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Referred in Senate (05/12/2005)

 
[Congressional Bills 109th Congress]
[From the U.S. Government Printing Office]
[H.R. 1279 Referred in Senate (RFS)]

  1st Session
                                H. R. 1279


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2005

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
To amend title 18, United States Code, to reduce violent gang crime and 
 protect law-abiding citizens and communities from violent criminals, 
                        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 Deterrence and Community 
Protection Act of 2005''.

   TITLE I--CRIMINAL LAW REFORMS AND ENHANCED PENALTIES TO DETER AND 
  PUNISH ILLEGAL STREET GANG ACTIVITY AND RELATED CRIMINAL LAW REFORMS

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. Criminal street gang prosecutions.
``Sec. 521. Criminal street gang prosecutions
    ``(a) Street Gang Crime.--Whoever commits, or conspires, threatens 
or attempts 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 such a gang, shall, in addition 
to being subject to a fine under this title--
            ``(1) if the gang crime results in the death of any person, 
        be sentenced to death or life in prison;
            ``(2) if the gang crime is kidnapping, aggravated sexual 
        abuse, or maiming, be imprisoned for life or any term of years 
        not less than 30;
            ``(3) if the gang crime is assault resulting in serious 
        bodily injury (as defined in section 1365), be imprisoned for 
        life or any term of years not less than 20; and
            ``(4) in any other case, be imprisoned for life or for any 
        term of years not less than 10.
    ``(b) Forfeiture.--
            ``(1) In general.--The court, in imposing sentence on any 
        person convicted of a violation of this section, shall order, 
        in addition to any other sentence imposed and irrespective of 
        any provision of State law, that such person shall forfeit to 
        the United States such person's interest in--
                    ``(A) any property used, or intended to be used, in 
                any manner or part, to commit, or to facilitate the 
                commission of, the violation; and
                    ``(B) any property constituting, or derived from, 
                any proceeds the person obtained, directly or 
                indirectly, as a result 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 as though it were a forfeiture under that 
        section.
    ``(c) Definitions.--The following definitions apply in this 
section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' means a formal or informal group or association of 3 or 
        more individuals, who commit 2 or more gang crimes (one of 
        which is a crime of violence other than an offense punishable 
        under subparagraph (A), (B), or (C) of section 401(b)(1) of the 
        Controlled Substances Act), in 2 or more separate criminal 
        episodes, in relation to the group or association, if any of 
        the activities of the criminal street gang affects interstate 
        or foreign commerce.
            ``(2) Gang crime.--The term `gang crime' means conduct 
        constituting any Federal or State crime, punishable by 
        imprisonment for more than one year, in any of the following 
        categories:
                    ``(A) A crime of violence (other than a crime of 
                violence against the property of another).
                    ``(B) A crime involving obstruction of justice, 
                tampering with or retaliating against a witness, 
                victim, or informant, or burglary.
                    ``(C) A crime involving the manufacturing, 
                importing, distributing, possessing with intent to 
                distribute, or otherwise dealing 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 section 844 
                (relating to explosive materials), subsection (a)(1), 
                (d), (g)(1) (where the underlying conviction is a 
                violent felony (as defined in section 924(e)(2)(B) of 
                this title) or is a serious drug offense (as defined in 
                section 924(e)(2)(A))), (g)(2), (g)(3), (g)(4), (g)(5), 
                (g)(8), (g)(9), (i), (j), (k), (n), (o), (p), (q), (u), 
                or (x) of section 922 (relating to unlawful acts), or 
                subsection (b), (c), (g), (h), (k), (l), (m), or (n) of 
                section 924 (relating to penalties), section 930 
                (relating to possession of firearms and dangerous 
                weapons in Federal facilities), section 931 (relating 
                to purchase, ownership, or possession of body armor by 
                violent felons), sections 1028 and 1029 (relating to 
                fraud and related activity in connection with 
                identification documents or access devices), section 
                1952 (relating to interstate and foreign travel or 
                transportation in aid of racketeering enterprises), 
                section 1956 (relating to the laundering of monetary 
                instruments), section 1957 (relating to engaging in 
                monetary transactions in property derived from 
                specified unlawful activity), or 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 alien for immoral purpose) 
                of the Immigration and Nationality Act.
            ``(3) Aggravated sexual abuse.--The term `aggravated sexual 
        abuse' means an offense that, if committed in the special 
        maritime and territorial jurisdiction would be an offense under 
        section 2241(a).
            ``(4) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United States.''.
    (b) 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 chapter 96 of this title'' and 
inserting ``section 521, under chapter 46 or 96,''.
    (c) Money Laundering.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended by inserting ``, section 521 (relating to 
criminal street gang prosecutions)'' before ``, section 541''.

