American Neighborhoods Taking the Initiative--Guarding Against Neighborhood Gangs Act of 2005 (ANTI-GANG Act) - Amends federal criminal code provisions regarding criminal street gangs. Prohibits specified acts regarding recruitment and retention in a gang, participation in gang activities, and witness intimidation. Requires a certification by the Attorney General or specified other officials for federal prosecution of a crime that is otherwise exclusively chargeable under state law.
Authorizes the Attorney General to designate high intensity interstate gang activity areas. Provides for coordination of anti-gang activities with anti-drug trafficking activities.
Authorizes grants to: (1) develop community based programs that provide crime prevention, research, and intervention services for gang members and at-risk youth; and (2) fund technology, equipment, and training for state and local sheriffs, police agencies, and prosecutor offices to improve the investigation and prosecution of gangs.
Expands the federal witness relocation and protection program to cover gangs.
Authorizes the Attorney General to make grants to state and local prosecutors and the U.S. attorney for the District of Columbia to provide short-term protection to witnesses in trials involving gangs.
Directs the Comptroller General to report on the costs and benefits associated with expanding federal authority to prosecute offenders under age 18 who are gang members who commit criminal offenses.
Prosecutors and Defenders Incentive Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for a student loan repayment program for prosecutors and public defenders.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1322 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1322
To allow for the prosecution of members of criminal street gangs, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 28, 2005
Mr. Durbin (for himself, Mr. Leahy, Mr. Kennedy, and Mr. Feingold)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To allow for the prosecution of members of criminal street gangs, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American
Neighborhoods Taking the Initiative--Guarding Against Neighborhood
Gangs Act of 2005'' or the ``ANTI-GANG Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
TITLE I--CRIMINAL STREET GANGS
Sec. 100. Findings
Sec. 101. Criminal street gangs; definitions
Sec. 102. Criminal street gangs prohibited acts, penalties, and
forfeiture
Sec. 103. Clerical amendments
Sec. 104. Conforming amendments
Sec. 105. Designation of and assistance for ``high intensity''
interstate gang activity areas
Sec. 106. Gang prevention grants
Sec. 107. Gang prevention information grants
Sec. 108. Enhancement of Project Safe Neighborhoods Initiative to
improve enforcement of criminal laws
against violent gangs
Sec. 109. Additional resources needed by the Federal Bureau of
Investigation to investigate and prosecute
violent criminal street gangs
Sec. 110. Expansion of Federal witness relocation and protection
program
Sec. 111. Grants to State and local prosecutors to protect witnesses
and victims of crime
Sec. 112. Witness protection services
TITLE II--RELATED MATTERS INVOLVING VIOLENT CRIME PROSECUTION
Sec. 201. Study on expanding Federal authority for juvenile offenders
Sec. 202. Prosecutors and Defenders Incentive Act
TITLE I--CRIMINAL STREET GANGS
SEC. 100. FINDINGS.
Congress finds that--
(1) violent crime and drug trafficking are pervasive
problems at the national, State, and local level;
(2) the crime rate is exacerbated by the association of
persons in gangs to commit acts of violence and drug offenses;
(3) according to the most recent National Drug Threat
Assessment, criminal street gangs are responsible for the
distribution of much of the cocaine, methamphetamine, heroin,
and other illegal drugs being distributed in rural and urban
communities throughout the United States;
(4) gangs commit acts of violence or drug offenses for
numerous motives, such as membership in or loyalty to the gang,
for protecting gang territory, and for profit;
(5) gang presence has a pernicious effect on the free flow
of commerce in local businesses and directly affects the
freedom and security of communities plagued by gang activity;
(6) gangs often recruit and utilize minors to engage in
acts of violence and other serious offenses out of a belief
that the criminal justice systems are more lenient on juvenile
offenders;
(7) gangs often intimidate and threaten witnesses to
prevent successful prosecutions;
(8) gang recruitment can be deterred both through increased
vigilance, strong criminal penalties, equal partnerships with
State and local law enforcement, and proactive intervention
efforts, particularly targeted at juveniles, prior to gang
involvement; and
(9) State and local prosecutors, in hearings before the
Committee on the Judiciary of the Senate, enlisted Congress's
help in the prevention, investigation, and prosecution of gang
crimes and in the protection of witnesses and victims of gang
crimes.
