[Congressional Record Volume 151, Number 5 (Tuesday, January 25, 2005)]
[Senate]
[Pages S474-S483]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself, Mr. Hatch, Mr. Grassley, Mr. 
        Cornyn, and Mr. Kyl):
  S. 155. 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.
  Mrs. FEINSTEIN. Mr. President, I rise today to join my good friend 
and colleague Senator Orrin Hatch, to introduce the ``Gang Prevention 
and Effective Deterrence Act of 2005.''
  Gangs are spreading across our country, increasing in violence and 
power in every State. The growth and spread of these gangs illustrate 
the simple fact that they are no longer a local problem. They are a 
national problem, and require a national solution. This bill is 
designed to contribute to that solution by bringing together Federal, 
State and local law enforcement, equipping them with the right legal 
tools, and providing authorization for funds to make this partnership 
effective.
  First, let me illustrate the scope of the problem we face: In 2002, 
there were approximately 731,500 gang members and 21,500 gangs in the 
United States. Additionally, the FBI report on national crime 
statistics found that youth-gang homicides had jumped to more than 
1,100 in 2002, up from 692 in 1999. According to a report commissioned 
by a coalition of big city police chiefs, gang-related killings 
skyrocketed by 50 percent from 1999 to 2002. In 2002, there were a 
little more than 16,000 homicides in the United States--more than a 
thousand of those murders were gang-related. In Southern California 
alone there have been about 3,100 gang-related killings since 1999. 87 
percent of U.S. cities with a population of more than 100,000 have 
reported gang problems, according to the Department of justice.
  The bottom line is that this is a major problem.
  This legislation before us today squarely addresses these serious 
issues. Its main point is to create a new type of crime, by defining 
and criminalizing ``Criminal Street Gangs.'' This recognizes the basic 
point of a street gang--it is more powerful, and more dangerous, than 
its individual members. Defeating gangs means recognizing what is so 
dangerous about them, and then making that conduct against the law.
  This bill does exactly that. It makes illegal participation in a 
criminal street gang a federal crime. A ``criminal street gang'' is 
defined to mean a formal or informal group, club, organization or 
association of 3 or more persons who act together to commit gang 
crimes. This legislation makes it a crime for a member of a criminal 
street gang to commit, conspire or attempt to commit two or more 
predicate gang crimes; or to get another individual to commit a gang 
crime. The term ``gang crime'' is defined to include violent and other 
serious State and Federal felony crimes such as: murder, maiming, 
manslaughter, kidnapping, arson, robbery, assault with a dangerous 
weapon, obstruction of justice, carjacking, distribution of a 
controlled substance, certain firearms offenses and money laundering. 
And it criminalizes violent crimes in furtherance or in aid of criminal 
street gangs.

  These two provisions are at the heart of this legislation. Armed with 
this new law, Federal prosecutors, working in tandem with State and 
local law enforcement, will be able to take on gangs in much the same 
way that traditional Mafia families have been systematically destroyed 
by effective RICO prosecutions. The legislation also recognizes that 
the core changes, standing alone, are not sufficient.
  The Gang Prevention and Effective Deterrence Act is a comprehensive 
bill to increase gang prosecution and prevention efforts. The bill 
authorizes approximately $650 million over the next five years to 
support Federal, State and local law enforcement efforts against 
violent gangs including the funding of witness protection programs and 
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.
  Witness protection is particularly important--as an example, recent 
press reports from Boston show that gang members are distributing what 
is, in essence, a witness intimidation media kit, complete with 
graphics and CDs that warn potential witnesses that they will be 
killed--one CD depicts three bodies on its covers. In another incident, 
a witnesses' grand jury testimony was taped to his home--soon afterward 
he was killed.
  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 effectively 
prosecute 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--specifically it:
  Makes recruiting minors to join criminal street gangs a Federal crime 
and requires offenders to pay the costs associated with housing and 
treating any recruited minor who is prosecuted for their gang activity.
  Makes murder and other violent crimes committed in connection with 
drug trafficking Federal crimes.
  Creates a new offense of multiple interstate murders, where an 
individual crosses State lines and intends to cause the death of two or 
more people.
  Allows for prosecution of gang members who cross State lines to 
obstruct justice, intimidate or retaliate against witnesses, jurors, 
informants, or victims.
  Creates tougher laws for certain Federal crimes like assault, 
carjacking, manslaughter, conspiracy, and for specific types of crimes 
occurring in Indian country.
  Requires that someone convicted of hiring another person to commit 
murder be punished with imprisonment, instead of a fine.
  Makes sexual assault a predicate act under RICO and increases the 
maximum sentences for these RICO crimes.
  Allows for detention of persons charged with firearms who have been 
previously convicted of prior crimes of violence or serious drug 
offenses. Current law does not allow a prosecutor to

[[Page S475]]

ask that a person be held without bail even if the person has 
previously been convicted of a crime of violence or a serious drug 
offense. This bill would allow prosecutors to make that request of a 
judge but would allow a criminal defendant the right to argue why he or 
she should not be held.
  Makes it clear that in a death penalty case, the case can be tried 
where the murder, or related conduct, occurred.
  Extends the time within which a violent crime case can be charged and 
tried. For violent crime cases, the time is extended 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.
  Permits wiretaps to be used for new gang crimes created by this bill.
  Allows for a murdered witness's statements to be admitted at trial in 
cases where the defendant caused the witness's death.
  Makes clear where a case can be tried involving retaliation against a 
witness--in either the district where the case is being tried, or where 
the intimidation took place.
  Increases penalties for criminal use of firearms in crimes of 
violence and drug trafficking.
  Includes modified juvenile provisions. This bill will allow 
prosecutors to more easily charge 16 and 17 year olds who are charged 
with serious violent felonies. A judge will review every decision a 
prosecutor makes to charge a juvenile as an adult.
  Creates and provides assistance for ``High Intensity'' Interstate 
Gang Activity areas. This legislation requires the Attorney General 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.
  Authorizes funding of $500 million for 2004 through 2008 to meet the 
goals of suppression and intervention: $50 million a year will be used 
to support the criminal gang enforcement teams. $50 million a year 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.

  Authorizes $150 million over five years to support anti-gang efforts 
including: Expanding the Project Safe Neighborhood program to require 
U.S. Attorneys to identify and prosecute significant gangs within their 
district; coordinating such prosecutions among all local, State, and 
Federal law enforcement; and coordinating criminal street gang 
enforcement teams in designated high intensity interstate gang activity 
areas. Supporting the Federal Bureau of Investigation's Safe Streets 
Program. Creating and expanding witness protection programs, the hiring 
of additional State and local prosecutors, funding gang prevention and 
community prosecution programs and purchasing equipment to increase the 
accurate identification and prosecution of violent offenders.
  The bottom line is that this legislation would provide the tools and 
the resources to begin that national task of destroying criminal street 
gangs. It is designed to emphasize and encourage Federal, State and 
local cooperation. It combines enforcement with prevention. It is a 
tough, effective and fair approach.
  This is not a new bill. I have been working on it for almost ten 
years. In 1996, I joined Senator Hatch and others to develop the 
Federal Gang Violence Act, which would have increased criminal 
penalties for gang members, made recruiting persons into a criminal 
street gang a crime, and enhanced penalties for transferring a gun to a 
minor. Many of the provisions of that bill were incorporated into the 
1999 Juvenile Justice bill, which was approved overwhelmingly (73-25) 
by the Senate in the 106th Congress. However, the Juvenile Justice bill 
stalled in conference, and these provisions were never signed into law.
  In the years that followed we kept up our efforts, with Republicans 
and Democrats working together on this critical issue. In the 108th 
Congress a version of this bill was introduced, and eventually was co-
sponsored by Senators Hatch and others. That bill was the subject of 
much discussion and debate. Some of my colleagues raised some valuable 
suggestions and criticisms, many of which were incorporated in the bill 
last year. The result of that compromise was reported favorably by the 
Judiciary Committee last Fall, but was never considered by the full 
Senate.
  The legislation today is the same as that which was approved by the 
Judiciary Committee, and I hope this year we will move quickly to pass 
it into law. That said, I understand that some of my colleagues are 
still concerned about certain aspects of the bill. My intention is to 
continue to negotiate in the weeks ahead. I am open to change, and 
welcome further discussion and analysis.
  We all agree that gangs are a terrible and growing problem. We all 
agree that something needs to be done. I believe that this legislation 
is desperately needed, and I look forward to working with my colleagues 
on both sides of the aisle to take this bill and make it law.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 155

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Gang 
     Prevention and Effective Deterrence Act of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:
Sec. 1. Short title; table of contents.

              TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

Sec. 100. Findings.

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

Sec. 101. Solicitation or recruitment of persons in criminal street 
              gang activity.
Sec. 102. Criminal street gangs.
Sec. 103. Violent crimes in furtherance or in aid of criminal street 
              gangs.
Sec. 104. Interstate and foreign travel or transportation in aid of 
              criminal street gangs.
Sec. 105. Amendments relating to violent crime in areas of exclusive 
              Federal jurisdiction.
Sec. 106. Increased penalties for use of interstate commerce facilities 
              in the commission of murder-for-hire and other felony 
              crimes of violence.
Sec. 107. Increased penalties for violent crimes in aid of racketeering 
              activity.
Sec. 108. Murder and other violent crimes committed during and in 
              relation to a drug trafficking crime.

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

Sec. 110. Designation of and assistance for ``high intensity'' 
              interstate gang activity areas.
Sec. 111. Enhancement of project safe neighborhoods initiative to 
              improve enforcement of criminal laws against violent 
              gangs.
Sec. 112. Additional resources needed by the Federal Bureau of 
              Investigation to investigate and prosecute violent 
              criminal street gangs.
Sec. 113. Grants to State and local prosecutors to combat violent crime 
              and to protect witnesses and victims of crimes.
Sec. 114. Reauthorize the gang resistance education and training 
              projects program.

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

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

[[Page S476]]

Sec. 210. Possession of firearms by dangerous felons.
Sec. 211. Conforming amendment.

         TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

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

              TITLE I--CRIMINAL STREET GANG ABATEMENT ACT

     SEC. 100. FINDINGS.

       Congress finds that--
       (1) violent crime and drug trafficking are pervasive 
     problems at the national, State, and local level;
       (2) the crime rate is exacerbated by the association of 
     persons in gangs to commit acts of violence and drug 
     offenses;
       (3) according to the most recent National Drug Threat 
     Assessment, criminal street gangs are responsible for the 
     distribution of much of the cocaine, methamphetamine, heroin, 
     and other illegal drugs being distributed in rural and urban 
     communities throughout the United States;
       (4) gangs commit acts of violence or drug offenses for 
     numerous motives, such as membership in or loyalty to the 
     gang, for protecting gang territory, and for profit;
       (5) gang presence has a pernicious effect on the free flow 
     of commerce in local businesses and directly affects the 
     freedom and security of communities plagued by gang activity;
       (6) gangs often recruit and utilize minors to engage in 
     acts of violence and other serious offenses out of a belief 
     that the criminal justice systems are more lenient on 
     juvenile offenders;
       (7) gangs often intimidate and threaten witnesses to 
     prevent successful prosecutions;
       (8) gang recruitment can be deterred through increased 
     vigilance, strong criminal penalties, equal partnerships with 
     State and local law enforcement, and proactive intervention 
     efforts, particularly targeted at juveniles, prior to gang 
     involvement;
       (9) State and local prosecutors, in hearings before the 
     Committee on the Judiciary of the Senate, enlisted the help 
     of Congress in the prevention, investigation, and prosecution 
     of gang crimes and in the protection of witnesses and victims 
     of gang crimes; and
       (10) because State and local prosecutors and law 
     enforcement have the expertise, experience, and connection to 
     the community that is needed to combat gang violence, 
     consultation and coordination between Federal, State, and 
     local law enforcement is critical to the successful 
     prosecutions of criminal street gangs.

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

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

       Chapter 26 of title 18, United States Code, is amended by 
     adding at the end the following:

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

       ``(a) Prohibited Acts.--It shall be unlawful for any person 
     to recruit, employ, solicit, induce, command, or cause 
     another person to be or remain as a member of a criminal 
     street gang, or conspire to do so, with the intent to cause 
     that person to participate in an offense described in section 
     521(a).
       ``(b) Definition.--In this section:
       ``(1) Criminal street gang.--The term `criminal street 
     gang' shall have the same meaning as in section 521(a) of 
     this title.
       ``(2) Minor.--The term `minor' means a person who is less 
     than 18 years of age.
       ``(c) Penalties.--Any person who violates subsection (a) 
     shall--
       ``(1) be imprisoned not more than 5 years, fined under this 
     title, or both; or
       ``(2) if the person recruited, solicited, induced, 
     commanded, or caused to participate or remain in a criminal 
     street gang is under the age of 18--
       ``(A) be imprisoned for not more than 10 years, fined under 
     this title, or both; and
       ``(B) at the discretion of the sentencing judge, be liable 
     for any costs incurred by the Federal Government, or by any 
     State or local government, for housing, maintaining, and 
     treating the person until the person attains the age of 18 
     years.''.

     SEC. 102. CRIMINAL STREET GANGS.

       (a) Criminal Street Gang Prosecutions.--Section 521 of 
     title 18, United States Code, is amended to read as follows:

     ``Sec. 521. Criminal street gang prosecutions

       ``(a) Definitions.--As used in this chapter:
       ``(1) Criminal street gang.--The term `criminal street 
     gang' means a formal or informal group, club, organization, 
     or association of 3 or more individuals, who individually, 
     jointly, or in combination, have committed or attempted to 
     commit for the direct or indirect benefit of, at the 
     direction of, in furtherance of, or in association with the 
     group, club organization, or association at least 2 separate 
     acts, each of which is a predicate gang crime, 1 of which 
     occurs after the date of enactment of the Gang Prevention and 
     Effective Deterrence Act of 2004 and the last of which occurs 
     not later than 10 years (excluding any period of 
     imprisonment) after the commission of a prior predicate gang 
     crime, and 1 predicate gang crime is a crime of violence or 
     involves manufacturing, importing, distributing, possessing 
     with intent to distribute, or otherwise dealing in a 
     controlled substance or listed chemicals (as those terms are 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802)) provided that the activities of the criminal 
     street gang affect interstate or foreign commerce, or involve 
     the use of any facility of, or travel in, interstate or 
     foreign commerce.
       ``(2) Predicate gang crime.--The term `predicate gang 
     crime' means--
       ``(A) any act, threat, conspiracy, or attempted act, which 
     is chargeable under Federal or State law and punishable by 
     imprisonment for more than 1 year involving--
       ``(i) murder;
       ``(ii) manslaughter;
       ``(iii) maiming;
       ``(iv) assault with a dangerous weapon;
       ``(v) assault resulting in serious bodily injury;
       ``(vi) gambling;
       ``(vii) kidnapping;
       ``(viii) robbery;
       ``(ix) extortion;
       ``(x) arson;
       ``(xi) obstruction of justice;
       ``(xii) tampering with or retaliating against a witness, 
     victim, or informant;
       ``(xiii) burglary;
       ``(xiv) sexual assault (which means any offense that 
     involves conduct that would violate chapter 109A if the 
     conduct occurred in the special maritime and territorial 
     jurisdiction);
       ``(xv) carjacking; or
       ``(xvi) manufacturing, importing, distributing, possessing 
     with intent to distribute, or otherwise dealing in a 
     controlled substance or listed chemicals (as those terms are 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802));
       ``(B) any act punishable by imprisonment for more than 1 
     year under--
       ``(i) section 844 (relating to explosive materials);
       ``(ii) section 922(g)(1) (where the underlying conviction 
     is a violent felony (as defined in section 924(e)(2)(B) of 
     this title) or is a serious drug offense (as defined in 
     section 924(e)(2)(A) of this title));
       ``(iii) subsection (a)(2), (b), (c), (g), or (h) of section 
     924 (relating to receipt, possession, and transfer of 
     firearms);
       ``(iv) sections 1028 and 1029 (relating to fraud and 
     related activity in connection with identification documents 
     or access devices);
       ``(v) section 1503 (relating to obstruction of justice);
       ``(vi) section 1510 (relating to obstruction of criminal 
     investigations);
       ``(vii) section 1512 (relating to tampering with a witness, 
     victim, or informant), or section 1513 (relating to 
     retaliating against a witness, victim, or informant);
       ``(viii) section 1708 (relating to theft of stolen mail 
     matter);
       ``(ix) section 1951 (relating to interference with 
     commerce, robbery or extortion);
       ``(x) section 1952 (relating to racketeering);
       ``(xi) section 1956 (relating to the laundering of monetary 
     instruments);
       ``(xii) section 1957 (relating to engaging in monetary 
     transactions in property derived from specified unlawful 
     activity);
       ``(xiii) section 1958 (relating to use of interstate 
     commerce facilities in the commission of murder-for-hire); or
       ``(xiv) sections 2312 through 2315 (relating to interstate 
     transportation of stolen motor vehicles or stolen property); 
     or
       ``(C) any act involving the Immigration and Nationality 
     Act, section 274 (relating to bringing in and harboring 
     certain aliens), section 277 (relating to aiding or assisting 
     certain aliens to enter the United States), or section 278 
     (relating to importation of alien for immoral purpose).
       ``(3) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, and 
     any commonwealth, territory, or possession of the United 
     States.
       ``(b) Participation in Criminal Street Gangs.--It shall be 
     unlawful--
       ``(1) to commit, or conspire or attempt to commit a 
     predicate crime--
       ``(A) in furtherance or in aid of the activities of a 
     criminal street gang;
       ``(B) for the purpose of gaining entrance to or maintaining 
     or increasing position in such a gang; or
       ``(C) for the direct or indirect benefit of the criminal 
     street gang, or in association with the criminal street gang; 
     or
       ``(2) to employ, use, command, counsel, persuade, induce, 
     entice, or coerce any individual to commit, cause to commit, 
     or facilitate the commission of, a predicate gang crime--
       ``(A) in furtherance or in aid of the activities of a 
     criminal street gang;
       ``(B) for the purpose of gaining entrance to or maintaining 
     or increasing position in such a gang; or
       ``(C) for the direct or indirect benefit or the criminal 
     street gang, or in association with the criminal street gang.
       ``(c) Penalties.--Whoever violates paragraph (1) or (2) of 
     subsection (b)--
       ``(1) shall be fined under this title, imprisoned for not 
     more than 30 years, or both; and
       ``(2) if the violation is based on a predicate gang crime 
     for which the maximum penalty includes life imprisonment, 
     shall be fined under this title, imprisoned for any term of 
     years or for life, or both.
       ``(d) Forfeiture.--
       ``(1) In general.--The court, in imposing sentence on a 
     person who is convicted of an offense under this section, 
     shall order that the defendant forfeit to the United States--

