I 

109TH CONGRESS 

2D SESSION H. R. 5291 

To require the Attorney General to develop a national strategy to eliminate 

the illegal operations of the top three international drug gangs that 

present the greatest threat to law and order in the United States. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2006 

Mr. REICHERT (for himself and Mr. KIRK) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To require the Attorney General to develop a national strategy to eliminate the illegal operations of the top three 

international drug gangs that present the greatest threat 

to law and order in the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gang Elimination Act 

5 of 2006’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) The number of documented members of 

2 gangs located in the United States has grown to 

3 over 800,000. This number is larger than all but six 

4 armies in the world. 

5 (2) Gangs run by international drug cartels 

6 represent a clear and present danger to the national 

7 security of the United States. 

8 (3) Drug gangs have become one of the prin9 ciple means of importing and distributing illegal nar10 cotics in the United States. 

11 (4) Drug gangs are now operating within sub12 urban communities. Some police departments and 

13 some sheriffs’ offices located in such communities 

14 are less prepared than police departments and sher15 iffs’ offices located in urban communities to reduce 

16 this threat. 

17 (5) The average recruit into a gang is in the 

18 seventh grade. 

19 (6) Gangs run by international drug cartels 

20 now number in the hundreds of thousands, across 

21 city, State, and national boundaries. 

22 (7) Current efforts by municipal and State law 

23 enforcement communities have not eliminated this 

24 threat to the Nation, law and order, or to children. 


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1 (8) Only the Federal Government can muster 

2 the strategy, resources, and intelligence to remove 

3 this growing danger to the people in the United 

4 States. 

5 SEC. 3. NATIONAL STRATEGY TO ELIMINATE THE ILLEGAL 

6 OPERATIONS OF THE THREE INTER7 NATIONAL DRUG GANGS THAT PRESENT THE 

8 BIGGEST THREAT IN THE UNITED STATES. 

9 (a) IN GENERAL.—Not later than one year after the 

10 date of the enactment of this Act, the Attorney General, 

11 in consultation with the Secretary of Homeland Security, 

12 shall submit to Congress a report, in both classified and 

13 unclassified form, setting forth a national strategy to 

14 eliminate within the period that is four years after the 

15 date of such submission the illegal operations of each Na16 tional Threat Drug Gang designated under subsection (b). 

17 In addition to such strategy, the report shall include the 

18 following information: 

19 (1) A list identifying each of such National 

20 Threat Drug Gangs. 

21 (2) A description of the composition, oper22 ations, strengths, and weaknesses of each of such 

23 National Threat Drug Gangs. 

24 (b) DESIGNATION OF NATIONAL THREAT DRUG

25 GANGS.—In developing the national strategy under subVerDate Aug 31 2005 18:28 May 07, 2006 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5291.IH H5291

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1 section (a), the Attorney General shall identify the top 

2 three international drug gangs that present the greatest 

3 threat to law and order in the United States and shall 

4 designate each such gang as a ‘‘National Threat Drug 

5 Gang’’. For purposes of identifying such gangs, the Attor6 ney General shall consider— 

7 (1) the extent to which, for the purpose of com8 mitting a drug-related offense, the gang conducts ac9 tivities with any international terrorist organization 

10 or state designated by the Secretary of State as a 

11 state sponsor of terrorism, as compared to the ex12 tent to which other international drug gangs conduct 

13 such activities for such purpose; 

14 (2) the volume of controlled substances (as de15 fined in section 102 of the Controlled Substance Act 

16 (21 U.S.C. 802)) that such gang imports to or dis17 tributes within the United States, as compared to 

18 the volume of controlled substances that other inter19 national drug gangs import to or distribute within 

20 the United States; and 

21 (3) the extent to which the gang is a threat to 

22 children and schools within the United States, as 

23 compared to the extent to which other international 

24 drug gangs are such a threat. 

25 (c) DEFINITIONS.—For purposes of this Act: 


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1 (1) DRUG GANG.—The term ‘‘drug gang’’ 

2 means an ongoing group, club, organization, or asso3 ciation of 50 or more individuals— 

4 (A) that has as one of its primary pur5 poses the commission of one or more drug-re6 lated offenses; 

7 (B) the members of which engage, or have 

8 engaged within the past five years, in a con9 tinuing series of drug-related offenses; and 

10 (C) the activities of which— 

11 (i) include crimes of violence, as de12 fined in section 16 of title 18, United 

13 States Code (including rape); and 

14 (ii) affect interstate or foreign com15 merce. 

16 (2) DRUG-RELATED OFFENSE.—The term 

17 ‘‘drug-related offense’’ means— 

18 (A) a Federal felony involving a controlled 

19 substance (as defined in section 102 of the Con20 trolled Substances Act (21 U.S.C. 802)) for 

21 which the maximum penalty is not less than 5 

22 years, including a crime involving the manufac23 turing, importing, distributing, dispensing, or 

24 possessing with the intent to manufacture, disVerDate Aug 31 2005 18:28 May 07, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5291.IH H5291

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1 tribute, or dispense such a controlled substance; 

2 and 

3 (B) a conspiracy to commit an offense de4 scribed in subparagraph (A). 

5 (3) INTERNATIONAL DRUG GANG.—The term 

6 ‘‘international drug gang’’ means a drug gang 

7 that— 

8 (A) conducts activities that affect foreign 

9 commerce; or 

10 (B) conspires with another drug gang that 

11 conducts activities that affect foreign com12 merce. 

Æ 


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