[Congressional Record Volume 142, Number 54 (Wednesday, April 24, 1996)]
[Senate]
[Pages S4065-S4072]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mrs. Feinstein, Mr. Kerry, Mr. Harkin, 
        Mr. Reid, and Mr. D'Amato):
  S. 1700. A bill to reduce interstate street gang and organized crime 
activity, and for other purposes; to the Committee on the Judiciary.


                 the federal gang violence act of 1996

  Mr. HATCH. Mr. President, I rise today to introduce the Federal Gang 
Violence Act. I am pleased to be joined in this important effort by 
Senator Feinstein, as well as by Senators Kerry, Harkin, Reid, and 
D'Amato.
  Gang violence in many of our communities is reaching frightening 
levels. Recently, Asipeli Mohi, a 17-year-old Utahn, was tried and 
convicted of the gang-related beating and shooting death of another 
teenager, Aaron Chapman. Why was Aaron Chapman murdered? He was wearing 
red, apparently the color of a rival gang. Ironically, Mr. Chapman was 
on his way home from attending an antigang benefit concert when he was 
killed. Before committing this murder, the killer had racked up a 
record of 5 felonies and 15 misdemeanors in juvenile court. Sadly, this 
example of senseless gang violence is not an isolated incident in my 
State or elsewhere. It is a scene replayed daily with disturbing 
frequency.
  Gang violence is now common even in places where this would have been 
unthinkable several years ago. Indeed, many people find it hard to 
believe that Salt Lake City or Ogden could have such a problem--gangs, 
they think, are a problem in cities like New York, Chicago, and Los 
Angeles, but not in our smaller cities.
  However, reality is much grimmer. Since 1992, gang activity in Salt 
Lake City has increased tremendously. For instance, the number of 
identified gangs has increased 55 percent, from 185 to 288, and the 
number of gang members has increased 115 percent, from 1,438 to 3,104.
  The number of gang-related crimes has increased a staggering 388 
percent, from 1,741 in 1992 to 8,496 in 1995. In 1995, 174 of these 
involved drive-by shootings, and in the first quarter of 1996 alone, 
there were 64 gang-related drive-by shootings.
  Our problem is severe. Moreover, there is a significant role the 
Federal Government can play in fighting this battle. I am not one to 
advocate the unbridled extension of Federal jurisdiction. Indeed, I 
often think that we have federalized too many crimes. However, in the 
case of criminal street gangs, which increasingly are moving interstate 
to commit crimes, there is a very proper role for the Federal 
Government to play.
  This bill will strengthen the coordinated, cooperative response of 
Federal, State, and local law enforcement to criminal street gangs by 
providing more flexibility to the Federal partners in this effort. 
Among the important provisions of this bill:
  This legislation increases the ability of the Federal Government to 
prosecute criminal street gangs that operate interstate or commit 
Federal or State gang related crimes, by updating the criminal gang and 
Travel Act provisions of the Federal criminal code. Under our bill, 
these laws will cover criminal activities typically engaged in by 
gangs.
  Our bill adds a 1- to 10-year sentence for the recruitment of persons 
into a gang. Importantly, there are even tougher penalties for 
recruiting a minor into a gang, including a 4-year mandatory minimum 
sentence.
  The bill adds the use of a minor in a crime to the list of offenses 
for which a person can be prosecuted under the Federal racketeering 
laws, known as RICO.
  It enhances the penalties for transferring a handgun to a minor, 
knowing that it will be used in a crime of violence; and adds a new 
Federal penalty for the use of body armor in the commission of a 
Federal crime.
  Finally, the legislation we introduce today adds serious juvenile 
drug offenses to the list of predicates under

[[Page S4066]]

the Federal Armed Career Criminal Act, and authorizes $20 million over 
5 years to hire Federal prosecutors to crack down on criminal gangs.
  Mr. President, this legislation is not a panacea for our youth 
violence crisis. But it is a large and critical step in addressing this 
issue. I look forward to working with my colleagues on this bill, and 
urge their support.
  Mr. President, I ask unanimous consent that the bill and a section 
analysis be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1700

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Gang Violence Act''.

     SEC. 2. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME 
                   AS GANG MEMBER.

       (a) Amendment of Sentencing Guidelines.--
       (1) In general.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall amend chapter 3 of the Federal 
     Sentencing Guidelines so that, except with respect to 
     trafficking in cocaine base, if a defendant was a member of a 
     criminal street gang at the time of the offense, the offense 
     level is increased by 6 levels.
       (2) Construction with other guidelines.--The amendment made 
     pursuant to paragraph (1) shall provide that the increase in 
     the offense level shall be in addition to any other 
     adjustment under chapter 3 of the Federal Sentencing 
     Guidelines.
       (3) Definition.--For purposes of this section, the term 
     ``criminal street gang'' has the meaning given that term in 
     section 521(a) of title 18, United States Code, as amended by 
     section 3 of this Act.

     SEC. 3. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET 
                   GANGS.

       Section 521 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) Definitions.--'' and inserting ``(a) 
     Definitions.--For purposes of this section the following 
     definitions shall apply:'';
       (B) by striking `` `conviction' '' and inserting the 
     following:
       ``(1) Conviction.--The term `conviction' '';
       (C) in paragraph (1), as so designated, by striking 
     ``violent or controlled substances felony'' and inserting 
     ``predicate gang crime''; and
       (D) by striking `` `criminal street gang' '' and all that 
     follows through the end of the subsection and inserting the 
     following:
       ``(2) Criminal street gang.--The term `criminal street 
     gang' means an ongoing group, club, organization, or 
     association of 3 or more persons, whether formal or 
     informal--
       ``(A) a primary activity of which is the commission of 1 or 
     more predicate gang crimes;
       ``(B) the members of which engage, or have engaged during 
     the 5-year period preceding the date in question, in a 
     pattern of criminal activity involving 1 or more predicate 
     gang crimes; and
       ``(C) the activities of which affect interstate or foreign 
     commerce.
       ``(3) Pattern of criminal activity.--The term `pattern of 
     criminal activity' means the commission of 2 or more 
     predicate gang crimes--
       ``(A) at least 1 of which was committed after the date of 
     enactment of the Federal Gang Violence Act;
       ``(B) the last of which was committed not later than 3 
     years after the commission of another predicate gang crime; 
     and
       ``(C) which were committed on separate occasions.
       ``(4) Predicate gang crime.--The term `predicate gang 
     crime' means--
       ``(A) an offense described in subsection (c);
       ``(B) a State offense--
       ``(i) involving a controlled substance (as defined in 
     section 102 of the Controlled Substances Act (21 U.S.C. 802)) 
     for which the maximum penalty is imprisonment for not less 
     than 5 years; or
       ``(ii) that is a felony crime of violence that has as an 
     element the use or attempted use of physical force against 
     the person of another;
       ``(C) any Federal or State felony offense that by its 
     nature involves a substantial risk that physical force 
     against the person of another may be used in the course of 
     committing the offense, including--
       ``(i) assault with a deadly weapon;
       ``(ii) homicide or manslaughter;
       ``(iii) shooting at an occupied dwelling or motor vehicle;
       ``(iv) kidnaping;
       ``(v) carjacking;
       ``(vi) robbery;
       ``(vii) drive-by-shooting;
       ``(viii) tampering with or retaliating against a witness, 
     victim, informant, or juror;
       ``(ix) rape;
       ``(x) mayhem;
       ``(xi) torture; and
       ``(xii) arson;
       ``(D) any Federal or State offense that is--
       ``(i) grand theft;
       ``(ii) burglary;
       ``(iii) looting;
       ``(iv) felony extortion;
       ``(v) possessing a concealed weapon;
       ``(vi) grand theft auto;
       ``(vii) money laundering;
       ``(viii) felony vandalism;
       ``(ix) unlawful sale of a firearm; or
       ``(x) obstruction of justice; and
       ``(E) a conspiracy, attempt, or solicitation to commit any 
     offense described in subparagraphs (A) through (D).''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``continuing series of 
     offenses described in subsection (c)'' and inserting 
     ``pattern of criminal activity; and
       (B) in paragraph (3), by striking ``years for--'' and all 
     that follows through the end of the paragraph and inserting 
     ``years for a predicate gang crime.''.

