[Congressional Record Volume 149, Number 144 (Wednesday, October 15, 2003)]
[Senate]
[Pages S12616-S12621]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mrs. Feinstein, Mr. Grassley, Mr. 
        Graham of South Carolina, Mr. Chambliss, and Mr. Campbell):
  S. 1735. A bill to increase and enhance law enforcement resources 
committed to investigation and prosecution of violent gangs, to deter 
and punish violent gang crime, to protect law abiding citizens and 
communities from violent criminals, to revise and enhance criminal 
penalties for violent crimes, to reform and facilitate prosecution of 
juvenile gang members who commit violent crimes, to expand and improve 
gang prevention programs, and for other purposes; to the Committee on 
the Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce with my 
colleague, Senator Feinstein, a comprehensive bipartisan bill to 
increase gang prosecution and prevention efforts.
  This legislation, the Gang Prevention and Effective Deterrence Act of 
2003, authorizes approximately $650 million over the next 5 years to 
support law enforcement and prevention efforts. Of the $650 million, 
$450 million would be used to support Federal, State and local law 
enforcement efforts against violent gangs, and $200 million would be 
used for intervention and prevention programs for at-risk youth. The 
bill also increases funding for the Federal prosecutors and FBI agents 
needed to conduct coordinated enforcement efforts against violent 
gangs.
  Additionally, this bill will create new criminal gang prosecution 
offenses, enhance existing gang and violent crime penalties to deter 
and punish illegal street gangs, enact violent crime reforms needed to 
prosecute effectively gang members, and implement a limited reform of 
the juvenile justice system to facilitate Federal prosecution of 16 and 
17-year-old gang members who commit serious violent felonies.
  I want to take a moment here and commend my dear friend Senator 
Feinstein for her long-time commitment to this issue. She has been a 
leader in California and in the Senate in the war against gangs and 
gang violence. She and I have worked together for many years on this 
important issue, and I look forward to our joint effort to enact 
meaningful legislation.
  The problem of gang violence in America is not a new one, nor is it a 
problem that is limited to major urban areas. Once thought to be only a 
problem in our Nation's largest cities, gangs have invaded smaller 
communities.
  The problem of gang violence is of great concern to the citizens of 
my State. According to the Salt Lake Area Gang Project, a multi-
jurisdictional task force created in 1989 to fight gang crime in the 
Salt Lake area, there are at least 250 identified gangs in our region 
with over 3,500 members. What is perhaps most troubling, the juvenile 
gang members in Utah account for over one-third of the total gang 
membership.
  Gangs now resemble organized crime syndicates who readily engage in 
gun violence, illegal gun trafficking, illegal drug trafficking and 
other serious crimes. All too often we read in the headlines about 
gruesome and tragic stories of rival gang members gunned down, innocent 
bystanders--adults, teenagers and children--caught in the crossfire of 
gangland shootings, and family members crying out in grief as they lose 
loved ones to the gang wars plaguing our communities.
  Recent studies confirmed that gang violence is an increasing problem 
in all of our communities. Based on the latest available National Youth 
Gang Survey, it is now estimated that there are more than 25,000 gangs, 
and over 750,000 gang members who are active in more than 3,000 
jurisdictions across the United States. The most current reports 
indicate that in 2002 alone, after five years of decline, gang 
membership has spiked nationwide.
  While we are all committed to fighting the global war on terrorism, 
we must redouble our efforts to ensure that we devote sufficient 
resources to combating this important national problem--the rise in 
gangs and gang violence in America. I have been--and remain--committed 
to supporting Federal, State and local task forces as a model for 
effective gang enforcement strategies. Working together, these task 
forces have demonstrated that they can make a difference in our 
communities.
  In Salt Lake City, the Metro Gang Multi-Jurisdiction Task Force has 
for years demonstrated its critical role in fighting gang violence in 
Salt Lake City. We must act in a bipartisan fashion to ensure that 
adequate resources are available to all of our communities to expand 
and fund these critical task force operations to fight gang violence.
  I also am mindful of the fact that to be successful in reducing gang 
violence, we must address not only effective law enforcement 
strategies, but we must also take steps to protect our youth--so that 
the next generation does not all into the abyss of gang life, which so 
often includes gun violence, drug trafficking, and other serious 
crimes. The young people of our cities need to be steered away from 
gang involvement. We need to ensure that there are sufficient tools to 
intervene in the lives of these troubled youth. Federal involvement is 
crucial to control gang violence and to prevent new gang members from 
replacing old gang members.
  We must take a proactive approach and meet this problem head on if we 
wish to defeat it. If we really want to reduce gang violence, we must 
ensure that law enforcement has adequate resources and legal tools and 
that our communities have the ability to implement proven intervention 
and prevention strategies, so that gang members who are removed from 
the community are not simply replaced by the next generation of new 
gang members.
  I strongly urge my colleagues to join with me and Senator Feinstein 
in promptly passing this important legislation.
  I ask unanimous consent that an analysis of the bill be printed in 
the Record.
  There being no objection, the analysis was ordered to be printed in 
the Record, as follows:

