[Congressional Record Volume 147, Number 105 (Wednesday, July 25, 2001)]
[Senate]
[Pages S8207-S8213]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mr. Hatch):
  S. 1236. A bill to reduce criminal gang activities; to the Committee 
on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Criminal Gang 
Abatement Act of 2001, a bill to give law enforcement additional tools 
to fight the scourge of gang violence.
  This legislation builds on and improves the Violent Crime Control and 
Law Enforcement Act of 1994, the first Federal statute to address 
directly the problem of criminal gangs.
  I am delighted that Senator Hatch joins me in introducing this bill 
and I thank him for his hard work in helping develop the legislation.
  I know that this bill will be familiar to my colleagues. It is 
similar to legislation that was included in the Juvenile Justice bill 
in the last Congress.
  The Senate passed the Juvenile Justice bill overwhelmingly. 
Unfortunately, it did not become law. That is why Senator Hatch and I 
are introducing this gang legislation separately.
  Mr. President, I care deeply about solving the problem of gang 
violence and crime.
  I worked extensively on this problem when I was Mayor of San 
Francisco and have long considered it one of my top priorities.
  I am often struck by how vicious gang crimes can be, and how damaging 
they are to the victims and to the surrounding community.
  Let me give you a couple of recent examples from my own home city of 
San Francisco.
  Last year, gang members tried to rob a passerby with an assault 
weapon from their car. When the victim resisted, the gang shot the 
victim 17 times. The victim survived but will never walk again.
  Only two months before that assault, two rival gangs had a shootout 
in San Francisco's Mission District. An innocent bystander was caught 
in the crossfire and shot through both legs.
  A brave eyewitness gave law enforcement the name of one shooting 
suspect, who was then arrested. The gang then tracked down the witness, 
put a 9 millimeter automatic to his head, and threatened to kill him 
for cooperating with the police.
  I would like to explain how this legislation will help deter and 
punish such crimes, and why Congress should act quickly to pass it.
  First, the bill makes it a separate Federal crime to recruit persons 
to join a criminal street gang with the intent that the recruit 
participate in a Federal drug or violent crime.
  The penalty is up to 10 years in jail. The offender can also be held 
responsible for reimbursing the government's costs in housing, 
maintaining, and treating the minor until the age of 18.
  The purpose of this provision is to deter criminal gang recruitment.
  Such recruitment has continued to grow and grow every year.
  Even while crime has been dropping generally, the number of criminal 
gangs and gang members has spiraled.
  The 1999 Justice Department survey of gangs, the most recent 
available, found that the number of gang members has increased 8 
percent just from 1998.
  In fact, the growth of criminal gangs in the country over the last 20 
years, has been extraordinary.
  Twenty years ago, the gang problem was centered in Los Angeles and 
Chicago. Today, though, there are gangs in all 50 States and the 
District of Columbia.
  In 1980, there were gangs in 286 jurisdictions. Today, they are in 
over 1500 jurisdictions.
  In 1980, there were about 2000 gangs. Today, there are over 26,000 
gangs.
  In 1980, there were about 100,000 gang members. Today, there are 
840,500 gang members.
  Let me read from a Department of Justice publication entitled ``The 
Growth of Youth Gang Problems in the United States: 1970-1998'' that 
was just released a few months ago:

       Youth gang problems in the United States grew dramatically 
     between the 1970's and 1990's, with the prevalence of gangs 
     reaching unprecedented levels. The growth was manifested by 
     steep increase in the number of cities, counties, and States 
     reporting gang problems. Increases in the number of gang 
     localities were paralleled by increases in the proportions 
     and populations of localities reporting gang problems. There 
     was a shift in regions contains larger numbers of gang 
     cities, with the Old South showing the most dramatic 
     increase. The size of the gang-problem localities also 
     changed, with gang problems spreading to cities, villages, 
     and counties smaller in size than at any time in the past.

  And as gangs have increased, so have all forms of youth violence.
  That is because youngsters who join gangs are much more likely to 
commit violent crimes than similarly situated youngsters who are not in 
gangs.

[[Page S8208]]

  Research shows, for example, that young people who join gangs are 
four to six times more likely to engage in criminal behavior when they 
are gang members than when they are not.
  And it is also because gang members are responsible for a large 
proportion of violent crime. They don't just commit one violent crime 
but many.
  One study found, for example, that gang members, who were 14 percent 
of sample, reported committing 89 percent of all serious violent 
offenses in the area.
  Enacting this bill would give law enforcement an important tool to 
deter criminal gang recruitment, thus reducing gang crime.
  The bill makes it a separate Federal crime to use a minor to commit a 
Federal violent crime, and sets penalties for doing so.
  The penalty is twice the maximum term that would otherwise be 
authorized for the offense or, for repeat offenders, three times the 
maximum penalty.
  The bill also increases the minimum penalties for persons using 
minors to distribute drugs.
  Currently, both first-time and repeat offenders can receive a minimum 
of only a year.
  Under the bill, a first-time offender will receive at least 3 years 
and a repeat-offender will receive at least 5 years.
  These provisions are intended to deter gangs from recruiting 
youngsters to commit crimes.
  Gangs recruit minors because they know that children are often not 
fully aware of the consequences of their actions.
  Gangs also know that, if the child is caught, he or she will probably 
receive lighter punishment than an adult.
  Gangs commonly start new recruits as drug lookouts or runners.
  Once the youngsters get older, gangs encourage them to engage in more 
violent activity.
  And young recruits often commit violent crimes to gain the gang's 
respect and improve their status within the gang.
  I am very troubled by the fact that many youngsters, some barely in 
their teens, are lured into gangs by older children and start a life of 
crime even before they start high school.
  One study of eighth graders in 11 cities, found that 9 percent were 
currently gang members and 17 percent said that they had belonged to a 
gang at some point in their lives.
  According to California law enforcement, the average age of a new 
gang recruit in Los Angeles is 11, in San Diego 12-15, and in San 
Francisco 15.
  In Alabama, it is 12-14. In Virginia, it is 13. In Ohio, it is 16.
  In gangs such as the Latin Kings, babies of gang members are 
considered gang members from birth.
  A South Carolina law enforcement officer told us that he recently 
looked into the case of one six-year-old child, who was found wearing 
typical gang attire, holding a gun and beeper, and tattooed with the 
phrase ``Thug Life.''
  I believe that we need to punish gang recruitment of children very 
severely. This bill would do that.
  The bill increases the penalties for gang members who commit drug or 
violent crimes and who use physical force to tamper with witnesses, 
victims, or informants.
  The bill also generally directs the U.S. Sentencing Commission to 
increase penalties for criminal street gang members who commit crimes.
  There is a strong link between gangs and drugs. By fighting gangs, we 
can help reduce the supply of illegal drugs in this country.
  According to the 1999 Justice Department gang survey, almost half of 
youth gang members sell drugs to generate profits for the gang.
  A survey of California law enforcement by my staff found that gang 
members in the States' largest cities are involved in 50 to 90 percent 
of all drug offenses.