     SEC. 4. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN 
                   AID OF CRIMINAL STREET GANGS.

       (a) Travel Act Amendments.--
       (1) Prohibited conduct and penalties.--Section 1952(a) of 
     title 18, United States Code, is amended to read as follows:
       ``(a) Whoever travels in interstate or foreign commerce or 
     uses the mail or any facility in interstate or foreign 
     commerce, with intent to--
       ``(1) distribute the proceeds of any unlawful activity;
       ``(2) commit any crime of violence to further any unlawful 
     activity; or
       ``(3) otherwise promote, manage, establish, carry on, or 
     facilitate the promotion, management, establishment, or 
     carrying on, of any unlawful activity,

     and thereafter performs, attempts to perform, or conspires to 
     perform--
       ``(A) an act described in paragraph (1) or (3) shall be 
     fined under this title, imprisoned not more than 10 years, or 
     both; or
       ``(B) an act described in paragraph (2) shall be fined 
     under this title, imprisoned for not more than 20 years, or 
     both, and if death results shall be sentenced to death or be 
     imprisoned for any term of years or for life.''.
       (2) Unlawful activities.--Section 1952(b) of title 18, 
     United States Code, is amended to read as follows:
       ``(b) As used in this section--
       ``(1) the term `unlawful activity' means--
       ``(A) activity of a criminal street gang as defined in 
     section 521 of this title;
       ``(B) any business enterprise involving gambling, liquor on 
     which the Federal excise tax has not been paid, narcotics or 
     controlled substances (as defined in section 102(6) of the 
     Controlled Substances Act (21 U.S.C. 802(6)), or prostitution 
     offenses in violation of the laws of the State in which the 
     offense is committed or of the United States;
       ``(C) extortion; bribery; arson; robbery; burglary; assault 
     with a deadly weapon; retaliation against or intimidation of 
     witnesses, victims, jurors, or informants; assault resulting 
     in bodily injury; possession or trafficking of stolen 
     property; trafficking in firearms; kidnapping; alien 
     smuggling; shooting at an occupied dwelling or motor vehicle; 
     or insurance fraud; in violation of the laws of the State in 
     which the offense is committed or of the United States; or
       ``(D) any act that is indictable under subchapter II of 
     chapter 53 of title 31, United States Code, or under section 
     1956 or 1957 of this title; and
       ``(2) 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) Sentencing Guidelines.--Pursuant to its authority under 
     section 994(p) of title 28, United States Code, the United 
     States Sentencing Commission shall amend chapter 2 of the 
     Federal Sentencing Guidelines so that--
       (1) the base offense level for traveling in interstate or 
     foreign commerce in aid of a street gang or other 
     racketeering enterprise is increased to 12; and
       (2) the base offense level for the commission of a violent 
     crime in aid of a street gang or other racketeering 
     enterprise is increased to 24.

     SEC. 5. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL 
                   GANG ACTIVITY.

       (a) Prohibited Acts.--Chapter 26 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 522. Recruitment of persons to participate in criminal 
       gang activity

       ``(a) Prohibited Act.--It shall be unlawful for any person 
     to--
       ``(1) use any facility of, or travel in, interstate or 
     foreign commerce, or cause another to do so, to solicit, 
     request, induce, counsel, command, cause or facilitate the 
     participation of, a person to participate in a criminal 
     street gang, or otherwise cause another to do so, or conspire 
     to do so; or
       ``(2) solicit, request, induce, counsel, command, cause, or 
     facilitate the participation of a person to engage in crime 
     for which such person may be prosecuted in a court of the 
     United States, or otherwise cause another to do so, or 
     conspire to do so.
       ``(b) Penalties.--A person who violates subsection (a) 
     shall--
       ``(1)(A) if the person is a minor, be imprisoned for not 
     less than 4 years and not more than 10 years, fined not more 
     than $250,000, or both; or
       ``(B) if the person is not a minor, be imprisoned for not 
     less than 1 year and not more than 10 years, fined not more 
     than $250,000, or both; and
       ``(2) be liable for any cost incurred by the Federal 
     Government or by any State or local

[[Page S4067]]

     government for housing, maintaining, and treating the minor 
     until the minor reaches the age of 18.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `criminal street gang' has the same meaning 
     given such term in section 521; and
       ``(2) the term `minor' means a person who is younger than 
     18 years of age.''.
       (b) Sentencing Guidelines.--Pursuant to its authority under 
     section 994(p) of title 28, United States Code, the United 
     States Sentencing Commission shall amend chapter 2 of the 
     Federal Sentencing Guidelines so that the base offense level 
     for recruitment of a minor to participate in a gang activity 
     is 12.
       (c) Technical Amendment.--The analysis for chapter 26 of 
     title 18, United States Code, is amended by adding at the end 
     the following new item:

``522. Recruitment of persons to participate in criminal gang 
              activity.''.

     SEC. 6. CRIMES INVOLVING THE USE OF MINORS AS RICO 
                   PREDICATES.

