) an assessment of the effectiveness of the crime 
                prevention, research, and intervention activities of 
                the recipient, based on data collected by the grant 
                recipient;
                    (C) a strategic plan for the year following the 
                year described in paragraph (1);
                    (D) evidence of consultation and cooperation with 
                local, State, or Federal law enforcement or, if the 
                grant recipient is a government entity, evidence of 
                consultation with an organization engaged in any 
                activity described in subsection (b); and
                    (E) such other information as the Attorney General 
                may require.
            (2) Attorney general.--Not later than one year after the 
        date of the enactment of this Act, and annually thereafter, the 
        Attorney General shall submit to Congress a report, based on 
        the reports submitted under paragraph (1), identifying the best 
        practices of grant recipients under this section for responding 
        to gang-related issues, and important research relating to such 
        best practices and issues. The Attorney General shall make such 
        report publicly available.
    (e) Definition.--In this section, the term ``units of local 
government'' includes sheriffs departments, police departments, and 
local prosecutor offices.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section $50,000,000 for each of the 
fiscal years 2010 through 2014.

SEC. 303. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO 
              IMPROVE ENFORCEMENT 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 Attorney General is authorized to 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; and
            (2) coordinate the identification, investigation, and 
        prosecution of criminal street gangs among Federal, State, and 
        local law enforcement agencies.
    (b) Additional Staff for Project Safe Neighborhoods.--
            (1) In general.--The Attorney General may hire Assistant 
        United States attorneys, non-attorney coordinators, or 
        paralegals to carry out the provisions of this section.
            (2) Enforcement.--The Attorney General may hire Bureau of 
        Alcohol, Tobacco, Firearms, and Explosives agents for, and 
        otherwise expend additional resources in support of, the 
        Project Safe Neighborhoods/Firearms Violence Reduction program.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $20,000,000 for each of the fiscal years 2010 through 2014 
to carry out this section. Any funds made available under this 
paragraph shall remain available until expended.

SEC. 304. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF 
              INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT 
              CRIMINAL STREET GANGS.

    (a) Expansion of Safe Streets Program.--The Attorney General is 
authorized to expand the Safe Streets Program of the Federal Bureau of 
Investigation for the purpose of supporting criminal street gang 
enforcement teams.
    (b) National Gang Activity Database.--
            (1) In general.--The Attorney General shall establish a 
        National Gang Activity Database to be housed at and 
        administered by the Department of Justice.
            (2) Description.--The database required by paragraph (1) 
        shall--
                    (A) be designed to disseminate gang information to 
                law enforcement agencies throughout the country and, 
                subject to appropriate controls, to disseminate 
                aggregate statistical information to other members of 
                the criminal justice system, community leaders, 
                academics, and the public;
                    (B) contain critical information on gangs, gang 
                members, firearms, criminal activities, vehicles, and 
                other information useful for investigators in solving 
                and reducing gang-related crimes;
                    (C) operate in a manner that enables law 
                enforcement agencies to--
                            (i) identify gang members involved in 
                        crimes;
                            (ii) track the movement of gangs and 
                        members throughout the region;
                            (iii) coordinate law enforcement response 
                        to gang violence;
                            (iv) enhance officer safety;
                            (v) provide realistic, up-to-date figures 
                        and statistical data on gang crime and 
                        violence;
                            (vi) forecast trends and respond 
                        accordingly; and
                            (vii) more easily solve crimes and prevent 
                        violence; and
                    (D) be subject to guidelines, issued by the 
                Attorney General, specifying the criteria for adding 
                information to the database, the appropriate period for 
                retention of such information, and a process for 
                removing individuals from the database, and prohibiting 
                disseminating gang information to any entity that is 
                not a law enforcement agency, except aggregate 
                statistical information where appropriate.
            (3) Use of riss secure intranet.--From amounts made 
        available to carry out this section, the Attorney General shall 
        provide the Regional Information Sharing Systems such sums as 
        are necessary to use the secure intranet known as RISSNET to 
        electronically connect existing gang information systems 
        (including the RISSGang National Gang Database) with the 
        National Gang Activity Database, thereby facilitating the 
        automated information exchange of existing gang data by all 
        connected systems without the need for additional databases or 
        data replication.
    (c) Authorization of Appropriations.--
            (1) In general.--In addition to amounts otherwise 
        authorized, there are authorized to be appropriated to the 
        Attorney General $10,000,000 for each of the fiscal years 2010 
        through 2014 to carry out this section.
            (2) Availability.--Any amounts appropriated under paragraph 
        (1) shall remain available until expended.

