[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1735 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1735

    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 reform and facilitate prosecution of juvenile gang 
     members who commit violent crimes, to expand and improve gang 
              prevention programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 15, 2003

  Mr. Hatch (for himself, Mrs. Feinstein, Mr. Grassley, Mr. Graham of 
    South Carolina, Mr. Chambliss, and Mr. Campbell) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Gang Prevention 
and Effective Deterrence Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

Sec. 100. Short title.
 Subtitle A--Criminal Law Reforms and Enhanced Penalties To Deter and 
                  Punish Illegal Street Gang Activity

Sec. 101. Solicitation or recruitment of persons in criminal street 
                            gang activity.
Sec. 102. Criminal street gangs.
Sec. 103. Violent crimes in furtherance or in aid of criminal street 
                            gangs.
Sec. 104. Interstate and foreign travel or transportation in aid of 
                            criminal street gangs.
Sec. 105. Amendments relating to violent crime in areas of exclusive 
                            Federal jurisdiction.
Sec. 106. Increased penalties for use of interstate commerce facilities 
                            in the commission of murder-for-hire and 
                            other felony crimes of violence.
Sec. 107. Increased penalties for violent crimes in aid of racketeering 
                            activity.
Sec. 108. Murder and other violent crimes committed during and in 
                            relation to a drug trafficking crime.
Sec. 109. Sentencing guidelines for gang crimes, including an increase 
                            in offense level for participation in crime 
                            as a gang member.
 Subtitle B--Increased Federal Resources To Deter and Prevent At-Risk 
                Youth From Joining Illegal Street Gangs

Sec. 110. Designation of and assistance for ``high intensity'' 
                            interstate gang activity areas.
Sec. 111. Enhancement of project safe neighborhoods initiative to 
                            improve enforcement of criminal laws 
                            against violent gangs.
Sec. 112. Additional resources needed by the Federal Bureau of 
                            Investigation to investigate and prosecute 
                            violent criminal street gangs.
Sec. 113. Grants to State and local prosecutors to combat violent crime 
                            and to protect witnesses and victims of 
                            crimes.
  TITLE II--VIOLENT CRIME REFORMS NEEDED TO DETER AND PREVENT ILLEGAL 
                               GANG CRIME

Sec. 201. Multiple interstate murder.
Sec. 202. Expansion of rebuttable presumption against release of 
                            persons charged with firearms offenses.
Sec. 203. Venue in capital cases.
Sec. 204. Statute of limitations for violent crime.
Sec. 205. Predicate crimes for authorization of interception of wire, 
                            oral, and electronic communications.
Sec. 206. Clarification of definition of crime of violence.
Sec. 207. Clarification to hearsay exception for forfeiture by 
                            wrongdoing.
Sec. 208. Clarification of venue for retaliation against a witness.
Sec. 209. Amendment of sentencing guidelines relating to certain gang 
                            and violent crimes.
Sec. 210. Increased penalties for criminal use of firearms in crimes of 
                            violence and drug trafficking.
Sec. 211. Conforming amendment.
         TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

Sec. 301. Treatment of Federal juvenile offenders.
Sec. 302. Notification after arrest.
Sec. 303. Release and detention prior to disposition.
Sec. 304. Speedy trial.
Sec. 305. Use of juvenile records.
Sec. 306. Federal sentencing guidelines.

              TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

SEC. 100. SHORT TITLE.

    This title may be cited as the ``Criminal Street Gang Abatement 
Act''.

 Subtitle A--Criminal Law Reforms and Enhanced Penalties To Deter and 
                  Punish Illegal Street Gang Activity

SEC. 101. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL STREET 
              GANG ACTIVITY.

    Chapter 26 of title 18, United States Code, is amended by adding at 
the end the following:
``Sec. 522. Recruitment of persons to participate in a criminal street 
              gang
    ``(a) Prohibited Acts.--It shall be unlawful for any person to use 
any facility in, or travel in, interstate or foreign commerce, or cause 
another to do so, in order to recruit, employ, solicit, induce, 
command, or cause another person to be or remain as a member of a 
criminal street gang, or conspire to do so, with the intent that the 
person being recruited, solicited, induced, commanded, or caused to be 
or remain a member of such gang participate in an offense described in 
section 521(b).
    ``(b) Penalties.--Any person who violates subsection (a) shall--
            ``(1) be imprisoned not more than 10 years, fined under 
        this title, or both; and
            ``(2) if the person recruited, solicited, induced, 
        commanded, or caused to participate in a criminal street gang 
        is a minor--
                    ``(A) be imprisoned for not less than 3 years and 
                not more than 10 years, fined under this title, or 
                both; and
                    ``(B) at the discretion of the sentencing judge, be 
                liable for any costs incurred by the Federal 
                Government, or by any State or local government, for 
                housing, maintaining, and treating the person until the 
                person attains the age of 18 years.''.

SEC. 102. CRIMINAL STREET GANGS.

