IB 

Union Calendar No. 35

109TH CONGRESS 

1ST SESSION H. R. 1279

[Report No. 109–74] 

To amend title 18, United States Code, to reduce violent gang crime and 

protect law-abiding citizens and communities from violent criminals, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2005

Mr. FORBES (for himself, Mr. WOLF, Mr. GOODLATTE, Mr. GOODE, Mrs. JO

ANN DAVIS of Virginia, Mrs. DRAKE, Mr. TOM DAVIS of Virginia, and 

Mr. ALEXANDER) introduced the following bill; which was referred to the 

Committee on the Judiciary 

MAY 5, 2005

Additional sponsors: Mr. CANTOR, Mr. GALLEGLY, Mr. SOUDER, Mrs. CAPITO, 

Mr. GENE GREEN of Texas, Mr. ETHERIDGE, Mr. KING of New York, 

and Mr. TIBERI

MAY 5, 2005

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 14, 2005] 

A BILL

To amend title 18, United States Code, to reduce violent 

gang crime and protect law-abiding citizens and communities from violent criminals, and for other purposes.
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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 Deterrence and 

5 Community Protection Act of 2005’’. 

6 TITLE I—CRIMINAL LAW RE7 FORMS AND ENHANCED PEN8 ALTIES TO DETER AND PUN9 ISH ILLEGAL STREET GANG 

10 ACTIVITY AND RELATED 

11 CRIMINAL LAW REFORMS 

12 SEC. 101. REVISION AND EXTENSION OF PENALTIES RE13 LATED TO CRIMINAL STREET GANG ACTIVITY. 

14 (a) IN GENERAL.—Chapter 26 of title 18, United 

15 States Code, is amended to read as follows: 

16 ‘‘CHAPTER 26—CRIMINAL STREET GANGS

‘‘Sec. 

‘‘521. Criminal street gang prosecutions.

17 ‘‘§ 521. Criminal street gang prosecutions 

18 ‘‘(a) STREET GANG CRIME.—Whoever commits, or 

19 conspires, threatens or attempts to commit, a gang crime 

20 for the purpose of furthering the activities of a criminal 

21 street gang, or gaining entrance to or maintaining or in22 creasing position in such a gang, shall, in addition to being 

23 subject to a fine under this title—
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1 ‘‘(1) if the gang crime results in the death of any 

2 person, be sentenced to death or life in prison; 

3 ‘‘(2) if the gang crime is kidnapping, aggravated 

4 sexual abuse, or maiming, be imprisoned for life or 

5 any term of years not less than 30; 

6 ‘‘(3) if the gang crime is assault resulting in se7 rious bodily injury (as defined in section 1365), be 

8 imprisoned for life or any term of years not less than 

9 20; and 

10 ‘‘(4) in any other case, be imprisoned for life or 

11 for any term of years not less than 10. 

12 ‘‘(b) FORFEITURE.—

13 ‘‘(1) IN GENERAL.—The court, in imposing sen14 tence on any person convicted of a violation of this 

15 section, shall order, in addition to any other sentence 

16 imposed and irrespective of any provision of State 

17 law, that such person shall forfeit to the United States 

18 such person’s interest in—

19 ‘‘(A) any property used, or intended to be 

20 used, in any manner or part, to commit, or to 

21 facilitate the commission of, the violation; and 

22 ‘‘(B) any property constituting, or derived 

23 from, any proceeds the person obtained, directly 

24 or indirectly, as a result of the violation. 
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1 ‘‘(2) APPLICATION OF CONTROLLED SUBSTANCES

2 ACT.—Subsections (b), (c), (e), (f), (g), (h), (i), (j), 

3 (k), (l), (m), (n), (o), and (p) of section 413 of the 

4 Controlled Substances Act (21 U.S.C. 853) shall 

5 apply to a forfeiture under this section as though it 

6 were a forfeiture under that section. 

7 ‘‘(c) DEFINITIONS.—The following definitions apply in 

8 this section: 

9 ‘‘(1) CRIMINAL STREET GANG.—The term ‘crimi10 nal street gang’ means a formal or informal group or 

11 association of 3 or more individuals, who commit 2 

12 or more gang crimes (one of which is a crime of vio13 lence other than an offense punishable under subpara14 graphs (A), (B), or (C) of section 401(b)(1) of the 

15 Controlled Substances Act), in 2 or more separate 

16 criminal episodes, in relation to the group or associa17 tion, if any of the activities of the criminal street 

18 gang affects interstate or foreign commerce. 