[[Page S477]]

       ``(A) any property, real or personal, constituting or 
     traceable to gross proceeds obtained from such offense; and
       ``(B) any property used or intended to be used, in any 
     manner or part, to commit or to facilitate the commission of 
     such violation.
       ``(2) Criminal procedures.--The procedures set forth in 
     section 413 of the Controlled Substances Act (21 U.S.C. 853), 
     other than subsection (d) of that section, and in rule 32.2 
     of the Federal Rules of Criminal Procedure, shall apply to 
     all stages of a criminal forfeiture proceeding under this 
     section.
       ``(3) Civil procedures.--Property subject to forfeiture 
     under paragraph (1) may be forfeited in a civil case pursuant 
     to the procedures set forth in chapter 46 of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 26 of title 18, United States Code, is 
     amended to read as follows:
``521. Criminal street gang prosecutions.''.

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

       (a) Violent Crimes and Criminal Street Gang Recruitment.--
     Chapter 26 of title 18, United States Code, as amended by 
     section 101, is amended by adding at the end the following:

     ``Sec. 523. Violent crimes in furtherance or in aid of a 
       criminal street gang

       ``(a) Any person who, for the purpose of gaining entrance 
     to or maintaining or increasing position in, or in 
     furtherance or in aid of, or for the direct or indirect 
     benefit of, or in association with a criminal street gang, or 
     as consideration for the receipt of, or as consideration for 
     a promise or agreement to pay, anything of pecuniary value to 
     or from a criminal street gang, murders, kidnaps, sexually 
     assaults (which means any offense that involved conduct that 
     would violate chapter 109A if the conduct occurred in the 
     special maritime and territorial jurisdiction), maims, 
     assaults with a dangerous weapon, commits assault resulting 
     in serious bodily injury upon, commits any other crime of 
     violence or threatens to commit a crime of violence against 
     any individual, or attempts or conspires to do so, shall be 
     punished, in addition and consecutive to the punishment 
     provided for any other violation of this chapter--
       ``(1) for murder, by death or imprisonment for any term of 
     years or for life, a fine under this title, or both;
       ``(2) for kidnapping or sexual assault, by imprisonment for 
     any term of years or for life, a fine under this title, or 
     both;
       ``(3) for maiming, by imprisonment for any term of years or 
     for life, a fine under this title, or both;
       ``(4) for assault with a dangerous weapon or assault 
     resulting in serious bodily injury, by imprisonment for not 
     more than 30 years, a fine under this title, or both;
       ``(5) for any other crime of violence, by imprisonment for 
     not more than 20 years, a fine under this title, or both;
       ``(6) for threatening to commit a crime of violence 
     specified in paragraphs (1) through (4), by imprisonment for 
     not more than 10 years, a fine under this title, or both;
       ``(7) for attempting or conspiring to commit murder, 
     kidnapping, maiming, or sexual assault, by imprisonment for 
     not more than 30 years, a fine under this title, or both; and
       ``(8) for attempting or conspiring to commit a crime 
     involving assault with a dangerous weapon or assault 
     resulting in serious bodily injury, by imprisonment for not 
     more than 20 years, a fine under this title, or both.
       ``(b) Definition.--In this section, the term `criminal 
     street gang' has the same meaning as in section 521 of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 26 of title 18, United States Code, is 
     amended by adding at the end the following:
``522. Recruitment of persons to participate in a criminal street gang.
``523. Violent crimes in furtherance of a criminal street gang.''.

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

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

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

       (a) Assault Within Maritime and Territorial Jurisdiction of 
     United States.--Section 113(a)(3) of title 18, United States 
     Code, is amended by striking ``with intent to do bodily harm, 
     and without just cause or excuse,''.
       (b) Manslaughter.--Section 1112(b) of title 18, United 
     States Code, is amended by--
       (1) striking ``ten years'' and inserting ``20 years''; and
       (2) striking ``six years'' and inserting ``10 years''.
       (c) Offenses Committed Within Indian Country.--Section 
     1153(a) of title 18, United States Code, is amended by 
     inserting ``an offense for which the maximum statutory term 
     of imprisonment under section 1363 is greater than 5 years,'' 
     after ``a felony under chapter 109A,''.
       (d) Racketeer Influenced and Corrupt Organizations.--
     Section 1961(1) of title 18, United States Code, is amended--
       (1) in subparagraph (A), by inserting ``, or would have 
     been so chargeable if the act or threat (other than lawful 
     forms of gambling) had not been committed in Indian country 
     (as defined in section 1151) or in any other area of 
     exclusive Federal jurisdiction,'' after ``chargeable under 
     State law''; and
       (2) in subparagraph (B), by inserting ``section 1123 
     (relating to multiple interstate murder),'' after ``section 
     1084 (relating to the transmission of wagering 
     information),''.
       (e) Carjacking.--Section 2119 of title 18, United States 
     Code, is amended by striking ``, with the intent to cause 
     death or serious bodily harm''.
       (f) Clarification of Illegal Gun Transfers To Commit Drug 
     Trafficking Crime or Crimes of Violence.--Section 924(h) of 
     title 18, United States Code, is amended to read as follows:
       ``(h) Illegal Transfers.--Whoever knowingly transfers a 
     firearm, knowing that the firearm will be used to commit, or 
     possessed in furtherance of, a crime of violence (as defined 
     in subsection (c)(3)) or drug trafficking crime (as defined 
     in subsection (c)(2)), shall be imprisoned for not more than 
     10 years, fined under this title, or both.''.
       (g) Amendment of Special Sentencing Provision.--Section 
     3582(d) of title 18, United States Code, is amended--
       (1) by striking ``chapter 95 (racketeering) or 96 
     (racketeer influenced and corrupt organizations) of this 
     title'' and inserting ``section 521 (criminal street gangs) 
     or 522 (violent crimes in furtherance or in aid of criminal 
     street gangs), in chapter 95 (racketeering) or 96 (racketeer 
     influenced and corrupt organizations),''; and
       (2) by inserting ``a criminal street gang or'' before ``an 
     illegal enterprise''.
       (h) Conforming Amendment Relating to Orders for 
     Restitution.--Section 3663(c)(4) of title 18, United States 
     Code, is amended by striking ``chapter 46 or chapter 96 of 
     this title'' and inserting ``section 521, under chapter 46 or 
     96,''.
       (i) Special Provision for Indian Country.--No person 
     subject to the criminal jurisdiction of an Indian tribal 
     government shall be subject to section 3559(e) of title 18, 
     United States Code, for any offense for which Federal 
     jurisdiction is solely predicated on Indian country (as 
     defined in section 1151 of such title 18) and which occurs 
     within the boundaries of such Indian country unless the 
     governing body of such Indian tribe elects to subject the 
     persons under the criminal jurisdiction of the tribe to 
     section 3559(e) of such title 18.