    (a) Criminal Street Gang Prosecutions.--Section 521 of title 18, 
United States Code, is amended to read as follows:
``Sec. 521. Criminal street gang prosecutions
    ``(a) Definitions.--As used in this chapter:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' means a formal or informal group, club, organization, or 
        association of 3 or more individuals, who act in concert, or 
        agree to act in concert, with a purpose that any of these 
        persons alone, or in any combination, commit or will commit, 2 
        or more predicate gang crimes, 1 of which occurs after the date 
        of enactment of The Gang Prevention and Effective Deterrence 
        Act of 2003 and the last of which occurs not later than 10 
        years (excluding any period of imprisonment) after the 
        commission of a prior predicate gang crime, provided that the 
        activities of the criminal street gang affect interstate or 
        foreign commerce.
            ``(2) Predicate gang crime.--The term `predicate gang 
        crime' means--
                    ``(A) any act or threat, or attempted act or 
                threat, which is chargeable under Federal or State law 
                and punishable by imprisonment for more than 1 year, 
                involving murder, attempted murder, manslaughter, 
gambling, kidnapping, robbery, extortion, arson, obstruction of 
justice, tampering with or retaliating against a witness, victim, or 
informant, burglary, sexual assault, carjacking, or manufacturing, 
importing, distributing, possessing with intent to distribute, or 
otherwise dealing in a controlled substance or listed chemicals (as 
those terms are defined in section 102 of the Controlled Substances Act 
(21 U.S.C. 802));
                    ``(B) any act punishable by imprisonment for more 
                than 1 year under section 844 (relating to explosive 
                materials), section 922(g)(1) (where the underlying 
                conviction is a serious violent felony (as defined in 
                section 3559(c)(2)(F) of this title) or is a serious 
                drug offense (as defined in section 942(e)(2)(A) of 
                this title), or subsection (a)(2), (b), (c), (g), or 
                (h) of section 924 (relating to receipt, possession, 
                and transfer of firearms), sections 1028 and 1029 
                (relating to fraud and related activity in connection 
                with identification documents or access devices), 
                section 1503 (relating to obstruction of justice), 
                section 1510 (relating to obstruction of criminal 
                investigations), section 1512 (relating to tampering 
                with a witness, victim, or informant), or section 1513 
                (relating to retaliating against a witness, victim, or 
                informant), section 1951 (relating to interference with 
                commerce, robbery or extortion), section 1952 (relating 
                to racketeering), section 1956 (relating to the 
                laundering of monetary instruments), section 1957 
                (relating to engaging in monetary transactions in 
                property derived from specified unlawful activity), 
                section 1958 (relating to use of interstate commerce 
                facilities in the commission of murder-for-hire), 
                sections 2312 through 2315 (relating to interstate 
                transportation of stolen motor vehicles or stolen 
                property); or
                    ``(C) any act involving the Immigration and 
                Nationality Act, section 274 (relating to brining 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).
            ``(3) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United States.
    ``(b) Illegal Participation in Criminal Street Gangs.--It shall be 
unlawful--
            ``(1) to participate in a criminal street gang by 
        committing, or conspiring or attempting to commit, 2 or more 
        predicate gang crimes--
                    ``(A) in furtherance or in aid of the activities of 
                a criminal street gang; or
                    ``(B) for the purpose of gaining entrance to or 
                maintaining or increasing position in such a gang; or
            ``(2) to employ, use, command, counsel, persuade, induce, 
        entice, or coerce any individual to commit, cause to commit, or 
        facilitate the commission of, a predicate gang crime--
                    ``(A) in furtherance or in aid of the activities of 
                a criminal street gang; or
                    ``(B) for the purpose of gaining entrance to or 
                maintaining or increasing position in such a gang.
    ``(c) Penalties.--
            ``(1) Imprisonment of up to 30 years or life.--Any person 
        who violates paragraph (1) of subsection (b)--
                    ``(A) shall be imprisoned not more than 30 years;
                    ``(B) if the violation is based on a predicate gang 
                crime for which the maximum penalty includes life 
                imprisonment, shall be imprisoned for any term of years 
                or for life; and
                    ``(C) if the person commits such a violation after 
                1 or more prior convictions for such a predicate gang 
                crime, that is not part of the instant violation, shall 
                be imprisoned for any term of years not less than 15 
                years or for life.
            ``(2) Imprisonment of up to 20 years.--
                    ``(A) In general.--A person who violates subsection 
                (b)(2) shall be imprisoned for not more than 20 years, 
                fined under this title, or both.
                    ``(B) Subject is a minor.--If the person who was 
                the subject of the violation under subsection (b)(2) 
                was less than 18 years of age at the time of the 
                violation, the person committing the violation shall be 
                imprisoned for not less than 10 years.
                    ``(C) Consecutive terms.--A term of imprisonment 
                under this paragraph shall run consecutively to any 
                other term of imprisonment, including that imposed for 
                any other violation of this chapter.
            ``(3) Additional penalties.--In addition to any other 
        penalty authorized by this section--
                    ``(A) a person who violates paragraph (1) or (2) of 
                subsection (b), 1 of whose predicate gang crimes 
                involves murder or conspiracy to commit murder which 
                results in the taking of a life, shall be punished by 
                death or by imprisonment for any term of years or for 
                life;
                    ``(B) a person who violates paragraph (1) or (2) of 
                subsection (b), 1 of whose predicate gang crimes 
                involves attempted murder or conspiracy to commit 
                murder, shall be imprisoned for not more than 30 years; 
                and
                    ``(C) a person who violates paragraph (1) or (2) of 
                subsection (b), and who at the time of the offense 
                occupied a position of organizer, leader, supervisor, 
                manager, or other position of management in the 
                criminal street gang involved in such violation, shall 
                be imprisoned for any term of years not less than 15 
                years or for life.
    ``(d) Forfeiture.--
            ``(1) In general.--A person who violates any provision of 
        this section shall, in addition to any other penalty and 
irrespective of any provision of State law, forfeit to the United 
States--
                    ``(A) any property constituting, or derived from, 
                any proceeds the person obtained, directly or 
                indirectly, as a result of the violation; and
                    ``(B) any property used, or intended to be used, in 
                any manner or part, to commit, or to facilitate the 
                commission of, the violation.
            ``(2) Application of controlled substances act.--
        Subsections (b), (c), (e), (f), (g), (h), (i), (j), (k), (l), 
        (m), (n), (o), and (p) of section 413 of the Controlled 
        Substances Act (21 U.S.C. 853) shall apply to a forfeiture 
        under this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 26 of title 18, United States Code, is amended to read as 
follows:

``521. Criminal street gang prosecutions.''.

SEC. 103. VIOLENT CRIMES IN FURTHERANCE OR IN AID OF CRIMINAL STREET 
              GANGS.

