[House Report 109-76]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-76

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PROVIDING FOR CONSIDERATION OF H.R. 1279, GANG DETERRENCE AND COMMUNITY 
                         PROTECTION ACT OF 2005

                                _______
                                

May 10, 2005.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Mr. Gingrey, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 268]

    The Committee on Rules, having had under consideration 
House Resolution 268, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1279, the 
Gang Deterrence and Community Protection Act of 2005, under a 
structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on the Judiciary. The rule 
waives all points of order against consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now 
printed in the bill shall be considered as an original bill for 
the purpose of amendment.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for a division 
of the question in the House or in the Committee of the Whole. 
The rule waives all points of order against the amendments 
printed in this report. The rule provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
consideration of the bill. The waiver of all points of order 
against consideration of the bill is prophylactic in nature.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 50

    Date: May 10, 2005.
    Measure: H.R. 1279, Gang Deterrence and Community 
Protection Act of 2005.
    Motion by: Ms. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Capuano, 
which reauthorizes the Community Oriented Policing Services 
(COPS) program for FY2006-FY2008.
    Results: Defeated 3 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Bishop--Nay; Gingrey--
Nay; Slaughter--Yea; McGovern--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 51

    Date: May 10, 2005.
    Measure: H.R. 1279, Gang Deterrence and Community 
Protection Act of 2005.
    Motion by: Ms. Matsui.
    Summay of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Schiff, 
which authorizes the expansion and enhancement of law 
enforcement and community-based prevention and intervention 
programs targeting criminal street gangs, gang members, and at-
risk youth.
    Results: Defeated 3 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Bishop--Nay; Gingrey--
Nay; Slaughter--Yea; McGovern--Yea; Matsui--Yea; Dreier--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by the 
amendment sponsor.)
    1. Sensenbrenner: Manager's Amendment. Excludes property 
crimes from crime of violence definition for Gang Crimes under 
revised 18 U.S.C. 521 Gang Crime; Replaces current text with 
revised changes to existing 18 U.S.C. 1952, Interstate and 
Foreign Travel in Aid of Racketeering Enterprises, to retain 
existing interstate commerce requirement, to add conspiracies 
as possible violation, and to increase penalties for 
violations; Inserts existing statute text which was 
inadvertently omitted from introduced and reported versions of 
H.R. 1279; modifies crime of violence definition under 18 
U.S.C. 16(b) to clarify that act, by its nature, creates 
substantial risk that physical injury may result to person or 
property of another; clarifies exception to ban on possession 
of handguns by juveniles under 18 U.S.C. 922(x) to permit 
juvenile to possess firearm while in the presence of parent or 
guardian who is not prohibited from possessing such a firearm 
by Federal, State or local law, and does not require that 
juvenile have written authorization from such parent or 
guardian; includes other technical and grammatical changes. (10 
minutes)
    2. Cuellar: Establishes a National Gang Intelligence Center 
at the Federal Bureau of Investigation. Also adds $10 million 
in authorization for the National Gang Intelligence Center, 
which mirrors the $10 million appropriation given for FY 2005. 
(10 minutes)
    3. Johnson E.B.: Establishes funding for regional databases 
that track gang activity in high intensity gang areas. (10 
minutes)
    4. Watson: Requires the Attorney General to seek input from 
local elected officials before designating an area as a ``High-
Intensity Interstate Gang Activity Area.'' (10 minutes)
    5. Watson: Adds 100 new inspectors and 100 new agents from 
the Bureau of Alcohol, Tobacco, Firearms and Explosives. New 
inspectors and agents would be assigned to the new High-
Intensity Interstate Gang Activity Areas. (10 minutes)
    6. Wynn: Authorizes the Attorney General to conduct a media 
campaign about the changes in penalties. (10 minutes)
    7. Goodlatte: Adds 5 years to any sentence for violent 
crimes or drug trafficking offenses when the violator is an 
illegal alien. Also adds 15 years to any such sentence if the 
illegal alien has been previously deported on the grounds of a 
criminal offense and has re-entered the country. Requires the 
Department of Homeland Security to send all the names of 
individuals who are subject to deportation orders or who have 
signed voluntary deportation papers to the National Crime 
Information Center (NCIC). (20 minutes)
    8. Norwood: Requires DHS to provide to the National Crime 
Information Center of the Department of Justice information on 
three categories of illegal aliens: those with a final order of 
removal, those who have signed a voluntary departure agreement, 
and those who have overstayed their visa. (10 minutes)
    9. Norwood: Requires a study to be conducted by the 
Department of Justice and the Department of Homeland Security 
on the link of illegal aliens and gang membership. (10 minutes)
    10. Waters/Scott (VA): Strikes all sections of the bill 
that sets mandatory minimum sentences (sections 102, 103, 104, 
105, 106 and 107). (20 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER


   1. An Amendment To Be Offered by Representative Sensenbrenner of 
       Wisconsin, or His Designee, To Be Debatable for 10 Minutes

  Page 4, lines 13 through 14, strike ``under subparagraphs 
(A), (B), or (C)'' and insert ``under subparagraph (A), (B), or 
(C)''.
  Page 4, line 23, insert ``(other than a crime of violence 
against the property of another)'' before the period.
  Page 7, line 10 through the matter after line 2, page 9, 
strike section 102 and insert the following:

SEC. 102. INCREASED PENALTIES FOR INTERSTATE AND FOREIGN TRAVEL OR 
                    TRANSPORTATION IN AID OF RACKETEERING.

  Section 1952 of title 18, United States Code, is amended--
          (1) in subsection (a), by striking ``perform'' and 
        all that follows through the end of the subsection and 
        inserting ``perform an act described in paragraph (1), 
        (2), or (3), or conspires to do so, shall be punished 
        as provided in subsection (d).''; and
          (2) by adding at the end following:
  ``(d) The punishment for an offense under subsection (a) is--
          ``(1) in the case of a violation of paragraph (1) or 
        (3), a fine under this title and imprisonment for not 
        less than 5 nor more than 20 years; and
          ``(2) in the case of a violation of paragraph (2), a 
        fine under this title and imprisonment for not less 
        than 10 nor more than 30 years, but if death results 
        the offender shall be sentenced to death, or to 
        imprisonment for any term of years or for life.''.
  Page 9, line 24, strike ``drug trafficking crime,'' and 
insert ``drug trafficking crime (as defined in subsection 
(c)(2)),''.
  Page 11, line 11, strike ``this title'' and insert ``this 
title--''.
  Page 12, line 10, insert ``, as consideration for the receipt 
of, or as consideration for a promise or agreement to pay, 
anything of pecuniary value from an enterprise engaged in 
racketeering activity, or'' after ``crime of violence''.
  Page 13, line 8, strike ``following: --'' and insert 
``following:''.
  Page 15, line 7, strike ``423,'' and insert ``423''.
  Page 16, line 1, strike ``is assault resulting''.
  Page 19, line 8, strike ``force may be used against'' and 
insert ``injury may result to''.
  Page 19, line 10, strike ``subparagraphs (A), (B), or (C)'' 
and insert ``subparagraph (A), (B), or (C)''.
  Page 20, after line 17, insert the following new subsection 
and redesignate the succeeding subsection accordingly:
  (b) Clarification of Ban on Possession of Handguns by 
Juveniles.--Section 922(x)(3) of title 18, United States Code, 
is amended--
          (1) by striking ``or'' at the end of subparagraph 
        (C);
          (2) by striking the period at the end of subparagraph 
        (D) and inserting ``; or''; and
          (3) by adding at the end the following:
                  ``(E) the possession of a handgun or 
                ammunition by a juvenile, while in the presence 
                of a parent or guardian of the juvenile, if 
                such parent or guardian, as the case may be, is 
                not prohibited by Federal, State, or local law 
                from possessing a firearm. ''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Cuellar of Texas, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 26, after line 2, insert the following (and redesignate 
succeeding subsections accordingly):
  (c) National Gang Intelligence Center.--
          (1) Establishment.--The Attorney General shall 
        establish a National Gang Intelligence Center to be 
        housed at and administered by the Federal Bureau of 
        Investigation to collect, analyze, and disseminate gang 
        activity information from--
                  (A) the Federal Bureau of Investigation;
                  (B) the Bureau of Alcohol, Tobacco, Firearms, 
                and Explosives;
                  (C) the Drug Enforcement Administration;
                  (D) the Bureau of Prisons;
                  (E) the United States Marshals Service;
                  (F) the Directorate of Border and 
                Transportation Security of the Department of 
                Homeland Security;
                  (G) the Department of Housing and Urban 
                Development;
                  (H) State and local law enforcement;
                  (I) Federal, State, and local prosecutors;
                  (J) Federal, State, and local probation and 
                parole offices; and
                  (K) Federal, State, and local prisons and 
                jails.
          (2) Information.--The Center established under 
        paragraph (1) shall make available the information 
        referred to in paragraph (1) to--
                  (A) Federal, State, and local law enforcement 
                agencies;
                  (B) Federal, State, and local corrections 
                agencies and penal institutions; and
                  (C) Federal, State, and local prosecutorial 
                agencies.
          (3) Annual report.--The Center established under 
        paragraph (1) shall annually submit to Congress a 
        report on gang activity.
  Page 26, line 10, strike ``$50,000,000'' and insert 
``$60,000,000''.
                              ----------                              