19 ‘‘(2) GANG CRIME.—The term ‘gang crime’ 

20 means conduct constituting any Federal or State 

21 crime, punishable by imprisonment for more than one 

22 year, in any of the following categories: 

23 ‘‘(A) A crime of violence. 
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1 ‘‘(B) A crime involving obstruction of jus2 tice, tampering with or retaliating against a 

3 witness, victim, or informant, or burglary. 

4 ‘‘(C) A crime involving the manufacturing, 

5 importing, distributing, possessing with intent to 

6 distribute, or otherwise dealing in a controlled 

7 substance or listed chemical (as those terms are 

8 defined in section 102 of the Controlled Sub9 stances Act (21 U.S.C. 802)). 

10 ‘‘(D) Any conduct punishable under section 

11 844 (relating to explosive materials), subsection 

12 (a)(1), (d), (g)(1) (where the underlying convic13 tion is a violent felony (as defined in section 

14 924(e)(2)(B) of this title) or is a serious drug of15 fense (as defined in section 924(e)(2)(A))), (g)(2), 

16 (g)(3), (g)(4), (g)(5), (g)(8), (g)(9), (i), (j), (k), 

17 (n), (o), (p), (q), (u), or (x) of section 922 (relat18 ing to unlawful acts), or subsection (b), (c), (g), 

19 (h), (k), (l), (m), or (n) of section 924 (relating 

20 to penalties), section 930 (relating to possession 

21 of firearms and dangerous weapons in Federal 

22 facilities), section 931 (relating to purchase, 

23 ownership, or possession of body armor by vio24 lent felons), sections 1028 and 1029 (relating to 

25 fraud and related activity in connection with 
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1 identification documents or access devices), sec2 tion 1952 (relating to interstate and foreign 

3 travel or transportation in aid of racketeering 

4 enterprises), section 1956 (relating to the laun5 dering of monetary instruments), section 1957 

6 (relating to engaging in monetary transactions 

7 in property derived from specified unlawful ac8 tivity), or sections 2312 through 2315 (relating 

9 to interstate transportation of stolen motor vehi10 cles or stolen property). 

11 ‘‘(E) Any conduct punishable under section 

12 274 (relating to bringing in and harboring cer13 tain aliens), section 277 (relating to aiding or 

14 assisting certain aliens to enter the United 

15 States), or section 278 (relating to importation 

16 of alien for immoral purpose) of the Immigra17 tion and Nationality Act. 

18 ‘‘(3) AGGRAVATED SEXUAL ABUSE.—The term 

19 ‘aggravated sexual abuse’ means an offense that, if 

20 committed in the special maritime and territorial ju21 risdiction would be an offense under section 2241(a). 

22 ‘‘(4) STATE.—The term ‘State’ means each of the 

23 several States of the United States, the District of Co24 lumbia, and any commonwealth, territory, or posses25 sion of the United States.’’. 
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1 (b) AMENDMENT RELATING TO PRIORITY OF FOR2 FEITURE OVER ORDERS FOR RESTITUTION.—Section 

3 3663(c)(4) of title 18, United States Code, is amended by 

4 striking ‘‘chapter 46 or chapter 96 of this title’’ and insert5 ing ‘‘section 521, under chapter 46 or 96,’’. 

6 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

7 title 18, United States Code, is amended by inserting ‘‘, 

8 section 521 (relating to criminal street gang prosecutions)’’ 

9 before ‘‘, section 541’’. 