                      Section-by-Section Analysis


                                overview

       The Gang Prevention and Effective Deterrence Act of 2003 is 
     a comprehensive bill to increase gang prosecution and 
     prevention efforts. The bill authorizes approximately $650 
     million over the next 5 years, $450 million of which would be 
     used to support Federal, State and local law enforcement 
     efforts against violent gangs, and $200 million of which 
     would be used for intervention and prevention programs for 
     at-risk youth. In support of this effort, the bill increases 
     funding for federal prosecutors and FBI agents to increase 
     coordinated enforcement efforts against violent gangs.
       The Act also creates new criminal gang prosecution 
     offenses, enhances existing gang and violent crime penalties 
     to deter and punish illegal street gangs, proposes violent 
     crime reforms needed to prosecute effectively gang members, 
     and proposes a limited reform of the juvenile justice system 
     to facilitate federal prosecution of 16 and 17 year old gang 
     members who commit serious acts of violence.


              title i--criminal street gang abatement act

       Sec. 101. Solicitation or Recruitment of Persons in 
     Criminal Street Gang Activity. This section creates a new 
     criminal offense to prohibit recruitment of a person in a 
     criminal street gang. The penalty for such a violation is a 
     maximum of 10 years imprisonment, or if the violation 
     involves the recruitment of a minor, a mandatory minimum 
     penalty of not less than 3 years and a maximum of 10 years 
     imprisonment.
       Sec. 102. Criminal Street Gangs. This section revises 
     existing section 521 of title 18, United States Code, to 
     prohibit illegal participation in a criminal street gang. A 
     ``criminal street gang'' is defined to mean a formal or 
     informal group, club, organization or association of 3 or 
     more persons who act in concert to commit gang crimes. The 
     term ``gang crime'' is defined to include violent

[[Page S12617]]

