HR 1582 IHCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

March 20, 2007

Mr. SCHIFF (for himself and Mrs. BONO) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Gang Abatement and Prevention Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink





Sec. 3. Findings.CommentsClose CommentsPermalink

TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT NATIONAL GANGS

Sec. 101. Revision and extension of penalties related to criminal street gang activity.CommentsClose CommentsPermalink

TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE

Sec. 201. Violent crimes in aid of racketeering activity.CommentsClose CommentsPermalink





Sec. 202. Murder and other violent crimes committed during and in relation to a drug trafficking crime.CommentsClose CommentsPermalink





Sec. 203. Expansion of rebuttable presumption against release of persons charged with firearms offenses.CommentsClose CommentsPermalink





Sec. 204. Statute of limitations for violent crime.CommentsClose CommentsPermalink





Sec. 205. Study of hearsay exception for forfeiture by wrongdoing.CommentsClose CommentsPermalink





Sec. 206. Possession of firearms by dangerous felons.CommentsClose CommentsPermalink





Sec. 207. Conforming amendment.CommentsClose CommentsPermalink





Sec. 208. Amendments relating to violent crime.CommentsClose CommentsPermalink





Sec. 209. Crimes of violence and drug crimes committed by illegal aliens.CommentsClose CommentsPermalink





Sec. 210. Publicity campaign about new criminal penalties.CommentsClose CommentsPermalink





Sec. 211. Statute of limitations for terrorism offenses.CommentsClose CommentsPermalink





Sec. 212. Crimes committed in Indian country or exclusive Federal jurisdiction as racketeering predicates.CommentsClose CommentsPermalink





Sec. 213. Predicate crimes for authorization of interception of wire, oral, and electronic communications.CommentsClose CommentsPermalink





Sec. 214. Clarification of Hobbs Act.CommentsClose CommentsPermalink

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

Sec. 301. Designation of and assistance for high intensity interstate gang activity areas.CommentsClose CommentsPermalink





Sec. 302. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs.CommentsClose CommentsPermalink





Sec. 303. Additional resources needed by the Federal Bureau of Investigation to investigate and prosecute violent criminal street gangs.CommentsClose CommentsPermalink





Sec. 304. Grants to prosecutors and law enforcement to combat violent crime.CommentsClose CommentsPermalink





Sec. 305. Short-Term State Witness Protection Section.CommentsClose CommentsPermalink





Sec. 306. Witness protection services.CommentsClose CommentsPermalink





Sec. 307. Expansion of Federal witness relocation and protection program.CommentsClose CommentsPermalink





Sec. 308. Family abduction prevention grant program.CommentsClose CommentsPermalink

SEC. 3. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) violent crime and drug trafficking are pervasive problems at the national, State, and local level;CommentsClose CommentsPermalink





(2) according to recent Federal Bureau of Investigation, Uniform Crime Reports, violent crime in the United States is on the rise, with a 2.5 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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(6) gang presence and intimidation, and the organized and repetitive nature of the crimes that gangs 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 significantly affecting interstate and foreign commerce;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(8) gangs often intimidate and threaten witnesses to prevent successful prosecutions;CommentsClose CommentsPermalink





(9) gang recruitment can be deterred through increased vigilance, strong criminal penalties, partnerships between Federal and State and local law enforcement, and proactive intervention efforts, particularly targeted at juveniles, prior to gang involvement;CommentsClose CommentsPermalink





(10) State and local prosecutors and law enforcement officers, in hearings before the Committee on the Judiciary of the Senate and elsewhere, 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; andCommentsClose CommentsPermalink





(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 is critical to the successful prosecutions of criminal street gangs.CommentsClose CommentsPermalink

TITLE I--NEW FEDERAL CRIMINAL LAWS NEEDED TO FIGHT NATIONAL GANGS

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:CommentsClose CommentsPermalink