SEC. 102. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR 
              TRANSPORTATION IN AID OF RACKETEERING.

    Section 1952 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``perform'' and all that 
        follows through the end of the subsection and inserting 
        ``perform an act described in paragraph (1), (2), or (3), or 
        conspires to do so, shall be punished as provided in subsection 
        (d).''; and
            (2) by adding at the end following:
    ``(d) The punishment for an offense under subsection (a) is--
            ``(1) in the case of a violation of paragraph (1) or (3), a 
        fine under this title and imprisonment for not less than 5 nor 
        more than 20 years; and
            ``(2) in the case of a violation of paragraph (2), a fine 
        under this title and imprisonment for not less than 10 nor more 
        than 30 years, but if death results the offender shall be 
        sentenced to death, or to imprisonment for any term of years or 
        for life.''.

SEC. 103. AMENDMENTS RELATING TO VIOLENT CRIME.

    (a) Carjacking.--Section 2119 of title 18, United States Code, is 
amended--
            (1) by striking ``, with the intent to cause death or 
        serious bodily harm'' in the matter preceding paragraph (1);
            (2) by inserting ``or conspires'' after ``attempts'' in the 
        matter preceding paragraph (1);
            (3) by striking ``15'' and inserting ``20'' in paragraph 
        (1); and
            (4) by striking ``or imprisoned not more than 25 years, or 
        both'' and inserting ``and imprisoned not less than 10 years 
        nor more than 30 years'' in paragraph (2).
    (b) Clarification of Illegal Gun Transfers to Commit Drug 
Trafficking Crime or Crimes of Violence.--Section 924(h) of title 18, 
United States Code, is amended to read as follows:
    ``(h) Whoever, in or affecting interstate or foreign commerce, 
knowingly transfers a firearm, knowing or intending that the firearm 
will be used to commit, or possessed in furtherance of, a crime of 
violence or drug trafficking crime (as defined in subsection (c)(2)), 
shall be fined under this title and imprisoned not less than 5 years 
nor more than 20 years.''.
    (c) Amendment of Special Sentencing Provision Relating to 
Limitations on Criminal Association.--Section 3582(d) of title 18, 
United States Code, is amended--
            (1) by inserting ``section 521 (criminal street gang 
        prosecutions), in'' after ``felony set forth in'';
            (2) by striking ``specified person, other than his 
        attorney, upon'' and inserting ``specified person upon''; and
            (3) by inserting ``a criminal street gang or'' before ``an 
        illegal enterprise''.
    (d) Conspiracy Penalty.--Section 371 of title 18, United States 
Code, is amended by striking ``five'' and inserting ``20''.

SEC. 104. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES 
              IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY 
              CRIMES OF VIOLENCE.