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

       Section 1958 of title 18, United States Code, is amended--
       (1) by striking the header and inserting the following:

     ``Sec. 1958. Use of interstate commerce facilities in the 
       Commission of murder-for-hire and other felony crimes of 
       violence''

     ; and
       (2) by amending subsection (a) to read as follows:
       ``(a) Any person who travels in or causes another 
     (including the intended victim) to travel in interstate or 
     foreign commerce, or uses or causes another (including the 
     intended victim) to use the mail or any facility in 
     interstate or foreign commerce, with intent that a murder or 
     other felony crime of violence be committed in violation of 
     the laws of any State or the United States as consideration 
     for the receipt of, or as consideration for a promise or 
     agreement to pay, anything of pecuniary value, or who 
     conspires to do so--
       ``(1) may be fined under this title and shall be imprisoned 
     not more than 20 years;
       ``(2) if personal injury results, may be fined under this 
     title and shall be imprisoned for not more than 30 years; and
       ``(3) if death results, may be fined not more than 
     $250,000, and shall be punished by death or imprisoned for 
     any term of years or for life, or both.''.

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

       Section 1959(a) of title 18, United States Code, is amended 
     to read as follows:
       ``(a) Any person who, as consideration for the receipt of, 
     or as consideration for a

[[Page S478]]

     promise or agreement to pay, anything of pecuniary value from 
     an enterprise engaged in racketeering activity, or for the 
     purpose of gaining entrance to or maintaining or increasing 
     position in an enterprise engaged in racketeering activity, 
     or in furtherance or in aid of an enterprise engaged in 
     racketeering activity, murders, kidnaps, sexually assaults 
     (which means any offense that involved conduct that would 
     violate chapter 109A if the conduct occurred in the special 
     maritime and territorial jurisdiction), maims, assaults with 
     a dangerous weapon, commits assault resulting in serious 
     bodily injury upon, or threatens to commit a crime of 
     violence against any individual in violation of the laws of 
     any State or the United States, or attempts or conspires to 
     do so, shall be punished, in addition and consecutive to the 
     punishment provided for any other violation of this chapter--
       ``(1) for murder, by death or imprisonment for any term of 
     years or for life, a fine under this title, or both;
       ``(2) for kidnapping or sexual assault, by imprisonment for 
     any term of years or for life, a fine under this title, or 
     both;
       ``(3) for maiming, by imprisonment for any term of years or 
     for life, a fine under this title, or both;
       ``(4) for assault with a dangerous weapon or assault 
     resulting in serious bodily injury, by imprisonment for not 
     more than 30 years, a fine under this title, or both;
       ``(5) for threatening to commit a crime of violence, by 
     imprisonment for not more than 10 years, a fine under this 
     title, or both;
       ``(6) for attempting or conspiring to commit murder, 
     kidnapping, maiming, or sexual assault, by imprisonment for 
     not more than 30 years, a fine under this title, or both; and
       ``(7) for attempting or conspiring to commit assault with a 
     dangerous weapon or assault which would result in serious 
     bodily injury, by imprisonment for not more than 20 years, a 
     fine under this title, or both.''.

     SEC. 108. MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING 
                   AND IN RELATION TO A DRUG TRAFFICKING CRIME.

       (a) In General.--Part D of the Controlled Substances Act 
     (21 U.S.C. 841 et seq.) is amended by adding at the end the 
     following:


``MURDER AND OTHER VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A 
                        DRUG TRAFFICKING CRIME.

       ``Sec. 424. (a) In General.--Any person who, during and in 
     relation to any drug trafficking crime, murders, kidnaps, 
     sexually assaults (which means any offense that involved 
     conduct that would violate chapter 109A if the conduct 
     occurred in the special maritime and territorial 
     jurisdiction), maims, assaults with a dangerous weapon, 
     commits assault resulting in serious bodily injury upon, 
     commits any other crime of violence or threatens to commit a 
     crime of violence against, any individual, or attempts or 
     conspires to do so, shall be punished, in addition and 
     consecutive to the punishment provided for the drug 
     trafficking crime--
       ``(1) in the case of murder, by death or imprisonment for 
     any term of years or for life, a fine under title 18, United 
     States Code, or both;
       ``(2) in the case of kidnapping or sexual assault by 
     imprisonment for any term of years or for life, a fine under 
     such title 18, or both;
       ``(3) in the case of maiming, by imprisonment for any term 
     of years or for life, a fine under such title 18, or both;
       ``(4) in the case of assault with a dangerous weapon or 
     assault resulting in serious bodily injury, by imprisonment 
     not more than 30 years, a fine under such title 18, or both;
       ``(5) in the case of committing any other crime of 
     violence, by imprisonment for not more than 20 years, a fine 
     under this title, or both;
       ``(6) in the case of threatening to commit a crime of 
     violence specified in paragraphs (1) through (4), by 
     imprisonment for not more than 10 years, a fine under such 
     title 18, or both;
       ``(7) in the case of attempting or conspiring to commit 
     murder, kidnapping, maiming, or sexual assault, by 
     imprisonment for not more than 30 years, a fine under such 
     title 18, or both; and
       ``(8) in the case of attempting or conspiring to commit a 
     crime involving assault with a dangerous weapon or assault 
     resulting in serious bodily injury, by imprisonment for not 
     more than 20 years, a fine under such title 18, or both.
       ``(b) Venue.--A prosecution for a violation of this section 
     may be brought in--
       ``(1) the judicial district in which the murder or other 
     crime of violence occurred; or
       ``(2) any judicial district in which the drug trafficking 
     crime may be prosecuted.
       ``(c) Applicable Death Penalty Procedures.--A defendant who 
     has been found guilty of an offense under this section for 
     which a sentence of death is provided shall be subject to the 
     provisions of chapter 228 of title 18, United States Code.
       ``(d) Definitions.--As used in this section--
       ``(1) the term `crime of violence' has the meaning given 
     that term in section 16 of title 18, United States Code; and
       ``(2) the term `drug trafficking crime' has the meaning 
     given that term in section 924(c)(2) of title 18, United 
     States Code.''.
       (b) Clerical Amendment.--The table of contents for the 
     Controlled Substances Act is amended by inserting after the 
     item relating to section 423, the following:
``Sec. 424. Murder and other violent crimes committed during and in 
              relation to a drug trafficking crime.''.

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

     SEC. 110. DESIGNATION OF AND ASSISTANCE FOR ``HIGH 
                   INTENSITY'' INTERSTATE GANG ACTIVITY AREAS.