     and other serious State and Federal felony crimes. Subsection 
     (b) prohibits participation in a criminal street gang either 
     by (1) committing, conspiring or attempting to commit, 2 or 
     more predicate gang crimes related to the gang activity; or 
     (2) to employ, use or command, counsel persuade, induce, 
     entice or coerce another individual to commit a gang crime. 
     The maximum penalties for a violation of subsection (b)(1) is 
     30 years imprisonment and for subsection (b)(2) is 20 years 
     imprisonment, or a mandatory minimum of 10 years imprisonment 
     if the violation of subsection (b)(2) involves a minor. 
     Additional penalties, including the death penalty, are 
     authorized for gang crimes depending on whether the violation 
     results in the taking of a life, attempted murder, the 
     violator is an organizer, leader, supervisor, or manager, or 
     the violator is a repeat offender.
       Sec. 103. Violent Crimes in Furtherance or in Aid of 
     Criminal Street Gangs. This section creates a new criminal 
     offense for murder, kidnapping, sexual assaults, maiming, 
     assaults with a dangerous weapon, or assaults resulting in 
     serious bodily injury, which are committed in furtherance or 
     in aid of a criminal street gang. The penalties for such 
     violations range from a maximum of 10 years to death 
     depending on the nature of the offense.
       Sec. 104. Interstate and Foreign Travel or Transportation 
     in Aid of Criminal Street Gangs. This section amends existing 
     section 1952 of title 18, United States Code, to increase 
     penalties and expand the prohibition to include efforts to 
     obstruct justice, intimidate or retaliate against witnesses, 
     jurors, informants or victims.
       Sec. 105. Amendments Relating to Violent Crime in Areas of 
     Exclusive Federal Jurisdiction. This section amends criminal 
     statutes relating to assault (section 113(a)(3)), conspiracy 
     (section 371), manslaughter (section 1112(b), offenses 
     committed within Indian country (section 1153(a)), 
     racketeering (section 1961(l)), carjacking (section 2119), 
     illegal gun transfers to drug traffickers or violent 
     criminals (section 924(h)), special sentencing provisions 
     (section 3582(d)), and application of the two strikes 
     provision in Indian country (section 3559(e)).
       Sec. 106. Increased Penalties for Use of Interstate 
     Commerce Facilities in the Commission of Murder-For-Hire and 
     Other Felony Crimes of Violence. This section amends existing 
     section 1958 of title 18, United States Code, to increase 
     penalties for hiring an individual to kill another person and 
     prohibits a fine in lieu of a sentence for conduct resulting 
     in death.
       Sec. 107. Increased Penalties for Violent Crimes in Aid of 
     Racketeering Activity. This section amends existing section 
     1959(a) of title 18, United States Code, to increase 
     penalties and expand the prohibition to include sexual 
     assault.
       Sec. 108. Murder and Other Violent Crimes Committed During 
     and In Relation to a Drug Trafficking Crime. This section 
     creates a new criminal offense for murder, kidnapping, sexual 
     assaults, maiming, assaults with a dangerous weapon, or 
     assaults resulting in serious bodily injury, which are 
     committed during and in relation to drug trafficking crimes. 
     The penalties for such violations range from a maximum of 10 
     years to death depending on the nature of the offense.
       Sec. 109. Sentencing Guidelines for Gang Crimes, Including 
     an Increase in Offense Level for Participation in Crime as a 
     Gang Member. This section directs the United States 
     Sentencing Commission to amend the Federal Sentencing 
     Guidelines to reflect the newly created offenses of: (1) 
     solicitation or recruitment or persons in criminal street 
     gang activity; (2) criminal street gangs; and (3) violent 
     crimes in furtherance of criminal street gangs to reflect the 
     seriousness of the offenses.
       Sec. 110. Designation of and Assistance for ``High 
     Intensity'' Interstate Gang Activity Areas. This section 
     requires the Attorney General, after consultation with 
     the Governors of appropriate States, to designate certain 
     locations as high intensity interstate gang activity areas 
     and provides assistance in the form of criminal street 
     gang enforcement teams made up of local, State and Federal 
     law enforcement authorities to investigate and prosecute 
     criminal street gangs in each high intensity interstate 
     gang activity area. Subsection (c) authorizes funding of 
     $100 million for each fiscal year 2004 through 2008. Sixty 
     percent, or $60 million, will be used to support the 
     criminal gang enforcement teams and 40 percent, or $40 
     million, will be used to make grants available for 
     community-based programs to provide for crime prevention 
     and intervention services for gang members and at-risk 
     youth in areas designated as high intensity interstate 
     gang activity areas.
       Sec. 111. Enhancement of Project Safe Neighborhoods 
     Initiative to Improve Enforcement of Criminal Laws Against 
     Violent Gangs. Subsection (a) expands the Project Safe 
     Neighborhood program to require United States Attorneys to 
     identify and prosecute significant gangs within their 
     district; coordinate such prosecutions among all local, 
     State, and Federal law enforcement; and coordinate criminal 
     street gang enforcement teams in designated high intensity 
     interstate gang activity areas. Subsection (b) authorizes the 
     hiring of 94 additional Assistant United States Attorneys and 
     funding of $7.5 million for each fiscal year 2004 to 2008 to 
     carry out the provisions of this section.
       Sec. 112. Additional Resources Needed by the Federal Bureau 
     of Investigation to Investigate and prosecute Violent 
     Criminal Street Gangs. This section requires the Federal 
     Bureau of Investigation to increase funding for the Safe 
     Streets Program and to support the criminal street gang 
     enforcement teams in designated high intensity interstate 
     gang activity areas. Subsection (b) authorizes $5 million for 
     each fiscal year 2004 to 2008 to expand the FBI's Safe 
     Streets Program.
       Sec. 113. Grants to States and Local Prosecutors to Combat 
     Violent Crime and to Protect Witnesses and Victims of Crime. 
     This section authorizes $20 million for each of the fiscal 
     years 2004 to 2008 to allow for the hiring of additional 
     State and local prosecutors, the funding of gang prevention 
     and community prosecution programs, the purchasing of 
     technological equipment to increase the accurate 
     identification and prosecution of violent offenders, and the 
     creation and expansion of witness protection programs to 
     prevent witness intimidation and retaliation.


  Title II--violent crime reforms needed to deter and prevent illegal 
                               gang crime