SEC. 305. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT TO COMBAT VIOLENT 
              CRIME.

    (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; and
            ``(6) to fund technology, equipment, and training 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.''.
    (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.

    ``There are authorized to be appropriated $20,000,000 for each of 
the fiscal years 2010 through 2014 to carry out this subtitle.''.

SEC. 306. TRAINING AT THE NATIONAL ADVOCACY CENTER.

    (a) In General.--The National District Attorneys Association may 
use the services of the National Advocacy Center in Columbia, South 
Carolina, to conduct a national training program for State and local 
prosecutors for the purpose of improving the professional skills of 
State and local prosecutors and enhancing the ability of Federal, 
State, and local prosecutors to work together.
    (b) Training.--The National Advocacy Center in Columbia, South 
Carolina, may provide comprehensive continuing legal education in the 
areas of trial practice, substantive legal updates, and support staff 
training.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General to carry out this section 
$6,500,000, to remain available until expended, for fiscal years 2010 
through 2013.

SEC. 307. SHORT-TERM STATE WITNESS PROTECTION SECTION.

    (a) Establishment.--
            (1) In general.--Chapter 37 of title 28, United States 
        Code, is amended by adding at the end the following:
``Sec. 570. Short-Term State Witness Protection Section
    ``(a) In General.--There is established in the United States 
Marshals Service a Short-Term State Witness Protection Section which 
shall provide protection for witnesses in State and local trials 
involving homicide or other major violent crimes pursuant to 
cooperative agreements with State and local criminal prosecutor's 
offices and the United States attorney for the District of Columbia.
    ``(b) Eligibility.--
            ``(1) In general.--The Short-Term State Witness Protection 
        Section shall give priority in awarding grants and providing 
        services to--
                    ``(A) criminal prosecutor's offices for States with 
                an average of not less than 100 murders per year; and
                    ``(B) criminal prosecutor's offices for 
                jurisdictions that include a city, town, or township 
                with an average violent crime rate per 100,000 
                inhabitants that is above the national average.
            ``(2) Calculation.--The rate of murders and violent crime 
        under paragraph (1) shall be calculated using the latest 
        available crime statistics from the Federal Bureau of 
        Investigation during the 5-year period immediately preceding an 
        application for protection.''.
            (2) Chapter analysis.--The chapter analysis for chapter 37 
        of title 28, United States Code, is amended by striking the 
        items relating to sections 570 through 576 and inserting the 
        following:

``570. Short-Term State Witness Protection Section.''.
    (b) Grant Program.--
            (1) Definitions.--In this subsection--
                    (A) the term ``eligible prosecutor's office'' means 
                a State or local criminal prosecutor's office or the 
                United States attorney for the District of Columbia; 
                and
                    (B) the term ``serious violent felony'' has the 
                same meaning as in section 3559(c)(2) of title 18, 
                United States Code.
            (2) Grants authorized.--
                    (A) In general.--The Attorney General is authorized 
                to make grants to eligible prosecutor's offices for 
                purposes of identifying witnesses in need of protection 
                or providing short term protection to witnesses in 
                trials involving homicide or serious violent felony.
                    (B) Allocation.--Each eligible prosecutor's office 
                receiving a grant under this subsection may--
                            (i) use the grant to identify witnesses in 
                        need of protection or provide witness 
                        protection (including tattoo removal services); 
                        or
                            (ii) pursuant to a cooperative agreement 
                        with the Short-Term State Witness Protection 
                        Section of the United States Marshals Service, 
                        credit the grant to the Short-Term State 
                        Witness Protection Section to cover the costs 
                        to the section of providing witness protection 
                        on behalf of the eligible prosecutor's office.
            (3) Application.--
                    (A) In general.--Each eligible prosecutor's office 
                desiring a grant under this subsection 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.
                    (B) Contents.--Each application submitted under 
                subparagraph (A) shall--
                            (i) describe the activities for which 
                        assistance under this subsection is sought; and
                            (ii) provide such additional assurances as 
                        the Attorney General determines to be essential 
                        to ensure compliance with the requirements of 
                        this subsection.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $90,000,000 for each of fiscal 
years 2010 through 2012.