    (a) In General.--Section 1958 of title 18, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 1958. Use of interstate commerce facilities in the commission of 
              murder-for-hire and other felony crimes of violence'';
            (2) in subsection (a), by inserting ``or other crime of 
        violence, punishable by imprisonment for more than one year,'' 
        after ``intent that a murder''; and
            (3) in subsection (a), by striking ``shall be fined'' the 
        first place it appears and all that follows through the end of 
        such subsection and inserting the following:
``shall, in addition to being subject to a fine under this title--
            ``(1) if the crime of violence or conspiracy results in the 
        death of any person, be sentenced to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse (as defined in section 521), or maiming, or a 
        conspiracy to commit such a crime of violence, be imprisoned 
        for life or any term of years not less than 30;
            ``(3) if the crime of violence is an assault, or a 
        conspiracy to assault, that results in serious bodily injury 
        (as defined in section 1365), be imprisoned for life or any 
        term of years not less than 20; and
            ``(4) in any other case, be imprisoned for life or for any 
        term of years not less than 10.''.
    (b) Clerical Amendment.--The item relating to section 1958 in the 
table of sections at the beginning of chapter 95 of title 18, United 
States Code, is amended to read as follows:

``1958. Use of interstate commerce facilities in the commission of 
                            murder-for-hire and other felony crimes of 
                            violence.''.

SEC. 105. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF RACKETEERING 
              ACTIVITY.

    (a) Offense.--Section 1959(a) of title 18, United States Code, is 
amended to read as follows:
    ``(a) Whoever commits, or conspires, threatens, or attempts to 
commit, a crime of violence, as consideration for the receipt of, or as 
consideration for a promise or agreement to pay, anything of pecuniary 
value from an enterprise engaged in racketeering activity, or for the 
purpose of furthering the activities of an enterprise engaged in 
racketeering activity, or for the purpose of gaining entrance to or 
maintaining or increasing position in, such an enterprise, shall, 
unless the death penalty is otherwise imposed, in addition and 
consecutive to the punishment provided for any other violation of this 
chapter and in addition to being subject to a fine under this title--
            ``(1) if the crime of violence results in the death of any 
        person, be sentenced to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse (as defined in section 521), or maiming, be 
        imprisoned for life or any term of years not less than 30;
            ``(3) if the crime of violence is assault resulting in 
        serious bodily injury (as defined in section 1365), be 
        imprisoned for life or for any term of years not less than 20; 
        and
            ``(4) in any other case, be imprisoned for life or for any 
        term of years not less than 10.''.
    (b) Venue.--Section 1959 of title 18, United States Code, is 
amended by adding at the end the following:
    ``(c) A prosecution for a violation of this section may be brought 
in--
            ``(1) the judicial district in which the crime of violence 
        occurred; or
            ``(2) any judicial district in which racketeering activity 
        of the enterprise occurred.''.

SEC. 106. 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:

``murder and other violent crimes committed during and in relation to a 
                         drug trafficking crime

    ``Sec. 424. (a) In General.--Whoever commits, or conspires, or 
attempts to commit, a crime of violence during and in relation to a 
drug trafficking crime, shall, unless the death penalty is otherwise 
imposed, in addition and consecutive to the punishment provided for the 
drug trafficking crime and in addition to being subject to a fine under 
this title--
            ``(1) if the crime of violence results in the death of any 
        person, be sentenced to death or life in prison;
            ``(2) if the crime of violence is kidnapping, aggravated 
        sexual abuse (as defined in section 521), or maiming, be 
        imprisoned for life or any term of years not less than 30;
            ``(3) if the crime of violence is assault resulting in 
        serious bodily injury (as defined in section 1365), be 
        imprisoned for life or any term of years not less than 20; and
            ``(4) in any other case, be imprisoned for life or for any 
        term of years not less than 10.
    ``(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.--As used in this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 16 of title 18, United States Code; and
            ``(2) the term `drug trafficking crime' has the meaning 
        given that term in section 924(c)(2) of title 18, United States 
        Code.''.
    (b) Clerical Amendment.--The table of contents for the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 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. 107. MULTIPLE INTERSTATE MURDER.