  This is confirmed by gang members themselves.
  For example, in one survey of State prison inmates who were gang 
members, almost 70 percent said that they had manufactured, imported, 
or sold drugs as a group.
  Worse, the DOJ 1999 gang survey found that about 40 percent of youth 
gangs are ``drug gangs,'' that is, gangs organized specifically to 
traffic in drugs.
  This is an increase from the 34 percent reported for 1998. The 
increase was particularly pronounced in rural areas.
  There is also a close correlation between gangs and violent crimes.
  For example, gangs commit about half of all violent crimes in 
California's major cities. In some areas of Los Angeles, such as South 
Central and East Los Angeles, gangs account for 70-80 percent of all 
violent crimes.
  The increased penalties in this legislation will help reduce drug and 
violent crimes, including threats against witnesses and informants.
  Currently, under the Federal gang statute, 18 U.S.C. 521, gang 
members can only get enhanced penalties for gang crimes that involve 
drugs or violence.
  The penalty is up to an additional 10 years in jail.
  This bill allows enhanced penalties for crimes that are often 
committed by gang members but which may not involve drugs or violence.
  These crimes include distributing explosives, kidnapping, extortion, 
illegal gambling, money laundering, obstruction of justice, and 
illegally transporting aliens.
  The crimes act as ``predicate'' crimes permitting an additional 
charge of participating in a criminal gang.
  The Federal gang statute is sort of similar in design to the criminal 
RICO statute. That statute permits an additional RICO charge where the 
defendant, as part of his or her criminal conspiracy, commits two or 
more predicate acts.
  The bill ensures that, for gang offenses, offenders can get a 
sentence up to 10 years greater than the maximum term they receive for 
their most serious offense. They can also forfeit property derived from 
the offense.
  The offenses added by the bill are those commonly pursued by gangs.
  One study of gangs in various counties, for example, found that: 44-
67 percent of gang members reported being involved in auto theft; 34-48 
percent in intimidating or assaulting witnesses or victims; and 4-10 
percent in kidnapping.
  Other studies have found that gang extortion is also common.
  Drug gangs commonly use booby traps, that sometimes include 
explosives, to protect their cultivation or manufacturing sites from 
law enforcement authorities and the public.
  Numerous gangs illegally launder their illicit drug profits.
  These include Russian and West African criminal gangs as well as 
street gangs such as the Bloods, Crips, Gangster Disciples, and Latin 
Kings.

  Alien smuggling and harboring is especially prevalent in San 
Francisco, Los Angeles, Boston, and New York.
  Among the worst offenders is the brutal Fuk Ching gang.
  After a police crackdown in New York, law enforcement reports that 
Fuk Ching began to branch out to Chicago, Maryland, and western 
Pennsylvania.
  The changes made by this legislation should help reduce drug and 
violent crimes.
  The Travel Act allows Federal prosecutors to charge certain 
interstate crimes such as extortion, bribery, and arson, and for 
business enterprises involving gambling, liquor, drugs, or 
prostitution.
  This statute was passed in 1961 with Mafia-related criminal activity 
in mind.
  This legislation amends the Travel Act to enable law enforcement to 
respond more effectively to the growing problem of organized, highly 
sophisticated, and mobile criminal street gangs.
  While the Travel Act currently allows law enforcement to target some 
activities, such as drug trafficking, the list is not complete.
  The list needs to be updated to better reflect interstate crimes 
often committed today by gang members.
  Thus, the bill amends the Travel Act to include crimes such as drive-
by shootings, serious assaults, and intimidating witnesses.
  In California's largest cities, gang members commit 80-100 percent of 
all drive-by shootings and around 50 percent of violent crimes.
  The numbers are similar for other states as well.
  A recent survey in Illinois, for example, found that 50 percent of 
the jurisdictions in that state face a serious problem of gang drive-by 
shootings.

[[Page S8209]]