       Section 1961(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' before ``(E)''; and
       (2) by inserting before the semicolon at the end of the 
     paragraph the following: ``, or (F) any offense against the 
     United States that is punishable by imprisonment for more 
     than 1 year and that involved the use of a person under the 
     age of 18 years in the commission of the offense''.

     SEC. 7. TRANSFER OF FIREARMS TO MINORS FOR USE IN CRIME.

       Section 924(h) of title 18, United States Code, is amended 
     by striking ``10 years, fined in accordance with this title, 
     or both'' and inserting ``10 years, and if the transferee is 
     a person who is under 18 years of age, not less than 3 years; 
     fined under this title; or both''.

     SEC. 8. PENALTIES.

       Section 924(a) of title 18, United States code, is 
     amended--
       (1) by redesignating paragraph (5), as added by section 
     110201(b)(2) of the Violent Crime Control and Law Enforcement 
     Act of 1994, as paragraph (6); and
       (2) in paragraph (6), as so redesignated--
       (A) by striking subparagraph (A);
       (B) in subparagraph (B)--
       (i) by striking ``(B) A person other than a juvenile who 
     knowingly'' and inserting ``(A) A person who knowingly'';
       (ii) in clause (i), by striking ``1 year'' and inserting 
     ``not less than 1 year and not more than 5 years''; and
       (iii) in clause (ii), by inserting ``not less than 1 year 
     and'' after ``imprisoned''; and
       (C) by adding at the end of the following new subparagraph:
       ``(B) Notwithstanding subparagraph (A), no mandatory 
     minimum sentence shall apply to a juvenile who is less than 
     13 years of age.''.

     SEC. 9. THE JAMES GUELFF BODY ARMOR ACT.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 931. Use of body armor in Federal offenses

       ``(a) Prohibited Activity.--It shall be unlawful to use 
     body armor in the commission of a Federal crime.
       ``(b) Applicability.--This section shall not apply if the 
     Federal crime in which the body armor is used constitutes a 
     violation of the civil rights of a person by a law 
     enforcement officer acting under color of the authority of 
     such law enforcement officer.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `body armor' means any product sold or 
     offered for sale as personal protective body covering 
     intended to protect against gunfire, regardless of whether 
     the product is to be worn alone or is sold as a complement to 
     another product or garment; and
       ``(2) the term `law enforcement officer' means any officer, 
     agent, or employee of the United States, a State, or a 
     political subdivision of a State, authorized by law or by a 
     government agency to engage in or supervise the prevention, 
     detection, investigation, or prosecution of any violation of 
     criminal law.
       ``(d) Penalties.--
       ``(1) Imprisonment.--Whoever knowingly violates this 
     section shall be imprisoned for a term of 2 years.
       ``(2) Construction.--A sentence under this paragraph shall 
     be consecutive to any sentence imposed for the Federal crime 
     in which the body armor was used.''.
       (b) Conforming Amendment.--The analysis for chapter 44 of 
     title 18, United States Code, is amended by adding at the end 
     the following new item:

``931. Use of body armor in Federal offenses.''.

     SEC. 10. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER 
                   CRIMINAL ACT PREDICATES.

       Section 924(e)(2)(A) of title 18, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of clause (i);
       (2) by adding ``or'' at the end of clause (ii); and
       (3) by adding at the end the following new clause:
       ``(iii) any act of juvenile delinquency that if committed 
     by an adult would be an offense described in clause (i) or 
     (ii);''.

     SEC. 11. INCREASE IN TIME LIMITS FOR JUVENILE PROCEEDINGS.

       Section 5036 of title 18, United States Code, is amended by 
     striking ``thirty'' and inserting ``70''.

     SEC. 12. APPLYING RACKETEERING OFFENSES TO ALIEN SMUGGLING 
                   AND FIREARMS OFFENSES.

       Section 1961(1) of title 18, United States Code, as amended 
     by section 6 of this Act, is amended by inserting before the 
     semicolon at the end the following: ``, (G) any act, or 
     conspiracy to commit any act, in violation of section 
     274(a)(1)(A), 277, or 278 of the Immigration and Nationality 
     Act (8 U.S.C. 1324(a)(1)(A), 1327, or 1328), or (H) any act 
     or conspiracy to commit any act in violation of chapter 44 of 
     this title (relating to firearms)''.

     SEC. 13. USE OF LINGUISTS.

       (a) In General.--The Secretary of State shall identify 
     qualified translators who the Secretary shall identify 
     qualified translators who the Secretary shall make available 
     to assist Federal law enforcement agencies in criminal 
     investigations by monitoring legal wiretaps and translating 
     recorded conversations.
       (b) Emphasis.--In carrying out subsection (a), the 
     Secretary of State shall place special emphasis on 
     translators in States in which most criminal street gangs and 
     organized crime syndicates operate.

     SEC. 14. ADDITIONAL PROSECUTORS.

       There are authorized to be appropriated $20,000,000 for 
     each of fiscal years 1997, 1998, 1999, 2000, and 2001 for the 
     hiring of additional Assistant United States Attorneys to 
     prosecute violent youth gangs.
                                                                    ____


                Summary of the Federal Gang Violence Act

(Senators Orrin Hatch, Dianne Feinstein, John Kerry, Tom Harkin, Harry 
               Reid, and Alfonse D'Amato, April 24, 1996)

     Section 1. Short title
       This section identifies the Act as the ``Federal Gang 
     Violence Act.''
     Section 2. Increase in offense level for participation of 
         crime as gang member
       This legislation doubles the penalty for any member of an 
     organized criminal street gang who commits a federal crime.
       Current federal law increases the penalties for organizers, 
     leaders, managers and supervisors of criminal activity--
     including gang leaders--who commit a federal crime. However, 
     members of known criminal street gangs currently are not 
     subjected to higher penalties when a federal crime is 
     committed. Many prosecutors and law enforcement leaders 
     indicate that gang members--in addition to the leaders and 
     supervisors of gangs--should see their penalties increased to 
     provide a stronger deterrent for children to stay away from 
     gangs.
       This legislation amends the Sentencing Guidelines so that 
     individual gang members convicted of felonies would have 
     their sentencing level approximately doubled, by adding six 
     levels to the base offense level for the crime they 
     committed. Gang leaders and organizers would also have their 
     sentences increased by six sentencing levels.
       There are some examples of the effect of this increase for 
     gang members, assuming they have no other aggravating or 
     mitigating factors:

----------------------------------------------------------------------------------------------------------------
                                             First-time offender                    Second-time offender        
              Crime              -------------------------------------------------------------------------------
                                        Current              Proposed             Current            Proposed   
----------------------------------------------------------------------------------------------------------------
Drive-by shooting related to 20   1\1/4\ to 1\3/4\...  2\3/4\ to 3\1/2\...  1\3/4\ to 2\1/4\...  3\1/2\ to 4\3/ 
 grams of cocaine.                                                                                4\            
Burglary........................  2 to 2\1/2\........  4 to 4\3/4\........  2\1/2\ to 3........  4\3/4\ to 6    
Extortion.......................  2\3/4\ to 3\1/2\...  5\1/4\ to 6\1/2\...  3\1/2\ to 4\1/4\...  6\3/4\ to 8    
Witness intimidation............  2\3/4\ to 3\1/2\...  5\1/4\ to 6\1/2\...  3\1/2\ to 4\1/4\...  6\1/2\ to 8    
Gun trafficking.................  4\3/4\ to 6........  9 to 11\1/4\.......  6 to 7\1/4\........  11\1/4\ to 14  
Robbery with a handgun..........  5\1/4\ to 6\1/2\...  10 to 12\1/2\......  6\1/2\ to 8........  12\1/2\ to 15\3/
                                                                                                  4\            
----------------------------------------------------------------------------------------------------------------

     Section 3. Amendment to title 18 with respect to criminal 
         street gangs
       This legislation expends the definition of criminal street 
     gangs to better reflect modern day gang activity.
       Current federal law bases the definition and penalties for 
     criminal street gangs upon the commission of a federal crime 
     of violence or a federal crime involving a controlled 
     substance. Under existing federal law, a person eligible for 
     prosecution as a criminal street gang member must have been 
     convicted within the previous 5 years of a federal or state 
     drug crime or crime of violence, as well as having 
     participated in, or furthered the activities of, a gang. This 
     legislation broadens the definition of criminal street gang 
     activity to include many types of state crimes, such as 
     drive-by shootings, rape, torture, carjacking, kidnaping, and 
     assault with a deadly weapon.
       By expanding the definition of gang membership, more gang 
     members--who commit state crimes--will be subjected to the 
     higher penalties if they subsequently commit a federal crime.

[[Page S4068]]

       Current federal law also requires that there must be five 
     members to meet the requirements of being a gang. Prosecutors 
     and law enforcement officials indicate this number is 
     arbitrary and that some dangerous street gangs consist of 
     fewer members. For that reason, this legislation also lowers 
     the number of participants--from five members to three 
     members--required to meet the definition of a gang.
     Section 4. Interstate and foreign travel of transportation in 
         aid of criminal street gangs
       Doubles penalties for inter-state, gang-related crimes. 
     Also expands Travel Act, passed in 1961 with Mafia-related 
     criminal activity in mind, to respond more effectively to the 
     growing problem of highly sophisticated, mobile and organized 
     street gangs.
       The Travel Act now makes it a federal crime to travel in 
     interstate commerce, or use the mail or other facilities of 
     interstate commerce, to commit or help establish, promote, 
     manage, or carry out extortion, bribery, arson, or any 
     business enterprise involving narcotics, controlled 
     substances, prostitution, gambling, or liquor on which the 
     excise taxes were not paid.
       While the Travel Act allows prosecutors to target some gang 
     activities--such as drug trafficking--the list is not 
     complete. Law enforcement leaders and prosecutors have 
     indicated that the Act needs to be ``modernized'' to better 
     reflect current crimes by gang members.
       Under this legislation, the list of unlawful activities in 
     the Travel Act will be expanded to include crimes that are 
     most committed by gang members. The expanded list will 
     include: drive-by shooting, robbery, burglary, assault with a 
     deadly weapon, intimidation of witnesses, victims, jurors or 
     informants, assault resulting in bodily injury, possession 
     and/or trafficking in stolen property, alien smuggling, 
     firearms trafficking, kidnaping, and insurance fraud.
       In addition, under this legislation, the maximum penalties 
     are doubled from 5 to 10 years for those who violate these 
     provisions without intending to commit violent crimes 
     themselves.
       A conspiracy provision is also added to this statute to 
     make it easier to prosecute all the gang members who help to 
     commit these crimes.
       This Act also doubles the base offense levels for:
       Traveling in interstate or foreign commerce in aid of a 
     street gang, from 6 to 12, which increases the base 
     sentencing rage from a low of zero to six months and a high 
     of twelve to eighteen months, to a new low of ten to sixteen 
     months and a new high of thirty to thirty-seven months; and
       Committing violent crimes in aid of street gang or 
     racketeering activity from 12 to 24, which increases the base 
     sentencing range from a low of ten to sixteen months and a 
     high of thirty to thirty-seven months, to a new low of 51-63 
     months and a new high of 100-125 months.
     Section 5. Solicitation or recruitment of persons in gang 
         activity
       Current federal law contains no penalty for recruiting 
     minors to participate in gang activity. Law enforcement 
     officials indicate that sophisticated crime syndicates will 
     recruit minors to do the ``dirty work'' so that the 
     organizers of the criminal activity cannot be convicted of a 
     crime.
       This legislation makes the recruitment or solicitation of 
     persons to participate in gang activity subject to a one-year 
     minimum and 10-year maximum penalty, or a fine of up to 
     $250,000. If a minor is recruited or solicited, the minimum 
     penalty is increased to four years. In addition, the person 
     convicted of this crime would have to pay the costs of 
     housing, maintaining and treating the juvenile until the 
     juvenile reaches the age of 18 years.
     Section 6. Crimes involving the use of minors as RICO 
         predicates
       To identify a racketeering influenced corrupt organization 
     (RICO), the organization must have engaged in at least two of 
     the more than 25 criminal activities listed under the RICO 
     statute.
       This bill makes the use of a minor in the commission of a 
     federal crime a RICO predicate.
     Section 7. Transfer of firearms to minors for use in crime
       It is now a crime under federal law to knowingly transfer a 
     firearm to be used to commit a violent crime or a drug 
     trafficking crime.
       This legislation adds a mandatory minimum penalty of three 
     years imprisonment if the gun to be used in crime is 
     transferred to a minor.
     Section 8. Penalties
       Increases penalties for transferring handguns to minors.
       The Youth Handgun Safety Act, passed by Congress as part of 
     the 1994 Crime Bill, does not contain sufficient penalties. 
     In fact, one provision of the current Youth Handgun Safety 
     Act requires mandatory probation for a first-time juvenile 
     offender who possesses a handgun. Such a weak penalty meant 
     few prosecutors would utilize the Youth Handgun Safety Act to 
     target gang members. In addition, current law sets different 
     penalties for juveniles and adults who transfer a weapon to a 
     minor.
       The Federal Gang Violence Act toughens the penalties 
     against juveniles and adult who transfer a handgun to a 
     minor--and subjects juveniles and adults to the same 
     penalties for violating this law.
       This legislation changes the Youth Handgun Safety Act by:
       (A) Setting a one-year minimum sentence for anyone--adult 
     or juvenile--who provides a minor with a handgun.
       (B) Holding juveniles accountable when they unlawfully give 
     another minor a handgun by applying the same five-year 
     maximum sentence now given to adults.
       (C) Setting a one-year minimum sentence and applying the 
     same 10-year maximum sentence to adults and juveniles who 
     give a handgun to a minor and should have known the gun would 
     be used in a crime of violence. Currently, the 10-year 
     maximum sentence only applies to adults.
     Section 9. The James Guelff Body Armor Act
       Many police officers around the country are confronting 
     heavily-armed gang members who are wearing bullet-proof 
     vests. This legislation creates a two-year mandatory, 
     consecutive sentence for anyone who wears body armor in the 
     commission of a federal offense.
     Section 10. Serious juvenile drug offense as Armed Career 
         Criminal Act predicates
       The Armed Career Criminal Act provides that if a person has 
     three or more prior convictions of certain crimes (is a 
     career criminal), and he possess, ships, transports or 
     receives a gun or ammunition (is armed), he will be subject 
     to a mandatory minimum 15 year penalty and fine of up to 
     $25,000. Serious drug offenses are already in the list of 
     crimes which count toward the three-conviction minimum; this 
     bill would allow juvenile convictions for serious drug 
     offenses to also count toward that three-conviction minimum.
     Section 11. Increase in time limits for juvenile proceedings
       Expands the time limit for bringing juvenile proceedings to 
     trial.
       Presently, a 30-day time limit exists. With crimes being 
     committed by juveniles becoming increasingly violent and 
     complex, prosecutors need additional time to adequately 
     develop cases. This legislation increases the time limit to 
     70 days.
     Section 12. Applying racketeering offenses to firearms 
         offenses
       Adds firearms violations, such as trafficking, to the list 
     of crimes that can be attacked by prosecutors under RICO.
       Currently, firearms violations are not RICO predicate acts. 
     Prosecutors and law enforcement officials indicate an 
     increasing use of firearms by criminal street gangs to commit 
     home robberies, business invasions, and attacks on rival 
     gangs. Since most of the firearms have moved in interstate 
     commerce--and because firearms are such an integral part of 
     the gang's activity--law enforcement officials have suggested 
     that firearms violations become predicate acts under RICO. 
     Since two criminal activities must be proven before RICO 
     organizations can be identified, firearms violations alone 
     would not lead a group to be pursued under the RICO laws.
       This legislation would amend the list of RICO predicate 
     acts to include firearms violations.
       Identifying an organization dedicated to criminal activity 
     in accordance with the RICO statute results in asset 
     forfeiture and a maximum of 20 years in prison. In addition, 
     the RICO Statute allows federal prosecutors to charge such an 
     organization with state crimes they may have committed as 
     well as federal crimes.
     Section 13. Use of linguists
       Promotes the use of State Department linguists to assist in 
     translating and monitoring wiretaps in gang investigations. 
     Federal law enforcement and courts are experiencing 
     difficulty and high costs in locating and employing certified 
     translators for southeastern Asian languages and Chinese 
     dialects used by some gangs.
     Section 14. Additional prosecutors
       The Federal Gang Violence Act authorize appropriations of 
     $100 million over the next five years for hiring additional 
     federal prosecutors to prosecute violent youth gangs.