    (a) Violent Crimes and Criminal Street Gang Recruitment.--Chapter 
26 of title 18, United States Code, as amended by section 101, is 
amended by adding at the end the following:
``Sec. 523. Violent crimes in furtherance or in aid of a criminal 
              street gang
    ``(a) Any person who, in furtherance or in aid of a criminal street 
gang, murders, kidnaps, sexually assaults, maims, assaults with a 
dangerous weapon, commits assault resulting in serious bodily injury 
upon, or threatens to commit a crime of violence against any 
individual, or attempts or conspires to do so, shall be punished, in 
addition and consecutive to the punishment provided for any other 
violation of this chapter--
            ``(1) for murder, by death or imprisonment for any term of 
        years or for life, a fine under this title, or both;
            ``(2) for kidnapping or sexual assault, by imprisonment for 
        any term of years or for life, a fine under this title, or 
        both;
            ``(3) for maiming, by imprisonment for any term of years or 
        for life, a fine under this title, or both;
            ``(4) for assault with a dangerous weapon or assault 
        resulting in serious bodily injury, by imprisonment for not 
        more than 30 years, a fine under this title, or both;
            ``(5) for threatening to commit a crime of violence 
        specified in paragraphs (1) through (4), by imprisonment for 
        not more than 10 years, a fine under this title, or both;
            ``(6) for attempting or conspiring to commit murder, 
        kidnapping, maiming, or sexual assault, by imprisonment for not 
        more than 30 years, a fine under this title, or both; and
            ``(7) for attempting or conspiring to commit a crime 
        involving assault with a dangerous weapon or assault resulting 
        in serious bodily injury, by imprisonment for not more than 20 
        years, a fine under this title, or both.
    ``(b) Definitions.--In this section:
            ``(1) Criminal street gang.--The term `criminal street 
        gang' has the same meaning as in section 521 of this title.
            ``(2) Minor.--The term `minor' means a person who is less 
        than 18 years of age.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 26 of title 18, United States Code, is amended by adding at the 
end the following:

``522. Recruitment of persons to participate in a criminal street gang.
``523. Violent crimes in furtherance of a criminal street gang.''.

SEC. 104. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF 
              CRIMINAL STREET GANGS.

    Section 1952 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``and thereafter performs or 
                attempts to perform'' and inserting ``and thereafter 
                performs, or attempts or conspires to perform'';
                    (B) by striking ``5 years'' and inserting ``10 
                years''; and
                    (C) by inserting ``punished by death or'' after 
                ``if death results shall be'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Whoever travels in interstate or foreign commerce or uses the 
mail or any facility in interstate or foreign commerce, with the intent 
to bribe, force, intimidate, or threaten any person, to delay or 
influence the testimony of, or prevent from testifying, a witness in a 
State criminal proceeding, or by any such means to cause any person to 
destroy, alter, or conceal a record, document, or other object, with 
intent to impair the object's integrity or availability for use in such 
a proceeding, and thereafter performs, or attempts or conspires to 
perform, an act described in this subsection, shall--
            ``(1) be fined under this title, imprisoned for any term of 
        years, or both; and
            ``(2) if death results, be punished by death or 
        imprisonment for any term of years or for life.''; and
            (4) in subsection (c)(2), as redesignated under 
        subparagraph (B), by inserting ``intimidation of, or 
        retaliation against, a witness, victim, juror, or informant,'' 
        after ``extortion, bribery,''.

SEC. 105. AMENDMENTS RELATING TO VIOLENT CRIME IN AREAS OF EXCLUSIVE 
              FEDERAL JURISDICTION.

    (a) Assault Within Maritime and Territorial Jurisdiction of United 
States.--Section 113(a)(3) of title 18, United States Code, is amended 
by striking ``with intent to do bodily harm, and without just cause or 
excuse''.
    (b) Conspiracy.--Section 371 of title 18, United States Code, is 
amended--
            (1) by striking ``If two'' and inserting ``(a) If 2'';
            (2) by striking ``each shall be fined under this title or 
        imprisoned not more than five years, or both.'' and inserting 
the following: ``each person shall--
            ``(1) be fined or imprisoned, or both, as set forth in the 
        specific substantive offense which was the object of the 
        conspiracy; or
            ``(2) if paragraph (1) does not apply, be fined under this 
        title or imprisoned for not more than 10 years, or both.''; and
            (3) by striking ``If, however,'' and inserting ``(b) If''.
    (c) Manslaughter.--Section 1112(b) of title 18, United States Code, 
is amended by--
            (1) striking ``ten years'' and inserting ``20 years''; and
            (2) striking ``six years'' and inserting ``10 years''.
    (d) Offenses Committed Within Indian Country.--Section 1153(a) of 
title 18, United States Code, is amended by inserting ``an offense for 
which the maximum statutory term of imprisonment under section 1363 is 
greater than 5 years,'' after ``a felony under chapter 109A,''.
    (e) Racketeer Influenced and Corrupt Organizations.--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 (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''; and
            (2) in subparagraph (B), by inserting ``section 1123 
        (relating to interstate murder),'' after ``section 1084 
        (relating to the transmission of wagering information),''.
    (f) Carjacking.--Section 2119 of title 18, United States Code, is 
amended by striking ``, with the intent to cause death or serious 
bodily harm''.
    (g) 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) Illegal Transfers.--Whoever knowingly transfers a firearm, 
knowing that the firearm will be used to commit, or possessed in 
furtherance of, a crime of violence or drug trafficking crime, shall be 
imprisoned for not more than 10 years, fined under this title, or 
both.''.
    (h) Amendment of Special Sentencing Provision.--Section 3582(d) of 
title 18, United States Code, is amended--
            (1) by striking ``chapter 95 (racketeering) or 96 
        (racketeer influenced and corrupt organizations) of this 
        title'' and inserting ``section 521 (criminal street gangs) or 
        522 (violent crimes in furtherance or in aid of criminal street 
        gangs), in chapter 95 (racketeering) or 96 (racketeer 
        influenced and corrupt organizations),''; and
            (2) by inserting ``a criminal street gang or'' before ``an 
        illegal enterprise''.
    (i) Conforming Amendment Relating to 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,''.
    (j) Special Provision for Indian Country.--No person subject to the 
criminal jurisdiction of an Indian tribal government shall be subject 
to section 3559(e) of title 18, United States Code, for any offense for 
which Federal jurisdiction is solely predicated on Indian country (as 
defined in section 1151 of such title 18) and which occurs within the 
boundaries of such Indian country unless the governing body of such 
Indian tribe elects to subject the persons under the criminal 
jurisdiction of the tribe to section 3559(e) of such title 18.