10 SEC. 102. INCREASED PENALTIES FOR INTERSTATE AND 

11 FOREIGN TRAVEL OR TRANSPORTATION IN 

12 AID OF RACKETEERING. 

13 (a) SUBSTANTIVE CHANGES TO OFFENSE.—Section 

14 1952(a) of title 18, United States Code, is amended—

15 (1) so that the heading for the section reads as 

16 follows: 

17 ‘‘§ 1952. Interstate or foreign commerce-related aid to 

18 racketeering’’; 

19 (2) by inserting ‘‘(1)’’ after ‘‘(a)’’; 

20 (3) by striking ‘‘travels’’ and all that follows 

21 through ‘‘intent to’’ and inserting ‘‘, in or affecting 

22 interstate or foreign commerce’’; 

23 (4) by striking ‘‘(1) distribute’’ and inserting 

24 ‘‘(A) distributes’’; 
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1 (5) by striking ‘‘(2) commit’’ and inserting ‘‘(B) 

2 commits’’; 

3 (6) by striking ‘‘(3) otherwise promote, manage, 

4 establish, carry on, or facilitate’’ and inserting ‘‘(C) 

5 otherwise promotes, manages, establishes, carries on, 

6 or facilitates’’; and 

7 (7) by striking ‘‘and thereafter’’ and all that fol8 lows through the end of the subsection and inserting 

9 the following: 

10 ‘‘or attempts or conspires to do so, shall be punished as pro11 vided in paragraph (2). 

12 ‘‘(2) The punishment for an offense under this sub13 section is—

14 ‘‘(A) in the case of a violation of subparagraph 

15 (A) or (C) of paragraph (1), a fine under this title 

16 and imprisonment for not less than 5 nor more than 

17 20 years; and 

18 ‘‘(B) in the case of a violation of subparagraph 

19 (B) of paragraph (1), a fine under this title and im20 prisonment for not less than 10 nor more than 30 

21 years, but if death results the offender shall be sen22 tenced to death, or to imprisonment for any term of 

23 years or for life.’’. 

24 (b) CLERICAL AMENDMENT.—The item relating to sec25 tion 1952 in the table of sections at the beginning of chapter 
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1 95 of title 18, United States Code, is amended to read as 

2 follows:

‘‘1952. Interstate or foreign commerce-related aid to racketeering.’’.

3 SEC. 103. AMENDMENTS RELATING TO VIOLENT CRIME. 

4 (a) CARJACKING.—Section 2119 of title 18, United 

5 States Code, is amended—

6 (1) by striking ‘‘, with the intent to cause death 

7 or serious bodily harm’’ in the matter preceding 

8 paragraph (1); 

9 (2) by inserting ‘‘or conspires’’ after ‘‘attempts’’ 

10 in the matter preceding paragraph (1); 

11 (3) by striking ‘‘15’’ and inserting ‘‘20’’ in para12 graph (1); and 

13 (4) by striking ‘‘or imprisoned not more than 25 

14 years, or both’’ and inserting ‘‘and imprisoned not 

15 less than 10 years nor more than 30 years’’ in para16 graph (2). 

17 (b) CLARIFICATION OF ILLEGAL GUN TRANSFERS TO

18 COMMIT DRUG TRAFFICKING CRIME OR CRIMES OF VIO19 LENCE.—Section 924(h) of title 18, United States Code, is 

20 amended to read as follows: 

21 ‘‘(h) Whoever, in or affecting interstate or foreign com22 merce, knowingly transfers a firearm, knowing or intending 

23 that the firearm will be used to commit, or possessed in 

24 furtherance of, a crime of violence or drug trafficking crime, 
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1 shall be fined under this title and imprisoned not less than 

2 5 years nor more than 20 years.’’. 

3 (c) AMENDMENT OF SPECIAL SENTENCING PROVISION

4 RELATING TO LIMITATIONS ON CRIMINAL ASSOCIATION.—

5 Section 3582(d) of title 18, United States Code, is amend6 ed—

7 (1) by inserting ‘‘section 521 (criminal street 

8 gang prosecutions), in’’ after ‘‘felony set forth in’’; 

9 (2) by striking ‘‘specified person, other than his 

10 attorney, upon’’ and inserting ‘‘specified person 

11 upon’’; and 

12 (3) by inserting ‘‘a criminal street gang or’’ be13 fore ‘‘an illegal enterprise’’. 