`CHAPTER 26--CRIMINAL STREET GANGS

`Sec.CommentsClose CommentsPermalink





`521. Definitions.CommentsClose CommentsPermalink





`522. Criminal street gang prosecutions.CommentsClose CommentsPermalink





`523. Recruitment of persons to participate in a criminal street gang.CommentsClose CommentsPermalink





`524. Violent crimes in furtherance of criminal street gangs.CommentsClose CommentsPermalink





`525. Forfeiture.CommentsClose CommentsPermalink

`Sec. 521. Definitions

`In this chapter:CommentsClose CommentsPermalink





`(1) CRIMINAL STREET GANG- The term `criminal street gang' means a formal or informal group or association of 5 or more individuals, who commit 3 or more gang crimes (not less than 1 of which is a serious violent felony), in 3 or more separate criminal episodes (not less than 1 of which occurs after the date of enactment of the Gang Abatement and Prevention Act of 2007, and the last of which occurs not later than 5 years after the commission of a prior gang crime (excluding any time of imprisonment for that individual)).CommentsClose CommentsPermalink





`(2) GANG CRIME- The term `gang crime' means a felony offense under Federal or State law punishable by imprisonment for more than 1 year, in any of the following categories:CommentsClose CommentsPermalink





`(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, or extortion.CommentsClose CommentsPermalink





`(B) A crime involving obstruction of justice, or tampering with or retaliating against a witness, victim, or informant.CommentsClose CommentsPermalink





`(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)).CommentsClose CommentsPermalink





`(D) Any conduct punishable under--CommentsClose CommentsPermalink





`(i) section 844 (relating to explosive materials);CommentsClose CommentsPermalink





`(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), (i), (j), (k), (n), (o), (p), (q), (u), or (x) of section 922 (relating to unlawful acts);CommentsClose CommentsPermalink





`(iii) subsection (b), (c), (g), (h), (k), (l), (m), or (n) of section 924 (relating to penalties);CommentsClose CommentsPermalink





`(iv) section 930 (relating to possession of firearms and dangerous weapons in Federal facilities);CommentsClose CommentsPermalink





`(v) section 931 (relating to purchase, ownership, or possession of body armor by violent felons);CommentsClose CommentsPermalink





`(vi) sections 1028 and 1029 (relating to fraud and related activity in connection with identification documents or access devices);CommentsClose CommentsPermalink





`(vii) section 1084 (relating to transmission of wagering information);CommentsClose CommentsPermalink





`(viii) section 1952 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises);CommentsClose CommentsPermalink





`(ix) section 1956 (relating to the laundering of monetary instruments);CommentsClose CommentsPermalink





`(x) section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity); orCommentsClose CommentsPermalink





`(xi) sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property).CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(F) Any crime involving aggravated sexual abuse, pimping or promoting prostitution, obscenity (including sections 1461 through 1465), 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).CommentsClose CommentsPermalink





`(3) MINOR- The term `minor' means an individual who is less than 18 years of age.CommentsClose CommentsPermalink





`(4) SERIOUS VIOLENT FELONY- The term `serious violent felony' has the meaning given that term in section 3559.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`Sec. 522. Criminal street gang prosecutions

`(a) Street Gang Crime- It shall be unlawful for any person to knowingly commit, or conspire, 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, if the activities of that criminal street gang occur in or affect interstate or foreign commerce.CommentsClose CommentsPermalink





`(b) Penalty- Any person who violates subsection (a) shall be fined under this title and--CommentsClose CommentsPermalink





`(1) for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, imprisonment for any term of years or for life;CommentsClose CommentsPermalink





`(2) for any other serious violent felony, by imprisonment for not more than 30 years;CommentsClose CommentsPermalink





`(3) for any crime of violence that is not a serious violent felony, by imprisonment for not more than 20 years; andCommentsClose CommentsPermalink





`(4) for any other offense, by imprisonment for not more than 10 years.CommentsClose CommentsPermalink

`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, or cause another person to be or remain as a member of a criminal street gang, or attempt or conspire to do so, with the intent to cause that person to participate in an offense described in section 522, 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.CommentsClose CommentsPermalink