    (a) Offense.--Chapter 51 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1123. Use of interstate commerce facilities in the commission of 
              multiple murder
    ``(a) In General.--Whoever travels in or causes another (including 
the intended victim) to travel in interstate or foreign commerce, or 
uses or causes another (including the intended victim) to use the mail 
or any facility of interstate or foreign commerce, or who conspires or 
attempts to do so, with intent that 2 or more intentional homicides be 
committed in violation of the laws of any State or the United States 
shall, in addition to being subject to a fine under this title--
            ``(1) if the offense results in the death of any person, be 
        sentenced to death or life in prison;
            ``(2) if the offense results in serious bodily injury (as 
        defined in section 1365), be imprisoned for life or any term of 
        years not less than 20; and
            ``(3) in any other case, be imprisoned for life or for any 
        term of years not less than 10.
    ``(b) Definition.--The term `State' means each of the several 
States of the United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 51 of title 18, United States Code, is amended by adding at the 
end the following:

``1123. Use of interstate commerce facilities in the commission of 
                            multiple murder.''.

SEC. 108. ADDITIONAL RACKETEERING ACTIVITY.

     Section 1961(1) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by inserting ``, or would have 
        been so chargeable if the act or threat had not been committed 
        in Indian country (as defined in section 1151) or in any other 
        area of exclusive Federal jurisdiction,'' after ``chargeable 
        under State law''; and
            (2) in subparagraph (B), by inserting ``section 1123 
        (relating to interstate murder),'' after ``section 1084 
        (relating to the transmission of gambling information),''.

SEC. 109. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF 
              PERSONS CHARGED WITH FIREARMS OFFENSES.

    Section 3142 of title 18, United States Code, is amended--
            (1) in subsection (e), in the matter following paragraph 
        (3), by inserting ``an offense under subsection (g)(1) (where 
        the underlying conviction is a drug trafficking crime (as 
        defined in section 924(c))), (g)(2), (g)(4), (g)(5), (g)(8), or 
        (g)(9) of section 922, or a crime of violence,'' after ``that 
        the person committed''; and
            (2) in subsection (g), by amending paragraph (1) to read as 
        follows:
            ``(1) the nature and circumstances of the offense charged, 
        including whether the offense is a crime of violence, or 
        involves a controlled substance, firearm, explosive, or 
        destructive devise;''.

SEC. 110. VENUE IN CAPITAL CASES.

    Section 3235 of title 18, United States Code, is amended to read as 
follows:
``Sec. 3235. Venue in capital cases
    ``(a) The trial for any offense punishable by death shall be held 
in the district where the offense was committed or in any district in 
which the offense began, continued, or was completed.
    ``(b) If the offense, or related conduct, under subsection (a) 
involves activities which affect interstate or foreign commerce, or the 
importation of an object or person into the United States, such offense 
may be prosecuted in any district in which those activities 
occurred.''.

SEC. 111. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3298. 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 15 
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:

``3298. Violent crime offenses.''.

SEC. 112. MODIFICATION OF DEFINITION OF CRIME OF VIOLENCE.

    Section 16(b) of title 18, United States Code, is amended to read 
as follows:
            ``(b) any other offense that is an offense punishable by 
        imprisonment for more than one year and that, by its nature, 
        involves a substantial risk that physical injury may result to 
        the person or property of another, or is an offense punishable 
        under subparagraph (A), (B), or (C) of section 401(b)(1) of the 
        Controlled Substances Act.''.

SEC. 113. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE BY 
              WRONGDOING.

    Rule 804(b)(6) of the Federal Rules of Evidence is amended to read 
as follows:
            ``(6) Forfeiture by wrongdoing.--A statement offered 
        against a party who has engaged or acquiesced in wrongdoing, or 
        who could reasonably foresee such wrongdoing would take place, 
        if the wrongdoing was intended to, and did, procure the 
        unavailability of the declarant as a witness.''.

SEC. 114. INCREASED PENALTIES FOR CRIMINAL USE OF FIREARMS IN CRIMES OF 
              VIOLENCE AND DRUG TRAFFICKING.