14 (d) CONSPIRACY PENALTY.—Section 371 of title 18, 

15 United States Code, is amended by striking ‘‘five’’ and in16 serting ‘‘20’’. 

17 SEC. 104. INCREASED PENALTIES FOR USE OF INTERSTATE 

18 COMMERCE FACILITIES IN THE COMMISSION 

19 OF MURDER-FOR-HIRE AND OTHER FELONY 

20 CRIMES OF VIOLENCE. 

21 (a) IN GENERAL.—Section 1958 of title 18, United 

22 States Code, is amended—

23 (1) by striking the section heading and inserting 

24 the following: 
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1 ‘‘§ 1958. Use of interstate commerce facilities in the 

2 commission of murder-for-hire and other 

3 felony crimes of violence’’; 

4 (2) in subsection (a), by inserting ‘‘or other 

5 crime of violence, punishable by imprisonment for 

6 more than one year,’’ after ‘‘intent that a murder’’; 

7 and 

8 (3) in subsection (a), by striking ‘‘shall be fined’’ 

9 the first place it appears and all that follows through 

10 the end of such subsection and inserting the following: 

11 ‘‘shall, in addition to being subject to a fine under this title 

12 ‘‘(1) if the crime of violence or conspiracy results 

13 in the death of any person, be sentenced to death or 

14 life in prison; 

15 ‘‘(2) if the crime of violence is kidnapping, ag16 gravated sexual abuse (as defined in section 521), or 

17 maiming, or a conspiracy to commit such a crime of 

18 violence, be imprisoned for life or any term of years 

19 not less than 30; 

20 ‘‘(3) if the crime of violence is an assault, or a 

21 conspiracy to assault, that results in serious bodily 

22 injury (as defined in section 1365), be imprisoned for 

23 life or any term of years not less than 20; and 

24 ‘‘(4) in any other case, be imprisoned for life or 

25 for any term of years not less than 10.’’. 
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1 (b) CLERICAL AMENDMENT.—The item relating to sec2 tion 1958 in the table of sections at the beginning of chapter 

3 95 of title 18, United States Code, is amended to read as 

4 follows:

‘‘1958. Use of interstate commerce facilities in the commission of murder-for-hire 

and other felony crimes of violence.’’.

5 SEC. 105. INCREASED PENALTIES FOR VIOLENT CRIMES IN 

6 AID OF RACKETEERING ACTIVITY. 

7 (a) OFFENSE.—Section 1959(a) of title 18, United 

8 States Code, is amended to read as follows: 

9 ‘‘(a) Whoever commits, or conspires, threatens, or at10 tempts to commit, a crime of violence for the purpose of 

11 furthering the activities of an enterprise engaged in racket12 eering activity, or for the purpose of gaining entrance to 

13 or maintaining or increasing position in, such an enter14 prise, shall, unless the death penalty is otherwise imposed, 

15 in addition and consecutive to the punishment provided for 

16 any other violation of this chapter and in addition to being 

17 subject to a fine under this title—

18 ‘‘(1) if the crime of violence results in the death 

19 of any person, be sentenced to death or life in prison; 

20 ‘‘(2) if the crime of violence is kidnapping, ag21 gravated sexual abuse (as defined in section 521), or 

22 maiming, be imprisoned for life or any term of years 

23 not less than 30; 
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1 ‘‘(3) if the crime of violence is assault resulting 

2 in serious bodily injury (as defined in section 1365), 

3 be imprisoned for life or for any term of years not 

4 less than 20; and 

5 ‘‘(4) in any other case, be imprisoned for life or 

6 for any term of years not less than 10.’’. 

7 (b) VENUE.—Section 1959 of title 18, United States 

8 Code, is amended by adding at the end the following: —

9 ‘‘(c) A prosecution for a violation of this section may 

10 be brought in—

11 ‘‘(1) the judicial district in which the crime of 

12 violence occurred; or 

13 ‘‘(2) any judicial district in which racketeering 

14 activity of the enterprise occurred.’’. 

15 SEC. 106. MURDER AND OTHER VIOLENT CRIMES COM16 MITTED DURING AND IN RELATION TO A 

17 DRUG TRAFFICKING CRIME. 

18 (a) IN GENERAL.—Part D of the Controlled Substances 

19 Act (21 U.S.C. 841 et seq.) is amended by adding at the 

20 end the following: 

21 ‘‘MURDER AND OTHER VIOLENT CRIMES COMMITTED

22 DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME

23 ‘‘SEC. 424. (a) IN GENERAL.—Whoever commits, or 

24 conspires, or attempts to commit, a crime of violence during 

25 and in relation to a drug trafficking crime, shall, unless 

26 the death penalty is otherwise imposed, in addition and 
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1 consecutive to the punishment provided for the drug traf2 ficking crime and in addition to being subject to a fine 

