*TITLE IV-GUN CRIME PENALTIES * *SEC. 401. ENHANCED PENALTY FOR USE OF A SEMIAUTOMATIC FIREARM DURING A * *CRIME OF VIOLENCE OR A DRUG TRAFFICKING CRIME. * * (a) AMENDMENT TO SENTENCING GUIDELINES.-PURSUANT TO ITS AUTHORITY * *UNDER SECTION 994 OF TITLE 28, UNITED STATES CODE, THE UNITED STATES * *SENTENCING COMMISSION SHALL AMEND ITS SENTENCING GUIDELINES TO PROVIDE * *AN APPROPRIATE ENHANCEMENT OF THE PUNISHMENT FOR A CRIME OF VIOLENCE (AS* *DEFINED IN SECTION 924(C)(3) OF TITLE 18, UNITED STATES CODE) OR A DRUG * *TRAFFICKING CRIME (AS DEFINED IN SECTION 924(C)(2) OF TITLE 18, UNITED * *STATES CODE) IF A SEMIAUTOMATIC FIREARM IS INVOLVED. * * (B) SEMIAUTOMATIC FIREARM.-In subsection (a), "semiautomatic firearm" * *means any repeating firearm that utilizes a portion of the energy of a * *firing cartridge to extract the fired cartridge case and chamber the * *next round and that requires a separate pull of the trigger to fire each* *cartridge. * *SEC. 402. ENHANCED PENALTY FOR SECOND OFFENSE OF USING AN EXPLOSIVE TO * *COMMIT A FELONY. * * Pursuant to its authority under section 994 of title 28, United States* *Code, the United States Sentencing Commission shall promulgate * *amendments to the sentencing guidelines to appropriately enhance * *penalties in a case in which a defendant convicted under section 844(h) * *of title 18, United States Code, has previously been convicted under * *that section. * *SEC. 403. SMUGGLING FIREARMS IN AID OF DRUG TRAFFICKING. * * Section 924 of title 18, United States Code, as amended by section * *213, is amended by adding at the end the following new subsection: * * "(j) A person who, with intent to engage in or to promote conduct * *that- * * "(1) is punishable under the Controlled Substances Act (21 U.S.C. * * 801 et seq.), the Controlled Substances Import and Export Act (21 * * U.S.C. 951 et seq.), or the Maritime Drug Law Enforcement Act (46 * * U.S.C. App. 1901 et seq.); * * "(2) violates any law of a State relating to any controlled * * substance (as defined in section 102 of the Controlled Substances * * Act, 21 U.S.C. 802); or * * "(3) constitutes a crime of violence (as defined in subsection * * (c)(3), * *smuggles or knowingly brings into the United States a firearm, or * *attempts to do so, shall be imprisoned not more than 10 years, fined * *under this title, or both.". * *SEC. 404. THEFT OF FIREARMS AND EXPLOSIVES. * * (a) FIREARMS.-Section 924 of title 18, United States Code, as amended * *by section 403(a), is amended by adding at the end the following new * *subsection: * * "(k) A person who steals any firearm which is moving as, or is a part * *of, or which has moved in, interstate or foreign commerce shall be * *imprisoned for not more than 10 years, fined under this title, or * *both.". * * (b) EXPLOSIVES.-Section 844 of title 18, United States Code, is * *amended by adding at the end the following new subsection: * * "(k) A person who steals any explosives materials which are moving as,* *or are a part of, or which have moved in, interstate or foreign commerce* *shall be imprisoned for not more than 10 years, fined under this title, * *or both.". * *SEC. 405. REVOCATION OF SUPERVISED RELEASE. * * Section 3583 of title 18, United States Code, is amended by striking * *subsection (g) and inserting the following: * * "(g) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR * *FIREARM OR FOR REFUSAL TO COOPERATE WITH DRUG TESTING.-If the defendant-* * "(1) possesses a controlled substance in violation of the * * condition set forth in subsection (d); * * "(2) possesses a firearm, as such term is defined in section 921 * * of this title, in violation of Federal law, or otherwise violates a * * condition of supervised release prohibiting the defendant from * * possessing a firearm; or * * "(3) refuses to cooperate in drug testing imposed as a condition * * of supervised release, * *the court shall revoke the term of supervised release and require the * *defendant to serve a term of imprisonment not to exceed the maximum term* *of imprisonment authorized under subsection (e)(3).". * *SEC. 406. REVOCATION OF PROBATION. * * (a) CONTINUATION OR REVOCATION.