SEC. 101. CRIMINAL STREET GANGS; DEFINITIONS.
Section 521 of title 18, United States Code, is amended to read as
follows:
``Sec. 521. Criminal street gang; definitions
``As used in this chapter:
``(1) Criminal street gang.--
``(A) In general.--The term `criminal street gang'
means an ongoing formal or informal group, club,
organization, or association of 3 or more persons
through or for which they individually, jointly, or in
combination, have committed or attempted to commit, for
the direct or indirect benefit of, at the direction of,
or in association with the group, club, organization,
or association, 3 or more unrelated predicate gang
crimes, provided that--
``(i) one of the predicate gang crimes is a
violent gang crime;
``(ii) one predicate gang crime must occur
after the date of enactment of the ANTI-GANG
Act, and the last of which must occur not later
than 10 years (excluding any period of
imprisonment) after the commission of a prior
predicate gang crime; and
``(iii) the activities of the criminal
street gang must substantially affect
interstate or foreign commerce.
``(B) Ongoing.--
``(i) In general.--As used in this
paragraph, the term `ongoing', means that the
criminal street gang has an independent
identity and existence extending beyond the
planning or carrying out of any offense or
series of offenses which happen to be predicate
gang crimes.
``(ii) Factors.--The presence or absence of
any of the following evidentiary factors is
relevant to show the existence or nonexistence
of an ongoing criminal street gang, or to show
that any predicate gang crime was committed
through or for a criminal street gang:
``(I) A common name, insignia,
flag, means of recognition, secret
signal or code.
``(II) A common creed, belief,
structure, leadership or command
structure, method of operation or
criminal enterprise, concentration or
specialty.
``(III) Membership, age or other
qualifications, initiation rites,
geographical or territorial situs,
boundary, or location, or other
unifying mark, manner, protocol, or
method of expressing or indicating
membership.
``(C) Three or more persons.--As used in this
paragraph, the term `3 or more persons', shall not
require that the same 3 or more persons be involved in
2 or more predicate gang crimes.
``(D) Unrelated.--As used in this paragraph, the
term `unrelated', means that the predicate gang crimes
are not part of a single course of conduct with a
single criminal objective, and do not represent
essentially 1 composite harm even if such gang crimes
constitute legally distinct offenses occurring at
different times. Violent gang crimes committed on
different days shall always be considered to be
unrelated.
``(2) Predicate gang crime.--The term `predicate gang
crime', means any act or threat, or attempted act or threat,
which is chargeable under Federal or State law, and punishable
by imprisonment for more than 1 year, involving--
``(A) a violent gang crime, which includes--
``(i) murder;
``(ii) attempted murder;
``(iii) manslaughter;
``(iv) kidnapping;
``(v) robbery;
``(vi) assault;
``(vii) extortion;
``(viii) arson;
``(ix) burglary;
``(x) sexual assault;
``(xi) carjacking; and
``(xii) explosive materials under
subsection (d), (e), (f), or (i) of section
844;
``(B) a `serious drug offense', as that term is
defined under section 924(e)(2)(A);
``(C) obstruction of justice (including offenses
under sections 1503 and 1510);
``(D) tampering with or retaliating against a
witness, victim, or informant (including offenses under
sections 1512 and 1513);
``(E) fraud and related activity in connection with
identification documents or access devices under
sections 1028 and 1029;
``(F) interference with commerce by threats of
violence under section 1951;
``(G) money laundering under section 1956;
``(H) engaging in monetary transactions in property
derived from specified unlawful activity under section
1957;
``(I) the use of interstate commerce facilities in
the commission of murder-for-hire;
``(J) the interstate transportation, sale, or
receipt of stolen goods under sections 2312 through
2315;
``(K) the receipt, possession, and transfer of
firearms, except for violations of section 922(g); or
``(L) any act involving the Immigration and
Nationality Act, section 274 (relating to bringing in
and harboring certain aliens), section 277 (relating to
aiding or assisting certain aliens to enter the United
States), or section 278 (relating to importation of
aliens for immoral purposes).