  The bill also increases the maximum penalty for most violations of 
the Travel Act from 5 years to 10 and authorizes the death penalty for 
certain homicides that technically do not qualify as murder.
  Defendants who commit violent crimes covered by the act or who try to 
intimidate or retaliate against witnesses can get 20 years. And, if 
they kill someone, they can get life imprisonment or the death penalty.
  The bill should ensure that prosecutors can use the Travel Act to act 
against crimes caused by the new Mafia: organized street gangs.
  The bill would increase the penalties for using or attempting to use 
physical force to intimidate witnesses.
  The bill would increase the maximum punishment for this crime from 10 
years to 20 years.
  The bill would also create a crime of threatening to use physical 
force against a witness.
  Such a threat could be punished by up to 10 years.
  Violent crimes by gang members often go unpunished because witnesses 
are afraid that, if they testify, gangs will kill or hurt them or their 
families.
  For example, the Philadelphia deputy district attorney testified 
before Congress in 1997 that a very high number of the unsolved 
homicides in Philadelphia were unsolved due to gang intimidation.
  One study found that intimidation of victims and witnesses was a 
major problem for 40-50 percent of prosecutors.
  A similar study determined that witness intimidation occurs in at 
least 75 percent of violent crimes in gang-dominated neighborhoods.
  Recently, DOJ estimated that witness intimidation has been growing 
since 1990 and is now a factor in about two-thirds of violent crimes 
committed in some gang-dominated neighborhoods.
  The bill would help deter and punish victim and witness intimidation 
by gangs.
  The bill amends several criminal statutes to address violent crimes 
frequently or typically committed by gangs.
  Crimes include carjacking, assault, manslaughter, racketeering, 
murder-for-hire, and fraud against the United States.
  These amendments make it easier for prosecutors to prove these crimes 
by eliminating or modifying the intent requirement for the crimes or by 
increasing the penalties for violations.
  The bill permits the Attorney General to designate high intensity 
interstate gang activity areas, HIIGAs, and authorizes $100,000,000 for 
each of 7 years for these task forces.
  These provisions are modeled after similar provisions creating high 
intensity drug trafficking areas, HIDTAs.
  HIDTAs are joint efforts of local, State, and Federal law enforcement 
agencies whose leaders work together to assess regional drug threats, 
design strategies to combat those threats, and to develop initiatives 
to implement the strategies.
  HIDTAs are based on an equal partnership between different law 
enforcement agencies.
  HIDTAs integrate and synchronize efforts to reduce drug trafficking.
  They eliminate unnecessary duplication of effort and maximize 
resources.
  And they improve intelligence and information sharing both within and 
between regions.
  HIDTAs are necessary because drug trafficking tends to be 
``headquartered'' in certain areas of the country, from which it 
spreads to other areas.
  Moreover, drug traffickers have been highly organized and developed 
sophisticated interstate and international operations.
  However, both of these points are true for criminal gangs generally.
  While criminal street gangs flourish in certain urban areas such as 
Los Angeles and Chicago, they typically also use these cities as bases 
to invade more rural locales.
  In addition, many gangs have gone from relatively disorganized groups 
of street toughs to highly disciplined, hierarchical ``corporations,'' 
often encompassing numerous jurisdictions.
  The Gangster Disciples Nation, for example, developed a corporate 
structure.
  They had a chairman of the board, two boards of directors, one for 
prisons and one for streets, governors, regents, area coordinators, 
enforcers, and ``shorties,'' youth who staff drug-selling sites and 
help with drug deals.
  From 1987 to 1994, this gang was responsible for killing more than 
200 people. Moreover, one-half of their arrests were for drug offenses 
and only one-third for nonlethal violence.
  In 1996, the Gangster Disciples Nation and other Chicago-based gangs 
were in 110 jurisdictions in 35 States.
  Southern California-based gangs are equally well-dispersed.
  In 1994, gangs claiming affiliation with the Bloods or Crips, both of 
whom are based in Southern California, were in 180 jurisdictions in 42 
states.
  As a result of such dispersal, violent criminal gangs can be found in 
rural areas.
  For example, Washington State law enforcement told us about one gang 
member that they traced from Compton, California to San Francisco, then 
to Portland, Seattle, and Billings, Montana, and finally Sioux Falls, 
South Dakota.
  The Justice Department has found that, from the 1970s to the 1990s, 
the number of small cities or towns, those with populations smaller 
than 10,000, with gangs increased by between 15 to 39 times.
  This is a larger relative increase than for cities with populations 
larger than 10,000.
  In the 1999 National Youth Gang Survey, law enforcement estimated 
that almost 1 of every 5 of gang members in their area were migrants 
from another area.
  In fact, 83 percent of respondents said that the appearance of gang 
members in more suburban or rural areas was caused by migration of 
gangsters from central cities.
  Gang members even travel to countries such as Mexico and El Salvador.
  The Logan Heights Gang in San Diego, for example, is currently 
employed by the Arellano-Felix Cartel to help guard drug shipments in 
Mexico.
  The Logan Heights Gang has also been linked to the killing of 
Cardinal Juan Pasados-Ocampo in Guadalajara in 1993.
  As gangs have spread into rural areas and become more interstate and 
international, it has become more important than ever to ensure 
coordination between local, state, and federal law enforcement to 
combat gangs.
  The HIDTA program has worked well and provides a good model for the 
high intensity interstate gang activity area program that this bill 
creates.

  I expect that the high intensity interstate gang activity area 
program will help reduce the gang problem in the same way that the 
HIDTA program has helped reduce the drug problem.
  The bill also allows serious juvenile drug offenses to be Armed 
Career Criminal Act predicates.
  This provision ensures that career criminals do not escape higher 
sentences just because their most serious drug offenses occurred when 
they were a juvenile.
  Under this legislation, all armed career criminals will get up to the 
maximum statutory maximum of 15 years in jail, time which may be not 
reduced through suspension or probation.
  The bill makes the gang statute consistent with the Supreme Court's 
recent opinion in Apprendi v. United States.
  In that decision, the Supreme Court held that any fact that increases 
the penalty for a crime beyond the statutory maximum must be treated as 
an element of the offense.
  This decision has caused some problems for law enforcement in 
prosecuting gang crimes.
  This is because the Federal gang statute has been treated as a 
sentence enhancement statute, not a stand-alone criminal offense 
statute.
  Before Apprendi, prosecutors would charge gang members with drug and 
other crimes.
  If they were convicted, they would then ask the court to enhance the 
gang member's sentence because of his or her membership in a criminal 
gang.
  On many occasions, this sentence enhancement would go beyond the 
statutory maximum for the underlying offenses.
  In light of Apprendi, this bill rewrites federal law to ensure that 
prosecutors can charge gang members for a separate offense under the 
federal gang statute.

[[Page S8210]]

  In doing so, the bill also makes it easier for prosecutors to charge 
gang members by reducing the membership requirement for a criminal gang 
from a minimum of five members to a minimum of three members.
  The bill authorizes $50,000,000 for 5 years to make grants to 
prosecutors' officers to combat gang crime and youth violence.
  This money will help implement this legislation by ensuring that law 
enforcement has the money to prosecute gang members.
  This is important legislation.
  I urge my colleagues to act quickly to pass it.
  I would also ask unanimous consent that the text of the bill and an 
accompanying section-by-section description be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1236

       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 ``Criminal Gang Abatement Act 
     of 2001''.