-SECTION 3565(A) OF TITLE 18, UNITED * *STATES CODE, IS AMENDED- * * (1) IN PARAGRAPH (2) BY STRIKING "IMPOSE ANY OTHER SENTENCE THAT * * WAS AVAILABLE UNDER SUBCHAPTER A AT THE TIME OF THE INITIAL * * SENTENCING" AND INSERTING "RESENTENCE THE DEFENDANT UNDER SUBCHAPTER* * A"; AND * * (2) BY STRIKING THE LAST SENTENCE. * * (B) MANDATORY REVOCATION.-Section 3565(b) of title 18, United States * *Code, is amended to read as follows: * * "(b) MANDATORY REVOCATION FOR POSSESSION OF CONTROLLED SUBSTANCE OR * *FIREARM OR FOR REFUSAL TO COOPERATE WITH DRUG TESTING.-If the defendant-* * "(1) possesses a controlled substance in violation of the * * condition set forth in section 3563(a)(3); * * "(2) possesses a firearm (as defined in section 921) in violation * * of Federal law or otherwise violates a condition of probation * * prohibiting the defendant from possessing a firearm; or * * "(3) refuses to cooperate in drug testing in violation of the * * condition imposed under subsection (a)(4), * *the court shall revoke the sentence of probation and resentence the * *defendant under subchapter A to a sentence that includes a term of * *imprisonment.". * *SEC. 407. INCREASED PENALTY FOR KNOWINGLY MAKING FALSE, MATERIAL * *STATEMENT IN CONNECTION WITH THE ACQUISITION OF A FIREARM FROM A * *LICENSED DEALER. * * Section 924(a) of title 18, United States Code, is amended- * * (1) in paragraph (a)(1)(B) by striking "(a)(6),"; and * * (2) in subsection (a)(2) by inserting "(a)(6)," after * * "subsections". * *SEC. 408. POSSESSION OF EXPLOSIVES BY FELONS AND OTHERS. * * Section 842(i) of title 18, United States Code, is amended by * *inserting "or possess" after "to receive". * *SEC. 409. SUMMARY DESTRUCTION OF EXPLOSIVES SUBJECT TO FORFEITURE. * * Section 844(c) of title 18, United States Code, is amended- * * (1) by inserting "(1)" after "(c)"; and * * (2) by adding at the end the following new paragraphs: * * "(2) Notwithstanding paragraph (1), in the case of the seizure of any * *explosive materials for any offense for which the materials would be * *subject to forfeiture in which it would be impracticable or unsafe to * *remove the materials to a place of storage or would be unsafe to store * *them, the seizing officer may destroy the explosive materials forthwith.* *Any destruction under this paragraph shall be in the presence of at * *least 1 credible witness. The seizing officer shall make a report of the* *seizure and take samples as the Secretary may by regulation prescribe. * * "(3) Within 60 days after any destruction made pursuant to paragraph * *(2), the owner of (including any person having an interest in) the * *property so destroyed may make application to the Secretary for * *reimbursement of the value of the property. If the claimant establishes * *to the satisfaction of the Secretary that- * * "(A) the property has not been used or involved in a violation of * * law; or * * "(B) any unlawful involvement or use of the property was without * * the claimant's knowledge, consent, or willful blindness, * *the Secretary shall make an allowance to the claimant not exceeding the * *value of the property destroyed.". * *SEC. 410. ELIMINATION OF OUTMODED LANGUAGE RELATING TO PAROLE. * * (a) SECTION (e)(1) OF TITLE 18.-Section 924(e)(1) of title 18, United * *States Code, is amended by striking ", and such person shall not be * *eligible for parole with respect to the sentence imposed under this * *subsection". * * (b) SECTION 924(c)(1) OF TITLE 18.-Section 924(c)(1) of title 18, * *United States Code, is amended by striking "No person sentenced under * *this subsection shall be eligible for parole during the term of * *imprisonment imposed under this subsection.". * *SEC. 411. PROHIBITION AGAINST TRANSACTIONS INVOLVING STOLEN FIREARMS * *WHICH HAVE MOVED IN INTERSTATE OR FOREIGN COMMERCE. * * Section 922(j) of title 18, United States Code, is amended to read as * *follows: * * "(j) It shall be unlawful for any person to receive, possess, conceal,* *store, barter, sell, or dispose of any stolen firearm or stolen * *ammunition, or pledge or accept as security for a loan any stolen * *firearm or stolen ammunition, which is moving as, which is a part of, * *which constitutes, or which has been shipped or transported in, * *interstate or foreign commerce, either before or after it was stolen, * *knowing