       (a) Definitions.--In this section the following definitions 
     shall apply:
       (1) Governor.--The term ``Governor'' means a Governor of a 
     State or the Mayor of the District of Columbia.
       (2) High intensity interstate gang activity area.--The term 
     ``high intensity interstate gang activity area'' means an 
     area within a State that is designated as a high intensity 
     interstate gang activity area under subsection (b)(1).
       (3) State.--The term ``State'' means a State of the United 
     States, the District of Columbia, and any commonwealth, 
     territory, or possession of the United States. The term 
     ``State'' shall include an ``Indian tribe'', as defined by 
     section 102 of the Federally Recognized Indian Tribe List Act 
     of 1994 (25 U.S.C. 479a).
       (b) High Intensity Interstate Gang Activity Areas.--
       (1) Designation.--The Attorney General, after consultation 
     with the Governors of appropriate States, may designate as 
     high intensity interstate gang activity areas, specific areas 
     that are located within 1 or more States. To the extent that 
     the goals of a high intensity interstate gang activity area 
     (HIIGAA) overlap with the goals of a high intensity drug 
     trafficking area (HIDTA), the Attorney General may merge the 
     2 areas to serve as a dual-purpose entity. The Attorney 
     General may not make the final designation of a high 
     intensity interstate gang activity area without first 
     consulting with and receiving comment from local elected 
     officials representing communities within the State of the 
     proposed designation.
       (2) Assistance.--In order to provide Federal assistance to 
     high intensity interstate gang activity areas, the Attorney 
     General shall--
       (A) establish criminal street gang enforcement teams, 
     consisting of Federal, State, and local law enforcement 
     authorities, for the coordinated investigation, disruption, 
     apprehension, and prosecution of criminal street gangs and 
     offenders in each high intensity interstate gang activity 
     area;
       (B) direct the reassignment or detailing from any Federal 
     department or agency (subject to the approval of the head of 
     that department or agency, in the case of a department or 
     agency other than the Department of Justice) of personnel to 
     each criminal street gang enforcement team; and
       (C) provide all necessary funding for the operation of the 
     criminal street gang enforcement team in each high intensity 
     interstate gang activity area.
       (3) Composition of criminal street gang enforcement team.--
     The team established pursuant to paragraph (2)(A) shall 
     consist of agents and officers, where feasible, from--
       (A) the Bureau of Alcohol, Tobacco, Firearms, and 
     Explosives;
       (B) the Department of Homeland Security;
       (C) the Department of Housing and Urban Development;
       (D) the Drug Enforcement Administration;
       (E) the Internal Revenue Service;
       (F) the Federal Bureau of Investigation;
       (G) the United States Marshal's Service;
       (H) the United States Postal Service;
       (I) State and local law enforcement; and
       (J) Federal, State and local prosecutors.
       (4) Criteria for designation.--In considering an area for 
     designation as a high intensity interstate gang activity area 
     under this section, the Attorney General shall consider--
       (A) the current and predicted levels of gang crime activity 
     in the area;
       (B) the extent to which violent crime in the area appears 
     to be related to criminal street gang activity, such as drug 
     trafficking, murder, robbery, assaults, carjacking, arson, 
     kidnapping, extortion, and other criminal activity;
       (C) the extent to which State and local law enforcement 
     agencies have committed resources to--
       (i) respond to the gang crime problem; and
       (ii) participate in a gang enforcement team;
       (D) the extent to which a significant increase in the 
     allocation of Federal resources would enhance local response 
     to the gang crime activities in the area; and
       (E) any other criteria that the Attorney General considers 
     to be appropriate.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $100,000,000 for each of the fiscal years 2005 to 2009 to 
     carry out this section.
       (2) Use of funds.--Of amounts made available under 
     paragraph (1) in each fiscal year--
       (A) 50 percent shall be used to carry out subsection 
     (b)(2); and
       (B) 50 percent shall be used to make grants available for 
     community-based programs to provide crime prevention, 
     research, and intervention services that are designed for 
     gang members and at-risk youth in areas designated pursuant 
     to this section as high intensity interstate gang activity 
     areas.
       (3) Reporting requirements.--By February 1st of each year, 
     the Attorney General shall provide a report to Congress which 
     describes, for each designated high intensity interstate gang 
     activity area--
       (A) the specific long-term and short-term goals and 
     objectives;

[[Page S479]]

       (B) the measurements used to evaluate the performance of 
     the high intensity interstate gang activity area in achieving 
     the long-term and short-term goals;
       (C) the age, composition, and membership of ``gangs'';
       (D) the number and nature of crimes committed by ``gangs''; 
     and
       (E) the definition of the term ``gang'' used to compile 
     this report.

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

       (a) In General.--While maintaining the focus of Project 
     Safe Neighborhoods as a comprehensive, strategic approach to 
     reducing gun violence in America, the Attorney General is 
     authorized to expand the Project Safe Neighborhoods program 
     to require each United States attorney to--
       (1) identify, investigate, and prosecute significant 
     criminal street gangs operating within their district;
       (2) coordinate the identification, investigation, and 
     prosecution of criminal street gangs among Federal, State, 
     and local law enforcement agencies; and
       (3) coordinate and establish criminal street gang 
     enforcement teams, established under section 110(b), in high 
     intensity interstate gang activity areas within a United 
     States attorney's district.
       (b) Additional Staff for Project Safe Neighborhoods.--
       (1) In general.--The Attorney General may hire Assistant 
     United States attorneys, non-attorney coordinators, or 
     paralegals to carry out the provisions of this section.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated $7,500,000 for each of the fiscal years 
     2005 through 2009 to carry out this section.

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

       (a) Responsibilities of Attorney General.--The Attorney 
     General is authorized to require the Federal Bureau of 
     Investigation to--
       (1) increase funding for the Safe Streets Program; and
       (2) support the criminal street gang enforcement teams, 
     established under section 110(b), in designated high 
     intensity interstate gang activity areas.
       (b) Authorization of Appropriations.--
       (1) In general.--In addition to amounts otherwise 
     authorized, there are authorized to be appropriated to the 
     Attorney General $5,000,000 for each of the fiscal years 2005 
     through 2009 to carry out the Safe Streets Program.
       (2) Availability.--Any amounts appropriated pursuant to 
     paragraph (1) shall remain available until expended.

     SEC. 113. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT TO COMBAT 
                   VIOLENT CRIME AND TO PROTECT WITNESSES AND 
                   VICTIMS OF CRIMES.

       (a) In General.--Section 31702 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13862) is 
     amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(5) to hire additional prosecutors to--
       ``(A) allow more cases to be prosecuted; and
       ``(B) reduce backlogs;
       ``(6) to fund technology, equipment, and training for 
     prosecutors and law enforcement in order to increase accurate 
     identification of gang members and violent offenders, and to 
     maintain databases with such information to facilitate 
     coordination among law enforcement and prosecutors; and
       ``(7) to create and expand witness and victim protection 
     programs to prevent threats, intimidation, and retaliation 
     against victims of, and witnesses to, violent crimes.''.
       (b) Authorization of Appropriations.--Section 31707 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 13867) is amended to read as follows:

     ``SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     $20,000,000 for each of the fiscal years 2005 through 2009 to 
     carry out this subtitle.
       ``(b) Use of Funds.--Of the amounts made available under 
     subsection (a), in each fiscal year 60 percent shall be used 
     to carry out section 31702(7) to create and expand witness 
     and victim protection programs to prevent threats, 
     intimidation, and retaliation against victims of, and 
     witnesses to, violent crimes.''.

     SEC. 114. REAUTHORIZE THE GANG RESISTANCE EDUCATION AND 
                   TRAINING PROJECTS PROGRAM.

       Section 32401(b) of the Violent Crime Control Act of 1994 
     (42 U.S.C. 13921(b)) is amended by striking paragraphs (1) 
     through (6) and inserting the following:
       ``(1) $20,000,000 for fiscal year 2005;
       ``(2) $20,000,000 for fiscal year 2006;
       ``(3) $20,000,000 for fiscal year 2007;
       ``(4) $20,000,000 for fiscal year 2008; and
       ``(5) $20,000,000 for fiscal year 2009.''.

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

     SEC. 201. MULTIPLE INTERSTATE MURDER.

       Chapter 51 of title 18, United States Code, is amended by 
     adding at the end of the new section:

     ``Sec. 1123. Multiple murders in furtherance of common scheme 
       of purpose

       ``(a) In General.--Whoever, having committed murder in 
     violation of the laws of any State or the United States, 
     moves or travels in interstate or foreign commerce with the 
     intent to commit one or more murders in violation of the laws 
     of any State or the United States, and thereafter commits one 
     or more murders in violation of the laws of any State or the 
     United States in furtherance of a common scheme or purpose, 
     or who conspires to do so--
       ``(1) shall be fined under this title, imprisoned for not 
     more than 30 years, or both, for each murder; and
       ``(2) if death results, may be fined not more than $250,000 
     under this title, and shall be punished by death or 
     imprisoned for any term of years or for life for each murder.
       ``(b) Definition.--The term `State' means each of the 
     several States of the United States, the District of 
     Columbia, and any commonwealth, territory, or possession of 
     the United States.''.

     SEC. 202. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE 
                   OF PERSONS CHARGED WITH FIREARMS OFFENSES.