  Mrs. FEINSTEIN. Mr. President, I rise today, along with Senators, 
Hatch, Kerry, Harkin, Reid, and D'Amato  to introduce the Federal Gang 
Violence Act of 1996--legislation that makes the Federal Government a 
more active partner in the war against violent and deadly organized 
gangs.
  Mr. President, today's gangs are not the bands of loosely organized 
street kids glamorized in West Side Story. Today's gangs are very 
different. Consider this:
  Just last week, the U.S. attorney's office in San Francisco made 
arrests in a major alien smuggling operation run by organized gangs 
based in New York and San Francisco. Operation Sea Dragon netted 23 
people in connection with a large-scale plan to smuggle two boatloads 
of more than 270 aliens from China into the United States in 1993.
  According to the U.S. attorney's office, a number of powerful New 
York-based gangs, including the White Tigers, Fuk Ching, and the Broom 
Street Boys joined forces with two bay area gangs to off load the 
smuggled aliens. A San Francisco-based Vietnamese gang was responsible 
for furnishing the

[[Page S4069]]

fishing boats to ferry the smuggled aliens ashore, where a Chinese gang 
out of Oakland had provided land transportation and drop houses to 
facilitate the aliens travel to New York. Presumably, once in New York, 
these illegal aliens were to live in indentured servitude while they 
paid off the up to $30,000 in crossing debts that the gangs typically 
charge each passenger.
  Alien smuggling is a very lucrative international business--law 
enforcement estimates it brings in $3 billion a year for smugglers.
  But alien smuggling is just one example of the kinds of dangerous 
criminal activities modern gangs are engaged in. Today's gangs are 
organized and sophisticated traveling crime syndicates--much like the 
Mafia--that regularly cross State lines to recruit new members, 
traffick in drugs, weapons, and illegal aliens, and steal and murder.
  In just one city, Los Angeles, nearly 7,300 of its citizens were 
murdered in the last 16 years from gang warfare. This is more people 
than have been killed in all the terrorist fighting in northern 
Ireland.
  Gangs were responsible for: 43 percent of all homicides in Los 
Angeles in 1994; 41 percent of homicides in Omaha, Nebraska in 1995; 
and more than half of all violent crimes in Buffalo, NY, in 1994.
  In Phoenix, AZ, gang-related homicides jumped 800 percent between 
1990 and 1994; and
  In Wichita, KS, drive-by shootings jumped from 8 in 1991 to 267 in 
1993--a 3000-percent increase in just 2 years. This in a small city of 
300,000.
  These are just a few examples of the alarming rise in gang violence 
gripping our streets. We are becoming numb to the violence.
  In Los Angeles in February, City Councilwoman Laura Chick, chair of 
the LA Public Safety Committee, received a faxed report that six people 
had been murdered over the weekend in LA--and it was not even reported 
in the press.
  Criminal gangs are now engaged in million dollar heists, home and 
business invasions, major narcotics and weapons trafficking, and yes, 
illegal alien smuggling.
  And they are crossing State lines to establish criminal operations in 
other States looking for untapped markets.
  Sgt. Jerry Flowers with the gang crime unit in Oklahoma City captured 
the migration instinct of these gangs when he said: ``the gang leaders 
realized that the same ounce of crack cocaine they sold for $300 in Los 
Angeles was worth nearly $2,000 in Oklahoma City''.


