‘‘(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, per-
suade, induce, entice, or coerce any individual to 
commit, cause to commit, or facilitate the commis-
sion of, a predicate gang crime— 
‘‘(A) in furtherance or in aid of the activi-
ties 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. 
‘‘(c) PENALTIES.—Whoever violates 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, im-
prisoned for any term of years or for life, or both. 
‘‘(d) FORFEITURE.— 
‘‘(1) IN GENERAL.—The court, in imposing sen-
tence on a person who is convicted of an offense 
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under this section, shall order that the defendant 
forfeit to the United States— 
‘‘(A) any property, real or personal, consti-
tuting or traceable to gross proceeds obtained 
from that offense; and 
‘‘(B) any property used or intended to be 
used, in any manner or part, to commit or to 
facilitate the commission of that offense. 
‘‘(2) CRIMINAL PROCEDURES.—The procedures 
under section 413 of the Controlled Substances Act 
(21 U.S.C. 853) (other than subsection (d) of that 
section) and under 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 under 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 by striking the item relating to section 
521 and inserting the following: 
‘‘521. Criminal street gang prosecutions.’’. 
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SEC. 302. SOLICITATION OR RECRUITMENT OF PERSONS 
AND VIOLENT CRIMES IN FURTHERANCE OR 
IN AID OF CRIMINAL STREET GANGS. 
(a) 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: 
‘‘§ 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 a predicate gang 
crime. 
‘‘(b) DEFINITION OF MINOR.—In this section, the 
term ‘minor’ means a person who is less than 18 years 
of age. 
‘‘(c) PENALTIES.—Any person who violates sub-
section (a) shall— 
‘‘(1) be imprisoned not more than 10 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— 
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‘‘(A) be imprisoned for not more than 20 
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.’’. 
(b) VIOLENT CRIMES AND CRIMINAL STREET GANG 
RECRUITMENT.—Chapter 26 of title 18, United States 
Code, as amended by this Act, is amended by adding at 
the end the following: 
‘‘§ 523. Violent crimes in furtherance or in aid of a 
criminal street gang 
‘‘Any person who, for the purpose of gaining entrance 
to or maintaining or increasing position in, or in further-
ance or in aid of, or for the direct or indirect benefit of, 
or in association with a criminal street gang, or as consid-
eration 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, maims, assaults with a dangerous weapon, com-
mits assault resulting in serious bodily injury upon, com-
mits any other crime of violence or threatens to commit 
a crime of violence against any individual, or attempts or 
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conspires to do so, shall be punished, in addition and con-
secutive to the punishment provided for any other violation 
of this chapter— 
‘‘(1) for murder, by imprisonment for any term 
of years or for life, a fine under this title, or both; 
‘‘(2) for kidnapping or sexual assault, by im-
prisonment 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 as-
sault resulting in serious bodily injury, by imprison-
ment for not more than 30 years, a fine under this 
title, or both; 
‘‘(5) for any other crime of violence, by impris-
onment for not more than 20 years, a fine under 
this title, or both; 
‘‘(6) for threatening to commit a crime of vio-
lence specified in paragraphs (1) through (4), by im-
prisonment 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 
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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 impris-
onment for not more than 20 years, a fine under 
this title, or both.’’. 
(c) 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. 303. INTERSTATE AND FOREIGN TRAVEL OR TRANS-
PORTATION IN AID OF RACKETEERING EN-
TERPRISES 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’’; and 
(B) by striking ‘‘5 years’’ and inserting 
‘‘10 years’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; 
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(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Whoever travels in interstate or foreign com-
merce or uses the mail or any facility in interstate or for-
eign 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, imprisoned 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 in-
formant,’’ after ‘‘extortion, bribery,’’. 
SEC. 304. AMENDMENTS RELATING TO VIOLENT CRIME IN 
AREAS OF EXCLUSIVE FEDERAL JURISDIC-
TION. 
(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 
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intent to do bodily harm, and without just cause or ex-
cuse,’’. 