`(b) Penalties- Whoever violates subsection (a) shall--CommentsClose CommentsPermalink





`(1) if the person recruited, employed, solicited, induced, commanded, or caused to participate or remain in a criminal street gang is a minor--CommentsClose CommentsPermalink





`(A) be fined under this title, imprisoned not more than 20 years, or both; andCommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(2) if the person who recruits, employs, solicits, induces, commands, or causes the participation or remaining in a criminal street gang is incarcerated at the time the offense takes place, be fined under this title, imprisoned not more than 20 years, or both; andCommentsClose CommentsPermalink





`(3) in any other case, be fined under this title, imprisoned not more than 10 years, or both.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`Sec. 524. Violent crimes in furtherance of criminal street gangs

`(a) In General- It shall be unlawful for any person, for the purpose of gaining entrance to or maintaining or increasing position in, or in furtherance of, or in association with, a criminal street gang, or as consideration for anything of pecuniary value to or from a criminal street gang, to knowingly commit a crime of violence or threaten to commit a crime of violence against any individual, or attempt or conspire to do so, if the activities of the criminal state gang occur in or affect interstate or foreign commerce.CommentsClose CommentsPermalink





`(b) Penalty- Any person who violates subsection (a) shall be punished by a fine under this title and--CommentsClose CommentsPermalink





`(1) for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, by imprisonment for any term of years or for life;CommentsClose CommentsPermalink





`(2) for a serious violent felony other than one described in paragraph (1), by imprisonment for not more than 30 years; andCommentsClose CommentsPermalink





`(3) in any other case, by imprisonment for not more than 20 years.CommentsClose CommentsPermalink

`Sec. 525. Forfeiture

`(a) Criminal Forfeiture- A person who is convicted of a violation of this chapter shall forfeit to the United States--CommentsClose CommentsPermalink





`(1) any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, the violation; andCommentsClose CommentsPermalink





`(2) any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of the violation.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(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' .CommentsClose CommentsPermalink





(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), 523 (relating to recruitment of persons to participate in a criminal street gang), and 524 (relating to violent crimes in furtherance of criminal street gangs)' before `, section 541'.CommentsClose CommentsPermalink

TITLE II--VIOLENT CRIME REFORMS TO REDUCE GANG VIOLENCE

SEC. 201. VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.

Section 1959(a) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(A) by inserting `or in furtherance or in aid of an enterprise engaged in racketeering activity,' before `murders,'; andCommentsClose CommentsPermalink





(B) by inserting `engages in conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States,' before `maims,';CommentsClose CommentsPermalink





(2) in paragraph (1), by inserting `conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming,' after `kidnapping,';CommentsClose CommentsPermalink





(3) in paragraph (2), by striking `maiming' and inserting `assault resulting in serious bodily injury';CommentsClose CommentsPermalink





(4) in paragraph (3), by striking `or assault resulting in serious bodily injury';CommentsClose CommentsPermalink





(5) in paragraph (4)--CommentsClose CommentsPermalink





(A) by striking `five years' and inserting `10 years'; andCommentsClose CommentsPermalink





(B) by adding `and' at the end; andCommentsClose CommentsPermalink





(6) by striking paragraphs (5) and (6) and inserting the following:CommentsClose CommentsPermalink





`(5) for attempting or conspiring to commit any offense under this section, by the same penalties (other than the death penalty) as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.'.CommentsClose CommentsPermalink

SEC. 202. 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:CommentsClose CommentsPermalink

`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 felony crime of violence against any individual, for which imprisonment for a period longer than 1 year may be imposed, or threatens, attempts or conspires to do so, shall be punished by a fine under title 18, United States Code, and, in addition and consecutive to the punishment provided for the drug trafficking crime--CommentsClose CommentsPermalink





`(1) for murder, kidnapping, conduct that would violate section 2241 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, or maiming, by imprisonment for any term of years or for life;CommentsClose CommentsPermalink