3 under this title—

4 ‘‘(1) if the crime of violence results in the death 

5 of any person, be sentenced to death or life in prison; 

6 ‘‘(2) if the crime of violence is kidnapping, ag7 gravated sexual abuse (as defined in section 521), or 

8 maiming, be imprisoned for life or any term of years 

9 not less than 30; 

10 ‘‘(3) if the crime of violence is assault resulting 

11 in serious bodily injury (as defined in section 1365), 

12 be imprisoned for life or any term of years not less 

13 than 20; and 

14 ‘‘(4) in any other case, be imprisoned for life or 

15 for any term of years not less than 10. 

16 ‘‘(b) VENUE.—A prosecution for a violation of this sec17 tion may be brought in—

18 ‘‘(1) the judicial district in which the murder or 

19 other crime of violence occurred; or 

20 ‘‘(2) any judicial district in which the drug traf21 ficking crime may be prosecuted. 

22 ‘‘(c) DEFINITIONS.—As used in this section—

23 ‘‘(1) the term ‘crime of violence’ has the meaning 

24 given that term in section 16 of title 18, United 

25 States Code; and 
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1 ‘‘(2) the term ‘drug trafficking crime’ has the 

2 meaning given that term in section 924(c)(2) of title 

3 18, United States Code.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents for 

5 the Comprehensive Drug Abuse Prevention and Control Act 

6 of 1970 is amended by inserting after the item relating to 

7 section 423, the following:

‘‘Sec. 424. Murder and other violent crimes committed during and in relation to 

a drug trafficking crime.’’.

8 SEC. 107. MULTIPLE INTERSTATE MURDER. 

9 (a) OFFENSE.—Chapter 51 of title 18, United States 

10 Code, is amended by adding at the end the following new 

11 section: 

12 ‘‘§ 1123. Use of interstate commerce facilities in the 

13 commission of multiple murder 

14 ‘‘(a) IN GENERAL.—Whoever travels in or causes an15 other (including the intended victim) to travel in interstate 

16 or foreign commerce, or uses or causes another (including 

17 the intended victim) to use the mail or any facility of inter18 state or foreign commerce, or who conspires or attempts to 

19 do so, with intent that 2 or more intentional homicides be 

20 committed in violation of the laws of any State or the 

21 United States shall, in addition to being subject to a fine 

22 under this title—

23 ‘‘(1) if the offense results in the death of any per24 son, be sentenced to death or life in prison; 
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1 ‘‘(2) if the offense results is assault resulting in 

2 serious bodily injury (as defined in section 1365), be 

3 imprisoned for life or any term of years not less than 

4 20; and 

5 ‘‘(3) in any other case, be imprisoned for life or 

6 for any term of years not less than 10. 

7 ‘‘(b) DEFINITION.—The term ‘State’ means each of the 

8 several States of the United States, the District of Columbia, 

9 and any commonwealth, territory, or possession of the 

10 United States.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections at 

12 the beginning of chapter 51 of title 18, United States Code, 

13 is amended by adding at the end the following:

‘‘1123. Use of interstate commerce facilities in the commission of multiple murder.’’.

14 SEC. 108. ADDITIONAL RACKETEERING ACTIVITY. 

15 Section 1961(1) of title 18, United States Code, is 

16 amended—

17 (1) in subparagraph (A), by inserting ‘‘, or 

18 would have been so chargeable if the act or threat had 

19 not been committed in Indian country (as defined in 

20 section 1151) or in any other area of exclusive Fed21 eral jurisdiction,’’ after ‘‘chargeable under State law’’; 

22 and 

23 (2) in subparagraph (B), by inserting ‘‘section 

24 1123 (relating to interstate murder),’’ after ‘‘section 
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1 1084 (relating to the transmission of gambling infor2 mation),’’. 