SEC. 308. WITNESS PROTECTION SERVICES.

    Section 3526 of title 18, United States Code (Cooperation of other 
Federal agencies and State governments; reimbursement of expenses), is 
amended by adding at the end the following:
    ``(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 criminal street gang, as defined under the laws 
of the relevant State seeking assistance under this title.''.

SEC. 309. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION 
              PROGRAM.

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

SEC. 310. FAMILY ABDUCTION PREVENTION GRANT PROGRAM.

    (a) State Grants.--The Attorney General is authorized to make 
grants to States for projects involving--
            (1) the extradition of individuals suspected of committing 
        a family abduction;
            (2) the investigation by State and local law enforcement 
        agencies of family abduction cases;
            (3) the training of State and local law enforcement 
        agencies in responding to family abductions and recovering 
        abducted children, including the development of written 
        guidelines and technical assistance;
            (4) outreach and media campaigns to educate parents on the 
        dangers of family abductions; and
            (5) the flagging of school records.
    (b) Matching Requirement.--Not less than 50 percent of the cost of 
a project for which a grant is made under this section shall be 
provided by non-Federal sources.
    (c) Definitions.--In this section:
            (1) Family abduction.---The term ``family abduction'' means 
        the taking, keeping, or concealing of a child or children by a 
        parent, other family member, or person acting on behalf of the 
        parent or family member, that prevents another individual from 
        exercising lawful custody or visitation rights.
            (2) Flagging.--The term ``flagging'' means the process of 
        notifying law enforcement authorities of the name and address 
        of any person requesting the school records of an abducted 
        child.
            (3) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Commonwealth of the Northern Mariana Islands, 
        American Samoa, Guam, the Virgin Islands, any territory or 
        possession of the United States, and any Indian tribe.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $500,000 for fiscal year 2010 
and such sums as may be necessary for each of fiscal years 2011 and 
2012.

SEC. 311. STUDY ON ADOLESCENT DEVELOPMENT AND SENTENCES IN THE FEDERAL 
              SYSTEM.

    (a) In General.--The United States Sentencing Commission shall 
conduct a study to examine the appropriateness of sentences for minors 
in the Federal system.
    (b) Contents.--The study conducted under subsection (a) shall--
            (1) incorporate the most recent research and expertise in 
        the field of adolescent brain development and culpability;
            (2) evaluate the toll of juvenile crime, particularly 
        violent juvenile crime, on communities;
            (3) consider the appropriateness of life sentences without 
        possibility for parole for minor offenders in the Federal 
        system; and
            (4) evaluate issues of recidivism by juveniles who are 
        released from prison or detention after serving determinate 
        sentences.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the United States Sentencing Commission shall submit to 
Congress a report regarding the study conducted under subsection (a), 
which shall--
            (1) include the findings of the Commission;
            (2) describe significant cases reviewed as part of the 
        study; and
            (3) make recommendations, if any.
    (d) Revision of Guidelines.--If determined appropriate by the 
United States Sentencing Commission, after completing the study under 
subsection (a) the Commission may, pursuant to its authority under 
section 994 of title 28, United States Code, establish or revise 
guidelines and policy statements, as warranted, relating to the 
sentencing of minors under this Act or the amendments made by this Act.

      TITLE IV--RESOURCES TO STRENGTHEN EMPLOYMENT AND EDUCATION 
                   OPPORTUNITIES FOR FORMER OFFENDERS

SEC. 401. GRANTS TO ASSIST JUVENILE OFFENDER REINTEGRATION PROJECTS.