or having reasonable cause to believe that the firearm or * *ammunition was stolen.". * *SEC. 412. USING A FIREARM IN THE COMMISSION OF COUNTERFEITING OR * *FORGERY. * * Pursuant to its authority under section 994 of title 28, United States* *Code, the United States Sentencing Commission shall amend its sentencing* *guidelines to provide an appropriate enhancement of the punishment for a* *defendant convicted of a felony under chapter 25 of title 18, United * *States Code, if the defendant used or carried a firearm (as defined in * *section 921(a)(3) of title 18, United States Code) during and in * *relation to the felony. * *SEC. 413. ENHANCED PENALTIES FOR FIREARMS POSSESSION BY VIOLENT FELONS * *AND SERIOUS DRUG OFFENDERS. * * Pursuant to its authority under section 994 of title 28, United States* *Code, the United States Sentencing Commission shall amend its sentencing* *guidelines to- * * (1) appropriately enhance penalties in cases in which a defendant * * convicted under section 922(g) of title 18, United States Code, has * * 1 prior conviction by any court referred to in section 922(g)(1) of * * title 18 for a violent felony (as defined in section 924(e)(2)(B) of* * that title) or a serious drug offense (as defined in section * * 924(e)(2)(A) of that title); and * * (2) appropriately enhance penalties in cases in which such a * * defendant has 2 prior convictions for a violent felony (as so * * defined) or a serious drug offense (as so defined). * *SEC. 414. RECEIPT OF FIREARMS BY NONRESIDENT. * * Section 922(a) of title 18, United States Code, is amended- * * (1) by striking "and" at the end of paragraph (7); * * (2) by striking the period at the end of paragraph (8) and * * inserting "; and"; and * * (3) by adding at the end the following new paragraph: * * "(9) for any person, other than a licensed importer, licensed * * manufacturer, licensed dealer, or licensed collector, who does not * * reside in any State to receive any firearms unless such receipt is * * for lawful sporting purposes.". * *SEC. 415. FIREARMS AND EXPLOSIVES CONSPIRACY. * * (a) FIREARMS.-Section 924 of title 18, United States Code, as amended * *by section 404(a), is amended by adding at the end the following new * *subsection: * * "(l) A person who conspires to commit any offense under this chapter * *shall be subject to the same penalties as those prescribed for the * *offense the commission of which was the object of the conspiracy, except* *that- * * "(1) in the case of a conspiracy to commit an offense under * * subsection (c) of this section, the authorized term of imprisonment * * shall be any term of years not exceeding 20; and * * "(2) if the firearm is a machinegun or destructive device, or is * * equipped with a firearm silencer or muffler, the authorized term of * * imprisonment shall be any term of years or life.". * * (b) EXPLOSIVES.-Section 844 of title 18, United States Code, as * *amended by section 404(b), is amended by adding at the end the following* *new subsection: * * "(l) A person who conspires to commit any offense under this chapter * *shall be subject to the same penalties as those prescribed for the * *offense the commission of which was the object of the conspiracy, except* *that in the case of a conspiracy to commit an offense under subsection * *(h) of this section, the authorized term of imprisonment shall be any * *term of years not exceeding 20. * *SEC. 416. STUDY OF INCENDIARY AMMUNITION; REPORT TO CONGRESS. * * (a) STUDY.-The Secretary of the Treasury shall conduct a study of the * *incendiary ammunition offered for sale under the brand name "Dragon's * *Breath" and also known as the "Three Second Flame Thrower", and all * *incendiary ammunition of similar function or effect, for the purpose of * *determining whether there is a reasonable sporting use for such * *ammunition and whether there is a reasonable use for such ammunition in * *law enforcement. * * (b) REPORT TO THE CONGRESS.-Not later than 1 year after the date of * *enactment of this Act, the Secretary of the Treasury shall submit to the* *Committee on the Judiciary of the House of Representatives a report * *containing the results of the study required by subsection (a) and * *recommendations for such legislative or administrative action, with * *respect to the ammunition referred to in subsection (a), as the * *Secretary deems appropriate. * *SEC. 417. THEFT OF FIREARMS OR EXPLOSIVES FROM LICENSEE. * * (a) FIREARMS.