     SEC. 2. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL 
                   STREET GANG ACTIVITY.

       (a) Prohibited Acts.--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 criminal 
       street gang activity

       ``(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, to recruit, 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(c) of this title.
       ``(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 is a minor, 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.
       ``(c) Definitions.--In this section:
       ``(1) Criminal street gang.--The term `criminal street 
     gang' has the meaning set forth 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 criminal street gang 
              activity.''.

     SEC. 3. PENALTIES FOR USE OF MINORS IN CRIMES OF VIOLENCE.

       (a) In General.--Chapter 1 of title 18, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 25. Use of minors in crimes of violence

       ``(a) Penalties.--Whoever, being a person not less than 18 
     years of age, intentionally uses a minor to commit a crime of 
     violence for which such person may be prosecuted in a court 
     of the United States, or to assist in avoiding detection or 
     apprehension for such an offense, shall--
       ``(1) be subject to twice the maximum term of imprisonment 
     and twice the maximum fine that would otherwise be authorized 
     for the offense; and
       ``(2) for the second and any subsequent conviction under 
     this subsection, be subject to three times the maximum term 
     of imprisonment and three times the maximum fine that would 
     otherwise be authorized for the offense.
       ``(b) Definitions.--In this section:
       ``(1) Crime of violence.--The term `crime of violence' has 
     the meaning set forth in section 16 of this title.
       ``(2) Minor.--The term `minor' means a person who is less 
     than 18 years of age.
       ``(3) Uses.--The term `uses' means employs, hires, 
     persuades, induces, entices, or coerces.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1 of title 18, United States Code, is 
     amended by adding at the end the following:

``25. Use of minors in crimes of violence.''.

     SEC. 4. INCREASED PENALTIES FOR USING MINORS TO DISTRIBUTE 
                   DRUGS.

       Section 420 of the Controlled Substances Act (21 U.S.C. 
     861) is amended--
       (1) in subsection (b), by striking ``one year'' and 
     inserting ``3 years''; and
       (2) in subsection (c), by striking ``one year'' and 
     inserting ``5 years''.

     SEC. 5. CRIMINAL STREET GANGS.

       (a) In General.--Section 521 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 521. Criminal street gangs

       ``(a) Definitions.--In this section:
       ``(1) Conviction.--The term `conviction' includes a 
     finding, under Federal or State law, that a person has 
     committed an act of juvenile delinquency involving an offense 
     described in subsection (c).
       ``(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) that has as 1 of its primary purposes or activities 
     the commission of 1 or more of the offenses described in 
     subsection (c);
       ``(B) the members of which engage, or have engaged within 
     the past 5 years, in a continuing series of offenses 
     described in subsection (c); and
       ``(C) the activities of which affect interstate or foreign 
     commerce.
       ``(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) Offense.--
       ``(1) In general.--Whoever during the commission of an 
     offense described in paragraphs (1) through (10) of 
     subsection (c)--
       ``(A) participates in a criminal street gang with knowledge 
     that its members engage in or have engaged in a continuing 
     series of offenses described in subsection (c);
       ``(B) intends to promote or further the felonious 
     activities of the criminal street gang or maintain or 
     increase the person's position in the gang; and
       ``(C) has been convicted within the past 5 years of an 
     offense described in subsection (c),

     shall be imprisoned for a term that is not more than 10 years 
     greater than the maximum term provided by statute for the 
     most serious offense described in paragraphs (1) through (10) 
     of subsection (c) that the person was found to have committed 
     as a basis for the person's conviction under this section.
       ``(2) Construction with other convictions.--A term of 
     imprisonment imposed under this section shall run 
     consecutively with any term imposed upon conviction of 
     another count under the same indictment or information for an 
     offense described in subsection (c).
       ``(3) Forfeiture.--A person convicted under this section 
     shall also forfeit to the United States, notwithstanding any 
     provision of State law, all property, whether real or 
     personal, derived directly or indirectly from the offense, 
     all property used to facilitate the offense, and all property 
     traceable thereto. The forfeiture shall be in accordance with 
     the procedures set forth in the Federal Rules of Criminal 
     Procedure and section 413 of the Controlled Substances Act 
     (21 U.S.C. 853).
       ``(c) Predicate Offenses.--The offenses described in this 
     subsection are as follows:
       ``(1) A Federal felony 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 not less than 5 
     years.
       ``(2) A Federal felony crime of violence (as defined in 
     section 16 of this title) against the person of another.
       ``(3) An offense under section 522 of this title.
       ``(4) An offense under section 844 of this title.
       ``(5) An offense under section 875 or 876 of this title.
       ``(6) An offense under section 1084 or 1955 of this title.
       ``(7) An offense under section 1956 of this title, to the 
     extent that the offense is related to an offense involving a 
     controlled substance.
       ``(8) An offense under chapter 73 of this title.
       ``(9) An offense under section 274(a)(1)(A), 277, or 278 of 
     the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A), 
     1327, 1328)).
       ``(10) A conspiracy, attempt, or solicitation to commit an 
     offense described in paragraphs (1) through (9).
       ``(11) A State offense that would have been an offense 
     described in paragraphs (1) through (10), if Federal 
     jurisdiction existed.
       (b) 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 or 522 (criminal street 
     gangs) of this title, in chapter 95 (racketeering) or 96 
     (racketeer influenced and corrupt organizations) of this 
     title,''; and
       (2) by inserting ``a criminal street gang or'' before ``an 
     illegal enterprise''.
       (c) 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 of this title, under 
     chapter 46 or 96 of this title,''.

     SEC. 6. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN 
                   AID OF CRIMINAL GANGS.