    (a) Authority To Make Grants for Juvenile Offender Reintegration 
Projects.--From amounts made available to carry out this section, the 
Secretary of Labor, in consultation with the Attorney General, shall 
make grants to carry out juvenile offender reintegration projects that 
are designed to provide services to eligible juvenile offenders that 
will reduce recidivism, increase educational attainment, and enhance 
long-term employability of such offenders. Such grants may be awarded 
to nonprofit organizations, workforce investment boards established 
under title I of the Workforce Investment Act of 1998, States, and 
units of local government.
    (b) Definitions.--For the purposes of this section:
            (1) Eligible juvenile offenders.--The term ``eligible 
        juvenile offenders'' means individuals who--
                    (A) are 14 to 21 years of age; and
                    (B) have been involved in the criminal justice 
                system for a gang-related offense during the one-year 
                period immediately preceding the date on which a 
                determination of eligibility is made.
            (2) Involved in the criminal justice system.--The term 
        ``involved in the criminal justice system'' means, with respect 
        to an individual, that the individual is being held in a 
        juvenile or adult correctional facility or detention center, 
        has been released from a juvenile or adult correctional 
        facility or detention center, has been sentenced in court to 
        probation or an alternative sentence, or has been referred by 
        court personnel to an alternative program.
    (c) Use of Funds.--
            (1) In general.--Funds for juvenile offender reintegration 
        projects under this section may be expended for--
                    (A) providing tutoring, dropout prevention 
                activities, academic credit retrieval activities, basic 
                skills instruction and remedial education, and language 
                instruction for individuals with limited English 
                proficiency, in order to assist eligible juvenile 
                offenders in obtaining a high school diploma or GED or 
                to participate in postsecondary education;
                    (B) providing career exploration and education 
                activities, pre-apprenticeship activities, activities 
                relating to the attainment of industry-recognized 
                credentials, and activities to increase placement in 
                registered apprenticeship programs for eligible 
                juvenile offenders;
                    (C) mentoring eligible juvenile offenders, 
                including the provision of support, guidance, and 
                assistance to address the challenges faced by such 
                juvenile offenders in reintegrating into the community;
                    (D) providing job training and job placement 
                services to eligible juvenile offenders, including work 
                readiness activities, job referrals, educational 
                services, occupational skills training, on-the-job 
                training, and paid and unpaid work experience 
                (including internships and job shadowing activities);
                    (E) providing outreach, orientation, intake, 
                assessments, counseling, case management, personal 
                development activities, and other transitional services 
                to eligible juvenile offenders; and
                    (F) providing follow-up services to eligible 
                juvenile offenders that will assist in advancement in 
                education and employment.
            (2) Limitation on use of funds.--Not more than 15 percent 
        of the funds awarded to a grantee under this section may be 
        used for administrative costs necessary to carry out a project 
        under this section.
    (d) Application.--To be considered to receive a grant under this 
section to carry out a juvenile offender reintegration project, a 
nonprofit organization, workforce investment board established under 
title I of the Workforce Investment Act of 1998, State, or unit of 
local government, or a combination thereof, shall submit an application 
to the Secretary of Labor at such time, in such manner and accompanied 
by such information as the Secretary of Labor may require. Such 
application shall include--
            (1) a plan describing the design of the project to assist 
        eligible juvenile offenders, including services to be provided 
        to such offenders;
            (2) a description of any partnerships between the applicant 
        and Federal, State, or local criminal justice agencies, 
        workforce investment boards, schools and institutions of higher 
        education, businesses, and service providers in the community, 
        including those experienced in--
                    (A) reaching youth and adults who have been 
                involved in violence and violent gangs or groups;
                    (B) providing gang-involved or seriously at-risk 
                youth with positive alternatives to gangs and other 
                violent groups; and
                    (C) addressing the needs of individuals who leave 
                gangs and other violent groups, and individuals 
                reentering society from prison; and
            (3) an assurance that the applicant will provide not less 
        than 25 percent of the cost of the project to assist eligible 
        juvenile offenders from non-Federal sources.
    (e) Performance Outcomes.--
            (1) Core indicators.--Each grantee receiving funds to carry 
        out a project under this section shall report to the Secretary 
        of Labor on the results obtained by the eligible juvenile 
        offenders served by the activities under the grant with respect 
        to the following indicators of performance:
                    (A) Rates of recidivism.
                    (B) Placement in employment or postsecondary 
                education for eligible juvenile offenders age 18 or 
                older.
                    (C) Attainment of a degree or certificate 
                (including a high school diploma, the recognized 
                equivalent of such a diploma, or a certificate of 
                graduation from trade school).
                    (D) Literacy and numeracy gains.
            (2) Additional indicators.--In addition to the indicators 
        described in paragraph (1), the Secretary may require grantees 
        carrying out projects under this section to report on 
        additional indicators of performance.
    (f) Reports.--Each grantee receiving funds to carry out a project 
under this section shall maintain such records and submit such reports, 
in such form and containing such information, as the Secretary of Labor 
may require regarding the activities carried out and the performance of 
such projects.
    (g) Technical Assistance.--The Secretary may reserve not more than 
4 percent of the funds appropriated under this section to provide 
technical assistance and for management information systems to assist 
grantees under this section.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Labor to carry out this section 
$20,000,000 for each of the fiscal years 2010 through 2014.