`(2) for a serious violent felony (as defined in section 3559 of title 18, United States Code) other than one described in paragraph (1) by imprisonment for not more than 30 years;CommentsClose CommentsPermalink





`(3) for a crime of violence that is not a serious violent felony, by imprisonment for not more than 20 years; andCommentsClose CommentsPermalink





`(4) in any other case by imprisonment for not more than 10 years.CommentsClose CommentsPermalink





`(b) Venue- A prosecution for a violation of this section may be brought in--CommentsClose CommentsPermalink





`(1) the judicial district in which the murder or other crime of violence occurred; orCommentsClose CommentsPermalink





`(2) any judicial district in which the drug trafficking crime may be prosecuted.CommentsClose CommentsPermalink





`(c) Definitions- In this section--CommentsClose CommentsPermalink





`(1) the term `crime of violence' has the meaning given that term in section 16 of title 18, United States Code; andCommentsClose CommentsPermalink





`(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2) of title 18, United States Code.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents for the Controlled Substances Act is amended by inserting after the item relating to section 423, the following:CommentsClose CommentsPermalink





`Sec. 424. Murder and other violent crimes committed during and in relation to a drug trafficking crime.'.CommentsClose CommentsPermalink

SEC. 203. 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), or (g)(9) of section 922,'.CommentsClose CommentsPermalink

SEC. 204. 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:CommentsClose CommentsPermalink

`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 10 years after the date on which the alleged violation occurred or the continuing offense was completed.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`3299A. Violent crime offenses.'.CommentsClose CommentsPermalink

SEC. 205. STUDY OF HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.

The Committee on Rules, Practice, Procedure, and Evidence of the Judicial Conference of the United States shall study the necessity and desirability of amending section 804(b) of the Federal Rules of Evidence to permit the introduction of statements against a party by a witness who has been made unavailable where it is reasonably foreseeable by that party that wrongdoing would make the declarant unavailable.CommentsClose CommentsPermalink

SEC. 206. 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:CommentsClose CommentsPermalink





`(1) In the case of a person who violates section 922(g) 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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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 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 not less than 15 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).'.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 207. CONFORMING AMENDMENT.

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

SEC. 208. AMENDMENTS RELATING TO VIOLENT CRIME.

(a) Carjacking- Section 2119 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink





(A) by striking `, with the intent to cause death or serious bodily harm';CommentsClose CommentsPermalink





(B) by inserting `in the physical presence of, and causing a reasonable apprehension of fear in, another individual' after `by force and violence'; andCommentsClose CommentsPermalink





(C) by inserting `or conspires' after `attempts';CommentsClose CommentsPermalink





(2) in paragraph (1), by striking `15 years' and inserting `20 years'; andCommentsClose CommentsPermalink





(3) in paragraph (2), by striking `or imprisoned not more than 25 years, or both' and inserting `and imprisoned for any term of years or for life'.CommentsClose CommentsPermalink





(b) Clarification and Strengthening of Prohibition on Illegal Gun Transfers To Commit Drug Trafficking Crime or Crime of Violence- Section 924(h) of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(c) Amendment of Special Sentencing Provision Relating to Limitations on Criminal Association- Section 3582(d) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting `chapter 26 of this title (criminal street gang prosecutions) or in' after `felony set forth in'; andCommentsClose CommentsPermalink





(2) by inserting `a criminal street gang or' before `an illegal enterprise'.CommentsClose CommentsPermalink





(d) Conspiracy Penalty- Section 371 of title 18, United States Code, is amended by striking `five years, or both.' and inserting `20 years (unless the maximum penalty for the crime that served as the object of the conspiracy has a maximum penalty of imprisonment of less than 20 years, in which case the maximum penalty under this section shall be the penalty for such crime), or both. This paragraph does not supersede any other penalty specifically set forth for a conspiracy offense.'.CommentsClose CommentsPermalink

SEC. 209. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY ILLEGAL ALIENS.