       (a) Travel Act Amendments.--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 ``, and may be sentenced to death'' after 
     ``if death results shall be imprisoned for any term of years 
     or for life'';

[[Page S8211]]

       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Whoever travels in interstate or foreign commerce or 
     uses the mail or any facility in interstate or foreign 
     commerce with intent, by bribery, force, intimidation, or 
     threat, directed against 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 be fined under this title, 
     imprisoned not more than 20 years, or both, and if death 
     results, shall be imprisoned for any term of years or for 
     life, and may be sentenced to death.''; and
       (4) in subsection (c), as so redesignated, by inserting 
     ``assault with a deadly weapon, assault resulting in serious 
     bodily injury (as defined in section 1365 of this title), 
     shooting at an occupied dwelling or motor vehicle, 
     intimidation of or retaliation against a witness, victim, 
     juror, or informant,'' after ``extortion, bribery,''.
       (b) Amendment to Sentencing Guidelines.--Pursuant to its 
     authority under section 994(p) of title 28, United States 
     Code, the United States Sentencing Commission shall amend the 
     Federal Sentencing Guidelines to provide an appropriate 
     increase in the offense level for violations of section 1952 
     of title 18, United States Code, as amended by this section.

     SEC. 7. INCREASED PENALTIES FOR USING PHYSICAL FORCE TO 
                   TAMPER WITH WITNESSES, VICTIMS, OR INFORMANTS.

       (a) In General.--Section 1512 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``as provided in 
     paragraph (2)'' and inserting ``as provided in paragraph 
     (3)'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Whoever uses physical force or the threat of physical 
     force against any person, or attempts to do so, with intent 
     to--
       ``(A) influence, delay, or prevent the testimony of any 
     person in an official proceeding;
       ``(B) cause or induce any person to--
       ``(i) withhold testimony, or withhold a record, document, 
     or other object, from an official proceeding;
       ``(ii) alter, destroy, mutilate, or conceal an object with 
     intent to impair the object's integrity or availability for 
     use in an official proceeding;
       ``(iii) evade legal process summoning that person to appear 
     as a witness, or to produce a record, document, or other 
     object, in an official proceeding; or
       ``(iv) be absent from an official proceeding to which such 
     person has been summoned by legal process; or
       ``(C) hinder, delay, or prevent the communication to a law 
     enforcement officer or judge of the United States of 
     information relating to the commission or possible commission 
     of a Federal offense or a violation of conditions of 
     probation, supervised release, parole, or release pending 
     judicial proceedings,

     shall be punished as provided in paragraph (3).''; and
       (D) in paragraph (3), as so redesignated--
       (i) by striking ``and'' at the end of subparagraph (A); and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) in the case of--
       ``(i) an attempt to murder; or
       ``(ii) the use, or attempted use, of physical force against 
     any person,

     imprisonment for not more than twenty years; and
       ``(C) in the case of the use of the threat of physical 
     force against any person, imprisonment for not more than ten 
     years.'';
       (2) in subsection (b), by striking ``or physical force''; 
     and
       (3) by adding at the end the following:
       ``(j) Whoever conspires to commit any offense under this 
     section shall be subject to the same penalties as those 
     prescribed for the offense the commission of which was the 
     object of the conspiracy.''.
       (b) Retaliating Against a Witness.--Section 1513 of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(e) Whoever conspires to commit any offense under this 
     section shall be subject to the same penalties as those 
     prescribed for the offense the commission of which was the 
     object of the conspiracy.''.
       (c) Conforming Amendments.--
       (1) Witness tampering.--Section 1512 of title 18, United 
     States Code, is amended in subsections (b)(3) and (c)(2) by 
     inserting ``supervised release,'' after ``probation''.
       (2) Retaliation against a witness.--Section 1513 of title 
     18, United States Code, is amended in subsections (a)(1)(B) 
     and (b)(2) by inserting ``supervised release,'' after 
     ``probation''.

     SEC. 8. OTHER VIOLENT OFFENSES FREQUENTLY OR TYPICALLY 
                   COMMITTED BY GANGS.

       (a) Carjacking.--Section 2119 of title 18, United States 
     Code, is amended by striking ``, with the intent to cause 
     death or serious bodily harm''.
       (b) Amendments Relating to Violent Crime in Areas of 
     Exclusive Federal Jurisdiction.--
       (1) 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,''.
       (2) Manslaughter.--Section 1112(b) of title 18, United 
     States Code, is amended by striking ``ten years'' and 
     inserting ``twenty years''.
       (3) Offenses 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 of this title is greater than five 
     years,'' after ``a felony under chapter 109A,''.
       (4) Racketeer influenced and corrupt organizations.--
     Section 1961(1)(A) of title 18, United States Code, is 
     amended by inserting ``or would have been so chargeable 
     except that the act or threat (other than gambling) was 
     committed in Indian country, as defined in section 1151 of 
     this title, or in any other area of exclusive federal 
     jurisdiction'' after ``chargeable under State law''.
       (c) Amendments to Statutes Punishing Violent Crimes for 
     Hire or in Aid of Racketeering.--
       (1) Murder-for-hire.--Section 1958(a) of title 18, United 
     States Code, is amended by inserting ``or other felony crime 
     of violence against the person'' after ``murder''.
       (2) Violent crimes in aid of racketeering.--Section 1959 of 
     title 18, United States Code, is amended--
       (A) in subsection (a)--
       (i) in paragraph (4)--

       (I) by inserting ``specified in paragraphs (1) through 
     (3)'' after ``threatening to commit a crime of violence''; 
     and
       (II) by striking ``five'' and inserting ``ten'';

       (ii) in paragraph (5), by striking ``ten'' and inserting 
     ``twenty'';
       (iii) in paragraph (6), by striking ``three'' and inserting 
     ``ten''; and
       (B) in subsection (b)--
       (i) by striking ``and'' at the end of paragraph (1);
       (ii) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (iii) by adding at the end the following new paragraph (3):
       ``(3) `serious bodily injury' has the meaning set forth in 
     section 2119 of this title.''.
       (d) Conspiracy.--Section 371 of title 18, United States 
     Code, is amended--
       (1) by designating the first paragraph as subsection (a);
       (2) in subsection (a), as so designated, by striking 
     ``either to commit any offense against the United States, 
     or'';
       (3) by striking the second paragraph; and
       (4) by adding at the end the following new subsection:
       ``(b) If two or more persons conspire to commit any offense 
     against the United States, and one or more of such persons do 
     any act to effect the object of the conspiracy, each shall be 
     subject to the same penalties as those prescribed for the 
     most serious offense the commission of which was the object 
     of the conspiracy, except that the penalty of death shall not 
     be imposed.''.