-Section 924 of title 18, United States Code, as amended * *by section 415(a), is amended by adding at the end the following new * *subsection: * * "(m) A person who steals any firearm from a licensed importer, * *licensed manufacturer, licensed dealer, or licensed collector shall be * *fined under this title, imprisoned not more than 10 years, or both.". * * (b) EXPLOSIVES.-Section 844 of title 18, United States Code, as * *amended by section 415(b), is amended by adding at the end the following* *new subsection: * * "(m) A person who steals any explosive material from a licensed * *importer, licensed manufacturer, or licensed dealer, or from any * *permittee shall be fined under this title, imprisoned not more than 10 * *years, or both.". * *SEC. 418. DISPOSING OF EXPLOSIVES TO PROHIBITED PERSONS. * * Section 842(d) of title 18, United States Code, is amended by striking* *"licensee" and inserting "person". * *SEC. 419. CLARIFICATION OF "BURGLARY" UNDER THE ARMED CAREER CRIMINAL * *STATUTE. * * Section 924(e)(2) of title 18, United States Code, is amended- * * (1) by striking "and" at the end of subparagraph (B)(ii); * * (2) by striking the period at the end of subparagraph (C) and * * inserting "; and"; and * * (3) by adding at the end the following new subparagraph: * * "(D) the term 'burglary' means any crime punishable by a term of * * imprisonment exceeding 1 year and consisting of entering or * * remaining surreptitiously within a building that is the property of * * another with intent to engage in conduct constituting a Federal or * * State offense.". * *SEC. 420. INCREASED PENALTY FOR INTERSTATE GUN TRAFFICKING. * * Section 924 of title 18, United States Code, as amended by section * *417(a), is amended by adding at the end the following new subsection: * * "(n) A person who, with the intent to engage in conduct that * *constitutes a violation of section 922(a)(1)(A), travels from any State * *or foreign country into any other State and acquires, or attempts to * *acquire, a firearm in such other State in furtherance of such purpose * *shall be imprisoned for not more than 10 years.". * *TITLE V-OBSTRUCTION OF JUSTICE * *SEC. 501. PROTECTION OF COURT OFFICERS AND JURORS. * * Section 1503 of title 18, United States Code, is amended- * * (1) by inserting "(a)" before "Whoever"; * * (2) by striking "fined not more than $5,000 or imprisoned not more* * than five years, or both." and inserting "punished as provided in * * subsection (b)."; * * (3) by adding at the end the following new subsection: * * "(b) The punishment for an offense under this section is- * * "(1) in the case of a killing, the punishment provided in sections* * 1111 and 1112; * * "(2) in the case of an attempted killing, or a case in which the * * offense was committed against a petit juror and in which a class A * * or B felony was charged, imprisonment for not more than 20 years; * * and * * "(3) in any other case, imprisonment for not more than 10 years.";* * and * * (4) in subsection (a), as designated by paragraph (1), by striking* * "commissioner" each place it appears and inserting "magistrate * * judge". * *SEC. 502. PROHIBITION OF RETALIATORY KILLINGS OF WITNESSES, VICTIMS AND * *INFORMANTS. * * Section 1513 of title 18, United States Code, is amended- * * (1) by redesignating subsections (a) and (b) as subsections (b) * * and (c), respectively; and * * (2) by inserting after the section heading the following new * * subsection: * * "(a)(1) Whoever kills or attempts to kill another person with intent * *to retaliate against any person for- * * "(A) the attendance of a witness or party at an official * * proceeding, or any testimony given or any record, document, or other* * object produced by a witness in an official proceeding; or * * "(B) any information relating to the commission or possible * * commission of a Federal offense or a violation of conditions of * * probation, parole, or release pending judicial proceedings given by * * a person to a law enforcement officer; shall be punished as provided* * in paragraph (2). * * "(2) The punishment for an offense under this subsection is- * * "(A) in the case of a killing, the punishment provided in sections* * 1111 and 1112; and * * "(B) in the case of an attempt, imprisonment for not more than 20 * * years.". * *SEC. 503. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES. * * Section 3432 of title 18, United States Code, is amended by inserting * *before the period the following: ", except that such list of the * *veniremen and witnesses need not be furnished if the court finds by a * *preponderance of the evidence that providing the list may jeopardize the* *life or safety of any person". * *SEC. 504. DEATH PENALTY FOR THE MURDER OF STATE OFFICIALS ASSISTING * *FEDERAL LAW ENFORCEMENT OFFICIALS. * * (a) IN GENERAL.-Chapter 51 of title 18, United States Code, as amended* *by section 112(a), is amended by adding at the end the following new * *section: * *" 1120. Killing persons aiding Federal investigations * * "A person who intentionally kills- * * "(1) a State or local official, law enforcement officer, or other * * officer or employee while working with Federal law enforcement * * officials in furtherance of a Federal criminal investigation- * * "(A) while the victim is engaged in the performance of * * official duties; * * "(B) because of the performance of the victim's official * * duties; or * * "(C) because of the victim's status as a public servant; or * * "(2) any person assisting a Federal criminal investigation, while * * that assistance is being rendered and because of it, * *shall be sentenced as provided in section 1111, including by sentence of* *death or by imprisonment for life.". * * (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 51 of title * *18, United States Code, as amended by section 112(b), is amended by * *adding at the end the following new item: * *"1120. Killing persons aiding Federal investigations.". * *SEC. 505. DEATH PENALTY FOR MURDER OF FEDERAL WITNESSES. * * Section 1512(a)(2)(A) of title 18, United States Code, is amended to * *read as follows: * * "(A) in the case of murder (as defined in section 1111), the death* * penalty or imprisonment for life, and in the case of any other * * killing, the punishment provided in section 1112;". * *TITLE VI-GANGS, JUVENILES, DRUGS, AND PROSECUTORS * *SEC. 601. SHORT TITLE. * * This title may be cited as the "Anti-Gang and Youth Protection Act of * *1993". * *Subtitle A-Criminal Youth Gangs * *SEC. 611. CRIMINAL STREET GANGS OFFENSES. * * (a) OFFENSE.-TITLE 18, UNITED STATES CODE, IS AMENDED BY INSERTING * *AFTER CHAPTER 93 THE FOLLOWING NEW CHAPTER: * *"CHAPTER 94-PROHIBITED PARTICIPATION IN CRIMINAL STREET GANGS AND GANG * *CRIME * *"Sec. * *"1930. Crimes in furtherance of gangs. * *"1931. Prohibited activity. * *"1932. Penalties. * *"1933. Joinder. * *"1930. Crimes in furtherance of gangs * * "(a) FINDINGS.-THE CONGRESS MAKES THE FOLLOWING FINDINGS: * * "(1) CRIMINAL STREET GANGS HAVE BECOME INCREASINGLY PREVALENT AND * * ENTRENCHED IN OUR SOCIETY IN THE LAST SEVERAL DECADES. IN MANY AREAS* * OF THE COUNTRY, THESE GANGS EXERT CONSIDERABLE CONTROL OVER OTHER * * MEMBERS OF THEIR COMMUNITY, PARTICULARLY THROUGH THE USE OF VIOLENCE* * AND DRUGS. CRIMINAL STREET GANGS HAVE ALSO BECOME MORE NATIONAL IN * * SCOPE, EXTENDING THEIR INFLUENCE BEYOND THE URBAN AREAS IN WHICH * * THEY ORIGINATED. * * "(2) THE MAJOR ACTIVITIES OF CRIMINAL STREET GANGS ARE CRIMES OF * * VIOLENCE AND THE DISTRIBUTION AND USE OF ILLEGAL DRUGS. IT IS * * THROUGH THESE ACTIVITIES THAT CRIMINAL STREET GANGS DIRECTLY AFFECT * * INTERSTATE AND FOREIGN COMMERCE, EVEN WHEN THEIR PARTICULAR * * ACTIVITIES, VIEWED IN ISOLATION, APPEAR TO BE PURELY INTRASTATE IN * * CHARACTER. * * "(B) BASIS FOR CHAPTER.-ON THE BASIS OF THE FINDINGS STATED IN * *SUBSECTION (A), THE CONGRESS DETERMINES THAT THE PROVISIONS OF THIS * *CHAPTER ARE NECESSARY AND PROPER FOR THE PURPOSE OF CARRYING INTO * *EXECUTION THE POWERS OF CONGRESS TO REGULATE COMMERCE AND TO ESTABLISH * *CRIMINAL LAW. * *"1931. Prohibited activity * * "(a) DEFINITIONS.