    (a) In General.--Section 924(c) of title 18, United States Code, is 
amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``shall'' and inserting ``or 
                conspires to commit any of the above acts, shall, for 
                each instance in which the firearm is used, carried, or 
                possessed'';
                    (B) in clause (i), by striking ``5 years'' and 
                inserting ``7 years''; and
                    (C) by striking clauses (ii) and (iii) and 
                inserting the following:
                    ``(ii) if the firearm is discharged, be sentenced 
                to a term of imprisonment of not less than 15 years; 
                and
                    ``(iii) if the firearm is used to wound, injure, or 
                maim another person, be sentenced to a term of 
                imprisonment of not less than 20 years.''; and
            (2) by striking paragraph (4).
    (b) Conforming Amendment.--Section 924 of title 18, United States 
Code, is amended by striking subsection (o).

SEC. 115. TRANSFER OF JUVENILES.

    The 4th undesignated paragraph of section 5032 of title 18, United 
States Code, is amended--
            (1) by striking ``A juvenile'' where it appears at the 
        beginning of the paragraph and inserting ``Except as otherwise 
        provided in this chapter, a juvenile'' ;
            (2) by striking ``as an adult, except that, with'' and 
        inserting ``as an adult. With''; and
            (3) by striking ``However, a juvenile'' and all that 
        follows through ``criminal prosecution.'' at the end of the 
        paragraph and inserting ``The Attorney General may prosecute as 
        an adult a juvenile who is alleged to have committed an act 
        after that juvenile's 16th birthday which if committed by an 
        adult would be a crime of violence that is a felony, an offense 
        described in subsection (d), (i), (j), (k), (o), (p), (q), (u), 
        or (x) of section 922 (relating to unlawful acts), or 
        subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 
        924 (relating to penalties), section 930 (relating to 
        possession of firearms and dangerous weapons in Federal 
        facilities), or section 931 (relating to purchase, ownership, 
        or possession of body armor by violent felons). The decision 
        whether or not to prosecute a juvenile as an adult under the 
        immediately preceding sentence is not subject to judicial 
        review in any court. In a prosecution under that sentence, the 
        juvenile may be prosecuted and convicted as an adult for any 
        other offense which is properly joined under the Federal Rules 
        of Criminal Procedure, and may also be convicted as an adult of 
        any lesser included offense.''.

SEC. 116. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL PENALTIES.

    The Attorney General is authorized to conduct media campaigns in 
those areas designated as high intensity interstate gang activity areas 
and those areas with existing and emerging problem with gangs, as 
needed, to educate individuals there about the changes in criminal 
penalties made by this Act, and to report to the Committee on the 
Judiciary of the House of Representatives the amount of expenditures 
and all other aspects of the media campaign.

SEC. 117. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the NCIC.--Not later than 180 days 
after the date of enactment of this Act, the Under Secretary for Border 
and Transportation Security of the Department of Homeland Security 
shall provide the National Crime Information Center of the Department 
of Justice with such information as the Director may have on any and 
all aliens against whom a final order of removal has been issued, any 
and all aliens who have signed a voluntary departure agreement, and any 
and all aliens who have overstayed their visa. Such information shall 
be provided to the National Crime Information Center regardless of 
whether or not the alien received notice of a final order of removal 
and even if the alien has already been removed.
    (b) Inclusion of Information in the NCIC Database.--Section 534(a) 
of title 28, United States Code, is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether or not the alien has received notice of 
        the violation and even if the alien has already been removed; 
        and''.

SEC. 118. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY ILLEGAL 
              ALIENS.

    (a) Offenses.--Title 18, United States Code, is amended by 
inserting after chapter 51 the following new chapter:

                      ``CHAPTER 52--ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for certain crimes committed by illegal 
                            aliens.
``Sec. 1131. Enhanced penalties for certain crimes committed by illegal 
              aliens
    ``Whoever, being an alien who is unlawfully present in the United 
States, commits, conspires or attempts to commit, a crime of violence 
(as defined in section 16) or a drug trafficking offense (as defined in 
section 924), shall be fined under this title and sentenced to not less 
than 5 years in prison. If the defendant was previously ordered removed 
under the Immigration and Nationality Act on the grounds of having 
committed a crime, the defendant shall be sentenced to not less than 15 
years in prison . A sentence of imprisonment imposed under this section 
shall run consecutively to any other sentence of imprisonment imposed 
for any other crime.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 51 the following new item:

``52. Illegal aliens........................................    1131''.