       Sec. 201. Multiple Interstate Murder. This section creates 
     a new criminal offense for traveling in or causing another to 
     travel in interstate or foreign commerce or to use any 
     facility in interstate or foreign commerce with the intent 
     that 2 or more murders be committed in violation of the laws 
     of any State or the United States. The penalties for such 
     violations range from a maximum of 20 years to death 
     depending on the nature of the offense.
       Sec. 202. Expansion of Rebuttable Presumption Against 
     Release of Persons Charged with Firearms. This section 
     applies the rebuttable presumption in pre-trial release 
     detention hearings to cases in which a defendant is charged 
     with firearms offenses after having previously been convicted 
     of a prior crime of violence or a serious drug offense.
       Sec. 203. Venue in Capital Cases. This section amends 
     section 3235 of title 18 to clarify venue in capital cases 
     where murder, or related conduct, occurred. The existing 
     venue provision restricts venue in criminal cases where 
     murder occurs in relation to racketeering, drug conspiracy, 
     or criminal street gang.
       Sec. 204. Statute of Limitation for Violent Crime. This 
     section extends the statute of limitations for violent crime 
     cases from 5 years to 10 years after the offense occurred or 
     the continuing offense was completed, and from 5 years to 8 
     years after the date on which the violation was first 
     discovered.
       Sec. 205. Predicate Crimes for Authorization of 
     Interception of Wire, Oral and Electronic Communications. 
     This section adds the new criminal offenses to the 
     surveillance predicates listed in section 2516 of title 18, 
     United States Code.
       Sec. 206. Clarification of Crime of Violence. This section 
     amends the definition of a crime of violence in response to 
     recent restrictive court decisions excluding violent acts 
     committed with a reckless or negligent mens rea.
       Sec. 207. Clarification to Hearsay Exception for Forfeiture 
     by Wrongdoing. This section codifies the holding in United 
     States v. Cherry, 217 F.3d 811 (10th Cir. 2000), which 
     permits admission of statements of a murdered witness to be 
     introduced against the defendant who caused a witness' 
     unavailability and the members of the conspiracy if such 
     actions were foreseeable to the other members of the 
     conspiracy.
       Sec. 208. Clarification of Venue for Retaliation Against a 
     Witness. This section clarifies the venue statute for crimes 
     involving the retaliation against a witness to allow for 
     prosecution in the district where the official proceeding 
     which gave rise to the retaliation occurred or where the act 
     of retaliation occurred.
       Sec. 209. Amendment of Sentencing Guidelines Relating to 
     Certain Gang and Violent Crimes. This section directs the 
     United States Sentencing Commission to review and, if 
     appropriate, amend its guidelines and policy statements in 
     order to implement new or revised criminal offenses created 
     by this legislation.
       Sec. 210. Increased Penalties for Criminal Use of Firearms 
     in Crimes of Violence and Drug Trafficking. This section 
     increases the penalty for the use or discharge of a firearm 
     in a crime of violence or drug trafficking crime. The 
     penalties are increased further if the firearm injures or 
     causes the death of another.


         TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

       Sec. 301. Treatment of Federal Juvenile Offenders. This 
     section authorizes the United States Attorney to charge in 
     federal court a juvenile who is 16 years or older and 
     committed a serious violent felony, as defined in section 
     3559(c)(2) or (c)(3). Technical changes are made to existing 
     statute, section 5032 of title 18, United States Code, to 
     conform with limited authorization for United States Attorney 
     filings
       Sec. 302. Notification After Arrest. This section modifies 
     existing section 5033 of title 18 to ensure notification of 
     United States Attorney after arrest of juvenile offender.
       Sec. 303. Release and Detention Prior to Disposition. This 
     section makes technical changes to existing statue, 5034 of 
     title 18, and makes conforming changes to ensure 
     consideration of release conditions for juveniles charged as 
     adults.
       Sec. 304. Speedy Trial. This section modifies existing 
     speedy trial statute to require

[[Page S12618]]

     trial within 70 days from detention of juvenile who is 
     charted as an adult and applies existing exclusions from 
     section 3161(h) of title 18.
       Sec. 305. Use of Juvenile Records. This section ensures 
     that juvenile records relating to a case in which a juvenile 
     is charged as an adult are made available in the same manner 
     as adult cases.
       Sec. 306. Directive to United States Sentencing Commission. 
     This section directs the Sentencing Commission to develop new 
     guidelines applicable to juvenile offenders who are charged 
     as adults.