-IN THIS CHAPTER- * * "'CRIMINAL STREET GANG' MEANS AN ORGANIZATION OR GROUP OF 5 OR * * MORE PERSONS, WHETHER FORMAL OR INFORMAL, WHO ACT IN CONCERT, OR * * AGREE TO ACT IN CONCERT, FOR A PERIOD IN EXCESS OF 30 DAYS, WITH A * * PURPOSE THAT ANY OF THOSE PERSONS ALONE, OR IN ANY COMBINATION, * * COMMIT OR WILL COMMIT, 2 OR MORE PREDICATE GANG CRIMES, 1 OF WHICH * * MUST OCCUR AFTER THE DATE OF ENACTMENT OF THIS CHAPTER AND THE LAST * * OF WHICH OCCURRED WITHIN 10 YEARS (EXCLUDING ANY PERIOD OF * * IMPRISONMENT) AFTER THE COMMISSION OF A PRIOR PREDICATE GANG CRIME. * * "'PARTICIPATE IN A CRIMINAL STREET GANG' MEANS TO ACT IN CONCERT * * WITH A CRIMINAL STREET GANG WITH INTENT TO COMMIT, OR WITH THE * * INTENT THAT ANY OTHER PERSON ASSOCIATED WITH THE CRIMINAL STREET * * GANG WILL COMMIT, 1 OR MORE PREDICATE GANG CRIMES. * * "'PREDICATE GANG CRIME' MEANS- * * "(A) ANY ACT OR THREAT, OR ATTEMPTED ACT OR THREAT, WHICH IS * * CHARGEABLE UNDER FEDERAL OR STATE LAW AND PUNISHABLE BY * * IMPRISONMENT FOR MORE THAN 1 YEAR, INVOLVING MURDER, ATTEMPTED * * MURDER, VOLUNTARY MANSLAUGHTER, KIDNAPPING, ROBBERY, EXTORTION, * * ARSON, OBSTRUCTION OF JUSTICE, TAMPERING WITH OR RETALIATING * * AGAINST A WITNESS, VICTIM, OR INFORMANT, OR MANUFACTURING, * * IMPORTING, RECEIVING, CONCEALING, PURCHASING, SELLING, * * POSSESSING, OR OTHERWISE DEALING IN A CONTROLLED SUBSTANCE OR * * CONTROLLED SUBSTANCE ANALOGUE (AS THOSE TERMS ARE DEFINED IN * * SECTION 102 OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 802)); * * "(B) ANY ACT PUNISHABLE BY IMPRISONMENT FOR MORE THAN 1 YEAR * * UNDER SECTION 922 OR 924 (A)(2), (B), (C), (G), OR (H) (RELATING* * TO RECEIPT, POSSESSION, AND TRANSFER OF FIREARMS), SECTION 1503 * * (RELATING TO OBSTRUCTION OF JUSTICE), SECTION 1510 (RELATING TO * * OBSTRUCTION OF CRIMINAL INVESTIGATIONS), SECTION 1512 (RELATING * * TO TAMPERING WITH A WITNESS, VICTIM, OR INFORMANT), OR SECTION * * 1513 (RELATING TO RETALIATING AGAINST A WITNESS, VICTIM, OR * * INFORMANT); OR * * "(C) ANY ACT PUNISHABLE UNDER SUBSECTION (B)(5). * * "'STATE' MEANS A STATE, THE DISTRICT OF COLUMBIA, AND ANY * * COMMONWEALTH, TERRITORY, OR POSSESSION OF THE UNITED STATES. * * "(B) UNLAWFUL ACTS.-IT SHALL BE UNLAWFUL- * * "(1) TO COMMIT, OR TO ATTEMPT TO COMMIT, A PREDICATE GANG CRIME * * WITH INTENT TO PROMOTE OR FURTHER THE ACTIVITIES OF A CRIMINAL * * STREET GANG OR FOR THE PURPOSE OF GAINING ENTRANCE TO OR MAINTAINING* * OR INCREASING POSITION IN SUCH A GANG; * * "(2) TO PARTICIPATE, OR ATTEMPT TO PARTICIPATE, IN A CRIMINAL * * STREET GANG, OR CONSPIRE TO DO SO; * * "(3) TO COMMAND, COUNSEL, PERSUADE, INDUCE, ENTICE, OR COERCE ANY * * INDIVIDUAL TO PARTICIPATE IN A CRIMINAL STREET GANG; * * "(4) TO EMPLOY, USE, COMMAND, COUNSEL, PERSUADE, INDUCE, ENTICE, * * OR COERCE ANY INDIVIDUAL TO COMMIT, CAUSE TO COMMIT, OR FACILITATE * * THE COMMISSION OF, A PREDICATE GANG CRIME, WITH INTENT TO PROMOTE * * THE ACTIVITIES OF A CRIMINAL STREET GANG OR FOR THE PURPOSE OF * * GAINING ENTRANCE TO OR MAINTAINING OR INCREASING POSITION IN SUCH A * * GANG; OR * * "(5) TO USE ANY COMMUNICATION FACILITY, AS DEFINED IN SECTION * * 403(B) OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 843(B)), IN * * CAUSING OR FACILITATING THE COMMISSION, OR ATTEMPTED COMMISSION, OF * * A PREDICATE GANG CRIME WITH INTENT TO PROMOTE OR FURTHER THE * * ACTIVITIES OF A CRIMINAL STREET GANG OR FOR THE PURPOSE OF GAINING * * ENTRANCE TO OR MAINTAINING OR INCREASING POSITION IN SUCH A GANG. * * EACH SEPARATE USE OF A COMMUNICATION FACILITY SHALL BE A SEPARATE * * OFFENSE UNDER THIS SUBSECTION. * *"1932. Penalties * * "(a) PENALTIES OF UP TO 20 YEARS OR LIFE IMPRISONMENT.-A PERSON WHO * *VIOLATES SECTION 1931(B) (1) OR (2) SHALL BE PUNISHED BY IMPRISONMENT * *FOR NOT MORE THAN 20 YEARS, OR BY IMPRISONMENT FOR ANY TERM OF YEARS OR * *FOR LIFE IF THE VIOLATION IS BASED ON A PREDICATE GANG CRIME FOR WHICH * *THE MAXIMUM PENALTY INCLUDES LIFE IMPRISONMENT, AND IF A PERSON COMMITS * *SUCH A VIOLATION AFTER 1 OR MORE PRIOR CONVICTIONS FOR SUCH A PREDICATE * *GANG CRIME, THAT IS NOT PART OF THE INSTANT VIOLATION, SUCH PERSON SHALL* *BE SENTENCED TO A TERM OF IMPRISONMENT WHICH SHALL NOT BE LESS THAN 10 * *YEARS AND WHICH MAY BE FOR ANY TERM OF YEARS EXCEEDING 10 YEARS OR FOR * *LIFE. * * "(B) PENALTIES BETWEEN 5 AND 10 YEARS.