3 SEC. 109. EXPANSION OF REBUTTABLE PRESUMPTION 

4 AGAINST RELEASE OF PERSONS CHARGED 

5 WITH FIREARMS OFFENSES. 

6 Section 3142 of title 18, United States Code, is amend7 ed—

8 (1) in subsection (e), in the matter following 

9 paragraph (3), by inserting ‘‘an offense under sub10 section (g)(1) (where the underlying conviction is a 

11 drug trafficking crime (as defined in section 924(c))), 

12 (g)(2), (g)(4), (g)(5), (g)(8), or (g)(9) of section 922, 

13 or a crime of violence,’’ after ‘‘that the person com14 mitted’’; and 

15 (2) in subsection (g), by amending paragraph 

16 (1) to read as follows: 

17 ‘‘(1) the nature and circumstances of the offense 

18 charged, including whether the offense is a crime of 

19 violence, or involves a controlled substance, firearm, 

20 explosive, or destructive devise;’’. 

21 SEC. 110. VENUE IN CAPITAL CASES. 

22 Section 3235 of title 18, United States Code, is amend23 ed to read as follows: 
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1 ‘‘§ 3235. Venue in capital cases 

2 ‘‘(a) The trial for any offense punishable by death shall 

3 be held in the district where the offense was committed or 

4 in any district in which the offense began, continued, or 

5 was completed. 

6 ‘‘(b) If the offense, or related conduct, under subsection 

7 (a) involves activities which affect interstate or foreign com8 merce, or the importation of an object or person into the 

9 United States, such offense may be prosecuted in any dis10 trict in which those activities occurred.’’. 

11 SEC. 111. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 

12 (a) IN GENERAL.—Chapter 213 of title 18, United 

13 States Code, is amended by adding at the end the following: 

14 ‘‘§ 3298. Violent crime offenses 

15 ‘‘No person shall be prosecuted, tried, or punished for 

16 any noncapital felony, crime of violence, including any 

17 racketeering activity or gang crime which involves any 

18 crime of violence, unless the indictment is found or the in19 formation is instituted not later than 15 years after the 

20 date on which the alleged violation occurred or the con21 tinuing offense was completed.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections at 

23 the beginning of chapter 213 of title 18, United States Code, 

24 is amended by adding at the end the following:

‘‘3298. Violent crime offenses.’’.
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1 SEC. 112. MODIFICATION OF DEFINITION OF CRIME OF VIO2 LENCE. 

3 Section 16(b) of title 18, United States Code, is amend4 ed to read as follows: 

5 ‘‘(b) any other offense that is an offense punish6 able by imprisonment for more than one year and 

7 that, by its nature, involves a substantial risk that 

8 physical force may be used against the person or 

9 property of another, or is an offense punishable under 

10 subparagraphs (A), (B), or (C) of section 401(b)(1) of 

11 the Controlled Substances Act.’’. 

12 SEC. 113. CLARIFICATION TO HEARSAY EXCEPTION FOR 

13 FORFEITURE BY WRONGDOING. 

14 Rule 804(b)(6) of the Federal Rules of Evidence is 

15 amended to read as follows: 

16 ‘‘(6) FORFEITURE BY WRONGDOING.—A state17 ment offered against a party who has engaged or ac18 quiesced in wrongdoing, or who could reasonably fore19 see such wrongdoing would take place, if the wrong20 doing was intended to, and did, procure the unavail21 ability of the declarant as a witness.’’. 

22 SEC. 114. INCREASED PENALTIES FOR CRIMINAL USE OF 

23 FIREARMS IN CRIMES OF VIOLENCE AND 

24 DRUG TRAFFICKING. 

25 (a) IN GENERAL.—Section 924(c) of title 18, United 

26 States Code, is amended—
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1 (1) in paragraph (1)(A)—

2 (A) by striking ‘‘shall’’ and inserting ‘‘or 

3 conspires to commit any of the above acts, shall, 

4 for each instance in which the firearm is used, 

5 carried, or possessed’’; 

6 (B) in clause (i), by striking ‘‘5 years’’ and 

7 inserting ‘‘7 years’’; and 

8 (C) by striking clauses (ii) and (iii) and in9 serting the following: 

10 ‘‘(ii) if the firearm is discharged, be sen11 tenced to a term of imprisonment of not less 

12 than 15 years; and 

13 ‘‘(iii) if the firearm is used to wound, in14 jure, or maim another person, be sentenced to a 

15 term of imprisonment of not less than 20 

16 years.’’; and 

17 (2) by striking paragraph (4). 