``(3) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.''.
SEC. 102. CRIMINAL STREET GANGS--PROHIBITED ACTS, PENALTIES, AND
FORFEITURE.
Chapter 26 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 522. Prohibited acts; penalties and forfeiture
``(a) Recruitment and Retention in Criminal Street Gangs.--It shall
be unlawful for any person--
``(1) to recruit, solicit, command, employ, persuade,
induce, entice, or coerce any person to become a member of or
participate in, any criminal street gang with the intent that
the person recruited will do any act to effect the criminal
activities of a criminal street gang; or
``(2) by use of force, threat, or intimidation directed at
any person, or by the infliction of bodily injury upon any
person, to knowingly prevent a person from leaving a criminal
street gang.
``(b) Participation in a Criminal Street Gang.--It shall be
unlawful for any person--
``(1) to do any act with the intent to effect the criminal
activities of a criminal street gang;
``(2) to commit, attempt to commit, aid or abet the
commission of, or conspire to commit any predicate gang crime--
``(A) in furtherance or in aid of the activities of
the criminal street gang;
``(B) for the direct or indirect benefit of the
criminal street gang, or in association with the
criminal street gang; or
``(C) for the purpose of gaining entrance to, or
maintaining or increasing position in, the criminal
street gang;
while knowingly being a member of or participating in a
criminal street gang; or
``(3) to employ, use, command, counsel, persuade, induce,
entice, or coerce any individual to commit any predicate gang
crime--
``(A) in furtherance or in aid of the activities of
the criminal street gang;
``(B) for the direct or indirect benefit of the
criminal street gang, or in association with the
criminal street gang; or
``(C) for the purpose of gaining entrance to or
maintaining or increasing position in the criminal
street gang;
while knowingly being a member of or participating in a
criminal street gang.
``(c) Witness Intimidation.--It shall be unlawful for any person to
travel in interstate or foreign commerce, or use the mail or any
facility in interstate or foreign commerce, or to employ, use, command,
counsel, persuade, induce, entice, or coerce any individual to do the
same, to threaten, influence, or prevent from testifying any witness in
a Federal or State criminal proceeding--
``(1) in furtherance or in aid of the activities of a
criminal street gang;
``(2) for the direct or indirect benefit of, at the
direction of, or in association with a criminal street gang; or
``(3) for the purpose of gaining entrance to or maintaining
or increasing position in a criminal street gang.
``(d) Underlying Offenses.--
``(1) No limitation on underlying offenses.--Nothing in
this section shall be construed to prohibit the conviction or
sentencing of any person for an underlying offense that is
included in the definition of `predicate gang crimes'.
``(2) Venue for underlying offenses.--Notwithstanding any
other provision of law, venue for any Federal underlying
offense charged as a predicate gang crime in a prosecution
under this section shall lie in the same district as a
prosecution under this section.
``(e) Penalties.--
``(1) Recruiting.--Whoever violates subsection (a)(1) or
(b)(1) of this section shall be fined under this title, or
imprisoned not more than 3 years, or both; provided that if the
person recruited under subsection (a)(1) is a minor and the
violator is 18 years of age or older, then the violator shall
be fined under this title, imprisoned not more than 10 years,
or both.
``(2) Preventing from leaving.--Whoever violates subsection
(a)(2) or (c) shall be fined under this title, or imprisoned
not more than 10 years, or both; provided that if the person
prevented from leaving under subsection (a)(2) is a minor and
the violator is 18 years of age or older, then the violator
shall be fined under this title, imprisoned not more than 15
years, or both.
``(3) Gang crimes.--Whoever violates subsection (b)(2) or
(b)(3) shall be fined under this title, imprisoned not more
than 20 years, or both; except--
``(A) where the predicate gang crime is a serious
drug offense, then whoever violates these subsections
shall be fined under this title, imprisoned not more
than 30 years, or both; or
``(B) where the predicate gang crime is a violent
gang crime, whoever violates these subsections shall be
fined under this title, imprisoned for any term of
years or for life, or both.