-A PERSON WHO VIOLATES SECTION * *1931(B) (3) OR (4) SHALL BE SENTENCED TO IMPRISONMENT FOR NOT LESS THAN * *5 NOR MORE THAN 10 YEARS, AND IF A PERSON WHO WAS THE SUBJECT OF THE ACT* *WAS LESS THAN 18 YEARS OF AGE, TO IMPRISONMENT FOR 10 YEARS. A TERM OF * *IMPRISONMENT UNDER THIS SUBSECTION SHALL RUN CONSECUTIVELY TO ANY OTHER * *TERM OF IMPRISONMENT, INCLUDING THAT IMPOSED FOR ANY OTHER VIOLATION OF * *THIS CHAPTER. * * "(C) PENALTIES OF UP TO 5 YEARS.-A PERSON WHO VIOLATES SECTION * *1931(B)(5) SHALL BE PUNISHED BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS. * * "(D) ADDITIONAL PENALTIES.- * * "(1) IN GENERAL.-IN ADDITION TO THE OTHER PENALTIES AUTHORIZED BY * * THIS SECTION- * * "(A) A PERSON WHO VIOLATES SECTION 1931(B) (1) OR (2), 1 OF * * WHOSE PREDICATE GANG CRIMES INVOLVES MURDER OR CONSPIRACY TO * * COMMIT MURDER WHICH RESULTS IN THE TAKING OF A LIFE, AND WHO * * COMMITS, COUNSELS, COMMANDS, INDUCES, PROCURES, OR CAUSES THAT * * MURDER, SHALL BE PUNISHED BY DEATH OR BY IMPRISONMENT FOR LIFE; * * "(B) A PERSON WHO VIOLATES SECTION 1931(B) (1) OR (2), 1 OF * * WHOSE PREDICATE GANG CRIMES INVOLVES ATTEMPTED MURDER OR * * CONSPIRACY TO COMMIT MURDER, SHALL BE SENTENCED TO A TERM OF * * IMPRISONMENT WHICH SHALL NOT BE LESS THAN 20 YEARS AND WHICH MAY* * BE FOR ANY TERM OF YEARS EXCEEDING 20 YEARS OR FOR LIFE; AND * * "(C) A PERSON WHO VIOLATES SECTION 1931(B) (1) OR (2), AND WHO* * AT THE TIME OF THE OFFENSE OCCUPIED A POSITION OF ORGANIZER OR * * SUPERVISOR, OR OTHER POSITION OF MANAGEMENT IN THAT STREET GANG,* * SHALL BE SENTENCED TO A TERM OF IMPRISONMENT WHICH SHALL NOT BE * * LESS THAN 15 YEARS AND WHICH MAY BE FOR ANY TERM OF YEARS * * EXCEEDING 15 YEARS OR FOR LIFE. * * "(2) PRESUMPTION.-FOR PURPOSES OF PARAGRAPH (1)(C), IF IT IS SHOWN* * THAT THE DEFENDANT COUNSELED, COMMANDED, INDUCED, OR PROCURED 5 OR * * MORE INDIVIDUALS TO PARTICIPATE IN A STREET GANG, THERE SHALL BE A * * REBUTTABLE PRESUMPTION THAT THE DEFENDANT OCCUPIED A POSITION OF * * ORGANIZER, SUPERVISOR, OR OTHER POSITION OF MANAGEMENT IN THE GANG. * * "(E) FORFEITURE.- * * "(1) IN GENERAL.-A PERSON WHO VIOLATES SECTION 1931(B) (1) OR (2) * * SHALL, IN ADDITION TO ANY OTHER PENALTY AND IRRESPECTIVE OF ANY * * PROVISION OF STATE LAW, FORFEIT TO THE UNITED STATES- * * "(A) ANY PROPERTY CONSTITUTING, OR DERIVED FROM, ANY PROCEEDS * * THE PERSON OBTAINED, DIRECTLY OR INDIRECTLY, AS A RESULT OF THE * * VIOLATION; AND * * "(B) ANY PROPERTY USED, OR INTENDED TO BE USED, IN ANY MANNER * * OR PART, TO COMMIT, OR TO FACILITATE THE COMMISSION OF, THE * * VIOLATION. * * "(2) APPLICATION OF CONTROLLED SUBSTANCES ACT.-SECTION 413 (B), * * (C), (E), (F), (G), (H), (I), (J), (K), (L), (M), (N), (O), AND (P) * * OF THE CONTROLLED SUBSTANCES ACT (21 U.S.C. 853 (B), (C), AND (E), * * (F), (G), (H), (I), (J), (K), (L), (M), (N), (O), AND (P)) SHALL * * APPLY TO A FORFEITURE UNDER THIS SECTION. * *"1933. Joinder * * "In a prosecution of an offense under this chapter charging a * *conspiracy to commit an offense, the trial of all of the alleged * *conspirators shall be joined in a single district court, and a motion to* *transfer shall not be granted unless the interest of justice so * *requires."; * * (b) TECHNICAL AMENDMENT.-THE PART ANALYSIS FOR PART I OF TITLE 18, * *UNITED STATES CODE, IS AMENDED BY INSERTING AFTER THE ITEM FOR CHAPTER * *93 THE FOLLOWING NEW ITEM: * *"94. Prohibited participation in criminal street gangs and gang * *crimes1930".* * (c) SENTENCING GUIDELINES INCREASE FOR GANG CRIMES.-(1) THE UNITED * *STATES SENTENCING COMMISSION SHALL AT THE EARLIEST OPPORTUNITY AMEND THE* *SENTENCING GUIDELINES TO INCREASE BY AT LEAST 4 LEVELS THE BASE OFFENSE * *LEVEL FOR ANY FELONY COMMITTED FOR THE PURPOSE OF GAINING ENTRANCE INTO,* *OR MAINTAINING OR INCREASING POSITION IN, A CRIMINAL STREET GANG. FOR * *PURPOSES OF THIS SUBSECTION, "CRIMINAL STREET GANG" MEANS ANY * *ORGANIZATION, OR GROUP, OF 5 OR MORE INDIVIDUALS, WHETHER FORMAL OR * *INFORMAL, WHO ACT IN CONCERT, OR AGREE TO ACT IN CONCERT, FOR A PERIOD * *IN EXCESS OF 30 DAYS, WITH THE INTENT THAT ANY OF THOSE INDIVIDUALS * *ALONE, OR IN ANY COMBINATION, COMMIT OR WILL COMMIT, 2 OR MORE ACTS * *PUNISHABLE UNDER STATE OR FEDERAL LAW BY IMPRISONMENT FOR MORE THAN 1 * *YEAR. * * (2) THE UNITED STATES SENTENCING COMMISSION SHALL REVIEW AND, IF * *NECESSARY, AMEND ITS