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

`CHAPTER 52--ILLEGAL ALIENS

`Sec.CommentsClose CommentsPermalink





`1131. Enhanced penalties for certain crimes committed by illegal aliens.CommentsClose CommentsPermalink

`Sec. 1131. Enhanced penalties for certain crimes committed by illegal aliens

`(a) In General- Whoever, being an alien who is 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), knowingly commits, conspires, or attempts to commit a felony crime of violence for which imprisonment for a period of more than 1 year may be imposed, or a drug trafficking crime (as defined in section 924(c)), shall be fined under this title, imprisoned not more than 20 years, or both.CommentsClose CommentsPermalink





`(b) Previously Ordered Removed- If the defendant in a prosecution under subsection (a) was previously ordered removed under the Immigration and Nationality Act on the grounds of having committed a crime, the defendant shall be fined under this title, imprisoned not more than 30 years, or both.CommentsClose CommentsPermalink





`(c) Running of Sentence- A term of imprisonment imposed for an offense pursuant to this section may not run concurrently with any other sentence of imprisonment imposed for another offense.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink

1131'.CommentsClose CommentsPermalink

SEC. 210. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL PENALTIES.

The Attorney General is authorized to conduct media campaigns in any area designated as a high intensity interstate gang activity area under section 301 and any area with existing and emerging problems with gangs, as needed, to educate individuals in that area about the changes in criminal penalties made by this Act, and 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 campaign.CommentsClose CommentsPermalink

SEC. 211. STATUTE OF LIMITATIONS FOR TERRORISM OFFENSES.

Section 3286(a) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in the subsection heading, by striking `Eight-Year' and inserting `Ten-Year'; andCommentsClose CommentsPermalink





(2) in the first sentence, by striking `8 years' and inserting `10 years'.CommentsClose CommentsPermalink

SEC. 212. CRIMES COMMITTED IN INDIAN COUNTRY OR EXCLUSIVE FEDERAL JURISDICTION AS RACKETEERING PREDICATES.

Section 1961(1)(A) of title 18, United States Code, is amended by inserting `, or would have been so chargeable if the act or threat (other than gambling) 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'.CommentsClose CommentsPermalink

SEC. 213. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.

Section 2516(1) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `or' and the end of paragraph (r);CommentsClose CommentsPermalink





(2) by redesignating paragraph (s) as paragraph (u); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (r) the following:CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(t) any violation of section 522, 523, or 524 (relating to criminal street gangs); or'.CommentsClose CommentsPermalink

SEC. 214. CLARIFICATION OF HOBBS ACT.

Section 1951(b) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(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,'; andCommentsClose CommentsPermalink





(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,'.CommentsClose CommentsPermalink

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

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

(a) Definitions- In this section:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) HIGH INTENSITY INTERSTATE GANG ACTIVITY AREA- The term `high intensity interstate gang activity area' or `HIIGAA' means an area within a State or Indian country that is designated as a high intensity interstate gang activity area under subsection (b)(1).CommentsClose CommentsPermalink





(3) INDIAN COUNTRY- The term `Indian country' has the meaning given the term in section 1151 of title 18, United States Code.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) TRIBAL LEADER- The term `tribal leader' means the chief executive officer representing the governing body of an Indian tribe.CommentsClose CommentsPermalink





(b) High Intensity Interstate Gang Activity Areas-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) ASSISTANCE- In order to provide Federal assistance to high intensity interstate gang activity areas, the Attorney General shall--CommentsClose CommentsPermalink





(A) establish local collaborative working groups, which shall include--CommentsClose CommentsPermalink





(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 interstate gang activity area;CommentsClose CommentsPermalink





(ii) school, community, and faith leaders in the area; andCommentsClose CommentsPermalink





(iii) service providers in the community, including those experienced at reaching youth who have been involved in violence and violent gangs or groups, 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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) provide all necessary funding for the operation of each local collaborative working group in each high intensity interstate gang activity area; andCommentsClose CommentsPermalink





(D) provide all necessary funding for national and regional meetings of local collaborative working groups, criminal street gang enforcement teams, 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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the Federal Bureau of Investigation;CommentsClose CommentsPermalink