                            BLOODS and CRIPS

  The Bloods and the Crips, gangs that originated in Los Angeles in the 
late 1960's, are the Nation's two largest street gangs. And they are 
expanding.
  Local police and the FBI have traced factions of these gangs to more 
than 119 cities in the West and Midwest with more than 60,000 members. 
According to the FBI, narcotics trafficking is their principle source 
of income.


                           gangster disciples

  The Gangster Disciples, according to local authorities, is a Chicago-
based 30,000 member multimillion dollar gang operation spanning 35 
States.
  They traffic in narcotics and weapons, and are said to operate much 
like a ``Fortune 500 Company'' with two boards of directors--one in 
prison and one outside--a layer of Governors and regents, a tax 
collector and some 6,000 salespersons. Their income is estimated at 
$300,000 daily.


                          russian crime gangs

  Russian organized crime activity in the United States has been 
expanding for the past 20 years, but its most significant growth has 
occurred during the past 5 years. Twenty-nine States now report 
activities by Russian crime groups.
  FBI Director Louis Freeh stated that more than 200 of Russia's 6,000 
crime gangs operate with American counterparts in the United States.
  Russian gangs tend to be more loosely organized than other gangs, but 
they have formed networks that operate and shift alliances to meet 
particular needs.
  The California Attorney General indicates that the most common 
criminal activities by Russian organized crime gangs are fraud schemes 
involving fuel tax, insurance, and credit card fraud. But they also 
engage in more common organized crime activities-extortion, loan 
sharking, drug trafficking, auto theft, and prostitution.


                              asian gangs

  The Department of Justice indicates that, among ethnic gangs, 
Jamaican and Asian gangs are considered by many law enforcement 
officials to pose the largest threat. Asian gangs have been identified 
as major threats in more than 17 cities.
  In Los Angeles alone there are more than 100 Asian gangs with 10,000 
members.
  Illegal activities include: alien smuggling, murder, kidnapping, 
extortion, home invasion robberies, high-technology heists, and 
firearms trafficking.
  Vietnamese gangs, in particular, have become a serious threat in many 
cities. They tend to be very violent, are more sophisticated 
organizationally, and have specialized in stealing multimillion dollar 
quantities of computer chips.
  At least 400 Silicon Valley businesses that deal in computer chips 
have been hit in the last year and a half, losing tens of millions of 
dollars. Computer firms lose as much as $1 million a week in thefts.


                        current laws not enough

  Mr. President, Federal laws now on the books were designed to fight 
one type of organized crime--the Mafia. And I believe today's laws just 
are not enough to take on these modern gangs.
  For the past 7 months, my staff has met with prosecutors, law 
enforcement officers, and community leaders to search for solutions to 
the problem of gang violence. The legislation I am introducing today, 
The Federal Gang Violence Act of 1996, is the result of our work.
  This legislation strengthens Federal law by attacking gang violence 
on three fronts:
  It doubles the sentence for any member of an organized criminal gang 
who commits a Federal crime;
  Expands the scope of gang-related criminal acts to include such 
activities as carjacking and drive-by shootings, and significantly 
increases penalties for those crimes; and
  Checks the growth of gangs by making the recruitment of minors into 
criminal gangs a Federal offense with stiff penalties.
  Specifically, this legislation:
  First, doubles the actual sentence for any member of an organized 
criminal street gang who commits a Federal crime.
  Current Federal law increases the penalties for organizers, leaders, 
managers, and supervisors of criminal activity--including gang 
leaders--who commit a federal crime. However, members of known criminal 
street gangs currently are not subjected to higher penalties when a 
Federal crime is committed.
  Many prosecutors and law enforcement leaders indicate that gang 
members--in addition to the leaders and supervisors of gangs--should 
see their penalties increased to provide a stronger deterrent for 
children to stay away from gangs.
  This legislation amends the sentencing guidelines so that individual 
gang members convicted of felonies would have their sentencing level 
approximately doubled. For example: Now if a first-time offender who is 
a member of a gang is convicted of gun trafficking, he would get a 
minimum of 4\3/4\-6 years in jail. Under this legislation, the sentence 
would be increased to 9-11\1/4\ years.
  Second, expands the definition of criminal street gangs in Federal 
law to better reflect modern-day gang activity.
  The bill broadens the definition of criminal street gang activity in 
title 18 of the Criminal Code to include many types of State crimes, 
such as drive-by shootings, rape, torture, carjacking, kidnaping, and 
assault with a deadly weapon.
  This legislation also lowers the number of participants--from five 
members to three members--required to meet the definition of a gang.
  Third, doubles penalties for interstate, gang-related crimes and 
expands the Travel Act to respond more effectively to the growing 
problem of highly sophisticated, mobile, and organized street gangs.
  The Travel Act was originally written in 1961 with Mafia-style 
activity in mind. While the Travel Act as it is now written allows 
prosecutors to target

[[Page S4070]]

some gang activities--such as drug trafficking--the list is not 
complete. Law enforcement leaders and prosecutors have indicated that 
the act needs to be modernized to better reflect current crimes by gang 
members.
  Under this legislation, the list of unlawful activities in the Travel 
Act will be expanded to include the following crimes: Drive-by 
shooting; robbery; burglary; assault with a deadly weapon; intimidation 
of witnesses, victims, jurors, or informants; assault resulting in 
bodily injury; possession and/or trafficking of stolen property; alien 
smuggling; firearms trafficking; kidnaping; and insurance fraud.
  In addition, under this legislation, the maximum penalties are 
doubled from 5 to 10 years for those who violate these provisions 
without intending to commit violent crimes themselves.
  A conspiracy provision is also added to this statute to make it 
easier to prosecute all the gang members who help to commit these 
crimes.
  This act also doubles the base offense levels under the sentencing 
guidelines for: Traveling in interstate or foreign commerce in aid of a 
street gang, from 6 to 12, which increases the base sentencing range 
from a low of zero to 6 months and a high of 12 to 18 months, to a new 
low of 10 to 16 months and a new high of 30 to 37 months; and 
committing violent crimes in aid of street gang or racketeering 
activity from 12 to 24, which increases the base sentencing range from 
a low of 10 to 16 months and a high of 30 to 37 months, to a new low of 
51 to 63 months and a new high of 100 to 125 months.