18 (b) CONFORMING AMENDMENT.—Section 924 of title 

19 18, United States Code, is amended by striking subsection 

20 (o). 

21 SEC. 115. TRANSFER OF JUVENILES. 

22 The 4th undesignated paragraph of section 5032 of 

23 title 18, United States Code, is amended—
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1 (1) by striking ‘‘A juvenile’’ where it appears at 

2 the beginning of the paragraph and inserting ‘‘Except 

3 as otherwise provided in this chapter, a juvenile’’ ; 

4 (2) by striking ‘‘as an adult, except that, with’’ 

5 and inserting ‘‘as an adult. With’’; and 

6 (3) by striking ‘‘However, a juvenile’’ and all 

7 that follows through ‘‘criminal prosecution.’’ at the 

8 end of the paragraph and inserting ‘‘The Attorney 

9 General may prosecute as an adult a juvenile who is 

10 alleged to have committed an act after that juvenile’s 

11 16th birthday which if committed by an adult would 

12 be a crime of violence that is a felony, an offense de13 scribed in subsection (d), (i), (j), (k), (o), (p), (q), (u), 

14 or (x) of section 922 (relating to unlawful acts), or 

15 subsection (b), (c), (g), (h), (k), (l), (m), or (n) of sec16 tion 924 (relating to penalties), section 930 (relating 

17 to possession of firearms and dangerous weapons in 

18 Federal facilities), or section 931 (relating to pur19 chase, ownership, or possession of body armor by vio20 lent felons). The decision whether or not to prosecute 

21 a juvenile as an adult under the immediately pre22 ceding sentence is not subject to judicial review in 

23 any court. In a prosecution under that sentence, the 

24 juvenile may be prosecuted and convicted as an adult 

25 for any other offense which is properly joined under 
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1 the Federal Rules of Criminal Procedure, and may 

2 also be convicted as an adult of any lesser included 

3 offense.’’. 

4 TITLE II—INCREASED FEDERAL 

5 RESOURCES TO DETER AND 

6 PREVENT AT-RISK YOUTH 

7 FROM JOINING ILLEGAL 

8 STREET GANGS 

9 SEC. 201. DESIGNATION OF AND ASSISTANCE FOR ‘‘HIGH IN10 TENSITY’’ INTERSTATE GANG ACTIVITY 

11 AREAS. 

12 (a) DEFINITIONS.—In this section the following defini13 tions shall apply: 

14 (1) GOVERNOR.—The term ‘‘Governor’’ means a 

15 Governor of a State or the Mayor of the District of 

16 Columbia. 

17 (2) HIGH INTENSITY INTERSTATE GANG ACTIVITY

18 AREA.—The term ‘‘high intensity interstate gang ac19 tivity area’’ means an area within a State that is 

20 designated as a high intensity interstate gang activity 

21 area under subsection (b)(1). 

22 (3) STATE.—The term ‘‘State’’ means a State of 

23 the United States, the District of Columbia, and any 

24 commonwealth, territory, or possession of the United 

25 States. 
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1 (b) HIGH INTENSITY INTERSTATE GANG ACTIVITY

2 AREAS.—

3 (1) DESIGNATION.—The Attorney General, after 

4 consultation with the Governors of appropriate 

5 States, may designate as high intensity interstate 

6 gang activity areas, specific areas that are located 

7 within 1 or more States. 

8 (2) ASSISTANCE.—In order to provide Federal 

9 assistance to high intensity interstate gang activity 

10 areas, the Attorney General shall—

11 (A) establish criminal street gang enforce12 ment teams, consisting of Federal, State, and 

13 local law enforcement authorities, for the coordi14 nated investigation, disruption, apprehension, 

15 and prosecution of criminal street gangs and of16 fenders in each high intensity interstate gang ac17 tivity area; 

18 (B) direct the reassignment or detailing 

19 from any Federal department or agency (subject 

20 to the approval of the head of that department 

21 or agency, in the case of a department or agency 

22 other than the Department of Justice) of per23 sonnel to each criminal street gang enforcement 

24 team; 
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1 (C) provide all necessary funding for the 

2 operation of the criminal street gang enforcement 

3 team in each high intensity interstate gang ac4 tivity area; and 

5 (D) provide all necessary funding for na6 tional and regional meetings of criminal street 

7 gang enforcement teams, and all other related or8 ganizations, as needed, to ensure effective oper9 ation of such teams through the sharing of intel10 ligence, best practices and for any other related 

11 purpose. 