  Mrs. FEINSTEIN. Mr. President, I am pleased to join Chairman Hatch in 
introducing the Gang Prevention and Effective Deterrence Act of 2003, a 
bill to give law enforcement additional tools to fight the scourge of 
gang violence and to fund prevention programs to stop the cycle of gang 
violence.
  I thank and commend my good friend and colleague, Chairman Hatch, for 
his hard work in helping to develop this legislation. Since 1996, he 
and I have worked together to address the problem of gang violence in 
this country.
  We have now introduced legislation in each of the last four 
Congresses--the 104th, 105th, 106th, and 107th. None of that 
legislation became law. But we have not given up.
  The legislation we are introducing today addresses the many aspects 
of gang violence by focusing on new criminal offenses and increased 
penalties for individuals who engage in gang violence. Specifically, 
this legislation targets gang members who participate in criminal 
street gang by committing gang crimes like murder, sexual assault, 
robbery, and drug offenses to name a few, or by employing others to do 
so; recruit and use minors in gang crimes; commit violent crimes in 
furtherance of gang or drug trafficking activity; or travel in 
interstate commerce to intimidate and retaliate against witnesses.
  This legislation also makes it easier to prosecute certain 16 and 17-
year-olds as adults if they are engaging in violent gang activity.
  We have also worked to provide for more cooperation between Federal 
and local law enforcement officials, and to make it easier for 
prosecutors to go after gang members who commit serious or violent 
crimes on behalf of their gangs.
  We offer this comprehensive legislation because the problem of gang 
violence continues to get worse. I concur in the sentiments expressed 
by Los Angeles Police Department Chief William Bratton when he stated, 
``There is nothing more insidious than these gangs. They are worse than 
the Mafia. Show me a year in New York where the Mafia indiscriminately 
killed 300 people. You can't.''
  In 2002, there were over 650 homicides in Los Angeles, half of which 
were gang related. This year the Los Angeles Police Department reports 
approximately 400 murders and almost one-half of those murders are the 
result of gang violence.
  The United States Attorney in Los Angeles testified before the 
Judiciary Committee last month about the gang problem in her city. She 
stated that in Los Angeles County alone, conservative estimates put 
street gangs at about 1,000 in number. The number of individual gang 
members in those street gangs is 150,000.
  In addition, there are approximately another 20,000 gang members in 
Orange County, Ventura and San Bernardino Counties.
  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 a couple of examples from my own home city of San 
Francisco.
  In 2000, two rival gangs had a shoot out 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 the 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.
  And just recently, on September 28, 2003, 7-week-old Glenn Timmy 
Maurice Molex was killed in his home during a drive-by shooting in a 
Bayview district neighborhood in San Francisco. Law enforcement believe 
that gang members may have been involved in the shooting.
  But this problem is not limited to any one city, of course.
  In 1980, there were gangs in 286 jurisdictions. Today, they are in 
over 1,500 jurisdictions.
  In 1980, there were about 2,000 gangs. Today, there are over 26,000 
gangs.
  In 1980, there were about 100,000 gang members. Today, there are more 
than 750,000 gang members.
  I would like to explain how this legislation will help deter and 
punish gang-related crimes, and why Congress should act quickly to pass 
it.
  First, the bill includes tough 10-year sentences for gang 
recruitment. This will serve to punish anyone who recruits a member to 
join--or forces a member to stay in--a criminal street gang with the 
intent to have that person commit a serious violent crime or a drug 
crime.
  Second, if the person who was recruited was a minor, the offender 
will serve a mandatory minimum sentence of 3 years.
  The purpose of this provision is to deter criminal gang recruitment. 
It is also to punish those who use minors to commit their crimes. And 
gangs specifically do go after juveniles because they know that, if the 
child is caught, he or she will probably receive lighter punishment 
than an adult.
  I believe that we need to punish gang recruitment of children very 
severely. This bill would do that.
  This legislation would also make it a crime for three or more people 
who work together to commit predicate gang crimes which are listed in 
the bill. Gang members who commit two or more predicate gang crimes or 
employ another individual to commit a gang crime would be punished 
under this new statute by up to 30 years in prison. If the predicate 
gang crime carries a greater penalty, the maximum would increase. If 
the gang member has previously been convicted of a predicate gang 
crime, that gang member's sentence would also increase.
  And because juveniles are being used to commit these gang crimes, if 
the gang member employs a minor to commit the gang crime, the gang 
member would face a mandatory minimum sentence of 10 years.
  The predicate gang crimes are felony crimes and include murder, 
attempted murder, manslaughter, gambling, kidnapping, robbery, 
extortion, arson, obstruction of justice, tampering with or retaliating 
against a witness, victim or informant, burglary, sexual assault, 
carjacking, or selling or possessing a controlled substance, firearm 
offenses, and illegal transportation of an alien.
  The offenses that are listed as predicate gang crimes are those 
commonly pursued by gangs.
  One study of gangs in various countries found that law enforcement 
reported that 55 percent of gang members were involved in aggravated 
assaults; 33 percent in robberies;
  Fifty-eight percent in burglary and breaking and entering;
  Fifty-two percent in motor vehicle theft; and
  Seventy-two percent in drug sales.
  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.
  This bill also allows property derived from gang crimes to be 
forfeited.
  Third, the bill creates a new, RICO-like, anti-gang law to help 
prosecutors target the more serious gangs and gang members. In response 
to the problems of mafia-violence, the racketeering statute was created 
to punish violent crimes that are in furtherance of a racketeering 
enterprise. This legislation will do the same for violent crimes that 
are in furtherance of gang activity or drug activity.
  The gang and drug crimes are those which I have described earlier--
murder, carjacking, drug distribution, robbery, firearms violations, 
and sexual assault. These crimes represent the heart of gang activity 
and those who commit them must be met with tough penalties.
  The penalties range from a maximum of 10 years to the death penalty 
if death results from the crime.
  This legislation also expands the Travel Act.
  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.