     SEC. 9. SERIOUS JUVENILE DRUG OFFENSES AS PREDICATE FOR ARMED 
                   CAREER CRIMINAL STATUS.

       Section 924(e)(2)(C) of title 18, United States Code, is 
     amended by inserting ``or serious drug offense'' after 
     ``violent felony''.

     SEC. 10. 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 and 522 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 if the 
     offense was both committed in connection with, or in 
     furtherance of, the activities of a criminal street gang and 
     the defendant was a member of the gang at the time of the 
     offense. Such guidelines shall also include an appropriate 
     enhancement (which shall be in addition to any other 
     adjustment under chapter 3 of the Federal Sentencing 
     Guidelines) for a person who, in violating such section 522, 
     recruits, solicits, induces, commands, or causes another 
     person residing in another State to be or remain a member of 
     a criminal street gang, or who crosses a State line with 
     intent to violate such section 522.

     SEC. 11. HIGH INTENSITY INTERSTATE GANG ACTIVITY AREAS.

       (a) Definitions.--In this section:
       (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.--

[[Page S8212]]

       (1) Designation.--The Attorney General, upon consultation 
     with the Secretary of the Treasury and the Governors of 
     appropriate States, may designate as a high intensity 
     interstate gang activity area a specified area that is 
     located--
       (A) within a State; or
       (B) in more than 1 State.
       (2) Assistance.--In order to provide Federal assistance to 
     a high intensity interstate gang activity area, the Attorney 
     General may--
       (A) facilitate the establishment of a regional task force, 
     consisting of Federal, State, and local law enforcement 
     authorities, for the coordinated investigation, disruption, 
     apprehension, and prosecution of criminal activities of gangs 
     and gang members in the high intensity interstate gang 
     activity area; and
       (B) direct the 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 the 
     high intensity interstate gang activity area.
       (3) Criteria for designation.--In considering an area 
     (within a State or within more than 1 State) for designation 
     as a high intensity interstate gang activity area under this 
     section, the Attorney General shall consider--
       (A) the extent to which gangs from the area are involved in 
     interstate or international criminal activity;
       (B) the extent to which the area is affected by the 
     criminal activity of gang members who--
       (i) are located in, or have relocated from, other States; 
     or
       (ii) are located in, or have immigrated (legally or 
     illegally) from, foreign countries;
       (C) the extent to which the area is affected by the 
     criminal activity of gangs that originated in other States or 
     foreign countries;
       (D) the extent to which State and local law enforcement 
     agencies have committed resources to respond to the problem 
     of criminal gang activity in the area, as an indication of 
     their determination to respond aggressively to the problem;
       (E) the extent to which a significant increase in the 
     allocation of Federal resources would enhance local response 
     to gang-related criminal activities in the area; and
       (F) any other criteria that the Attorney General considers 
     to be appropriate.
       (c) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $100,000,000 for each of fiscal years 
     2002 through 2008, to be used in accordance with paragraph 
     (2).
       (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 for community-
     based programs to provide crime prevention 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.
       (3) Requirement.--
       (A) In general.--The Attorney General shall ensure that not 
     less than 10 percent of amounts made available under 
     paragraph (1) in each fiscal year are used to assist rural 
     States affected as described in subparagraphs (B) and (C) of 
     subsection (b)(3).
       (B) Rural state defined.--In this paragraph, the term 
     ``rural State'' has the meaning given the term in section 
     1501(b) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796bb(b)).

     SEC. 12. AUTHORITY TO MAKE GRANTS TO PROSECUTORS' OFFICES TO 
                   COMBAT GANG CRIME AND YOUTH VIOLENCE.

       (a) In General.--Section 31702 of subtitle Q of title III 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (42 U.S.C. 13862) is amended--
       (1) in paragraph (2), 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 allow the hiring of additional prosecutors, so 
     that more cases can be prosecuted and backlogs reduced;
       ``(6) to provide funding to enable prosecutors to address 
     drug, gang, and youth violence problems more effectively;
       ``(7) to provide funding to assist prosecutors with funding 
     for technology, equipment, and training to assist prosecutors 
     in reducing the incidence of, and increase the successful 
     identification and speed of prosecution of young violent 
     offenders; and
       ``(8) to provide funding to assist prosecutors in their 
     efforts to engage in community prosecution, problem solving, 
     and conflict resolution techniques through collaborative 
     efforts with police, school officials, probation officers, 
     social service agencies, and community organizations.''.
       (b) Authorization of Appropriations.--Section 31707 of 
     subtitle Q of title III 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 to carry out this 
     subtitle, $50,000,000 for each of fiscal years 2002 through 
     2006.''.

     SEC. 13. NOTIFICATION AFTER ARREST.

       Section 5033 of title 18, United States Code, is amended by 
     striking ``arresting officer'' each place it appears in the 
     first and second sentences and inserting ``arresting officer 
     or another representative of the Attorney General''.
                                  ____


        Criminal Gang Abatement Act of 2001--Section-by-Section


                               Section 1

       The short title of the bill is the ``Criminal Gang 
     Abatement Act of 2001.''


                               Section 2

       Adds section 522 to Chapter 26 of title 18, which prohibits 
     any person from traveling in, or using any facility in, 
     interstate commerce to recruit or retain a person as a member 
     of a criminal street gang with the intent that the recruited 
     or retained individual participate in an offense described in 
     section 521(c) of the title. Section 521(c) offenses are 
     Federal felonies involving controlled substances for which 
     the maximum penalty is not less than five years, a Federal 
     felony crime of violence involving the use or attempted use 
     of physical force, and conspiracies to commit either of these 
     two offenses.
       The penalties for violating the section include 
     imprisonment for not more than 10 years, fines, or both. In 
     addition, if the individual who was recruited is a minor, the 
     defendant may be held liable for any costs incurred by the 
     Federal, State, or local government for housing, maintaining, 
     and treating the minor until the age of 18.
       The term ``criminal street gang'' is amended in section 5 
     of this bill.