``(f) Forfeiture.--
``(1) In general.--A person who violates any provision of
this section shall, in addition to any other penalty and
irrespective of any provision of State law, forfeit to the
United States--
``(A) any property constituting, or derived from,
any proceeds the person obtained, directly or
indirectly, as a result of the violation; and
``(B) any property used, or intended to be used, in
any manner or part, to commit, or to facilitate the
commission of the violation.
``(2) Application of controlled substances act.--
Subsections (b), (c), (e), (f), (g), (h), (i), (j), (k), (l),
(m), (n), (o), and (p) of section 413 of the Controlled
Substances Act (21 U.S.C. 853) shall apply to a forfeiture
under this section.
``(g) Certification by the United States Attorney.--No prosecution
of any offense described under this section involving a predicate gang
crime that is otherwise exclusively chargeable under State law shall be
undertaken by the United States except upon the certification in
writing of the Attorney General, the Deputy Attorney General, the
Associate Attorney General, any Assistant Attorney General specially
designated by the Attorney General, or the United States attorney for
the district in which the offense will be prosecuted, after
consultation with State and local prosecutors, that in his judgment a
prosecution by the United States is in the public interest and
necessary to secure substantial justice, which function of
certification may not be delegated.''.
SEC. 103. CLERICAL AMENDMENTS.
The table of sections at the beginning of chapter 26 of title 18,
United States Code, is amended to read as follows:
``521. Criminal street gangs; definitions.
``522. Prohibited acts; penalties and forfeiture.''.
SEC. 104. CONFORMING AMENDMENTS.
(a) Authorization of Interception of Wire, Oral, and Electronic
Communications.--Section 2516(1) of title 18, United States Code, is
amended--
(1) in paragraph (q), by striking ``or'';
(2) by redesignating paragraph (r) as paragraph (s); and
(3) by inserting after paragraph (q) the following:
``(r) any violation of section 522 (relating to criminal
street gangs); or''.
(b) Orders for Restitution.--Section 3663(c)(4) of title 18, United
States Code, is amended by striking ``chapter 46 or chapter 96'' and
inserting ``chapters 26, 46, or 96''.
(c) Amendment of Special Sentencing Provision Prohibiting Prisoner
Communications.--Section 3582(d) of title 18, United States Code, is
amended--
(1) by inserting ``chapter 26 (criminal street gangs),''
before ``chapter 95''; and
(2) by inserting ``a criminal street gang or'' before ``an
illegal enterprise''.
SEC. 105. DESIGNATION OF AND ASSISTANCE FOR ``HIGH INTENSITY''
INTERSTATE GANG ACTIVITY AREAS.
(a) Definitions.--In this section:
(1) Governor.--The term ``Governor'' means a Governor of a
State or the mayor of the District of Columbia.
(2) High intensity interstate gang activity area.--The term
``high intensity interstate gang activity area'' means an area
within a State that is designated as a high intensity
interstate gang activity area under subsection (b)(1).
(3) High intensity interstate gang and drug trafficking
area.--The term ``high intensity interstate gang and drug
trafficking area'' means an area within a State that is cross-
designated as a high intensity interstate gang and drug
trafficking area under subsection (b)(2).
(4) State.--The term ``State'' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States. The term
``State'' shall include an ``Indian tribe'', as defined under
section 102 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 479a).
(b) High Intensity Interstate Gang Activity Areas.--
(1) Designation.--The Attorney General, after consultation
with the Governors of appropriate States, may designate
specific areas that are located within 1 or more States as high
intensity interstate gang activity areas.
(2) Cross-designation.--The Attorney General, after
consultation with the Governors of appropriate States and the
Director of the Office of National Drug Control Policy, may
cross-designate specific areas already designated as high
intensity interstate drug trafficking areas under section 707
of the Office of National Drug Control Policy Reauthorization
Act of 1998 (21 U.S.C. 1706) as high intensity interstate gang
and drug trafficking areas.