SEC. 402. EMPLOYMENT AND EDUCATION GRANTS TO ASSIST IN REDUCING 
              RECIDIVISM.

    (a) Grants for Employment Services for Young Adult Gang Members.--
From the amounts made available to carry out this subsection, the 
Secretary of Labor, in consultation with the Attorney General, shall 
make grants to nonprofit organizations to carry out employment programs 
for young adult gang members that are designed to reduce recidivism and 
enhance long-term employability.
    (b) Use of Funds.--
            (1) Apprenticeship and pre-apprenticeship programs.--Funds 
        awarded under this subsection shall be used to provide 
        education and training services to young adult gang members as 
        part of, or to supplement, registered apprenticeship programs 
        in the construction or other industries or pre-apprenticeship 
        programs that are certified by a registered apprenticeship 
        program in the construction or other industries.
            (2) Other activities.--In addition to the activities 
        described in paragraph (1), funds awarded under this subsection 
        may be used to provide outreach, orientation, intake, 
        assessments, counseling, case management, personal business 
        development and entrepreneurial activities, supportive 
        services, and follow-up services to young adult gang members.
    (c) Application.--To be considered to receive a grant under 
subsection (a), a nonprofit organization shall submit an application to 
the Secretary of Labor at such time, in such manner and accompanied by 
such information as the Secretary of Labor may require. At a minimum, 
the application shall include--
            (1) a description of the need for projects relating to gang 
        members in the geographic area to be served by the grant;
            (2) a plan describing the design of the project, including 
        services to be provided; and
            (3) a description of partnerships that will support the 
        project.
    (d) Performance Outcomes.--
            (1) Core indicators.--
                    (A) Young adult gang members.--Each grantee 
                receiving funds to carry out a project under subsection 
                (a) shall report to the Secretary of Labor on the 
                results obtained by young adult gang members served 
                under the grant with respect to the following 
                indicators of performance:
                            (i) Rates of recidivism.
                            (ii) Placement in employment.
                            (iii) Retention in employment.
                            (iv) Earnings.
            (2) Additional indicators.--In addition to the indicators 
        described in paragraph (1), the Secretary of Labor may require 
        grantees carrying out projects under subsection (a) to report 
        on additional indicators of performance.
    (e) Reports.--Each grantee receiving funds to carry out a project 
under subsection (a) shall maintain such records and submit such 
reports, in such form and containing such information, as the Secretary 
of Labor may require regarding the activities carried out and the 
performance of such projects.
    (f) Technical Assistance.--The Secretary of Labor may reserve not 
more than 2 percent of the funds appropriated under this section to 
provide technical assistance.
    (g) Definition.--For purposes of this subsection, the term ``young 
adult gang member'' means an individual who--
            (1) is not younger than age 17 or older than age 24; and
            (2) has been arrested or adjudicated in the juvenile 
        justice system or the adult criminal justice system for a gang-
        related offense.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Labor to carry out this section 
$20,000,000 for each of the fiscal years 2010 through 2014.
                                 <all>