[Congressional Record Volume 162, Number 99 (Tuesday, June 21, 2016)]
[Senate]
[Page S4423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4833. Mr. KIRK submitted an amendment intended to be proposed to 
amendment SA 4685 proposed by Mr. Shelby (for himself and Ms. Mikulski) 
to the bill H.R. 2578, making appropriations for the Departments of 
Commerce and Justice, Science, and Related Agencies for the fiscal year 
ending September 30, 2016, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place in title V, insert the following:

     SEC. 5__. CRIMINAL STREET GANG RICO PROSECUTION ACT.

       Section 1961 of title 18, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``(a)'' before ``As used'';
       (2) in paragraph (4), by inserting ``any criminal street 
     gang,'' after ``other legal entity,'';
       (3) in paragraph (9), by striking ``and'' at the end;
       (4) in paragraph (10), by striking the period at the end 
     and inserting a semicolon; and
       (5) by inserting after paragraph (10) the following:
       ``(11) `criminal street gang'--
       ``(A) means any organization, association, or group of 3 or 
     more individuals associated in fact, whether formal or 
     informal, that engages in criminal gang activity; and
       ``(B) does not include 3 or more individuals, associated in 
     fact, whether formal or informal, who are not engaged in 
     criminal gang activity; and
       ``(12) `criminal gang activity' means the commission, 
     attempted commission, conspiracy to commit, or solicitation, 
     coercion, or intimidation of another person to commit a 
     racketeering activity.''; and
       (6) by adding at the end the following:
       ``(b) For purposes of this chapter, the existence of a 
     criminal street gang may be established by 1 or more 
     identifying characteristics, including--
       ``(1) evidence of a common name or common identifying 
     signs, symbols, tattoos, graffiti, attire, aliases, 
     nicknames, or social media posts; and
       ``(2) other distinguishing characteristics, including, 
     common activities, rules, codes, customs, or behaviors.''.
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