(3) Assistance.--In order to provide Federal assistance to
high intensity interstate gang activity areas or high intensity
interstate gang and drug trafficking areas, the Attorney
General shall--
(A) establish criminal street gang enforcement
teams, consisting of Federal, State, and local law
enforcement authorities, for the coordinated
investigation, disruption, apprehension, and
prosecution of criminal street gangs and offenders in
each high intensity interstate gang activity area or
high intensity interstate gang and drug trafficking
area;
(B) direct the reassignment or detailing from any
Federal department or agency (subject to the approval
of the head of that department or agency, in the case
of a department or agency other than the Department of
Justice) of personnel to each criminal street gang
enforcement team; and
(C) provide all necessary funding for the operation
of the criminal street gang enforcement team in each
high intensity interstate gang activity area or high
intensity interstate gang and drug trafficking area.
(4) Composition of criminal street gang enforcement team.--
The team established under paragraph (2)(A) shall consist of
agents and officers, where feasible, from--
(A) the Bureau of Alcohol, Tobacco, Firearms, and
Explosives;
(B) the Department of Homeland Security;
(C) the Department of Housing and Urban
Development;
(D) the Drug Enforcement Administration;
(E) the Internal Revenue Service;
(F) the Federal Bureau of Investigation;
(G) the United States Marshal's Service;
(H) the United States Postal Service;
(I) State and local law enforcement; and
(J) Federal, State, and local prosecutors.
(5) Coordination.--In each area cross-designated as a high
intensity interstate gang and drug trafficking area, the team
established under paragraph (2)(A) shall fully coordinate its
antigang activities with antidrug trafficking activities
undertaken by Federal, State, and local officials under section
707 of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1706).
(6) Criteria for designation.--In considering an area for
designation as a high intensity interstate gang activity area
or high intensity interstate gang and drug trafficking area
under this section, the Attorney General shall consider--
(A) the current and predicted levels of gang crime
activity in the area;
(B) the extent to which violent crime in the area
appears to be related to criminal street gang activity,
such as drug trafficking, murder, robbery, assaults,
carjacking, arson, kidnapping, extortion, and other
criminal activity;
(C) the extent to which State and local law
enforcement agencies have committed resources to--
(i) respond to the gang crime problem; and
(ii) participate in a gang enforcement
team;
(D) the extent to which a significant increase in
the allocation of Federal resources would enhance local
response to the gang crime activities in the area; and
(E) any other criteria that the Attorney General
considers to be appropriate.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $40,000,000 for each of fiscal years 2006 through 2010 to
carry out this section.
SEC. 106. GANG PREVENTION GRANTS.
(a) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall make grants, in accordance with such
regulations as the Attorney General may prescribe, to States, units of
local government, tribal governments, and qualified private entities,
to develop community-based programs that provide crime prevention,
research, and intervention services that are designed for gang members
and at-risk youth.
(b) Use of Grant Amounts.--Amounts received by a grantee under this
section may be used by the grantee, directly or through subgrants, only
for 1 or more of the following activities:
(1) Preventing initial gang recruitment and involvement
among younger teenagers.
(2) Reducing gang involvement through nonviolent and
constructive activities, such as community service programs,
development of nonviolent conflict resolution skills,
employment and legal assistance, family counseling, and other
safe, community-based alternatives for high-risk youth.
(3) Developing in-school and after-school gang safety,
control, education, and resistance procedures and programs.
(4) Identifying and addressing early childhood risk factors
for gang involvement, including parent training and childhood
skills development.
(5) Identifying and fostering protective factors that
buffer children and adolescents from gang involvement.
(c) Grant Requirements.--
(1) Period.--A grant under this section shall be made for a
period of not more than 2 years.
(2) Maximum.--The amount of a grant under this section may
not exceed $1,000,000.
(d) Annual Report.--Each recipient of a grant under this section
shall submit to the Attorney General, for each year in which funds from
a grant received under this section are expended, a report containing--
(1) a summary of the activities carried out with grant
funds during that year;
(2) an assessment of the effectiveness of the crime
prevention, research, and intervention activities of the
recipient;
(3) a strategic plan for the year following the year
covered under paragraph (1); and
(4) such other information as the Attorney General may
require.
(e) Minimum Allocation.--Unless all eligible applications submitted
by any State or unit of local government within such State for a
planning or implementation grant under this section have been funded,
such State, together with grantees within the State (other than Indian
tribes), shall be allocated in each fiscal year under this section not
less than 0.75 percent of the total amount appropriated in the fiscal
year for planning or implementation grants under this section.