3. An Amendment To Be Offered by Representative E.B. Johnson of Texas, 
            or Her Designee, To Be Debatable for 10 Minutes

  Page 26, after line 2, insert the following new subsection 
(and redesignate succeeding subsections accordingly):
  (c) National and Regional Gang Activity Databases.--
          (1) Databases required.--From amounts made available 
        to carry out this section, the Attorney General shall 
        establish--
                  (A) for each high intensity interstate gang 
                activity area, a regional gang activity 
                database; and
                  (B) a national gang activity database that 
                replicates the information in the regional 
                databases.
          (2) Description.--Each regional gang activity 
        database required by paragraph (1) shall--
                  (A) be designed to disseminate gang 
                information to law enforcement agencies 
                throughout the region;
                  (B) contain critical information on gangs, 
                gang members, firearms, criminal activities, 
                vehicles, and other information useful for 
                investigators in solving gang-related crimes; 
                and
                  (C) operate in a manner that enables law 
                enforcement agencies to--
                          (i) identify gang members involved in 
                        crimes;
                          (ii) track the movement of gangs and 
                        members throughout the region;
                          (iii) coordinate police response to 
                        gang violence;
                          (iv) enhance officer safety;
                          (v) provide realistic, up to date 
                        figures and statistical data on gang 
                        crime and violence;
                          (vi) forecast trends and respond 
                        accordingly; and
                          (vii) more easily solve crimes and 
                        prevent violence.
                              ----------                              


 4. An Amendment To Be Offered by Representative Watson of California, 
            or Her Designee, To Be Debatable for 10 Minutes

  Page 26, after line 2, insert the following:
          (5) Consultation required.--The Attorney General may 
        not designate a high intensity interstate gang activity 
        area without first consulting with and receiving 
        comment from local elected officials representing 
        communities within the State of proposed designation.
                              ----------                              


 5. An Amendment To Be Offered by Representative Watson of California, 
            or Her Designee, To Be Debatable for 10 Minutes

  Page 26, after line 7, insert the following:
  (d) Additional BATFE Inspectors and Agents.--The Attorney 
General, acting through the Director of the Bureau of Alcohol, 
Tobacco, Firearms, and Explosives, is authorized to hire 100 
additional inspectors and 100 additional agents for the Bureau. 
Each inspector and agent hired under this subsection shall be 
assigned to a high intensity interstate gang activity area, for 
the purpose of assisting local law enforcement agencies to 
provide more accurate and complete reports to the Bureau of 
weapons used by gangs in the area.
  Page 26, line 8, strike ``(d)'' and insert ``(e)''.
  Page 26, line 11, strike ``and''.
  Page 26, line 13, strike the period and insert ``; and''.
  Page 26, after line 13, insert the following:
          (3) $20,000,000 for each of the fiscal years 2006 
        through 2010 to carry out subsection (d).
                              ----------                              


 6. An Amendment To Be Offered by Representative Wynn of Maryland, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 22, after line 3, insert the following:

SEC. 116. PUBLICITY CAMPAIGN ABOUT NEW CRIMINAL PENALTIES.

  The Attorney General is authorized to conduct media campaigns 
in those areas designated as high intensity interstate gang 
activity areas and those areas with existing and emerging 
problems with gangs, as needed, to educate individuals there 
about the changes in criminal penalties made by this Act, and 
to report to the Committee on the Judiciary of the House of 
Representatives the amount of expenditures and all other 
aspects of the media campaign.
                              ----------                              


7. An Amendment To Be Offered by Representative Goodlatte of Virginia, 
            or His Designee, To Be Debatable for 20 Minutes

  Page 22, after line 3, insert the following:

SEC. 116. CRIMES OF VIOLENCE AND DRUG CRIMES COMMITTED BY ILLEGAL 
                    ALIENS.