(B) the Drug Enforcement Administration;CommentsClose CommentsPermalink





(C) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;CommentsClose CommentsPermalink





(D) the United States Marshals Service;CommentsClose CommentsPermalink





(E) the Department of Homeland Security;CommentsClose CommentsPermalink





(F) the Department of Housing and Urban Development;CommentsClose CommentsPermalink





(G) State, local, and, where appropriate, tribal law enforcement;CommentsClose CommentsPermalink





(H) Federal, State, and local prosecutors; andCommentsClose CommentsPermalink





(I) the Bureau of Indian Affairs, Office of Law Enforcement Services, where appropriate.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the current and predicted levels of gang crime activity in the area;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(C) the extent to which State, local, and, where appropriate, tribal law enforcement agencies have committed resources to--CommentsClose CommentsPermalink





(i) respond to the gang crime problem; andCommentsClose CommentsPermalink





(ii) participate in a gang enforcement team;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(E) any other criteria that the Attorney General considers to be appropriate.CommentsClose CommentsPermalink





(5) RELATION TO HIDTAS- If the Attorney General establishes a high intensity interstate 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 interstate gang activity area to enter into an agreement with the Executive Board for that HIDTA, providing that--CommentsClose CommentsPermalink





(A) the Executive Board of that HIDTA shall establish a separate high intensity interstate 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 interstate gang activity area) the members of that committee, subject to the concurrence of the Attorney General;CommentsClose CommentsPermalink





(B) the high intensity interstate 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;CommentsClose CommentsPermalink





(C) the high intensity interstate 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 interstate gang activity area, the members of the Criminal Street Gang Enforcement Team; andCommentsClose CommentsPermalink





(D) the Criminal Street Gang Enforcement Team of that high intensity interstate gang activity area, and its law enforcement steering committee, may, with approval of the Executive Board of the HIDTA with which it overlaps, utilize the intelligence-sharing, administrative, and other resources of that HIDTA.CommentsClose CommentsPermalink





(c) Reporting Requirements- Not later than February 1 of each year, the Attorney General shall provide a report to Congress which describes, for each designated high intensity interstate gang activity area--CommentsClose CommentsPermalink





(1) the specific long-term and short-term goals and objectives;CommentsClose CommentsPermalink





(2) the measurements used to evaluate the performance of the high intensity interstate gang activity area in achieving the long-term and short-term goals;CommentsClose CommentsPermalink





(3) the age, composition, and membership of gangs;CommentsClose CommentsPermalink





(4) the number and nature of crimes committed by gangs; andCommentsClose CommentsPermalink





(5) the definition of the term gang used to compile this report.CommentsClose CommentsPermalink





(d) National Gang Activity Database-CommentsClose CommentsPermalink





(1) IN GENERAL- From amounts made available to carry out this section, the Attorney General shall establish a National Gang Activity Database to be housed at and administered by the Federal Bureau of Investigation.CommentsClose CommentsPermalink





(2) DESCRIPTION- The database required by paragraph (1) shall--CommentsClose CommentsPermalink





(A) be designed to disseminate gang information to law enforcement agencies throughout the country;CommentsClose CommentsPermalink





(B) contain critical information on gangs, gang members, firearms, criminal activities, vehicles, and other information useful for investigators in solving gang-related crimes; andCommentsClose CommentsPermalink





(C) operate in a manner that enables law enforcement agencies to--CommentsClose CommentsPermalink





(i) identify gang members involved in crimes;CommentsClose CommentsPermalink





(ii) track the movement of gangs and members throughout the region;CommentsClose CommentsPermalink





(iii) coordinate law enforcement response to gang violence;CommentsClose CommentsPermalink





(iv) enhance officer safety;CommentsClose CommentsPermalink





(v) provide realistic, up to date figures and statistical data on gang crime and violence;CommentsClose CommentsPermalink





(vi) forecast trends and respond accordingly; andCommentsClose CommentsPermalink





(vii) more easily solve crimes and prevent violence.CommentsClose CommentsPermalink