SEC. 106. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES 
              IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY 
              CRIMES OF VIOLENCE.

    Section 1958 of title 18, United States Code, is amended--
            (1) by striking the header and inserting the following:
``Sec. 1958. Use of interstate commerce facilities in the commission of 
              murder-for-hire and other felony crimes of violence'';
    and
            (2) by amending subsection (a) to read as follows:
    ``(a) Any person who 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 in interstate or foreign commerce, with intent that a 
murder or other felony crime of violence be committed in violation of 
the laws of any State or the United States as consideration for the 
receipt of, or as consideration for a promise or agreement to pay, 
anything of pecuniary value, or who conspires to do so--
            ``(1) may be fined under this title and shall be imprisoned 
        not more than 20 years;
            ``(2) if personal injury results, may be fined under this 
        title and shall be imprisoned for not more than 30 years; and
            ``(3) if death results, may be fined not more than 
        $250,000, and shall be punished by death or imprisoned for any 
        term of years or for life, or both.''.

SEC. 107. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF RACKETEERING 
              ACTIVITY.

    Section 1959(a) of title 18, United States Code, is amended to read 
as follows:
    ``(a) Any person who, in furtherance or in aid of an enterprise 
engaged in racketeering activity, murders, kidnaps, sexually assaults, 
maims, assaults with a dangerous weapon, commits assault resulting in 
serious bodily injury upon, or threatens to commit a crime of violence 
against any individual in violation of the laws of any State or the 
United States, or attempts or conspires to do so, shall be punished, in 
addition and consecutive to the punishment provided for any other 
violation of this chapter--
            ``(1) for murder, by death or imprisonment for any term of 
        years or for life, a fine under this title, or both;
            ``(2) for kidnapping or sexual assault, by imprisonment for 
        any term of years or for life, a fine under this title, or 
        both;
            ``(3) for maiming, by imprisonment for any term of years or 
        for life, a fine under this title, or both;
            ``(4) for assault with a dangerous weapon or assault 
        resulting in serious bodily injury, by imprisonment for not 
        more than 30 years, a fine under this title, or both;
            ``(5) for threatening to commit a crime of violence, by 
        imprisonment for not more than 10 years, a fine under this 
        title, or both;
            ``(6) for attempting or conspiring to commit murder, 
        kidnapping, maiming, or sexual assault, by imprisonment for not 
        more than 30 years, a fine under this title, or both; and
            ``(7) for attempting or conspiring to commit assault with a 
        dangerous weapon or assault which would result in serious 
        bodily injury, by imprisonment for not more than 20 years, a 
        fine under this title, or both.''.

SEC. 108. 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.--Any person who, during and in relation 
to any drug trafficking crime, murders, kidnaps, sexually assaults, 
maims, assaults with a dangerous weapon, commits assault resulting in 
serious bodily injury upon, or threatens to commit a crime of violence 
against, any individual, or attempts or conspires to do so, shall be 
punished, in addition and consecutive to the punishment provided for 
the drug trafficking crime--
            ``(1) in the case of murder, by death or imprisonment for 
        any term of years or for life, a fine under title 18, United 
        States Code, or both;
            ``(2) in the case of kidnapping or sexual assault by 
        imprisonment for any term of years or for life, a fine under 
        such title 18, or both;
            ``(3) in the case of maiming, by imprisonment for any term 
        of years or for life, a fine under such title 18, or both;
            ``(4) in the case of assault with a dangerous weapon or 
        assault resulting in serious bodily injury, by imprisonment not 
        more than 30 years, a fine under such title 18, or both;
            ``(5) in the case of threatening to commit a crime of 
        violence specified in paragraphs (1) through (4), by 
        imprisonment for not more than 10 years, a fine under such 
        title 18, or both;
            ``(6) in the case of attempting or conspiring to commit 
        murder, kidnapping, maiming, or sexual assault, by imprisonment 
        for not more than 30 years, a fine under such title 18, or 
        both; and
            ``(7) in the case of attempting or conspiring to commit a 
        crime involving assault with a dangerous weapon or assault 
        resulting in serious bodily injury, by imprisonment for not 
        more than 20 years, a fine under such title 18, or both.
    ``(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) Applicable Death Penalty Procedures.--A defendant who has 
been found guilty of an offense under this section for which a sentence 
of death is provided shall be subject to the provisions of chapter 228 
of title 18, United States Code.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `crime of violence' has the meaning given 
        that term in section 924(c)(3) 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 Controlled 
Substances Act 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. 109. SENTENCING GUIDELINES FOR GANG CRIMES, INCLUDING AN INCREASE 
              IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME AS A GANG 
              MEMBER.

    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 eliminate the policy statement in 
section 5K2.18 of the guidelines regarding section 521 of title 18, 
United States Code, and instead provide a base offense level in chapter 
2 of the guidelines for offenses described in sections 521, 522, and 
523 of title 18, United States Code, that reflects the seriousness of 
these offenses. Such guidelines shall include an appropriate 
enhancement (which shall be in addition to any other adjustment under 
chapter 3 of the Federal Sentencing guidelines) for any offense 
described in section 521, 522, or 523 if the offense was committed in 
furtherance or in aid of the activities of a criminal street gang.