12 (3) COMPOSITION OF CRIMINAL STREET GANG

13 ENFORCEMENT TEAM.—The team established pursuant 

14 to paragraph (2)(A) shall consist of agents and offi15 cers, where feasible, from—

16 (A) the Federal Bureau of Investigation; 

17 (B) the Drug Enforcement Administration; 

18 (C) the Bureau of Alcohol, Tobacco, Fire19 arms, and Explosives; 

20 (D) the United States Marshals Service; 

21 (E) the Directorate of Border and Trans22 portation Security of the Department of Home23 land Security; 

24 (F) the Department of Housing and Urban 

25 Development; 
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1 (G) State and local law enforcement; and 

2 (H) Federal, State, and local prosecutors. 

3 (4) CRITERIA FOR DESIGNATION.—In consid4 ering an area for designation as a high intensity 

5 interstate gang activity area under this section, the 

6 Attorney General shall consider—

7 (A) the current and predicted levels of gang 

8 crime activity in the area; 

9 (B) the extent to which violent crime in the 

10 area appears to be related to criminal street 

11 gang activity, such as drug trafficking, murder, 

12 robbery, assaults, carjacking, arson, kidnapping, 

13 extortion, and other criminal activity; 

14 (C) the extent to which State and local law 

15 enforcement agencies have committed resources 

16 to—

17 (i) respond to the gang crime problem; 

18 and 

19 (ii) participate in a gang enforcement 

20 team; 

21 (D) the extent to which a significant in22 crease in the allocation of Federal resources 

23 would enhance local response to the gang crime 

24 activities in the area; and 
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1 (E) any other criteria that the Attorney 

2 General considers to be appropriate. 

3 (c) ADDITIONAL ASSISTANT U.S. ATTORNEYS.—The 

4 Attorney General is authorized to hire 94 additional Assist5 ant United States attorneys to carry out the provisions of 

6 this section. Each attorney hired under this subsection shall 

7 be assigned to a high intensity interstate gang activity area. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

9 authorized to be appropriated—

10 (1) $50,000,000 for each of the fiscal years 2006 

11 through 2010 to carry out subsection (b); and 

12 (2) $7,500,000 for each of the fiscal years 2006 

13 through 2010 to carry out subsection (c). 

14 SEC. 202. GRANTS TO STATE AND LOCAL PROSECUTORS TO 

15 COMBAT VIOLENT CRIME AND TO PROTECT 

16 WITNESSES AND VICTIMS OF CRIMES. 

17 (a) IN GENERAL.—Section 31702 of the Violent Crime 

18 Control and Law Enforcement Act of 1994 (42 U.S.C. 

19 13862) is amended —

20 (1) in paragraph (3), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (4), by striking the period at 

23 the end and inserting a semicolon; and 

24 (3) by adding at the end the following: 

25 ‘‘(5) to hire additional prosecutors to—
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1 ‘‘(A) allow more cases to be prosecuted; and 

2 ‘‘(B) reduce backlogs; 

3 ‘‘(6) to fund technology, equipment, and training 

4 for prosecutors and law enforcement in order to in5 crease accurate identification of gang members and 

6 violent offenders, and to maintain databases with 

7 such information to facilitate coordination among 

8 law enforcement and prosecutors; and 

9 ‘‘(7) to fund technology, equipment, and training 

10 for prosecutors to increase the accurate identification 

11 and successful prosecution of young violent offend12 ers.’’. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 31707 of the Violent Crime Control and Law Enforcement 

15 Act of 1994 (42 U.S.C. 13867) is amended to read as fol16 lows: 

17 ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘There are authorized to be appropriated $20,000,000 

19 for each of the fiscal years 2006 through 2010 to carry out 

20 this subtitle.’’. 
Union Calendar No. 35

109TH CONGRESS 

1ST SESSION H. R. 1279

[Report No. 109–74] 

A BILL

To amend title 18, United States Code, to reduce 

for other purposes. zens and communities from violent criminals, and violent gang crime and protect law-abiding citiMAY 5, 2005

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,