       Section 3142 of title 18, United States Code, is amended--
       (1) in subsection (e), in the matter following paragraph 
     (3)--
       (A) by inserting ``an offense under section 922(g)(1) where 
     the underlying conviction is a serious drug offense as 
     defined in section 924(e)(2)(A) of title 18, United States 
     Code, for which a period of not more than 10 years has 
     elapsed since the date of the conviction or the release of 
     the person from imprisonment, whichever is later, or is a 
     serious violent felony as defined in section 3559(c)(2)(F) of 
     title 18, United States Code,'' after ``that the person 
     committed''; and
       (B) by inserting ``or'' before ``the Maritime'';
       (2) in subsection (f)(1)--
       (A) in subparagraph (C), by striking ``or'' at the end; and
       (B) by adding at the end the following:
       ``(E) an offense under section 922(g); or''; and
       (3) in subsection (g), by amending paragraph (1) to read as 
     follows:
       ``(1) the nature and circumstances of the offense charged, 
     including whether the offense is a crime of violence, or 
     involves a drug, firearm, explosive, or destructive 
     devise;''.

     SEC. 203. VENUE IN CAPITAL CASES.

       Section 3235 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 3235. Venue in capital cases

       ``(a) The trial for any offense punishable by death shall 
     be held in the district where the offense was committed or in 
     any district in which the offense began, continued, or was 
     completed.
       ``(b) If the offense, or related conduct, under subsection 
     (a) involves activities which affect interstate or foreign 
     commerce, or the importation of an object or person into the 
     United States, such offense may be prosecuted in any district 
     in which those activities occurred.''.

     SEC. 204. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.

       (a) In General.--Chapter 214 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3297. Violent crime offenses

       ``Except as otherwise expressly provided by law, no person 
     shall be prosecuted, tried, or punished for any noncapital 
     felony, crime of violence (as defined in section 16), 
     including any racketeering activity or gang crime which 
     involves any violent crime, unless the indictment is found or 
     the information is instituted by the later of--
       ``(1) 10 years after the date on which the alleged 
     violation occurred;
       ``(2) 10 years after the date on which the continuing 
     offense was completed; or
       ``(3) 8 years after the date on which the alleged violation 
     was first discovered.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 214 of title 18, United States Code, is 
     amended by adding at the end the following:
``3296. Violent crime offenses.''.

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

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

     SEC. 206. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE 
                   BY WRONGDOING.

       Rule 804(b)(6) of the Federal Rules of Evidence is amended 
     to read as follows:
       ``(6) Forfeiture by wrongdoing. A statement offered against 
     a party that has engaged, acquiesced, or conspired, in 
     wrongdoing that was intended to, and did, procure

[[Page S480]]

     the unavailability of the declarant as a witness.''.

     SEC. 207. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A 
                   WITNESS.

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

     SEC. 208. AMENDMENT OF SENTENCING GUIDELINES RELATING TO 
                   CERTAIN GANG AND VIOLENT CRIMES.

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

     SEC. 209. INCREASED PENALTIES FOR CRIMINAL USE OF FIREARMS IN 
                   CRIMES OF VIOLENCE AND DRUG TRAFFICKING.

       (a) In General.--Section 924(c)(1)(A) of title 18, United 
     States Code, is amended--
       (1) by striking ``shall'' and inserting ``or conspires to 
     commit any of the above acts, shall, for each instance in 
     which the firearm is used, carried, or possessed'';
       (2) in clause (i), by striking ``5 years'' and inserting 
     ``7 years''; and
       (3) by striking clause (ii).
       (b) Conforming Amendments.--Section 924 of title 18, United 
     States Code, is amended--
       (1) in subsection (c), by striking paragraph (4); and
       (2) by striking subsection (o).

     SEC. 210. POSSESSION OF FIREARMS BY DANGEROUS FELONS.

       (a) In General.--Section 924(e) of title 18, United States 
     Code, is amended to read as follows:
       ``(e)(1) In the case of a person who violates section 
     922(g) of this title and has previously been convicted by any 
     court referred to in section 922(g)(1) for a violent felony 
     or a serious drug offense shall--
       ``(A) in the case of 1 such prior conviction, where a 
     period of not more than 10 years has elapsed since the date 
     of conviction or release of the person from imprisonment for 
     that conviction, be subject to imprisonment for not more than 
     15 years, a fine under this title, or both;
       ``(B) in the case of 2 such prior convictions, committed on 
     occasions different from one another, and where a period of 
     not more than 10 years has elapsed since the date of 
     conviction or release of the person from imprisonment for 
     that conviction, be subject to imprisonment for not more than 
     20 years, a fine under this title, or both; and
       ``(C) in the case of 3 such prior convictions, committed on 
     occasions different from one another, be subject to 
     imprisonment for not less than 15 years, a fine under this 
     title, or both, and notwithstanding any other provision of 
     law, the court shall not suspend the sentence of, or grant a 
     probationary sentence to, such person with respect to the 
     conviction under section 922(g).
       ``(2) As used in this subsection--
       ``(A) the term `serious drug offense' means--
       ``(i) an offense under the Controlled Substances Act (21 
     U.S.C. 801 et seq.), the Controlled Substances Import and 
     Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law 
     Enforcement Act (46 U.S.C. App. 1901 et seq.), punishable by 
     a maximum term of imprisonment of not less than 10 years; or
       ``(ii) an offense under State law, involving manufacturing, 
     distributing, or possessing with intent to manufacture or 
     distribute, a controlled substance (as defined in section 102 
     of the Controlled Substances Act (21 U.S.C. 802)), punishable 
     by a maximum term of imprisonment of not less than 10 years;
       ``(B) the term `violent felony' means any crime punishable 
     by a term of imprisonment exceeding 1 year, or any act of 
     juvenile delinquency involving the use or carrying of a 
     firearm, knife, or destructive device that would be 
     punishable by a maximum term of imprisonment for such term if 
     committed by an adult, that--
       ``(i) has, as an element of the crime or act, the use, 
     attempted use, or threatened use of physical force against 
     the person of another; or
       ``(ii) is burglary, arson, or extortion, involves the use 
     of explosives, or otherwise involves conduct that presents a 
     serious potential risk of physical injury to another; and
       ``(C) the term `conviction' includes a finding that a 
     person has committed an act of juvenile delinquency involving 
     a violent felony.''.
       (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 for an appropriate 
     increase in the offense level for violations of section 
     922(g) of title 18, United States Code, in accordance with 
     section 924(e) of such title 18, as amended by subsection 
     (a).

     SEC. 211. CONFORMING AMENDMENT.

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

         TITLE III--JUVENILE CRIME REFORM FOR VIOLENT OFFENDERS

     SEC. 301. TREATMENT OF FEDERAL JUVENILE OFFENDERS.

       (a) In General.--Section 5032 of title 18, United States 
     Code, is amended to read as follows:

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

       ``(a) Delinquency Proceedings in District Courts.--
       ``(1) In general.--A juvenile alleged to have committed an 
     act of juvenile delinquency, other than a violation of law 
     committed within the special maritime and territorial 
     jurisdiction of the United States for which the maximum 
     authorized term of imprisonment does not exceed 6 months, 
     shall not be proceeded against in any court of the United 
     States unless the Attorney General, after investigation, 
     certifies to the appropriate district court of the United 
     States that--
       ``(A) the juvenile court or other appropriate court of a 
     State does not have jurisdiction or refuses to assume 
     jurisdiction over that juvenile with respect to such alleged 
     act of juvenile delinquency;
       ``(B) the State does not have available programs and 
     services adequate for the needs of juveniles; or
       ``(C) the offense charged is a crime of violence that is a 
     felony or an offense described in section 401 of the 
     Controlled Substances Act (21 U.S.C. 841), section 1002(a), 
     1003, 1005, 1009, or 1010(b) (1), (2), or (3) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     952(a), 953, 955, 959, 960(b) (1), (2), (3)), section 922(x), 
     or section 924 (b), (g), or (h) of this title, and there is a 
     substantial Federal interest in the case or the offense to 
     warrant the exercise of Federal jurisdiction.
       ``(2) Failure to certify.--If the Attorney General does not 
     certify under paragraph (1), the juvenile shall be 
     surrendered to the appropriate legal authorities of such 
     State.
       ``(3) Federal proceedings.--If an alleged juvenile 
     delinquent is not surrendered to the authorities of a State 
     pursuant to this section, any proceedings against him shall 
     be in an appropriate district court of the United States. For 
     such purposes, the court may be convened at any time and 
     place within the district, in chambers or otherwise. The 
     Attorney General shall proceed by information or as 
     authorized under section 3401(g) of this title, and no 
     criminal prosecution shall be instituted for the alleged act 
     of juvenile delinquency except as provided below.
       ``(b) Transfer for Federal Criminal Prosecution.--
       ``(1) In general.--A juvenile who is alleged to have 
     committed an act of juvenile delinquency and who is not 
     surrendered to State authorities shall be proceeded against 
     under this chapter unless--
       ``(A) the juvenile has requested in writing upon advice of 
     counsel to be proceeded against as an adult;
       ``(B) with respect to a juvenile 15 years and older alleged 
     to have committed an act after his fifteenth birthday which 
     if committed by an adult would be a felony that is a crime of 
     violence or an offense described in section 401 of the 
     Controlled Substances Act (21 U.S.C. 841), or section 
     1002(a), 1005, or 1009 of the Controlled Substances Import 
     and Export Act (21 U.S.C. 952(a), 955, 959), or section 
     922(x) of this title, or in section 924 (b), (g), or (h) of 
     this title, the Attorney General makes a motion to transfer 
     the criminal prosecution on the basis of the alleged act in 
     the appropriate district court of the United States and the 
     court finds, after hearing, such transfer would be in the 
     interest of justice as provided in paragraph (2); or