 Subtitle B--Increased Federal Resources To Deter and Prevent at-Risk 
                Youth From Joining Illegal Street Gangs

SEC. 110. 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; and
                    (C) provide all necessary funding for the operation 
                of the criminal street gang enforcement team in each 
                high intensity interstate gang activity area.
            (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 Marshal's 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) 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.
    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $100,000,000 for each of the fiscal years 2004 to 2008 to carry 
        out this section.
            (2) Use of funds.--Of amounts made available under 
        paragraph (1) in each fiscal year--
                    (A) 60 percent shall be used to carry out 
                subsection (b)(2); and
                    (B) 40 percent shall be used to make grants 
                available for community-based programs to provide crime 
                prevention, research, and intervention services that 
                are designed for gang members and at-risk youth in 
                areas designated pursuant to this section as high 
                intensity interstate gang activity areas.

SEC. 111. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO 
              IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT 
              GANGS.

    (a) In General.--The Attorney General shall expand the Project Safe 
Neighborhoods program to require each United States attorney to--
            (1) identify, investigate, and prosecute significant 
        criminal street gangs operating within their district;
            (2) coordinate the identification, investigation, and 
        prosecution of criminal street gangs among Federal, State, and 
        local law enforcement agencies; and
            (3) coordinate and establish criminal street gang 
        enforcement teams, established under section 101(b), in high 
        intensity interstate gang activity areas within a United States 
        attorney's district.
    (b) Additional Assistant United States Attorneys for Project Safe 
Neighborhoods.--
            (1) In general.--The Attorney General may hire 94 
        additional Assistant United States attorneys to carry out the 
        provisions of this section.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated $7,500,000 for each of the fiscal years 2004 
        through 2008 to carry out this section.

SEC. 112. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF 
              INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT 
              CRIMINAL STREET GANGS.

    (a) Responsibilities of Attorney General.--The Attorney General 
shall require the Federal Bureau of Investigation to--
            (1) increase funding for the Safe Streets Program; and
            (2) support the criminal street gang enforcement teams, 
        established under section 110(b), in designated high intensity 
        interstate gang activity areas.
    (b) Authorization of Appropriations.--
            (1) In general.--In addition to amounts otherwise 
        authorized, there are authorized to be appropriated to the 
        Federal Bureau of Investigation $5,000,000 for each of the 
        fiscal years 2004 through 2008 to carry out the Safe Streets 
        Program.
            (2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available until expended.

SEC. 113. 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 programs that enable prosecutors to more 
        effectively address drug, gang and youth violence, and other 
        violent crime problems;
            ``(7) to fund technology, equipment, and training for 
        prosecutors to increase the accurate identification and 
        successful prosecution of young violent offenders;
            ``(8) to assist prosecutors in community prosecution, 
        problem solving, and conflict resolution techniques through 
        collaborative efforts with police, school officials, probation 
        officers, social service agencies, and community organizers; 
        and
            ``(9) to create and expand witness and victim protection 
        programs to prevent threats, intimidation, and retaliation 
        against victims of, and witnesses to, violent crimes.''.
    (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 2004 through 2008 to carry out this subtitle.''.

  TITLE II--VIOLENT CRIME REFORMS NEEDED TO DETER AND PREVENT ILLEGAL 
                               GANG CRIME

SEC. 201. MULTIPLE INTERSTATE MURDER.

    Part I of 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.--Any person who 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 in interstate or foreign commerce, with 
intent that 2 or more murders be committed in violation of the laws of 
any State or the United States, or who conspires to do so--
            ``(1) shall be fined under this title, imprisoned for not 
        more than 30 years, or both;
            ``(2) if personal injury results, shall be fined under this 
        title, imprisoned for not more than 30 years, or both; and
            ``(3) if death results, may be fined not more than $250,000 
        under this title, and shall be punished by death or imprisoned 
        for any term of years or for life.
    ``(b) Definitions.--As used in this section:
            ``(1) Facility in interstate commerce.--The term `facility 
        in interstate commerce' includes means of transportation and 
        communication.
            ``(2) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United States.''.

SEC. 202. 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)--
                    (A) by inserting ``an offense under section 
                922(g)(1) where the underlying conviction is a serious 
                drug offense as defined in section 924(e)(2)(A) of 
                title 18, United States Code, for which a period of not 
                more than 10 years has elapsed since the date of the 
                conviction or the release of the person from 
                imprisonment, whichever is later, or is a serious 
                violent felony as defined in section 3559(c)(2)(F) of 
                title 18, United States Code,'' after ``that the person 
                committed''; and
                    (B) by inserting ``or'' before ``the Maritime''; 
                and
            (2) in paragraph (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, an 
        offense involves a drug, firearm, explosive, or destructive 
        devise;''.

SEC. 203. 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. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

    (a) In General.--Chapter 214 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3296. Violent crime offenses
    ``No person shall be prosecuted, tried, or punished for any 
noncapital felony, crime of violence (as defined in section 16), 
including any racketeering activity or gang crime which involves any 
violent crime, unless the indictment is found or the information is 
instituted not later than--
            ``(1) 10 years after the date on which the alleged 
        violation occurred;
            ``(2) 10 years after the date on which the continuing 
        offense was completed; or
            ``(3) 8 years after the date on which the alleged violation 
        was first discovered.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 214 of title 18, United States Code, is amended by adding at 
the end the following:

``3296. Violent crime offenses.''.

SEC. 205. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE, 
              ORAL, AND ELECTRONIC COMMUNICATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) in paragraph (q), by striking ``or'.'';
            (2) by redesignating paragraph (r) as paragraph (u); and
            (3) by inserting after paragraph (q) the following:
            ``(r) any violation of section 424 of the Controlled 
        Substances Act (relating to murder and other violent crimes in 
        furtherance of a drug trafficking crime);
            ``(s) any violation of 1123 of title 18, United States Code 
        (relating to interstate murder);
            ``(t) any violation of section 521, 522, or 523 (relating 
        to criminal street gangs); or''.