(f) Definition.--In this section, the term ``units of local
government'' includes sheriffs, police agencies, and local prosecutor
offices.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for grants under this section $50,000,000 for each of the
fiscal years 2006 through 2010.
(2) Limitation.--Of amounts made available for grants under
this section, not less than 50 percent shall be available only
for areas designated pursuant to section 105 as high intensity
interstate gang activity areas or high intensity interstate
gang and drug trafficking areas.
SEC. 107. GANG PREVENTION INFORMATION GRANTS.
(a) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall make grants, in accordance with such
regulations as the Attorney General may prescribe, to States, units of
local government, and tribal governments to fund technology, equipment,
and training for State and local sheriffs, police agencies, and
prosecutor offices in order to--
(1) increase accurate identification of gang members and
violent offenders;
(2) maintain databases with such information to facilitate
coordination among law enforcement and prosecutors; and
(3) otherwise improve the investigation and prosecution of
criminal street gangs.
(b) Grant Requirements.--
(1) Period.--A grant under this section shall be made for a
period of not more than 2 years.
(2) Maximum.--The amount of a grant under this section may
not exceed $1,000,000.
(c) Annual Report.--Each recipient of a grant under this section
shall submit to the Attorney General, for each year in which funds from
a grant received under this section are expended, a report containing--
(1) a summary of the activities carried out with grant
funds during that year;
(2) an assessment of the effectiveness of the crime
prevention, research, and intervention activities of the
recipient;
(3) a strategic plan for the year following the year
covered under paragraph (1); and
(4) such other information as the Attorney General may
require.
(d) Minimum Allocation.--Unless all eligible applications submitted
by any State or unit of local government within such State for a
planning or implementation grant under this section have been funded,
such State, together with grantees within the State (other than Indian
tribes), shall be allocated in each fiscal year under this section not
less than 0.75 percent of the total amount appropriated in the fiscal
year for planning or implementation grants under this section.
(e) Definition.--In this section, the term ``units of local
government'' includes sheriffs, police agencies, and local prosecutor
offices.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $10,000,000 for each of the
fiscal years 2006 through 2010.
SEC. 108. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO
IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT
GANGS.
(a) In General.--The Attorney General shall expand the Project Safe
Neighborhoods program to require each United States attorney to--
(1) identify, investigate, and prosecute significant
criminal street gangs operating within their district;
(2) coordinate the identification, investigation, and
prosecution of criminal street gangs among Federal, State, and
local law enforcement agencies;
(3) consult with State and local prosecutors to determine
how Federal, State, and local law enforcement resources can
best be used to serve the public interest and secure
substantial justice; and
(4) coordinate and establish criminal street gang
enforcement teams, established under section 105(b), in high
intensity interstate gang activity areas within the district of
the United States attorney.
(b) Additional Assistant United States Attorneys for Project Safe
Neighborhoods.--
(1) In general.--The Attorney General may hire 94
additional Assistant United States attorneys to carry out the
provisions of this section.
(2) Authorization of appropriations.--There are authorized
to be appropriated $7,500,000 for each of the fiscal years 2006
through 2010 to carry out this section.
SEC. 109. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF
INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT
CRIMINAL STREET GANGS.
(a) Responsibilities of Attorney General.--The Attorney General
shall require the Federal Bureau of Investigation to--
(1) increase funding for the Safe Streets Program;
(2) support the criminal street gang enforcement teams,
established under section 105(b), in designated high intensity
interstate gang activity areas; and
(3) consult with State and local prosecutors to determine
how Federal, State, and local law enforcement resources can
best be used to serve the public interest and secure
substantial justice.
(b) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise
authorized, there are authorized to be appropriated to the
Federal Bureau of Investigation $5,000,000 for each of the
fiscal years 2006 through 2010 to carry out the Safe Streets
Program.
(2) Availability.--Any amounts appropriated under paragraph
(1) shall remain available until expended.
SEC. 110. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION
PROGRAM.