(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 COUN-
TRY.—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 ORGA-
NIZATIONS.—Section 1961(1)(A) of title 18, United 
States Code, is amended 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’’. 
(e) CARJACKING.—Section 2119 of title 18, United 
States Code, is amended by striking ‘‘, with the intent to 
cause death or serious bodily harm’’. 
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(f) CLARIFICATION OF PROHIBITION ON FIREARM 
TRANSFER TO COMMIT CRIME OF VIOLENCE OR DRUG 
TRAFFICKING CRIME.—Section 924(h) of title 18, United 
States Code, is amended— 
(1) by inserting ‘‘, or will be possessed in fur-
therance of,’’ after ‘‘commit’’; and 
(2) by striking ‘‘10 years’’ and inserting ‘‘20 
years’’. 
(g) AMENDMENT OF SPECIAL SENTENCING PROVI-
SION.—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 523 (violent crimes in furtherance 
or in aid of criminal street gangs), in chapter 95 
(racketeering) or 96 (racketeer influenced and cor-
rupt organizations),’’; and 
(2) by inserting ‘‘a criminal street gang or’’ be-
fore ‘‘an illegal enterprise’’. 
(h) CONFORMING AMENDMENT RELATING TO OR-
DERS 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,’’. 
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100 
(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 the fact that 
the offense was committed in Indian country (as defined 
in section 1151 of such title 18) and which occurs within 
the boundaries of such Indian country, unless the gov-
erning body of such Indian tribe elects to subject the per-
sons under the criminal jurisdiction of the tribe to section 
3559(e) of such title 18. 
SEC. 305. INCREASED PENALTIES FOR USE OF INTERSTATE 
COMMERCE FACILITIES IN THE COMMISSION 
OF MURDER-FOR-HIRE AND OTHER FELONY 
CRIMES OF VIOLENCE. 
(a) IN GENERAL.—Section 1958 of title 18, United 
States Code, is amended— 
(1) by striking the heading and inserting the 
following: 
‘‘§ 1958. Use of interstate commerce facilities in the 
commission of murder-for-hire and other 
felony crimes of violence’’; 
(2) in subsection (a), by striking ‘‘Whoever’’ 
and all that follows through ‘‘conspires to do so’’ 
and inserting the following: ‘‘Any person who travels 
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101 
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 consider-
ation for the receipt of, or as consideration for a 
promise or agreement to pay, anything of pecuniary 
value, or who conspires to do so’’. 
(3) striking ‘‘ten years’’ and inserting ‘‘20 
years’’; and 
(4) by striking ‘‘twenty years’’ and inserting 
‘‘30 years’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections at the beginning of chapter 95 of 
title 18, United States Code, is amended by striking the 
item relating to section 1958 and inserting the following: 
‘‘1958. Use of interstate commerce facilities in the Commission at murder-for- 
hire and other felony crimes of violence.’’. 
SEC. 306. INCREASED PENALTIES FOR VIOLENT CRIMES IN 
AID OF RACKETEERING ACTIVITY. 
Section 1959(a) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘Whoever’’ and all that follows 
through ‘‘punished’’ and inserting the following: 
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102 
‘‘Any person who, 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 for the purpose 
of gaining entrance to or maintaining or increasing 
position in an enterprise engaged in racketeering ac-
tivity, or in furtherance or in aid of an enterprise 
engaged in racketeering activity, murders, kidnaps, 
sexually assaults (as that term is defined in section 
521), 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 consecu-
tive to the punishment provided for any other viola-
tion of this chapter’’; and 
(2) by striking paragraphs (2) through (6) and 
inserting the following: 
‘‘(2) for kidnapping or sexual assault, by im-
prisonment 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; 
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103 
‘‘(4) for assault with a dangerous weapon or as-
sault resulting in serious bodily injury, by imprison-
ment for not more than 30 years, a fine under this 
title, or both; 
‘‘(5) for threatening to commit a crime of vio-
lence, 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 as-
sault with a dangerous weapon or assault which 
would result in serious bodily injury, by imprison-
ment for not more than 20 years, a fine under this 
title, or both.’’. 