[[Page S12619]]

  This statute was passed in 1961 also with mafia-related criminal 
activity in mind.
  Now criminal street gangs travel interstate for another purpose which 
strikes at the heart of our system of justice--intimidating and 
retaliating against witnesses, jurors, informants, and victims.
  This bill would make it a crime to travel across state lines for that 
purpose and would allow for a sentence up to life imprisonment for 
someone who commits that crime.
  Defendants who violate the Travel Act and kill someone will also face 
a possible death sentence for such actions.
  This bill should ensure that prosecutors can use the Travel Act to 
act against crimes caused by the new Mafia: criminal street gangs.
  The bill also amends several criminal statutes to address violent 
crimes frequently or typically committed by gangs.
  These crimes include carjacking, assault, manslaughter, racketeering, 
illegal gun transfers to drug traffickers or violent criminals, the use 
of firearms in drug trafficking and violent crimes, and murder-for-
hire.
  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.
  This legislation also changes the venue statute for capital cases so 
that capital cases can be brought where the murder occurs or where the 
racketeering conspiracy, drug conspiracy, or criminal street gang 
operates. So, if the gang, commits the bulk of its crimes in one State 
but commits a capital crime in another State, all of the crimes can be 
tried in the same State where the gang focused its criminal activity 
and the government can seek the appropriate punishment for that crime. 
The jury will then get the whole picture of how the gang operated and 
what they did.

  Where a 16-year-old or 17-year-old has committed a Federal serious 
violent felony, this legislation facilitates Federal prosecution of 
such offenders. Surveys in 1996 and 1999 showed that 37-50 percent of 
gang members were under the age of 18. This legislation also calls upon 
the United States Sentencing Commission to create new sentencing 
guidelines for juvenile offenders who are charged as adults to address 
concerns specific to offenders of that age.
  The bill permits the Attorney General to designate high intensity 
interstate gang activity areas, HIIGAs, and authorizes $100,000,000 for 
each of 5 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 develop initiatives to 
implement the strategies.
  HIDTAs are based on an equal partnership between different law 
enforcement agencies.
  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 ``head 
quartered'' 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.
  These points are also true for many criminal gangs. So we have 
erected a new program of cooperation between law enforcement agencies 
to attack the gang problem like we attack the drug problem.
  This bill authorizes $75 million over the next 5 years for the hiring 
of Federal prosecutors to identify and prosecute significant gangs 
within their districts under the Project Safe Neighborhoods program. 
Across the Nation, 94 Project Safe Neighborhoods Task Forces are 
working to implement the coordinated strategy to reduce gun violence, 
led by the U.S. Attorney in each of the Federal judicial districts. 
U.S. Attorneys have been working side by side with all law enforcement 
participants in their communities to identify the most pressing crime 
problems and attack those problems both through prevention and 
aggressive prosecution.
  Finally, this legislation would authorize $100 million dollars over 
the next 5 years for States to update their technology, create and fund 
gang prevention and community prosecution programs, and create and 
expand witness protection programs.
  Witness protection is a critical part of reducing gang violence. The 
president of the National District Attorneys Association, Robert 
McCulloch, who is also the district attorney in St. Louis, testified 
last month before the Judiciary Committee. He said that while his 
office is able to put witnesses in motels for a couple of days or a 
week or is able to send them on a bus ride to a relative's house, the 
solutions are not long-term. And as a result, the witnesses come back 
and are at risk. That is not acceptable. If witnesses are not confident 
that they will remain safe, they will not talk to law enforcement. It 
is as simple as that. We must give local and State law enforcement the 
tools to keep witnesses alive.