SEC. 206. CLARIFICATION 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 a felony and that, by its nature, 
involves a substantial risk of physical force or injury against the 
person or property of another.''.

SEC. 207. 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 that has engaged or acquiesced in wrongdoing or such 
        wrongdoing was reasonably foreseeable as part of a conspiracy 
        of which the party was a member, that was intended to, and did, 
        procured the unavailability of the declarant as a witness.''.

SEC. 208. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A WITNESS.

    Section 1513 of title 18, United States Code, is amended by--
            (1) redesignating subsection (e) beginning with ``Who 
        conspires'' as subsection (f); and
            (2) adding at the end the following:
    ``(g) A prosecution under this section may be brought in the 
district in which the official proceeding (whether or not pending, 
about to be instituted or was completed) was intended to be affected or 
was completed, or in which the conduct constituting the alleged offense 
occurred.''.

SEC. 209. AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN GANG 
              AND VIOLENT CRIMES.

    (a) Directive to the United States Sentencing Commission.--Pursuant 
to its authority under section 994(p) of title 28, United States Code, 
and in accordance with this section, the United States Sentencing 
Commission shall review and, if appropriate, amend its guidelines and 
its policy statements to conform to the provisions of this title.
    (b) Requirements.--In carrying out this section, the Sentencing 
Commission shall--
            (1) establish new guidelines and policy statements, as 
        warranted, in order to implement new or revised criminal 
        offenses created under this title;
            (2) ensure that the sentencing guidelines and policy 
        statements reflect the serious nature of the offenses and the 
        penalties set forth in this title, the growing incidence of 
        serious gang and violent crimes, and the need to modify the 
        sentencing guidelines and policy statements to deter, prevent, 
        and punish such offenses;
            (3) consider the extent to which the guidelines and policy 
        statements adequately address--
                    (A) whether the guideline offense levels and 
                enhancements for gang and violent crimes--
                            (i) are sufficient to deter and punish such 
                        offenses; and
                            (ii) are adequate in view of the statutory 
                        increases in penalties contained in the Act; 
                        and
                    (B) whether any existing or new specific offense 
                characteristics should be added to reflect 
                congressional intent to increase gang and violent crime 
                penalties, punish offenders, and deter gang and violent 
                crime;
            (4) assure reasonable consistency with other relevant 
        directives and with other sentencing guidelines;
            (5) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions to the generally 
        applicable sentencing ranges;
            (6) make any necessary conforming changes to the sentencing 
        guidelines; and
            (7) assure that the guidelines adequately meet the purposes 
        of sentencing under section 3553(a)(2) of title 18, United 
        States Code.

SEC. 210. INCREASED PENALTIES FOR CRIMINAL USE OF FIREARMS IN CRIMES OF 
              VIOLENCE AND DRUG TRAFFICKING.

    (a) In General.--Section 924(c)(1)(A) of title 18, United States 
Code, is amended--
            (1) 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,'';
            (2) in clause (i), by striking ``5 years'' and inserting 
        ``7 years'';
            (3) by striking clause (ii);
            (4) by striking clause (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
            (5) by inserting at the end the following:
            ``(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
            ``(iv) if the death of a person results from the use of the 
        firearm, be punished by death or life imprisonment.''.
    (b) Conforming Amendment.--Section 924 of title 18, United States 
Code, is amended by striking subsection (o).

SEC. 211. CONFORMING AMENDMENT.