  (a) Offenses.--Title 18, United States Code, is amended by 
inserting after chapter 51 the following new chapter:

                      ``CHAPTER 52--ILLEGAL ALIENS

``Sec.
``1131. Enhanced penalties for certain crimes committed by illegal 
          aliens.

``Sec. 1131. Enhanced penalties for certain crimes committed by illegal 
                    aliens

  ``Whoever, being an alien who is unlawfully present in the 
United States, commits, conspires or attempts to commit, a 
crime of violence (as defined in section 16) or a drug 
trafficking offense (as defined in section 924), shall be fined 
under this title and sentenced to not less than 5 years in 
prison. If the defendant was previously ordered removed under 
the Immigration and Nationality Act on the grounds of having 
committed a crime, the defendant shall be sentenced to not less 
than 15 years in prison. A sentence of imprisonment imposed 
under this section shall run consecutively to any other 
sentence of imprisonment imposed for any other crime.''.
  (b) Clerical Amendment.--The table of chapters at the 
beginning of part I of title 18, United States Code, is amended 
by inserting after the item relating to chapter 51 the 
following new item:

``52. Illegal aliens.............................................1131''.

SEC. 117. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
                    INFORMATION CENTER DATABASE.

  (a) Provision of Information to the NCIC.--Not later than 180 
days after the date of enactment of this Act, the Under 
Secretary for Border and Transportation Security of the 
Department of Homeland Security shall provide the National 
Crime Information Center of the Department of Justice with such 
information as the Director may have on any and all aliens 
against whom a final order of removal has been issued, and any 
and all aliens who have signed a voluntary departure agreement. 
Such information shall be provided to the National Crime 
Information Center regardless of whether or not the alien 
received notice of a final order of removal and even if the 
alien has already been removed.
  (b) Inclusion of Information in the NCIC Database.--Section 
534(a) of title 28, United States Code, is amended--
          (1) in paragraph (3), by striking ``and'' at the end;
          (2) by redesignating paragraph (4) as paragraph (5); 
        and
          (3) by inserting after paragraph (3) the following:
          ``(4) acquire, collect, classify, and preserve 
        records of violations of the immigration laws of the 
        United States, regardless of whether or not the alien 
        has received notice of the violation and even if the 
        alien has already been removed; and''.
                              ----------                              


8. An Amendment To Be Offered by Representative Norwood of Georgia, or 
              His Designee, To Be Debatable for 10 Minutes

    Page 22, line 3, insert the following:

SEC. 116. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
                    INFORMATION CENTER DATABASE.

  (a) Provision of Information to the NCIC.--Not later than 180 
days after the date of enactment of this Act, the Under 
Secretary for Border and Transportation Security of the 
Department of Homeland Security shall provide the National 
Crime Information Center of the Department of Justice with such 
information as the Director may have on any and all aliens 
against whom a final order of removal has been issued, any and 
all aliens who have signed a voluntary departure agreement, and 
any and all aliens who have overstayed their visa. Such 
information shall be provided to the National Crime Information 
Center regardless of whether or not the alien received notice 
of a final order of removal and even if the alien has already 
been removed.
  (b) Inclusion of Information in the NCIC Database.--Section 
534(a) of title 28, United States Code, is amended--
          (1) in paragraph (3), by striking ``and'' at the end;
          (2) by redesignating paragraph (4) as paragraph (5); 
        and
          (3) by inserting after paragraph (3) the following:
          ``(4) acquire, collect, classify, and preserve 
        records of violations of the immigration laws of the 
        United States, regardless of whether or not the alien 
        has received notice of the violation and even if the 
        alien has already been removed; and''.
                              ----------                              


9. An Amendment To Be Offered by Representative Norwood of Georgia, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 22, after line 3, insert the following:

SEC. 116. STUDY.

  The Attorney General and the Secretary of Homeland Security 
shall jointly conduct a study on the connection between illegal 
immigration and gang membership and activity, including how 
many of those arrested nationwide for gang membership and 
violence are aliens illegally present in the United States. The 
Attorney General and the Secretary shall report the results of 
that study to Congress not later than one year after the date 
of the enactment of this Act.
                              ----------                              


10. An Amendment To Be Offered by Representative Waters of California, 
            or Her Designee, To Be Debatable for 20 Minutes

  Strike section 102.
  Strike section 103.
  Strike section 104.
  Strike section 105.
  Strike section 106.
  Strike section 107.

                                  
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