(e) Additional Assistant United States 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.CommentsClose CommentsPermalink





(f) National Gang Research, Evaluation, and Policy Institute-CommentsClose CommentsPermalink





(1) IN GENERAL- The Bureau of Justice Assistance of the Department of Justice, after consulting with relevant with law enforcement officials, practitioners and researchers, shall establish a National Gang Research, Evaluation, and Policy Institute (in this subsection referred to as the `Institute').CommentsClose CommentsPermalink





(2) ACTIVITIES- The Institute shall promote and facilitate the implementation of effective gang violence prevention models, including the Operation Ceasefire gang violence prevention strategy and other effective strategies to prevent gang violence. The Institute shall assist jurisdictions in designing and implementing effective local strategies, and shall provide technical assistance and conduct research in support of its mission.CommentsClose CommentsPermalink





(3) NATIONAL CONFERENCE- Not later than 90 days after the date of its formation, the Institute shall design and conduct a national conference to prevent gang violence, and to teach and promote gang violence prevention strategies. The conference shall be attended by appropriate representatives from criminal street enforcement teams, and local collaborative working groups, including community, religious, and social service organizations.CommentsClose CommentsPermalink





(4) NATIONAL DEMONSTRATION SITES- Not later than 120 days after the date of its formation, the Institute shall select appropriate HIIGAA areas to serve as primary national demonstration sites, based on the nature, concentration and distribution of various gang types, and the range of particular gang-related issues. The Institute shall thereafter establish such other, secondary sites, to be linked to and receive technical assistance through the primary sites, as it may deem appropriate.CommentsClose CommentsPermalink





(5) DISSEMINATION OF INFORMATION- Not later than 180 days after the date of its formation, the Institute shall develop and begin dissemination of information, 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.CommentsClose CommentsPermalink





(6) SUPPORT- The Institute shall obtain initial and continuing support from experienced researchers and practitioners, as it deems necessary, to assist in implementing its strategies nationally, regionally, and locally.CommentsClose CommentsPermalink





(7) RESEARCH AGENDA- The Institute shall establish and implement a core research agenda designed to address areas of particular challenge, including--CommentsClose CommentsPermalink





(A) how best to apply Operation Ceasefire or other successful models to particularly large jurisdictions;CommentsClose CommentsPermalink





(B) how to foster and maximize the continuing impact of community moral voices in this context;CommentsClose CommentsPermalink





(C) how to ensure the long-term sustainability of reduced violent crime levels once initial levels of enthusiasm may subside; andCommentsClose CommentsPermalink





(D) how to apply existing intervention frameworks to emerging regional or national gang problems, such as the emergence of the gang known as MS-13.CommentsClose CommentsPermalink





(8) EVALUATION- The National Institute of Justice shall evaluate, on a continuing basis, gang violence prevention 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.CommentsClose CommentsPermalink





(9) 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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) 50 percent shall be used for the operation of criminal street gang enforcement teams; andCommentsClose CommentsPermalink





(2) 50 percent shall be used--CommentsClose CommentsPermalink





(A) 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--CommentsClose CommentsPermalink





(i) service providers in the community, including schools and school districts; andCommentsClose CommentsPermalink





(ii) faith leaders and other individuals experienced at reaching youth who have been involved in violence and violent gangs or groups;CommentsClose CommentsPermalink





(B) for the establishment and operation of the National Gang Research, Evaluation, and Policy Institute; andCommentsClose CommentsPermalink





(C) to support and provide technical assistance to research in criminal justice, social services, and community gang violence prevention collaborations.CommentsClose CommentsPermalink





(h) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2008 through 2012. Any funds made available under this subsection shall remain available until expended.CommentsClose CommentsPermalink

SEC. 302. 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--CommentsClose CommentsPermalink





(1) identify, investigate, and prosecute significant criminal street gangs operating within their district; andCommentsClose CommentsPermalink