Section 3521(a)(1) of title 18 is amended by inserting ``, criminal
street gang, serious drug offense, homicide,'' after ``organized
criminal activity''.
SEC. 111. GRANTS TO STATE AND LOCAL PROSECUTORS TO PROTECT WITNESSES
AND VICTIMS OF CRIME.
(a) Grants Authorized.--
(1) In general.--The Attorney General is authorized to make
grants to State and local prosecutors and the United States
attorney for the District of Columbia for the purpose of
providing short-term protection to witnesses in trials
involving an organized criminal activity, criminal street gang,
serious drug offense, homicide, or other serious offense.
(2) Allocation.--Each prosecutor receiving a grant under
this section may either--
(A) use the grant to provide witness relocation and
protection; or
(B) pursuant to a cooperative agreement with the
Attorney General, credit the grant to the United States
Marshal's Service to cover the costs of providing
witness relocation and protection on behalf of the
prosecutor.
(b) Application.--
(1) In general.--Each prosecutor desiring a grant under
this section shall submit an application to the Attorney
General at such time, in such manner, and accompanied by such
information as the Attorney General may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought; and
(B) provide such additional assurances as the
Attorney General determines to be essential to ensure
compliance with the requirements of this section.
(c) Minimum Allocation.--Unless all eligible applications submitted
by State and local prosecutors within a State for planning or
implementation grants under this section have been funded, the grantees
within the State shall be allocated in each fiscal year under this
section not less than 0.75 percent of the total amount appropriated in
the fiscal year for planning or implementation grants pursuant to this
section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $60,000,000 for each of the
fiscal years 2006 through 2010.
SEC. 112. 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 gang, as defined under the laws of the relevant
State seeking assistance under this title.''.
TITLE II--RELATED MATTERS INVOLVING VIOLENT CRIME PROSECUTION
SEC. 201. STUDY ON EXPANDING FEDERAL AUTHORITY FOR JUVENILE OFFENDERS.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on the Judiciary of the Senate and the
House of Representatives a report on the costs and benefits associated
with expanding Federal authority to prosecute offenders under the age
of 18 who are gang members who commit criminal offenses.
(b) Contents.--The report submitted under subsection (a) shall--
(1) examine the ability of the judicial systems of the
States to respond effectively to juveniles who are members of
``criminal street gangs'', as defined under section 521 of
title 18, United States Code;
(2) examine the extent to which offenders who are 16 and 17
years old are members of criminal street gangs, and are accused
of committing violent crimes and prosecuted in the adult
criminal justice systems of the individual States;
(3) determine the percentage of crimes committed by members
of ``criminal street gangs'' that are committed by offenders
who are 16 and 17 years old;
(4) examine the extent to which United States attorneys
currently bring criminal indictments and prosecute offenders
under the age of 18, and the extent to which United States
attorneys' offices include prosecutors with experience
prosecuting juveniles for adult criminal violations;
(5) examine the extent to which the Bureau of Prisons
houses offenders under the age of 18, and has the ability and
experience to meet the needs of young offenders;
(6) estimate the cost to the Federal Government of
prosecuting and incarcerating 16 and 17 year olds who are
members of criminal street gangs and are accused of violent
crimes; and
(7) detail any benefits for Federal prosecutions that would
be realized by expanding Federal authority to bring charges
against 16 and 17 year olds who are members of criminal street
gangs and are accused of violent crimes.
SEC. 202. PROSECUTORS AND DEFENDERS INCENTIVE ACT.
(a) Short Title.--This section may be cited as the ``Prosecutors
and Defenders Incentive Act''.
(b) Loan Repayment for Prosecutors and Public Defenders.--Title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.) is amended by adding at the end the following:
``PART HH--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
``SEC. 2901. GRANT AUTHORIZATION.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as prosecutors
and public defenders.
``(b) Definitions.--In this section:
``(1) Prosecutor.--The term `prosecutor' means a full-time
employee of a State or local agency who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal cases at the State or
local level.
