Gang Activity Reporting Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 3769 To amend title 28, United States Code, to require the Attorney General to submit an annual report to Congress on gang activity, reporting, investigation, and prosecution, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 31, 2023 Mrs. HINSON (for herself, Ms. KAPTUR, and Mr. RUPPERSBERGER) intro- duced the following bill; which was referred to the Committee on the Ju- diciary A BILL To amend title 28, United States Code, to require the Attor- ney General to submit an annual report to Congress on gang activity, reporting, investigation, and prosecu- tion, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Gang Activity Report- 4 ing Act of 2023’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 00:21 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3769.IH H3769 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3769 IH (1) The United States is experiencing an un- 1 precedented surge in violent crime, including an in- 2 crease of more than 30 percent in the rate of mur- 3 ders since 2020. 4 (2) The most recent Department of Justice 5 data regarding gangs and criminal activity, pub- 6 lished in the 2011 National Gang Threat Assess- 7 ment, indicated that gangs were responsible for an 8 average of 48 percent of violent crime in the United 9 States. 10 (3) Up-to-date, accurate, and consistent report- 11 ing from the relevant Federal agencies relating to 12 gang activity in the United States is a foundational 13 element in enabling policymakers to enact effective, 14 evidence-based policy that protects the people of the 15 United States from gang activity. 16 SEC. 3. GANG REPORTING REQUIREMENT. 17 (a) IN GENERAL.—Chapter 31 of title 28, United 18 States Code, is amended by adding at the end the fol- 19 lowing: 20 ‘‘§ 530E. Report on gang activity, reporting, investiga- 21 tion, and prosecution 22 ‘‘(a) REPORT.— 23 ‘‘(1) IN GENERAL.—Not later than 150 days 24 after the date of enactment of the Gang Activity Re- 25 VerDate Sep 11 2014 00:21 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3769.IH H3769 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3769 IH porting Act of 2023, and not later than the last day 1 of each fiscal year beginning after the date of enact- 2 ment, the Attorney General shall, in conjunction 3 with the Secretary of Homeland Security and the 4 Director of the Federal Bureau of Investigation, and 5 in coordination with State and local law enforcement 6 agencies, submit to the Committee on the Judiciary 7 and the Committee on Appropriations of the Senate 8 and the Committee on the Judiciary and the Com- 9 mittee on Appropriations of the House of Represent- 10 atives a report on gang activity, reporting, investiga- 11 tion, and prosecution. 12 ‘‘(2) CONTENTS.—The report described in 13 paragraph (1) shall include information relating 14 to— 15 ‘‘(A) the growth of local, national, and 16 transnational gangs during the 10-fiscal-year 17 period preceding the date on which the report 18 is submitted (referred to in this section as the 19 ‘submission date’)— 20 ‘‘(i) with specific numerical data; 21 ‘‘(ii) including changes and trends in 22 gang membership, location, and activities 23 and enterprises; and 24 VerDate Sep 11 2014 00:21 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3769.IH H3769 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3769 IH ‘‘(iii) including relevant data from 1 State and local law enforcement agencies; 2 ‘‘(B) the tools, methods, or networks that 3 gangs are using to commit certain crimes, in- 4 cluding— 5 ‘‘(i) the extent to which gangs cooper- 6 ate; and 7 ‘‘(ii) an assessment of the kinds of 8 crimes on which gangs cooperate; 9 ‘‘(C) whether and to what extent State- 10 based reporting issues affect Federal data col- 11 lection and accuracy; 12 ‘‘(D) the initiatives the Department of 13 Justice, Department of Homeland Security, and 14 Federal Bureau of Investigation undertook dur- 15 ing the 5-fiscal-year period preceding the sub- 16 mission date to track gang growth and gang ac- 17 tivity and to investigate and prosecute related 18 unlawful activity, including— 19 ‘‘(i) the date on which each initiative 20 was undertaken; and 21 ‘‘(ii) if applicable, the date on which 22 each initiative was ended, with a detailed 23 explanation as to why the initiative was 24 ended; 25 VerDate Sep 11 2014 00:21 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3769.IH H3769 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3769 IH ‘‘(E) the Federal resources allocated by 1 each agency described in subparagraph (D) to 2 investigating, prosecuting, and containing gangs 3 as of the submission date; 4 ‘‘(F) gang enforcement statistics from the 5 last fiscal year ending before the submission 6 date, including the quantity, changes, and 7 trends in— 8 ‘‘(i) gang-related arrests, including 9 comparisons to gang-related arrests during 10 the 5-fiscal-year period preceding the ap- 11 plicable fiscal year; 12 ‘‘(ii) the number of juveniles arrested 13 as a result of gang-related activity; 14 ‘‘(iii) the number of firearms seized by 15 law enforcement agencies during gang en- 16 forcement operations, including the num- 17 ber of firearms seized from juveniles; and 18 ‘‘(iv) the amount in weight of 19 fentanyl, methamphetamine, and other 20 synthetic opioids seized by law enforcement 21 agencies during gang enforcement oper- 22 ations, including the amount of fentanyl, 23 methamphetamine, and other synthetic 24 opioids seized from juveniles; 25 VerDate Sep 11 2014 00:21 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3769.IH H3769 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3769 IH ‘‘(G) the data collection procedures utilized 1 by each agency described in subparagraph (D); 2 and 3 ‘‘(H) any changes to data collection proce- 4 dures of an agency described in subparagraph 5 (D) during the 18-month period preceding the 6 submission date, including explanations as to 7 why any procedures were changed. 8 ‘‘(b) CLASSIFICATION.—The report submitted under 9 subsection (a), or a portion thereof, may be classified, as 10 determined appropriate by the Attorney General, the Sec- 11 retary of Homeland Security, and the Director of the Fed- 12 eral Bureau of Investigation.’’. 13 (b) TECHNICAL AMENDMENT.—The table of sections 14 for chapter 31 of title 28, United States Code, is amended 15 by adding at the end the following: 16 ‘‘530E. Report on gang activity, reporting, investigation, and prosecution.’’. Æ VerDate Sep 11 2014 00:21 Jun 21, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H3769.IH H3769 pbinns on DSKJLVW7X2PROD with $$_JOB