SEC. 307. VIOLENT CRIMES COMMITTED DURING AND IN 
RELATION TO A DRUG TRAFFICKING CRIME. 
(a) IN GENERAL.—Part D of the Controlled Sub-
stances Act (21 U.S.C. 841 et seq.) is amended by adding 
at the end the following: 
‘‘VIOLENT CRIMES COMMITTED DURING AND IN 
RELATION TO A DRUG TRAFFICKING CRIME 
‘‘SEC. 424. (a) IN GENERAL.—Any person who, dur-
ing and in relation to any drug trafficking crime, murders, 
kidnaps, sexually assaults, maims, assaults with a dan-
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104 
gerous 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 indi-
vidual, or attempts or conspires to do so, shall be pun-
ished, in addition and consecutive to the punishment pro-
vided for the drug trafficking crime— 
‘‘(1) in the case of murder, by 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 such title 18, or both; 
‘‘(6) in the case of threatening to commit a 
crime of violence specified in paragraphs (1) through 
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105 
(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 as-
sault, 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 traf-
ficking crime may be prosecuted. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘crime of violence’ has the mean-
ing given that term in section 16 of title 18, United 
States Code; 
‘‘(2) the term ‘drug trafficking crime’ has the 
meaning given that term in section 924(c)(2) of title 
18, United States Code; and 
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106 
‘‘(3) the term ‘sexually assault’ has the mean-
ing given that term in section 521 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. Violent crimes committed during and in relation to a drug traf-
ficking crime.’’. 
SEC. 308. STATUTE OF LIMITATIONS FOR VIOLENT CRIME. 
(a) IN GENERAL.—Chapter 213 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3299A. Violent crime offenses 
‘‘Except as otherwise expressly provided by law, no 
person shall be prosecuted, tried, or punished for any non-
capital 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 al-
leged violation occurred; 
‘‘(2) 10 years after the date on which the con-
tinuing offense was completed; or 
‘‘(3) 8 years after the date on which the alleged 
violation was first discovered.’’. 
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107 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 213 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘3299A. Violent crime offenses.’’. 
SEC. 309. PREDICATE CRIMES FOR AUTHORIZATION OF 
INTERCEPTION OF WIRE, ORAL, AND ELEC-
TRONIC COMMUNICATIONS. 
Section 2516(1) of title 18, United States Code, is 
amended— 
(1) in paragraph (q), by striking ‘‘or’.’’; 
(2) by redesignating paragraph (s) as para-
graph (u); and 
(3) by inserting after paragraph (r) the fol-
lowing: 
‘‘(s) any violation of section 424 of the Con-
trolled Substances Act (relating to murder and other 
violent crimes in furtherance of a drug trafficking 
crime); 
‘‘(t) any violation of section 521, 522, or 523 
(relating to criminal street gangs); or’’. 
SEC. 310. CLARIFICATION TO HEARSAY EXCEPTION FOR 
FORFEITURE BY WRONGDOING. 
Rule 804(b)(6) of the Federal Rules of Evidence is 
amended by striking ‘‘A statement’’ and all that follows 
and inserting: ‘‘A statement offered against a party that 
has engaged, acquiesced, or conspired, in wrongdoing that 
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108 
was intended to, and did, procure the unavailability of the 
declarant as a witness.’’. 
SEC. 311. 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 completed) was 
intended to be affected or was completed, or in which the 
conduct constituting the alleged offense occurred.’’. 
SEC. 312. AMENDMENT OF SENTENCING GUIDELINES RE-
LATING TO CERTAIN GANG AND VIOLENT 
CRIMES. 
(a) DIRECTIVE
TO
THE
UNITED
STATES
SEN-
TENCING COMMISSION.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing 
Commission shall review and, if appropriate, amend its 
guidelines and its policy statements to conform to the 
amendments made by this title. 
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