(2) coordinate the identification, investigation, and prosecution of criminal street gangs among Federal, State, and local law enforcement agencies.CommentsClose CommentsPermalink





(b) Additional Staff for Project Safe Neighborhoods-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $20,000,000 for each of fiscal years 2008 through 2012 to carry out this section. Any funds made available under this paragraph shall remain available until expended.CommentsClose CommentsPermalink

SEC. 303. 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 is authorized to require the Federal Bureau of Investigation to--CommentsClose CommentsPermalink





(1) increase funding for the Safe Streets Program; andCommentsClose CommentsPermalink





(2) support criminal street gang enforcement teams.CommentsClose CommentsPermalink





(b) Authorization of Appropriations-CommentsClose CommentsPermalink





(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 fiscal years 2008 through 2012 to carry out the Safe Streets Program.CommentsClose CommentsPermalink





(2) AVAILABILITY- Any amounts appropriated under paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink

SEC. 304. 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--CommentsClose CommentsPermalink





(1) in paragraph (3), by striking `and' at the end;CommentsClose CommentsPermalink





(2) in paragraph (4), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(5) to hire additional prosecutors to--CommentsClose CommentsPermalink





`(A) allow more cases to be prosecuted; andCommentsClose CommentsPermalink





`(B) reduce backlogs; andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink

`SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

`There are authorized to be appropriated $20,000,000 for each of the fiscal years 2008 through 2012 to carry out this subtitle.'.CommentsClose CommentsPermalink

SEC. 305. SHORT-TERM STATE WITNESS PROTECTION SECTION.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 37 of title 28, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink





`(b) Eligibility- The Short-Term State Witness Protection Section shall give priority in awarding grants and providing services to criminal prosecutor's offices in States with an average of not less than 100 murders per year during the 5-year period immediately preceding an application for protection, as calculated using the latest available crime statistics from the Federal Bureau of Investigation.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`570. Short-Term State Witness Protection Section.'.CommentsClose CommentsPermalink





(b) Grant Program-CommentsClose CommentsPermalink





(1) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





(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 that is located in a State with an average of not less than 100 murders per year during the most recent 5-year period, as calculated using the latest available crime statistics from the Federal Bureau of Investigation; andCommentsClose CommentsPermalink





(B) the term `serious violent felony' has the same meaning as in section 3559(c)(2) of title 18, United States Code.CommentsClose CommentsPermalink





(2) GRANTS AUTHORIZED-CommentsClose CommentsPermalink





(A) IN GENERAL- The Attorney General is authorized to make grants to eligible prosecutor's offices for the purpose of providing short term protection to witnesses in trials involving homicide or serious violent felony.CommentsClose CommentsPermalink





(B) ALLOCATION- Each eligible prosecutor's office receiving a grant under this subsection may either--CommentsClose CommentsPermalink





(i) use the grant to provide witness protection; orCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) APPLICATION-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(B) CONTENTS- Each application submitted under subparagraph (A) shall--CommentsClose CommentsPermalink





(i) describe the activities for which assistance under this subsection is sought; andCommentsClose CommentsPermalink





(ii) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this subsection.CommentsClose CommentsPermalink





(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this subsection $90,000,000 for each of fiscal years 2008 through 2010.CommentsClose CommentsPermalink

SEC. 306. 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:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

SEC. 307. 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'.CommentsClose CommentsPermalink

SEC. 308. FAMILY ABDUCTION PREVENTION GRANT PROGRAM.

(a) State Grants- The Attorney General is authorized to make grants to States for projects involving--CommentsClose CommentsPermalink





(1) the extradition of individuals suspected of committing a family abduction;CommentsClose CommentsPermalink





(2) the investigation by State and local law enforcement agencies of family abduction cases;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) outreach and media campaigns to educate parents on the dangers of family abductions; andCommentsClose CommentsPermalink





(5) the flagging of school records.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Definitions- In this section:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $500,000 for fiscal year 2008 and such sums as may be necessary for each of fiscal years 2009 and 2010.CommentsClose CommentsPermalink