  While criminal street gangs flourish in certain urban areas such as 
Los Angeles and Chicago, they typically use these cities as bases to 
invade more rural locales.
  And the characteristics of a criminal street gang are extremely 
diverse. While some criminal street gangs are looser-affiliations of 
violent individuals who work together in furtherance of their gang, 
there are also some very highly disciplined, hierarchical 
``corporations,'' often encompassing numerous jurisdictions.
  MS-13, an international gang with roots in El Salvador's civil war 
has spread to at least 28 States and includes more than 8,000 members. 
In this gang there is no real command structure or national charter.
  And in the Washington, D.C. metropolitan area, criminal street gangs 
are largely neighborhood-based associations of lifelong friends. They 
use no flashy names or symbols, but they bank together to commit crimes 
and sell drugs.
  In the past three years, members of just three neighborhood-based 
gangs in Washington, D.C., called the 1-5 Mob, the K Street Crew and 
Murder Inc. by prosecutors, have been convicted of 57 murders and 
dozens of assaults and weapons offenses for gang crimes committed over 
the past ten years.
  On the other hand, there are some very organized and structured 
ruthless gangs in this country.
  The Gangster Disciples Nation, for example, has 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.
  And just like MS-13, these gangs pop up all across the country.
  In 1996, the Gangster Disciples Nation and other Chicago-based gangs 
were in 110 jurisdictions in 35 states.
  Members of the Los-Angeles based 18th Street Gang have migrated 
outside of California into the southwest border up into the Pacific 
Northwest, out to New Jersey, Mexico, and El Salvador. Los Angeles gang 
members have been tracked to Indianapolis, Oklahoma, Omaha, Raleigh and 
St. Louis.
  This bill is a necessary measure to target increasingly violent, 
increasingly sophisticated, and increasingly national gangs. This is 
not just a California problem, or a Chicago problem, or a District of 
Columbia problem--this problem is a nationwide in its scope, and we 
must craft a nationwide solution. This legislation will tackle that 
problem head-on. We simply cannot wait any longer.
  I look forward to working with my colleagues to enact the Gang 
Prevention and Effective Deterrence Act of 2003.
      By Mr. ENZI (for himself, Mr. Dorgan, Mr. Chafee, Mr. Hagel, Mrs. 
        Hutchison, Mr. Voinovich, Mr. Thomas, Mr. Breaux, Mr. Bingaman, 
        Mr. Graham of Florida, Mr. Johnson, Mr. Nelson of Nebraska, and 
        Mr. Rockefeller):

[[Page S12620]]

  S. 1736. A bill to promote simplification and fairness in the 
administration and collection of sales and use taxes; to the Committee 
on Finance.
  Mr. ENZI. Mr. President, I rise today to introduce the Streamlined 
Sales and Use Tax Act, a bill that will make it easier for American 
consumers and businesses to conduct sales from remote locations. Our 
bill will also help states begin to recover from years of budgetary 
shortfalls.
  This bill is not a disguised attempt to increase taxes or put a new 
tax on the Internet. Consumer are already supposed to pay sales and use 
taxes in most States for purchases made over the phone, by mail, or via 
the Internet. Unfortunately, most consumers are unaware they are 
required to pay this use tax on purchases for which retailers choose 
not to collect sales tax at the time of purchase.
  That means consumers who buy products online are required to keep 
track of their purchases and then pay outstanding use tax obligation on 
their State tax forms. Most people do not know this or comply with the 
requirement. As such, States are losing millions of dollars in annual 
revenue.
  Our legislation will help both consumers and States by reducing the 
burden on consumers and providing a mechanism that will allow States to 
systematically and fairly collect the taxes already owed to them.
  This bill is not about new taxes. Simply put, if Congress continues 
to allow remote sales taxes to go uncollected and electronic commerce 
continues to grow as predicted, other taxes--such as income or property 
taxes--will have to be increased to offset the lost revenue. I want to 
avoid that. That's why we need to implement a plan that will allow 
States to generate revenue using mechanisms already approved by their 
local leaders.
  This bill is about economic growth. Sales and use taxes provide 
critical revenue to pay for our schools, our police officers, 
firefighters, road construction, and more. It will bring more money--
money that is already owed--into rural areas that are struggling 
economically. It will also help businesses comply with the complicated 
States sales tax systems. That means the business resources that have 
historically been spent on tax compliance could be used, among other 
things, to hire new people and buy new equipment.