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

         TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

SEC. 301. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

    (a) In General.--Section 5032 of title 18, United States Code, is 
amended to read as follows:
``Sec. 5032. Delinquency proceedings in district courts; juveniles 
              tried as adults; transfer for criminal prosecution
    ``(a) Delinquency Proceedings in District Courts.--
            ``(1) In general.--A juvenile alleged to have committed an 
        act of juvenile delinquency, other than a violation of law 
        committed within the special maritime and territorial 
        jurisdiction of the United States for which the maximum 
        authorized term of imprisonment does not exceed 6 months, shall 
        not be proceeded against in any court of the United States 
        unless the Attorney General, after investigation, certifies to 
        the appropriate district court of the United States that--
                    ``(A) the juvenile court or other appropriate court 
                of a State does not have jurisdiction or refuses to 
                assume jurisdiction over that juvenile with respect to 
                such alleged act of juvenile delinquency;
                    ``(B) the State does not have available programs 
                and services adequate for the needs of juveniles; or
                    ``(C) there is a substantial Federal interest in 
                the case or the offense to warrant the exercise of 
                Federal jurisdiction.
            ``(2) Failure to certify.--If the Attorney General does not 
        certify under paragraph (1), the juvenile shall be surrendered 
        to the appropriate legal authorities of such State.
            ``(3) Federal proceedings.--If an alleged juvenile 
        delinquent is not surrendered to the authorities of a State 
        pursuant to this section, any proceedings against him shall be 
        in an appropriate district court of the United States. For such 
        purposes, the court may be convened at any time and place 
        within the district, in chambers or otherwise. The Attorney 
        General shall proceed by information or as authorized under 
        section 3401(g) of this title, and no criminal prosecution 
        shall be instituted for the alleged act of juvenile delinquency 
        except as provided below.
    ``(b) Transfer for Federal Criminal Prosecution.--
            ``(1) In general.--A juvenile who is alleged to have 
        committed an act of juvenile delinquency and who is not 
        surrendered to State authorities shall be proceeded against 
        under this chapter unless--
                    ``(A) the juvenile has requested in writing upon 
                advice of counsel to be proceeded against as an adult;
                    ``(B) with respect to a juvenile 15 years and older 
                alleged to have committed an act after his fifteenth 
                birthday which if committed by an adult would be a 
                felony that is a crime of violence or an offense 
                described in section 401 of the Controlled Substances 
                Act (21 U.S.C. 841), or section 1002(a), 1005, or 1009 
                of the Controlled Substances Import and Export Act (21 
                U.S.C. 952(a), 955, 959), or section 922(x) of this 
                title, or in section 924 (b), (g), or (h) of this 
                title, the Attorney General makes a motion to transfer 
                the criminal prosecution on the basis of the alleged 
                act in the appropriate district court of the United 
                States and the court finds, after hearing, such 
                transfer would be in the interest of justice as 
                provided in paragraph (2); or
                    ``(C) with respect to a juvenile 13 years and older 
                alleged to have committed an act after his thirteenth 
                birthday which if committed by an adult would be a 
                felony that is the crime of violence under section 113 
                (a), (b), (c), 1111, 1113, or, if the juvenile 
                possessed a firearm during the offense, an offense 
                under section 2111, 2113, 2241(a), or 2241(c), the 
                Attorney General makes a motion to transfer the 
                criminal prosecution on the basis of the alleged act in 
                the appropriate district court of the United States and 
                the court finds, after hearing, such transfer would be 
                in the interest of justice as provided in paragraph 
                (2).
        Notwithstanding sections 1152 and 1153, no person subject to 
        the criminal jurisdiction of an Indian tribal government shall 
        be subject to subparagraph (C) for any offense the Federal 
        jurisdiction for which is predicated solely on Indian country 
        (as defined in section 1151), and which has occurred within the 
boundaries of such Indian country, unless the governing body of the 
tribe has elected that the preceding sentence have effect over land and 
persons subject to its criminal jurisdiction.
            ``(2) Factors.--
                    ``(A) In general.--Evidence of the following 
                factors shall be considered, and findings with regard 
                to each factor shall be made in the record, in 
                assessing whether a transfer under subparagraph (B) or 
                (C) of paragraph (1) would be in the interest of 
                justice:
                            ``(i) The age and social background of the 
                        juvenile.
                            ``(ii) The nature of the alleged offense.
                            ``(iii) The extent and nature of the 
                        juvenile's prior delinquency record.
                            ``(iv) The juvenile's present intellectual 
                        development and psychological maturity. The 
                        nature of past treatment efforts and the 
                        juvenile's response to such efforts.
                            ``(v) The availability of programs designed 
                        to treat the juvenile's behavioral problems.
                    ``(B) Nature of the offense.--In considering the 
                nature of the offense, as required by this paragraph, 
                the court shall consider the extent to which the 
                juvenile played a leadership role in an organization, 
                or otherwise influenced other persons to take part in 
                criminal activities, involving the use or distribution 
                of controlled substances or firearms. Such a factor, if 
                found to exist, shall weigh in favor of a transfer to 
                adult status, but the absence of this factor shall not 
                preclude such a transfer.
                    ``(C) Notice.--Reasonable notice of the transfer 
                hearing under subparagraph (B) or (C) of paragraph (1) 
                shall be given to the juvenile, the juvenile's parents, 
                guardian, or custodian and to the juvenile's counsel. 
                The juvenile shall be assisted by counsel during the 
                transfer hearing, and at every other critical stage of 
                the proceedings.
    ``(c) Mandatory Transfer of Juvenile 16 or Older.--A juvenile who 
is alleged to have committed an act on or after his sixteenth birthday 
which if committed by an adult would be a felony offense that has an 
element thereof the use, attempted use, or threatened use of physical 
force against the person of another, or that, by its very nature, 
involves a substantial risk that physical force against the person of 
another, or would be an offense described in section 32, 81, 844(d), 
(e), (f), (h), (i), or 2275 of this title, subsection (b)(1) (a), (b), 
or (c), (d) or (e) of section 401 of the Controlled Substances Act, or 
section 1002(a), 1003, 1009, or 1010(b) (1), (2), or (3) of the 
Controlled Substances Import and Export Act (21 U.S.C. 952(a), 953, 
959, 960(b) (1), (2), (3)), and who has previously been found guilty of 
an act which if committed by an adult would have been one of the 
offenses set forth in this paragraph or an offense in violation of a 
State felony statute that would have been such an offense if a 
circumstance giving rise to Federal jurisdiction had existed, shall be 
transferred to the appropriate district court of the United States for 
criminal prosecution.
    ``(d) Filing by United States Attorney Against Juveniles Charged as 
Adults.--
            ``(1) In general.--The United States attorney may charge as 
        an adult a juvenile alleged to have committed an act on or 
        after the day the juvenile attains the age of 16 years which if 
        committed by an adult would be a serious violent felony as 
        described in section 3559 (c)(2) and (c)(3).
            ``(2) Other offenses.--In a prosecution under this 
        subsection 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 a lesser included offense.
            ``(3) Reviewability.--A determination to approve or not to 
        approve, or to institute or not to institute, a prosecution 
        under this subsection shall not be reviewable in any court.
    ``(e) Proceedings.--
            ``(1) Subsequent proceeding barred.--Once a juvenile has 
        entered a plea of guilty or the proceeding has reached the 
        stage that evidence has begun to be taken with respect to a 
        crime or an alleged act of juvenile delinquency subsequent 
        criminal prosecution or juvenile proceedings based upon such 
        alleged act of delinquency shall be barred.
            ``(2) Statements.--Statements made by a juvenile prior to 
        or during a transfer hearing under this section shall not be 
        admissible at subsequent criminal prosecutions except for 
        impeachment purposes or in a prosecution for perjury or making 
        a false statement.
            ``(3) Further proceedings.--Whenever a juvenile transferred 
        to district court under subsection (b) or (c) is not convicted 
        of the crime upon which the transfer was based or another crime 
        which would have warranted transfer had the juvenile been 
        initially charged with that crime, further proceedings 
        concerning the juvenile shall be conducted pursuant to the 
        provisions of this chapter.
            ``(4) Receipt of records.--A juvenile shall not be 
        transferred to adult prosecution under subsection (b) nor shall 
        a hearing be held under section 5037 (disposition after a 
        finding of juvenile delinquency) until any prior juvenile court 
        records of such juvenile have been received by the court, or 
        the clerk of the juvenile court has certified in writing that 
        the juvenile has no prior record, or that the juvenile's record 
        is unavailable and why it is unavailable.
            ``(5) Specific acts described.--Whenever a juvenile is 
        adjudged delinquent pursuant to the provisions of this chapter, 
        the specific acts which the juvenile has been found to have 
        committed shall be described as part of the official record of 
        the proceedings and part of the juvenile's official record.
    ``(f) State.--For purposes of this section, the term `State' 
includes a State of the United States, the District of Columbia, and 
any commonwealth, territory, or possession of the United States.''.
    (b) Conforming Amendments.--The analysis for chapter 403 of title 
18, United States Code, is amended by striking the item relating to 
section 5032 and inserting the following:

``5032. Delinquency proceedings in district courts; juveniles tried as 
                            adults; transfer for criminal 
                            prosecution.''.

SEC. 302. NOTIFICATION AFTER ARREST.

    Section 5033 of title 18, United States Code, is amended in the 
first sentence, by striking ``immediately notify the Attorney General 
and'' and inserting ``immediately, or as soon as practicable 
thereafter, notify the United States attorney of the appropriate 
jurisdiction and shall promptly take reasonable steps to notify''.

SEC. 303. RELEASE AND DETENTION PRIOR TO DISPOSITION.

    (a) Duties of Magistrate.--Section 5034 of title 18, United States 
Code, is amended--
            (1) in the first undesignated paragraph, by striking ``The 
        magistrate shall insure'' and inserting the following:
    ``(a) In General.--
            ``(1) Representation by counsel.--The magistrate shall 
        ensure'';
            (2) in the second undesignated paragraph, by striking ``The 
        magistrate may appoint'' and inserting the following:
            ``(2) Guardian ad litem.--The magistrate may appoint'';
            (3) in the third undesignated paragraph, by striking ``If 
        the juvenile'' and inserting the following:
    ``(b) Release Prior to Disposition.--Except as provided in 
subsection (c), if the juvenile''; and
            (4) by adding at the end the following:
    ``(c) Release of Certain Juveniles.--
            ``(1) In general.--A juvenile, who is to be tried as an 
        adult under section 5032, shall be released pending trial in 
        accordance with the applicable provisions of chapter 207.
            ``(2) Conditions.--A release under paragraph (1) shall be 
        conducted in the same manner, and shall be subject to the same 
        terms, conditions, and sanctions for violation of a release 
        condition, as provided for an adult under chapter 207.
    ``(d) Penalty for an Offense Committed While on Release.--
            ``(1) In general.--A juvenile alleged to have committed, 
        while on release under this section, an offense that, if 
        committed by an adult, would be a Federal criminal offense, 
        shall be subject to prosecution under section 5032.
            ``(2) Applicability of certain penalties.--Section 3147 
        shall apply to a juvenile who is to be tried as an adult under 
        section 5032 for an offense committed while on release under 
        this section.''.
    (b) Detention Prior to Disposition.--Section 5035 of title 18, 
United States Code, is amended--
            (1) by striking ``A juvenile'' and inserting the following:
    ``(a) In General.--Except as provided in subsection (b), a 
juvenile''; and
            (2) by adding at the end the following:
    ``(b) Detention of Certain Juveniles.--A juvenile who is to be 
tried as an adult under section 5032 shall be subject to detention in 
accordance with chapter 207.''.

SEC. 304. SPEEDY TRIAL.

    Section 5036 of title 18, United States Code, is amended to read as 
follows:
``Sec. 5036. Speedy trial
    ``(a) In General.--If an alleged delinquent, who is to be proceeded 
against as a juvenile pursuant to section 5032 and who is in detention 
pending trial, is not brought to trial within 70 days from the date 
upon which such detention began, the information shall be dismissed on 
motion of the alleged delinquent or at the direction of the court.
    ``(b) Periods of Exclusion.--The periods of exclusion under section 
3161(h) shall apply to this section.
    ``(c) Judicial Considerations.--In determining whether an 
information should be dismissed with or without prejudice, the court 
shall consider--
            ``(1) the seriousness of the alleged act of juvenile 
        delinquency;
            ``(2) the facts and circumstances of the case that led to 
        the dismissal; and
            ``(3) the impact of a reprosecution on the administration 
        of justice.''.

SEC. 305. USE OF JUVENILE RECORDS.

    Section 5038 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(g) In any case in which a juvenile is tried as an adult in 
Federal court, the Federal criminal record of the juvenile shall be 
made available in the same manner as is applicable to the Federal 
criminal records of adult defendants.''.

SEC. 306. FEDERAL SENTENCING GUIDELINES.

    (a) Application of Guidelines to Certain Juvenile Defendants.--
Section 994(h) of title 28, United States Code, is amended by inserting 
``, or in which the defendant is a juvenile who is tried as an adult,'' 
after ``old or older''.
    (b) Guidelines for Juvenile Cases.--Section 994 of title 28, United 
States Code, is amended by adding at the end the following:
    ``(z) Guidelines for Juvenile Cases.--Not later than 1 year after 
the date of enactment of the Act, the Commission, pursuant to its rules 
and regulations and consistent with all pertinent provisions of any 
Federal statute, shall promulgate and distribute, to all courts of the 
United States and to the United States Probation System, guidelines, as 
described in this section, for use by a sentencing court in determining 
the sentence to be imposed in a criminal case if the defendant 
committed the offense as a juvenile, and is tried as an adult pursuant 
to section 5032 of title 18.''.
                                 <all>