SEC. 119. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the NCIC.--Not later than 180 days 
after the date of enactment of this Act, the Under Secretary for Border 
and Transportation Security of the Department of Homeland Security 
shall provide the National Crime Information Center of the Department 
of Justice with such information as the Director may have on any and 
all aliens against whom a final order of removal has been issued, and 
any and all aliens who have signed a voluntary departure agreement. 
Such information shall be provided to the National Crime Information 
Center regardless of whether or not the alien received notice of a 
final order of removal and even if the alien has already been removed.
    (b) Inclusion of Information in the NCIC Database.--Section 534(a) 
of title 28, United States Code, is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether or not the alien has received notice of 
        the violation and even if the alien has already been removed; 
        and''.

SEC. 120. STUDY.

    The Attorney General and the Secretary of Homeland Security shall 
jointly conduct a study on the connection between illegal immigration 
and gang membership and activity, including how many of those arrested 
nationwide for gang membership and violence are aliens illegally 
present in the United States. The Attorney General and the Secretary 
shall report the results of that study to Congress not later than one 
year after the date of the enactment of this Act.

  TITLE II--INCREASED FEDERAL RESOURCES TO DETER AND PREVENT AT-RISK 
                YOUTH FROM JOINING ILLEGAL STREET GANGS

SEC. 201. DESIGNATION OF AND ASSISTANCE FOR ``HIGH INTENSITY'' 
              INTERSTATE GANG ACTIVITY AREAS.