                               Section 3

       Prohibits the intentional use of minors to commit a crime 
     of violence or to assist in avoiding detection or 
     apprehension for such an offense. Any first-time offender 
     shall be subject to twice the maximum term of imprisonment 
     and fine that would otherwise be authorized for the offense. 
     For any second or subsequent conviction under the section, 
     the offender is subject to three times the maximum penalty.


                               Section 4

       Amends 21 U.S.C. 861 to increase the minimum penalty to 
     three years for any first-time offender who employs or uses a 
     minor to distribute, receive, or avoid detection of a 
     controlled substance in violation of the title or title III. 
     The minimum punishment for a repeat offender is increased to 
     five years.


                               Section 5

       Amends 18 U.S.C. 521 to transform it from a penalty 
     enhancement provision to an offense and, in so doing, also 
     redefines the term ``criminal street gang'' to reduce the 
     membership requirement from ``5 or more persons'' to ``3 or 
     more persons.'' The rewriting of section 521 is in response 
     to Apprendi v. United States, 530 U.S. 466 (2000), in which 
     the Supreme Court held that any fact that increases the 
     penalty for a crime beyond the statutory maximum, other than 
     for a prior conviction, must be treated as an element of the 
     offense.
       The proposed amendment establishes ten predicate offenses 
     in subsection c. Those offenses are: a Federal felony 
     involving a controlled substance for which the maximum 
     penalty is not less than 5 years; a Federal felony crime of 
     violence; an offense under newly created section 522; an 
     offense under section 844, (importation, manufacture, 
     distribution, and storage of explosive materials; an offense 
     under sections 875 or 876, kidnapping and extortion; an 
     offense under section 1084 or 1955, illegal gambling; an 
     offense under section 1956, money laundering, to the extent 
     it relates to an offense involving a controlled substance; an 
     offense under chapter 73 of title 18, obstruction of justice; 
     an offense under section 274(a)(1)(A), 277, or 278 of the 
     Immigration and Nationality Act, illegal transportation of an 
     alien; and a conspiracy, attempt, or solicitation to commit 
     an offense described above.
       Any person who commits one of the predicate offenses while 
     participating in a criminal street gang with the intent of 
     promoting the felonious activities of the gang, and who has 
     been convicted within the past five years of one of the 
     predicate offenses, faces an additional 10-year consecutive 
     sentence for the predicate crime. The bill also provides for 
     the forfeiture of any property derived directly or indirectly 
     from the offense.
       The bill also amends 18 U.S.C. 3582(d) to allow the court 
     to include as part of the sentence for any person convicted 
     under section 521 or 522 an order requiring the offender 
     while in prison to not associate or communicate with a 
     specified person upon a showing of probable cause that the 
     association or communication is for the purpose of enabling 
     the offender to be engaged in illegal activity.


                               Section 6

       Amends 18 U.S.C. 1952 to increase the maximum penalty for 
     traveling in interstate or foreign commerce or using any 
     facility in interstate or foreign commerce to distribute the 
     proceeds of any unlawful activity or for promoting, managing, 
     establishing, carrying on of any unlawful activity from five 
     years to ten. In addition, the bill authorizes the death 
     penalty for any person convicted of traveling, or using any 
     facility, in foreign or interstate commerce to commit any 
     crime of violence to further an unlawful activity, if that 
     act of violence results in death. Conspiring to violate the 
     section is treated the same as an actual or attempted 
     violation.
       The bill amends the section to include new subsection b, 
     which provides that any person who travels in interstate or 
     foreign commerce or uses any facility in interstate or

[[Page S8213]]

     foreign commerce with the intent to delay or influence the 
     testimony of or prevent from testifying a witness in a State 
     criminal proceeding or who seeks to cause any person to 
     destroy, alter or conceal evidence and thereafter performs, 
     or attempts or conspires to perform, an act described above 
     shall be imprisoned not more than 20 years, fined, or both, 
     and if death results, may be imprisoned for any term of years 
     or for life, or be sentenced to death.
       The proposed section also amends redesignated subsection c 
     by amending ``unlawful activity'' to include assault with a 
     deadly weapon, assault resulting in serious bodily injury, 
     shooting at an occupied dwelling or motor vehicle, and 
     intimidation of or retaliation against a witness, 
     victim, juror, or informant.
       Finally, the bill directs the United States Sentencing 
     Commission to amend the Federal Sentencing Guidelines to 
     provide an appropriate increase in the offense level for 
     violations of the newly amended section.


                               Section 7

       Amends 18 U.S.C. 1512 to increase the penalties for the use 
     of physical force or the threat of physical force with the 
     intent to influence, delay, or prevent the testimony of any 
     person in an official proceeding.
       The bill increases the maximum term of imprisonment for the 
     use of physical force against any person in violation of the 
     section from 10 years to 20 years. In the case of the use of 
     the threat of physical force against any person, the 
     individual may be imprisoned for not more than ten years. 
     Identical penalties are assessed for those who conspire to 
     commit any offense under the section.