  This bill is about tax simplification. As the Supreme Court 
identified in the Quill versus North Dakota decision in 1992, the 
complicated State and local sales tax systems across this country have 
created an undue burden on sellers. Our bill will help relieve this 
burden by requiring States to meet the stringent simplification 
standards outlined in the Streamlined Sales and Use Tax Agreement. This 
bill requires States to implement and maintain these simplification 
measures before they can require any seller to collect and remit sales 
tax.
  The Streamlined Sales and Use Tax Agreement includes dramatic 
simplification in almost every aspect of sales and use tax collection 
and administration, especially for multi-state sellers. Areas of 
simplification include exemption processing, uniform definitions, State 
level administration of local taxes, a reduced number of sales tax 
rates, determining the appropriate tax rate, and reduced audit burdens 
for sellers using the state-certified technology.
  I firmly believe this bill, coupled with the Agreement, will 
facilitate a change to our taxing system that benefit local and State 
governments, Main Street and online businesses, and consumers. I 
recognize that this legislation may not be perfect, but I welcome the 
opportunity to continue working with retailers, local and State 
lawmakers and my colleagues to address any remaining concerns. Our 
intention is to close the sales tax loophole for remote sales, and I am 
ready and willing to engage in discussions to ensure that this bill 
fairly accomplishes that objective.
  I thank my colleague, Senator Dorgan, for his tireless efforts on 
this issue. He has been instrumental in drafting this critical 
legislation, and I appreciate his insight and thoroughness. I would 
also like to thank my colleagues on both sides of the aisle who have 
agreed to be original cosponsors--Senators Dorgan, Breaux, Bingaman, 
Chafee, Bob Graham, Hagel, Hutchison, Johnson, Ben Nelson, Rockefeller, 
Voinovich, and my esteemed fellow Senator from Wyoming, Senator Thomas.
  Mr. DORGAN. Mr. President, I rise today with Senator Enzi and others 
to introduce legislation to address the long-standing issue of how to 
see that the sales and uses taxes which are owed on remote sales, i.e., 
items bought from companies outside of the State in which the purchaser 
lives, can be fairly collected. The Simplified Sales and Use Tax Act 
which we introduce today will allow the States to require collection 
only after they have dramatically simplified their sales and use tax 
systems.
  Collecting a sales tax in a face-to-face transaction on Main Street 
or at the mall is a relatively simple process. The seller collects the 
tax and remits it to the State or local government. But with remote 
sales--such as catalog and Internet sales--it's more difficult. States 
cannot require a seller to collect a sales tax unless the business has 
an actual location or sales people in the State. So most States, and 
many localities, have laws that require the local buyer to send an 
equivalent ``use tax'' to the State or local government when he or she 
did not pay taxes at the time of purchase.
  The reality, of course, is that customers almost never do that. It 
would be a major inconvenience, and people are not accustomed to paying 
sales taxes in that way. So, despite the legal requirement, most simply 
don't do it, and the tax, which is already owed, goes unpaid. For 
years, State and local governments could accept this loss because 
catalog sales were a relatively minor portion of overall commerce. But, 
as e-commerce continues to grow so does the competitive divide between 
those businesses with and without the collection burden and the local 
governments who are losing an ever larger share of sales tax revenues.
  In fact, it appears as if local governments are facing a perfect 
storm of dwindling economic activity, and a growing migration of 
commerce from Main Street to the Internet. As online consumer purchases 
have nearly doubled in the last 2 years estimates are that States and 
localities lost at least $13.5 billion in uncollected sales and use tax 
revenues in 2002, and that number is expected to grow to $45 billion by 
2006.
  Internet and catalog sellers correctly argue that collecting and 
remitting sales taxes would be a significant burden. Understandably, 
they contend that, unless things change, it would be difficult for them 
to have to comply with tax laws from thousands of different 
jurisidictions--46 States and thousands of local governments--with 
different tax rates and all of the idiosyncrasies regarding what is 
taxable and what is non-taxable.
  This is a legitimate complaint, and I understand why the Supreme 
Court agreed with them when it decided that companies have to have a 
physical presence in a State before being required to collect sales 
taxes.
  But, in so ruling the Court did two things: (1) it told the States to 
simplify their sales and use tax systems, and (2) it invited Congress 
to define how much simplification will be needed so that collection 
will no longer be an impermissible burden on interstate commerce.
  The States have since responded to the Court's ruling with the 
``Streamlined Sales and Use Tax Agreement.'' Approved by 34 States and 
the District of Columbia after extensive discussions with the business 
community this unprecedented agreement will dramatically simplify and 
streamline how State sales taxes are identified and collected. And, by 
harmonizing State sales tax rules, bringing uniformity to definitions 
of items in the sales tax base, significantly reducing the paperwork 
burden on retailers, and incorporating a seamless electronic reporting 
process the agreement will significantly reduce the burden of 
collection on all sellers. Once adopted by 10 States with at least 20 
percent of the population, the Simplified Sales and Use Tax Act would 
give those States the authority to collect sales or use taxes equally 
from all retailers.
  I understand that some have raised questions about how the small 
business exemption included in this legislation will be applied, and I 
intend to work with those interested parties to try to address this 
matter. However, sales and

[[Page S12621]]

use tax simplification is an important issue that Congress must address 
sooner rather than later. The legislation we introduce today is 
workable and strikes a fair balance between the interests of consumers, 
local retailers and remote sellers.
  Mr. President, I urge my colleagues to support this much-needed 
bipartisan legislation.
                                 ______