  Fourth, solicitation or recruitment of persons into gang activity: 
Current Federal law contains no penalty for recruiting minors to 
participate in gang activity. Law enforcement officials indicate that 
sophisticated organized crime syndicates will recruit minors to do the 
dirty work so that the organizers of the criminal activity cannot be 
convicted of a crime.
  This legislation makes the recruitment or solicitation of persons to 
participate in gang activity subject to a 1-year minimum and 10-year 
maximum penalty, or a fine of up to $250,000. If a minor is recruited 
or solicited, the minimum penalty is increased to 4 years. In addition, 
the person convicted of this crime would have to pay the costs of 
housing, maintaining and treating the juvenile until the juvenile 
reaches the age of 18 years.
  Fifth, this bill makes the use of a minor in the commission of a 
Federal crime a RICO predicate.
  Identifying an organization dedicated to criminal activity in 
accordance with the RICO Statute results in asset forfeiture and a 
maximum of 20 years in prison.
  Sixth, transfer of firearms to minors for use in crime.
  It is now a crime under Federal law to knowingly transfer a firearm 
to be used to commit a violent crime or a drug trafficking crime.
  This legislation adds a mandatory minimum penalty of 3 years 
imprisonment if the gun to be used in crime is transferred to a minor.
  Seventh, this legislation increases penalties for transferring 
handguns to minors.
  The Youth Handgun Safety Act, passed by Congress as part of the 1994 
crime bill, does not contain sufficient penalties against juveniles who 
possess handguns.
  In fact, one provision of the current Youth Handgun Safety Act 
requires only mandatory probation for a first-time juvenile offender 
who possesses a handgun. Such a weak penalty has meant few prosecutors 
would utilize the Youth Handgun Safety Act to target gang members. In 
addition, current law sets different penalties for juveniles and adults 
who transfer a weapon to a minor.

  The Federal Gang Violence Act toughens the penalties against 
juveniles and adults who transfer a firearm to a minor--and subjects 
juveniles and adults to the same penalties for violating this law.
  This legislation changes the Youth Handgun Safety Act by:
  Setting a 1-year minimum sentence for anyone--adult or juvenile--who 
provides a minor with a handgun.
  Holding juveniles accountable when they unlawfully give another minor 
a firearm by applying the same 5-year maximum sentence now given to 
adults.
  Setting a 1-year minimum sentence and applying the same 10-year 
maximum sentence to adults and juveniles who give a firearm to a minor 
and should have known the gun would be used in a crime of violence. 
Currently, the 10-year maximum sentence only applies to adults.
  Juveniles under 13 years old, however, would not be subject to these 
mandatory minimum sentences.
  Eighth, the James Guelff Body Armor Act: Many police officers around 
the country are confronting heavily armed gang members who are wearing 
bullet-proof vests. This legislation makes it a separate crime to wear 
body armor in the commission of a Federal offense, which would be 
punished by automatically adding 2 years to the sentence for the 
original crime.
  Ninth, serious juvenile drug offenses as Armed Career Criminal Act 
predicates:
  The Armed Career Criminal Act provides that if a person has three or 
more prior convictions for certain crimes--is a career criminal--and he 
possesses, ships, transports, or receives a gun or ammunition, is 
armed, he will be subject to a mandatory minimum 15-year penalty and 
fine of up to $25,000.
  Serious drug offenses are already in the list of crimes which count 
toward the three-conviction minimum; this bill would allow juvenile 
convictions for serious drug offenses to also count toward that three-
conviction minimum. This would not apply to nickel-and-dime possession 
offenses, but to drug dealing which is punishable by ten or more years 
in prison.
  Tenth, expands the time limit for bringing juvenile proceedings to 
trial.
  Presently, a 30-day time limit exists. With crimes being committed by 
juveniles becoming increasingly violent and complex, prosecutors need 
additional time to adequately develop cases. This legislation increases 
the time limit to 70 days.

  Eleventh, adds firearms violations, such as trafficking, to the list 
of crimes that can be attacked by prosecutors under RICO.
  Currently, firearms violations are not RICO predicate acts. 
Prosecutors and law enforcement officials indicate an increasing use of 
firearms by criminal street gangs to commit home robberies, business 
invasions, and attacks on rival gangs.
  Since most of the firearms have moved in interstate commerce--and 
because firearms are such an integral part of the gang's activity--law 
enforcement officials have suggested that firearms violations become 
predicate acts under RICO.
  Twelfth, this legislation promotes the use of State Department 
linguists to assist in translating and monitoring wiretaps in gang 
investigations. Federal law enforcement and courts report that they are 
experiencing difficulty and high costs in locating and employing 
certified translators for Southeastern Asian languages and Chinese 
dialects used by some gangs.
  Thirteenth, this legislation provides $100 million over the next 5 
years for hiring additional Federal prosecutors to prosecute violent 
youth gangs.
  Mr. President, the legislation I have laid out for you today is a 
starting point, and I think it is long overdue. I know there is no 
silver bullet to cure our Nation of the ills wrought by street gangs. 
But this legislation takes an important step forward by adding the 
Federal Government's weight to what has thus far been largely State and 
local war on gangs by significantly strengthening the Federal laws that 
deal with gang crime.
  It is my belief that the only real long-term solution lies in 
combining forces at the Federal, State, and local level.
  And I am pleased to say that thus far, this legislation has received 
nearly 80 endorsements from local California law enforcement, including 
Los Angeles County District Attorney Gil Garcetti, Los Angeles County 
Sheriff Sherman Block, and Police Chiefs in Fresno, Oakland, and 
Sacramento.
  I urge my colleagues to support this legislation, and I welcome their 
input as this bill moves forward.
  Mr. KERRY. Mr. President, today I rise to support the Federal Gang 
Violence Act which we are introducing to combat the growing problem of 
gang violence. According to the FBI, juvenile gang killings rose by 371 
percent from 1980 to 1992, the fastest growing of

[[Page S4071]]

all the homicide categories. But, Mr. President, this problem is not 
just a series of statistics.
  Less than a year ago in Massachusetts, a young prosecutor, Assistant 
Attorney General Paul McLauglin, was gunned down by a hooded youth in a 
display of gang violence and brutality unprecedented in my State. It 
was a brutal assassination of a public servant doing his job--the kind 
of violence we see in other nations, but thankfully, only rarely in 
America.
  Earlier this year, I met with law enforcement officials, local 
elected officials, and Justice Department officials in western 
Massachusetts where gang activity has grown dramatically. The officials 
told me that in the Route 91 corridor, gangs operate from Connecticut 
through Massachusetts and up into Vermont. In fact, last year a major 
incident involving gangs from western Massachusetts occurred in 
Rutland, VT.
  Because of this and similar meetings with law enforcement officials 
across Massachusetts, I went to Senators Feinstein and Hatch to offer 
my assistance in developing this antigang legislation. Although 
officials in western Massachusetts told me that the area is already 
benefiting from the COPS Program, we must do more. I am proud of the 
role I played in getting the COPS Program expanded in the crime bill, 
so that we will put 100,000 police officers on the beat to fight crime. 
The COPS Program is beneficial but not a sufficient Federal response to 
youth gangs.
  Nationally, juvenile arrests for violent crime increased by 75 
percent during the past decade. According to a Department of Justice 
survey of law enforcement officials in 35 cities with organized 
antigang programs, there are almost 1,500 gangs and over 120,000 gang 
members across the country.
  The legislation we are introducing today would crack down on violent 
gangs by toughening Federal penalties against criminal street gangs and 
organized crime syndicates. Gang members who commit Federal crimes or 
recruit other youths--and especially gangs who cross State lines to 
commit crimes--would receive stricter penalties.
  Of course, the overwhelming majority of America's 27 million youths 
between the ages of 10 and 17 never commit violent crimes or enter the 
juvenile or criminal justice systems. Overall, children remain far more 
likely to be the victims of violent crime than offenders. According to 
the most recent data from the Department of Justice, one in nine 
children ages 12 to 19 was a victim of violent crime in 1993, while 
fewer than one in 200 youths was arrested for a violent offense.