[[Page S481]]

       ``(C) with respect to a juvenile 13 years and older alleged 
     to have committed an act after his thirteenth birthday which 
     if committed by an adult would be a felony that is the crime 
     of violence under section 113 (a), (b), (c), 1111, 1113, or, 
     if the juvenile possessed a firearm during the offense, an 
     offense under section 2111, 2113, 2241(a), or 2241(c), the 
     Attorney General makes a motion to transfer the criminal 
     prosecution on the basis of the alleged act in the 
     appropriate district court of the United States and the court 
     finds, after hearing, such transfer would be in the interest 
     of justice as provided in paragraph (2).

     Notwithstanding sections 1152 and 1153, no person subject to 
     the criminal jurisdiction of an Indian tribal government 
     shall be subject to subparagraph (C) for any offense the 
     Federal jurisdiction for which is predicated solely on Indian 
     country (as defined in section 1151), and which has occurred 
     within the boundaries of such Indian country, unless the 
     governing body of the tribe has elected that the preceding 
     sentence have effect over land and persons subject to its 
     criminal jurisdiction.
       ``(2) Factors.--
       ``(A) In general.--Evidence of the following factors shall 
     be considered, and findings with regard to each factor shall 
     be made in the record, in assessing whether a transfer under 
     subparagraph (B) or (C) of paragraph (1), and paragraph (4) 
     of subsection (d), would be in the interest of justice:
       ``(i) The age and social background of the juvenile.
       ``(ii) The nature of the alleged offense, including the 
     extent to which the juvenile played a leadership role in an 
     organization, or otherwise influenced other persons to take 
     part in criminal activities.
       ``(iii) Whether prosecution of the juvenile as an adult 
     would protect public safety.
       ``(iv) The extent and nature of the juvenile's prior 
     delinquency record.
       ``(v) The juvenile's present intellectual development and 
     psychological maturity.
       ``(vi) The nature of past treatment efforts and the 
     juvenile's response to such efforts.
       ``(vii) The availability of programs designed to treat the 
     juvenile's behavioral problems.
       ``(B) Nature of the offense.--In considering the nature of 
     the offense, as required by this paragraph, the court shall 
     consider the extent to which the juvenile played a leadership 
     role in an organization, or otherwise influenced other 
     persons to take part in criminal activities, involving the 
     use or distribution of controlled substances or firearms. 
     Such a factor, if found to exist, shall weigh in favor of a 
     transfer to adult status, but the absence of this factor 
     shall not preclude such a transfer.
       ``(C) Notice.--Reasonable notice of the transfer hearing 
     under subparagraph (B) or (C) of paragraph (1) shall be given 
     to the juvenile, the juvenile's parents, guardian, or 
     custodian and to the juvenile's counsel. The juvenile shall 
     be assisted by counsel during the transfer hearing, and at 
     every other critical stage of the proceedings.
       ``(c) Mandatory Transfer of Juvenile 16 or Older.--A 
     juvenile who is alleged to have committed an act on or after 
     his sixteenth birthday, which if committed by an adult would 
     be a felony offense, that has an element thereof the use, 
     attempted use, or threatened use of physical force against 
     the person of another, or that, by its very nature, involves 
     a substantial risk that physical force against the person of 
     another, may be used in committing the offense or would be an 
     offense described in section 32, 81, or 2275 or subsection 
     (d), (e), (f), (h), or (i) of section 844 of this title, 
     subsection (d) or (e) or subparagraphs (A), (B), (C), (D), or 
     (E) of subsection (b)(1) of section 401 of the Controlled 
     Substances Act, or section 1002(a), 1003, or 1009, or 
     paragraphs (1), (2), or (3) of section 1010(b) of the 
     Controlled Substances Import and Export Act (21 U.S.C. 
     952(a), 953, 959, 960(b) (1), (2), and (3)), and who has 
     previously been found guilty of an act which if committed by 
     an adult would have been one of the offenses set forth in 
     this subsection or subsection (b), or an offense in violation 
     of a State felony statute that would have been such an 
     offense if a circumstance giving rise to Federal jurisdiction 
     had existed, shall be transferred, upon notification by the 
     United States, to the appropriate district court of the 
     United States for criminal prosecution.
       ``(d) Sixteen and Seventeen Year Olds Charged With the Most 
     Serious Violent Felonies.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, a juvenile may be prosecuted as an adult if the juvenile 
     is alleged to have committed, conspired, solicited or 
     attempted to commit, on or after the day the juvenile attains 
     the age of 16 any offense involving--
       ``(A) murder;
       ``(B) manslaughter;
       ``(C) assault with intent to commit murder;
       ``(D) sexual assault (which means any offense that involves 
     conduct that would violate chapter 109A if the conduct 
     occurred in the special maritime and territorial 
     jurisdiction);
       ``(E) robbery (as described in section 2111, 2113, or 
     2118);
       ``(F) carjacking with a dangerous weapon;
       ``(G) extortion;
       ``(H) arson;
       ``(I) firearms use;
       ``(J) firearms possession (as described in section 924(c);
       ``(K) drive-by shooting;
       ``(L) kidnapping;
       ``(M) maiming;
       ``(N) assault resulting in serious bodily injury; or
       ``(O) obstruction of justice (as described in 1512(a)(1)) 
     on or after the day the juvenile attains the age of 16.
       ``(2) Other offenses.--In a prosecution under this 
     subsection the juvenile may be prosecuted and convicted as an 
     adult for any other offense which is properly joined under 
     the Federal Rules of Criminal Procedure, and may also be 
     convicted as an adult of a lesser included offense.
       ``(3) Reviewability.--Except as otherwise provided by this 
     subsection, a determination to approve or not to approve, or 
     to institute or not to institute, a prosecution under this 
     subsection shall not be reviewable in any court.
       ``(4) Prosecution.--(A) In any prosecution of a juvenile 
     under this subsection, upon motion of the defendant, the 
     court in which the criminal charges have been filed shall 
     after a hearing determine whether to issue an order that the 
     defendant should be transferred to juvenile status.
       ``(B) A motion by a defendant under this paragraph shall 
     not be considered unless filed no later than 30 days after 
     the date on which the defendant initially appears through 
     counsel or expressly waives the right to counsel and elects 
     to proceed pro se.
       ``(C) The court shall not order the transfer of a defendant 
     to juvenile status under this paragraph unless the defendant 
     establishes by clear and convincing evidence that removal to 
     juvenile status would be in the interest of justice. In 
     making a determination under this paragraph, the court shall 
     consider the factors specified in subsection (b)(2) of this 
     section.
       ``(5) Order.--An order of the court made in ruling on a 
     motion by a defendant to transfer a defendant to juvenile 
     status under this subsection shall not be a final order for 
     the purpose of enabling an appeal, except that an appeal by 
     the United States shall lie to a court of appeals pursuant to 
     section 3731 of this title from an order of a district court 
     removing a defendant to juvenile status. Upon receipt of a 
     notice of appeal of an order under this paragraph, a court of 
     appeals shall hear and determine the appeal on an expedited 
     basis. The court of appeals shall give due regard to the 
     opportunity of the district court to judge the credibility of 
     the witnesses, and shall accept the findings of fact of the 
     district court unless they are clearly erroneous, and the 
     court of appeals shall review de novo the district court's 
     application of the law to the facts.
       ``(e) Sixteen and Seventeen Year Olds Charged With Other 
     Serious Violent Felonies.--
       ``(1) In general.--Except as provided by subsection (d), a 
     juvenile may be prosecuted as an adult if the juvenile is 
     alleged to have committed an act on or after the day the 
     juvenile attains the age of 16 which is committed by an adult 
     would be a serious violent felony as described in paragraphs 
     (2) and (3) of section 3559(a).
       ``(2) Other offenses.--In a prosecution under this 
     subsection the juvenile may be prosecuted and convicted as an 
     adult for any other offense which is properly joined under 
     the Federal Rules of Criminal Procedure, and may also be 
     convicted as an adult of a lesser included offense.
       ``(3) Reviewability.--Except as otherwise provided by this 
     subsection, a determination to approve or not to approve, or 
     to institute or not to institute, a prosecution under this 
     subsection shall not be reviewable in any court.
       ``(4) Prosecution.--(A) In any prosecution of a juvenile 
     under this subsection, upon motion of the defendant, the 
     court in which the criminal charges have been filed shall 
     after a hearing determine whether to issue an order that the 
     defendant should be transferred to juvenile status.
       ``(B) A motion by a defendant under this paragraph shall 
     not be considered unless filed no later than 30 days after 
     the date on which the defendant initially appears through 
     counsel or expressly waives the right to counsel and elects 
     to proceed pro se.
       ``(C) The court shall not order the transfer of a defendant 
     to juvenile status under this paragraph unless the defendant 
     establishes by clear and convincing evidence that removal to 
     juvenile status would be in the interest of justice. In 
     making a determination under this paragraph, the court shall 
     consider the factors specified in subsection (b)(2) of this 
     section.
       ``(5) Order.--An order of the court made in ruling on a 
     motion by a defendant to transfer a defendant to juvenile 
     status under this subsection shall be a final order for the 
     purpose of enabling an appeal. Upon receipt of a notice of 
     appeal of an order under this paragraph, a court of appeals 
     shall hear and determine the appeal on an expedited basis. 
     The court of appeals shall give due regard to the opportunity 
     of the district court to judge the credibility of the 
     witnesses, and shall accept the findings of fact of the 
     district court unless they are clearly erroneous, and the 
     court of appeals shall review de novo the district court's 
     application of the law to the facts.
       ``(f) Proceedings.--
       ``(1) Subsequent proceeding barred.--Once a juvenile has 
     entered a plea of guilty or the proceeding has reached the 
     stage that evidence has begun to be taken with respect