    (a) Definitions.--In this section the following definitions shall 
apply:
            (1) Governor.--The term ``Governor'' means a Governor of a 
        State or the Mayor of the District of Columbia.
            (2) High intensity interstate gang activity area.--The term 
        ``high intensity interstate gang activity area'' means an area 
        within a State that is designated as a high intensity 
        interstate gang activity area under subsection (b)(1).
            (3) State.--The term ``State'' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
    (b) High Intensity Interstate Gang Activity Areas.--
            (1) Designation.--The Attorney General, after consultation 
        with the Governors of appropriate States, may designate as high 
        intensity interstate gang activity areas, specific areas that 
        are located within 1 or more States.
            (2) Assistance.--In order to provide Federal assistance to 
        high intensity interstate gang activity areas, the Attorney 
        General shall--
                    (A) establish criminal street gang 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;
                    (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) provide all necessary funding for the operation 
                of the criminal street gang enforcement team in each 
                high intensity interstate gang activity area; and
                    (D) provide all necessary funding for national and 
                regional meetings of criminal street gang enforcement 
                teams, and all other related organizations, as needed, 
                to ensure effective operation of such teams through the 
                sharing of intelligence, best practices and for any 
                other related purpose.
            (3) Composition of criminal street gang enforcement team.--
        The team established pursuant to paragraph (2)(A) shall consist 
        of agents and 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 Directorate of Border and Transportation 
                Security of the Department of Homeland Security;
                    (F) the Department of Housing and Urban 
                Development;
                    (G) State and local law enforcement; and
                    (H) Federal, State, and local prosecutors.
            (4) Criteria for designation.--In considering an area for 
        designation as a high intensity interstate gang activity area 
        under this section, the Attorney General shall consider--
                    (A) the current and predicted levels of gang crime 
                activity in the area;
                    (B) the extent to which violent crime in the area 
                appears to be related to criminal street gang activity, 
                such as drug trafficking, murder, robbery, assaults, 
                carjacking, arson, kidnapping, extortion, and other 
                criminal activity;
                    (C) the extent to which State and local law 
                enforcement agencies have committed resources to--
                            (i) respond to the gang crime problem; and
                            (ii) participate in a gang enforcement 
                        team;
                    (D) the extent to which a significant 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.
            (5) Consultation required.--The Attorney General may not 
        designate a high intensity interstate gang activity area 
        without first consulting with and receiving comment from local 
        elected officials representing communities within the State of 
        proposed designation.
    (c) National Gang Intelligence Center.--
            (1) Establishment.--The Attorney General shall establish a 
        National Gang Intelligence Center to be housed at and 
        administered by the Federal Bureau of Investigation to collect, 
        analyze, and disseminate gang activity information from--
                    (A) the Federal Bureau of Investigation;
                    (B) the Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives;
                    (C) the Drug Enforcement Administration;
                    (D) the Bureau of Prisons;
                    (E) the United States Marshals Service;
                    (F) the Directorate of Border and Transportation 
                Security of the Department of Homeland Security;
                    (G) the Department of Housing and Urban 
                Development;
                    (H) State and local law enforcement;
                    (I) Federal, State, and local prosecutors;
                    (J) Federal, State, and local probation and parole 
                offices; and
                    (K) Federal, State, and local prisons and jails.
            (2) Information.--The Center established under paragraph 
        (1) shall make available the information referred to in 
        paragraph (1) to--
                    (A) Federal, State, and local law enforcement 
                agencies;
                    (B) Federal, State, and local corrections agencies 
                and penal institutions; and
                    (C) Federal, State, and local prosecutorial 
                agencies.
            (3) Annual report.--The Center established under paragraph 
        (1) shall annually submit to Congress a report on gang 
        activity.
    (d) National and Regional Gang Activity Databases.--
            (1) Databases required.--From amounts made available to 
        carry out this section, the Attorney General shall establish--
                    (A) for each high intensity interstate gang 
                activity area, a regional gang activity database; and
                    (B) a national gang activity database that 
                replicates the information in the regional databases.
            (2) Description.--Each regional gang activity database 
        required by paragraph (1) shall--
                    (A) be designed to disseminate gang information to 
                law enforcement agencies throughout the region;
                    (B) contain critical information on gangs, gang 
                members, firearms, criminal activities, vehicles, and 
                other information useful for investigators in solving 
                gang-related crimes; and
                    (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 police 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.
    (e) Additional Assistant U.S. Attorneys.--The Attorney General is 
authorized to hire 94 additional Assistant United States attorneys to 
carry out the provisions of this section. Each attorney hired under 
this subsection shall be assigned to a high intensity interstate gang 
activity area.
    (f) Additional BATFE Inspectors and Agents.--The Attorney General, 
acting through the Director of the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives, is authorized to hire 100 additional 
inspectors and 100 additional agents for the Bureau. Each inspector and 
agent hired under this subsection shall be assigned to a high intensity 
interstate gang activity area, for the purpose of assisting local law 
enforcement agencies to provide more accurate and complete reports to 
the Bureau of weapons used by gangs in the area.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) $60,000,000 for each of the fiscal years 2006 through 
        2010 to carry out subsection (b);
            (2) $7,500,000 for each of the fiscal years 2006 through 
        2010 to carry out subsection (e); and
            (3) $20,000,000 for each of the fiscal years 2006 through 
        2010 to carry out subsection (f).

SEC. 202. GRANTS TO STATE AND LOCAL PROSECUTORS TO COMBAT VIOLENT CRIME 
              AND TO PROTECT WITNESSES AND VICTIMS OF CRIMES.

    (a) In General.--Section 31702 of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13862) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(5) to hire additional prosecutors to--
                    ``(A) allow more cases to be prosecuted; and
                    ``(B) reduce backlogs;
            ``(6) to fund technology, equipment, and training for 
        prosecutors and law enforcement in order to increase accurate 
        identification of gang members and violent offenders, and to 
        maintain databases with such information to facilitate 
        coordination among law enforcement and prosecutors; and
            ``(7) to fund technology, equipment, and training for 
        prosecutors to increase the accurate identification and 
        successful prosecution of young violent offenders.''.
    (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 2006 through 2010 to carry out this subtitle.''.

            Passed the House of Representatives May 11, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.