``(2) Public defender.--The term `public defender' means an
attorney who--
``(A) is continually licensed to practice law; and
``(B) is--
``(i) a full-time employee of a State or
local agency or a nonprofit organization
operating under a contract with a State or unit
of local government, that provides legal
representation to indigent persons in criminal
cases; or
``(ii) employed as a full-time Federal
defender attorney in a defender organization
established pursuant to subsection (g) of
section 3006A of title 18, United States Code,
that provides legal representation to indigent
persons in criminal cases.
``(3) Student loan.--The term `student loan' means--
``(A) a loan made, insured, or guaranteed under
part B of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq.);
``(B) a loan made under part D or E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq. and 1087aa et seq.); and
``(C) a loan made under section 428C or 455(g) of
the Higher Education Act of 1965 (20 U.S.C. 1078-3 and
1087e(g)) to the extent that such loan was used to
repay a Federal Direct Stafford Loan, a Federal Direct
Unsubsidized Stafford Loan, or a loan made under
section 428 or 428H of such Act.
``(c) Program Authorized.--The Attorney General shall establish a
program by which the Department of Justice shall assume the obligation
to repay a student loan, by direct payments on behalf of a borrower to
the holder of such loan, in accordance with subsection (d), for any
borrower who--
``(1) is employed as a prosecutor or public defender; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Terms of Agreement.--
``(1) In general.--To be eligible to receive repayment
benefits under subsection (c), a borrower shall enter into a
written agreement that specifies that--
``(A) the borrower will remain employed as a
prosecutor or public defender for a required period of
service of not less than 3 years, unless involuntarily
separated from that employment;
``(B) if the borrower is involuntarily separated
from employment on account of misconduct, or
voluntarily separates from employment, before the end
of the period specified in the agreement, the borrower
will repay the Attorney General the amount of any
benefits received by such employee under this section;
``(C) if the borrower is required to repay an
amount to the Attorney General under subparagraph (B)
and fails to repay such amount, a sum equal to that
amount shall be recoverable by the Federal Government
from the employee (or such employee's estate, if
applicable) by such methods as are provided by law for
the recovery of amounts owed to the Federal Government;
``(D) the Attorney General may waive, in whole or
in part, a right of recovery under this subsection if
it is shown that recovery would be against equity and
good conscience or against the public interest; and
``(E) the Attorney General shall make student loan
payments under this section for the period of the
agreement, subject to the availability of
appropriations.
``(2) Repayments.--
``(A) In general.--Any amount repaid by, or
recovered from, an individual or the estate of an
individual under this subsection shall be credited to
the appropriation account from which the amount
involved was originally paid.
``(B) Merger.--Any amount credited under
subparagraph (A) shall be merged with other sums in
such account and shall be available for the same
purposes and period, and subject to the same
limitations, if any, as the sums with which the amount
was merged.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan
repayments made by the Attorney General under this
section shall be made subject to such terms,
limitations, or conditions as may be mutually agreed
upon by the borrower and the Attorney General in an
agreement under paragraph (1), except that the amount
paid by the Attorney General under this section shall
not exceed--
``(i) $10,000 for any borrower in any
calendar year; or
``(ii) an aggregate total of $60,000 in the
case of any borrower.
``(B) Beginning of payments.--Nothing in this
section shall authorize the Attorney General to pay any
amount to reimburse a borrower for any repayments made
by such borrower prior to the date on which the
Attorney General entered into an agreement with the
borrower under this subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Attorney General may, subject to paragraph (2), enter
into an additional agreement in accordance with subsection (d).
``(2) Term.--An agreement entered into under paragraph (1)
may require the borrower remain employed as a prosecutor or
public defender for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--Subject to paragraph (2), the Attorney
General shall provide repayment benefits under this section on
a first-come, first-served basis, and subject to the
availability of appropriations.
``(2) Priority.--The Attorney General shall give priority
in providing repayment benefits under this section in any
fiscal year to a borrower who--
``(A) received repayment benefits under this
section during the preceding fiscal year; and
``(B) has completed less than 3 years of the first
required period of service specified for the borrower
in an agreement entered into under subsection (d).
``(g) Regulations.--The Attorney General is authorized to issue
such regulations as may be necessary to carry out the provisions of
this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for fiscal year 2006
and such sums as may be necessary for each succeeding fiscal year.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7526-7528)
Read twice and referred to the Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line