[[Page S482]]

     to a crime or an alleged act of juvenile delinquency 
     subsequent criminal prosecution or juvenile proceedings based 
     upon such alleged act of delinquency shall be barred.
       ``(2) Statements.--Statements made by a juvenile prior to 
     or during a transfer hearing under this section shall not be 
     admissible at subsequent criminal prosecutions except for 
     impeachment purposes or in a prosecution for perjury or 
     making a false statement.
       ``(3) Further proceedings.--Whenever a juvenile transferred 
     to district court under subsection (b) or (c) is not 
     convicted of the crime upon which the transfer was based or 
     another crime which would have warranted transfer had the 
     juvenile been initially charged with that crime, further 
     proceedings concerning the juvenile shall be conducted 
     pursuant to the provisions of this chapter.
       ``(4) Receipt of records.--A juvenile shall not be 
     transferred to adult prosecution under subsection (b) nor 
     shall a hearing be held under section 5037 (disposition after 
     a finding of juvenile delinquency) until any prior juvenile 
     court records of such juvenile have been received by the 
     court, or the clerk of the juvenile court has certified in 
     writing that the juvenile has no prior record, or that the 
     juvenile's record is unavailable and why it is unavailable.
       ``(5) Specific acts described.--Whenever a juvenile is 
     adjudged delinquent pursuant to the provisions of this 
     chapter, the specific acts which the juvenile has been found 
     to have committed shall be described as part of the official 
     record of the proceedings and part of the juvenile's official 
     record.
       ``(g) State.--For purposes of this section, the term 
     `State' includes a State of the United States, the District 
     of Columbia, and any commonwealth, territory, or possession 
     of the United States.''.
       (b) Conforming Amendment.--The analysis for chapter 403 of 
     title 18, United States Code, is amended by striking the item 
     relating to section 5032 and inserting the following:
``5032. Delinquency proceedings in district courts; juveniles tried as 
              adults; transfer for criminal prosecution.''.

     SEC. 302. NOTIFICATION AFTER ARREST.

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

     SEC. 303. RELEASE AND DETENTION PRIOR TO DISPOSITION.

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

     SEC. 304. SPEEDY TRIAL.

       Section 5036 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 5036. Speedy trial

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

     SEC. 305. FEDERAL SENTENCING GUIDELINES.

       (a) Application of Guidelines to Certain Juvenile 
     Defendants.--Section 994(h) of title 28, United States Code, 
     is amended by inserting ``, or in which the defendant is a 
     juvenile who is tried as an adult,'' after ``old or older''.
       (b) Guidelines for Juvenile Cases.--Section 994 of title 
     28, United States Code, is amended by adding at the end the 
     following:
       ``(z) Guidelines for Juvenile Cases.--Not later than May 1, 
     2006, the Commission, pursuant to its rules and regulations 
     and consistent with all pertinent provisions of any Federal 
     statute, shall promulgate and distribute, to all courts of 
     the United States and to the United States Probation System, 
     guidelines, as described in this section, for use by a 
     sentencing court in determining the sentence to be imposed in 
     a criminal case if the defendant committed the offense as a 
     juvenile, and is tried as an adult pursuant to section 5032 
     of title 18.''.

  Mr. HATCH. Mr. President, I rise today to introduce with my 
colleagues, Senators Feinstein, Grassley, Kyl, and Cornyn, a 
comprehensive bipartisan bill to increase gang prosecution and 
prevention efforts. The bill I introduce today is identical to S. 1735 
that was favorably reported by the Senate Judiciary Committee in the 
108th Congress.
  This legislation, ``The Gang Prevention and Effective Deterrence Act 
of 2005,'' authorizes approximately $650 million over the next five 
years to support law enforcement and efforts to prevent youngsters from 
joining gangs. Of that, $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 increases funding for the Federal prosecutors and 
Federal Bureau of Investigation (FBI) agents needed to conduct 
coordinated enforcement efforts against violent gangs.
  This bill also creates new criminal gang prosecution offenses, 
enhances existing gang and violent crime penalties to deter and punish 
illegal street gangs, enacts violent crime reforms needed to prosecute 
effectively gang members, and implements 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.
  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. Gangs in Salt Lake County result in significant measure 
from the influence of gangs existing in Los Angeles and Chicago, but 
with local mutations.
  Constituents frequently mention to me their extreme concern about 
gang violence in Utah. 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 Utah 
with over 3,500 members. In Utah, there are street gangs that are 
ethnically oriented, such as Hispanic gangs, as well as those 
affiliated with gangs from other cities, such as the Crips and Bloods, 
Folks and People, motorcycle gangs, Straight Edge gangs, Animal 
Liberation Front, Skinheads, Varrio Loco Town, Oquirrh Shadow Boys, 
Salt Lake Posse, and the list goes on. Some of these gangs are racist; 
some are extremist.
  And what I find particularly troubling is that over one-third of the 
total gang membership is made up of juveniles. Thus, these crimes have 
a particular impact on youths.
  Gangs now resemble organized crime syndicates which 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 cross fire of 
gangland shootings, and family members crying out in grief as they lose 
loved ones to the gang wars plaguing our communities.

[[Page S483]]

  Recent studies confirm 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.
  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 the community. In Salt Lake City, the Metro Gang 
Multi-Jurisdiction Task Force stands out as a critical player in 
fighting gang violence in Salt Lake City. We need to reassure 
outstanding organizations like this that there will be adequate 
resources available to expand and fund these critical task force 
operations to fight gang violence.
  In my study of this problem, it has become clear that the government 
needs to work with communities to meet this problem head-on and 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.
  In closing, I want to commend my colleagues--Senators Feinstein, 
Grassley, Kyl and Cornyn. They have worked very closely with me as we 
considered these issues last Congress and I look forward to working 
with them and others as we proceed this year. I urge my colleagues to 
join with us in promptly passing this important legislation.
                                 ______