  But ultimately, Mr. President, the solution to youth violence must 
address the fact that too many young people live in poverty, which puts 
children at particular risk for violent behavior by reducing the 
quality of their community supports such as housing and schools, 
limiting their opportunities for education and employment, and dimming 
their sense of hope about the future. We can pass tougher and tougher 
laws but without at least an ounce of prevention we will not solve the 
problem.
  We also must deal with the fact that handguns are too accessible. 
Handguns pose an ever-increasing danger to the safety and welfare of 
the American public. Nearly one-third of children ages 10 to 17 
surveyed in 1993 said they knew how to get a gun. The source is often 
their own home. School security and law enforcement officials estimate 
that 80 percent of the firearms that students bring to school come from 
home. And according to the most recent figures, over 25 Americans are 
killed each day by handguns. If it's true that ``people kill people,'' 
it's also true that they most frequently do so with handguns.
  But we must also learn more about gang violence. Despite continuing 
research on the nature and extent of gang problems, data on youth gangs 
remain spotty. The Department of Justice's Office of Juvenile Justice 
and Delinquency Prevention [OJJDP] recently reported that ``because 
research has been limited and because researchers have no real 
consensus on the definition of a gang or gang incident, the scope and 
seriousness of the youth gang problem are not reliably known.'' Better 
information is clearly needed.
  I look forward to working with Senators Feinstein and Hatch to making 
further refinements to the bill to ensure the delicate balance between 
bringing criminals to justice and protecting civil liberties. In 
particular, I'm interested in examining the provision which requires 
serious drug offenses committed as a juvenile to count toward the 
provision which imposes a mandatory minimum 15 year sentence for 
juveniles or adults who have a record of three serious drug offense 
convictions and commit a gun offense. We must be careful not to 
eliminate the juvenile justice system as the ``second chance'' it is 
intended to provide.
  Finally, I want to recognize the leadership of Senator Feinstein and 
Senator Hatch for their efforts to combat gang violence through this 
legislation. I also want to express my admiration for the Senator from 
California for her leadership on the assault weapons ban, both in her 
courageous efforts to pass it through Congress and her tenacity in 
stopping efforts to repeal it.
  Too many children in the United States go to sleep to the sounds of 
gunfire and accept as normal the violent deaths of siblings, friends, 
and schoolmates. Working together, we can combat gang violence, 
poverty, and handguns to ensure we no longer have to live under the 
constant threat of violence.
  Mr. D'AMATO. Mr. President, I am pleased to join my colleagues in 
introducing the Federal Gang Violence Act. The provisions of this bill 
are greatly needed in order to reduce the growing threat of gang 
violence.
  The Department of Justice released a report last month stating that 
79 of our largest cities have over 3,800 youth gangs, with a total of 
200,000 gang members. The gangs are taking over our cities and towns. 
With an increase in the presence of gangs comes an increase in their 
criminal activities.
  The Justice Department reports that while gang presence seems to be 
increasing, these gangs are also establishing an organizational 
sophistication that they did not possess before. With an expected surge 
in juvenile violent crimes, loopholes in the law must be corrected. And 
now.
  Let me clarify one thing first. Gangs are not an urban problem; gangs 
are located in every geographical location--cities, suburbs, and rural 
areas. There is not one common gang activity; each gang performs 
different illegal activities. Gang activities are not restricted to 
certain areas of cities; the gangs' reach extends to our schools. It is 
clear that the response must be as varied as the problem. This bill 
takes the diversity into account and responds to those different 
activities by taking the most effective action--increasing the 
sentences. The penalty is doubled for any interstate gang-related 
crimes. Doubles the penalty for gang members that extort, bribe, deal 
in drugs, intimidate a witness or participate in a drive-by shooting. 
Any violent crime committed as part of gang activity gets an increased 
sentencing offense level.
  Stiffer punishment is essential if we are to combat gang violence. A 
Department of Justice report states that 68 percent of male inmates in 
juvenile correctional facilities admit that their gang had regularly 
bought and sold guns and over 60 percent described driving around 
shooting at people regularly.
  Because recruitment is so important to perpetuate the criminal gang 
activities, whether the person recruited is a minor or an adult, a new 
offense must be created. And this bill will do just that. It is 
imperative to stop the recruitment. Gangs can only continue to wreak 
havoc if they have the members to carry out their misdeeds.
  A provision of the Federal Gang Violence Act treats alien smuggling 
as a predicate act under the RICO--racketeering. It will also make 
alien smuggling a money laundering crime. This is especially timely 
after the indictment last February of 64 violent organized crime gang 
members of the Flying Dragons in Chinatown. These smugglers brought in 
hundreds of illegal Chinese immigrants and then proceeded to kidnap, 
torture, and extort money. These provisions could only add to their 
sentences if convicted. These people should be in prison for decades 
for the acts alleged.
  These provisions are a commonsense approach. For instance, any 
criminal

[[Page S4072]]

who wears body armor during the commission of a felony certainly 
deserves to get an additional 2 years mandatory minimum. The intent is 
clear; the gang member committing a felony wearing body armor knows the 
dangers involved.
  The potential gang members have much to fear themselves. A special 
report completed by the National Gang Crime Research Center found that 
two-thirds of gang members have had friends or family members killed 
because of the gang violence. These victims may never have chosen the 
route of gang violence but were swept in by the activities of the gang 
members.
  The violence committed by gangs affects our entire country. The wreak 
havoc on business owners, individuals, family members, and themselves. 
It is time to do something about it. I thank my colleagues for working 
to enhance the penalties of the crimes committed by gang members and am 
pleased to be an original cosponsor of this legislation. I urge my 
colleagues to cosponsor this bill.
                                 ______