                               Section 8

       This section amends various sections of title 18 to address 
     violent offenses frequently or typically committed by gangs. 
     Most of the amendments either eliminate a mens rea 
     requirement or increase the penalty for a violation.
       Subsection a amends 18 U.S.C. 2119 by eliminating the 
     requirement that the offender intend to cause death or 
     serious bodily harm during a carjacking in order to violate 
     the section.
       Subsection b amends: 1. 18 U.S.C. 113(a)(3), dealing with 
     assaults within the maritime and territorial jurisdiction of 
     the United States, by striking the requirement that the 
     offender intend to do bodily harm when assaulting a person 
     with a dangerous weapon; 2. 18 U.S.C. 1112(b), dealing with 
     manslaughter within the maritime and territorial jurisdiction 
     of the United States, by increasing the maximum penalty for 
     voluntary manslaughter from ten years to twenty; 3. 18 U.S.C. 
     1153(a), which deals with offenses committed within Indian 
     country, by including within the list of offenses subject to 
     the same law and penalties as all other persons ``an offense 
     for which the maximum statutory term of imprisonment under 
     section 1363 of this title is greater than five years''; 4. 
     18 U.S.C. 1961(1)(A) by including within the definition of 
     ``racketeering activity'' the illegal activities specified in 
     the section that ``would have been chargeable'' under State 
     law ``except that the act or threat, other than gambling was 
     committed in Indian country, as defined in section 1151 of 
     this title, or in any other area of exclusive 
     Federal jurisdiction''.
       Subsection c amends: 1. 18 U.S.C. 1958(a), dealing with 
     murder-for-hire, by bringing within the scope of the section 
     those who travel, or use any facility, in interstate or 
     foreign commerce with the intent that a felony crime of 
     violence against the person be committed in violation of the 
     laws of any State or the United States. As it currently 
     stands, the section applies only to those who intend that a 
     murder be committed; 2. 18 U.S.C. 1959, which deals with 
     violent crimes in aid of racketeering. The bill increases the 
     penalty for violating various subsections of section 1959. 
     The maximum punishment for threatening to commit a crime of 
     violence is increased from five to ten years; for attempting 
     or conspiring to commit murder or kidnapping is increased 
     from ten to twenty years; and for attempting or conspiring to 
     commit a crime involving maiming, assault with a dangerous 
     weapon, or assault resulting in serious bodily injury is 
     increased from three to ten years. The amendment also 
     incorporates the definition of ``serious bodily injury'' set 
     forth in section 2119 of the title as the term was previously 
     undefined within the section.
       Subsection d amends 18 U.S.C. 371, dealing with 
     conspiracies to commit offenses against or to defraud the 
     United States. The bill strikes the second paragraph of 
     section 371, dealing with conspiracies involving 
     misdemeanors. A second subsection is added that provides that 
     if two or more persons conspire to commit any offense against 
     the United States, and one or more such persons acts on the 
     conspiracy, each shall be subject to the same penalties as 
     those prescribed for the most serious offense that was the 
     object of the conspiracy, except that the penalty of death 
     shall not be imposed.


                               Section 9

       Amends the term ``conviction'' in 18 U.S.C. 924(e)(2)(C), 
     part of the Armed Career Criminal Act, to include an act of 
     juvenile delinquency involving serious drug offenses.


                               Section 10

       Requires the United States Sentencing Commission to amend 
     the Federal sentencing guidelines to eliminate the policy 
     statement in section 5K2.18 dealing with sentence enhancement 
     for gang crimes. As with the amendment to 18 U.S.C. 521 in 
     section 5 of the bill, the deletion is in response to the 
     recent decision in Apprendi v. New Jersey, 530 U.S. 466 
     (2000).
       Instead of the to-be-deleted and no longer appropriate 
     policy statement, the proposed amendment directs the 
     Commission to provide a base offense level for offenses 
     described in 18 U.S.C. 521 and 522 that reflects the 
     seriousness of the offenses-including an appropriate 
     enhancement for any offense described in section 521 
     committed by a member of a criminal street gang in connection 
     with the activities of the gang. The guidelines are also to 
     include an appropriate enhancement for a person who, in 
     violating section 522, recruits, solicits, induces, 
     commands, or causes another person residing in another 
     State to be or remain a member of a criminal street gang, 
     or who crosses a State line with intent to violate section 
     522.


                               Section 11

       Permits the Attorney General to designate an area as a high 
     intensity interstate gang activity area. The Attorney General 
     makes such designation upon consultation with the Secretary 
     of the Treasury and the Governors of the appropriate States. 
     In making such designation, the Attorney General considers 
     the extent to which gangs from the area are involved in 
     interstate or international criminal activity, the extent to 
     which the area is affected by the criminal activity of gang 
     members who are located in, or have relocated from, other 
     States or foreign countries, the extent to which State and 
     local law enforcement agencies have committed resources to 
     respond to the problem of criminal gang activity in the area, 
     the extent to which a significant increase in the allocation 
     of Federal resources would enhance local response to gang-
     related criminal activity in the area, and any other criteria 
     deemed appropriate.
       After such designation, the Attorney General may provide 
     assistance to the area by facilitating the establishment of a 
     regional task force, consisting of Federal, State, and local 
     law enforcement, for the coordinated investigation, 
     disruption, apprehension, and prosecution of criminal 
     activities of gangs and gang members in the area. In 
     addition, the Attorney General may direct the detailing from 
     any Federal department or agency, subject to the approval of 
     the head of that department or agency of personnel to the 
     high intensity interstate gang activity area.
       The bill authorizes $100,000,000 for each of fiscal years 
     2002 through 2008. Sixty percent of the appropriation is to 
     be used to carry out the activities described above. The 
     remainder is to be used to make grants for community-based 
     programs to provide crime prevention and intervention 
     services that are designed for gang members and at-risk youth 
     in the designated areas. The bill further requires the 
     Attorney General to ensure that not less than 10 percent of 
     the amounts spent each fiscal year are used to assist rural 
     States.


                               Section 12

       Amends the Violent Crime Control and Law Enforcement Act of 
     1994, 42 U.S.C. 13862, to permit additional uses for grants 
     made by the Attorney General under the section. The 
     additional uses are: to hire additional prosecutors; to 
     provide funding to enable prosecutors to address drug, gang, 
     and youth violence problems more effectively; to provide 
     funding to assist prosecutors with funding for technology, 
     equipment, and training; and to provide funding to assist 
     prosecutors in their efforts to engage in community 
     prosecution, problem solving, and conflict resolution 
     techniques through collaborative efforts with police, school 
     officials, probation officers, social service agencies, and 
     community organizations.
       The bill authorizes the appropriation of $50,000,000 for 
     each of fiscal years 2002 through 2006 to carry out the 
     subtitle.


                               Section 13

       Amends 18 U.S.C. 5033 so that government officials, other 
     than the arresting officer, may advise juveniles of their 
     rights, notify the Attorney General, and notify the 
     juvenile's parents of the juvenile's detainment and rights. 
     This provision clarifies a provision that has been 
     interpreted in an overly literal manner by the Ninth Circuit 
     and is now causing numerous problems for law enforcement in 
     that circuit. See United States v. Juvenile (RRA-A), 229 F.3d 
     737, 748 (9th Cir. 2000) (Trott, J., dissenting).
                                 ______