SENTENCING GUIDELINES TO PROVIDE THAT ACTIVITY OF A* *DEFENDANT AS AN ORGANIZER OR LEADER OF A CRIMINAL STREET GANG SHALL BE * *AN AGGRAVATING FACTOR IN DETERMINING A SENTENCE FOR AN OFFENSE UNDER * *CHAPTER 26 OF TITLE 18, UNITED STATES CODE. * *SEC. 612. CRIMES INVOLVING THE USE OF MINORS AS RICO PREDICATES. * * Section 1961(1) of title 18, United States Code, is amended- * * (1) by striking "or" before "(E)"; and * * (2) by inserting before the semicolon at the end of the paragraph * * the following: ", or (F) any offense against the United States that * * is punishable by imprisonment for more than 1 year and that involved* * the use of a person below the age of 18 years in the commission of * * the offense". * *SEC. 613. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT * *PREDICATES. * * Section 924(e)(2)(A) of title 18, United States Code, is amended- * * (1) by striking "or" at the end of clause (i); * * (2) by striking "and" at the end of clause (ii) and inserting * * "or"; and * * (3) by adding at the end the following: * * "(iii) any act of juvenile delinquency that if committed * * by an adult would be a serious drug offense described in * * this paragraph; and". * *SEC. 614. ADULT PROSECUTION OF SERIOUS JUVENILE OFFENDERS. * * Section 5032 of title 18, United States Code, is amended- * * (1) in the first undesignated paragraph- * * (A) by striking "an offense described in section 401 of the * * Controlled Substances Act (21 U.S.C 841), or section 1002(a), * * 1003, 1005, 1009, or 1010(b)(1), (2), or (3) of the Controlled * * Substances Import and Export Act (21 U.S.C. 952(a), 953, 955, * * 959, 960(b)(1), (2), (3))," and inserting "an offense (or a * * conspiracy or attempt to commit an offense) described in section* * 401, or 404 (insofar as the violation involves more than 5 grams* * of a mixture or substance which contains cocaine base), of the * * Controlled Substances Act (21 U.S.C. 841, 844, or 846), section * * 1002(a), 1003, 1005, 1009, 1010(b)(1), (2), or (3), of the * * Controlled Substances Import and Export Act (21 U.S.C. 952(a), * * 953, 955, 959, 960(b)(1), (2), or (3), or 963),"; and * * (B) by striking "922(p)" and inserting "924(b), (g), or (h)"; * * (2) in the fourth undesignated paragraph- * * (A) by striking "an offense described in section 401 of the * * Controlled Substances Act (21 U.S.C. 841), or section 1002(a), * * 1005, or 1009 of the Controlled Substances Import and Export Act* * (21 U.S.C. 952(a), 955, 959)" and inserting "an offense (or a * * conspiracy or attempt to commit an offense) described in section* * 401, or 404 (insofar as the violation involves more than 5 grams* * of a mixture or substance which contains cocaine base), of the * * Controlled Substances Act (21 U.S.C. 841, 844, or 846), section * * 1002(a), 1005, 1009, 1010(b)(1), (2), or (3), of the Controlled * * Substances Import and Export Act (21 U.S.C. 952(a), 955, 959, * * 960(b)(1), (2), or (3), or 963), or section 924(b), (g), or (h) * * of this title,"; and * * (B) by striking "subsection (b)(1)(A), (B), or (C), (d), or * * (e) of section 401 of the Controlled Substances Act, or section * * 1002(a), 1003, 1009, or 1010(b)(1), (2), or (3) of the * * Controlled Substances Import and Export Act (21 U.S.C. 952(a), * * 953, 959, 960(b)(1), (2), (3))" and inserting "or an offense (or* * conspiracy or attempt to commit an offense) described in section* * 401(b)(1)(A), (B), or (C), (d), or (e), or 404 (insofar as the * * violation involves more than 5 grams of a mixture or substance * * which contains cocaine base), of the Controlled Substances Act * * (21 U.S.C. 841(b)(1)(A), (B), or (C), (d), or (e), 844, or 846) * * or section 1002(a), 1003, 1009, 1010(b)(1), (2), or (3) of the * * Controlled Substances Import and Export Act (21 U.S.C. 952(a), * * 953, 959, 960(b)(1), (2), or (3), or 963)"; and * * (3) in the fifth undesignated paragraph by adding at the end the * * following: "In considering the nature of the offense, as required by* * this paragraph, the court shall consider the extent to which the * * juvenile played a leadership role in an organization, or otherwise * * influenced other persons to take part in criminal activities, * * involving the use or distribution of controlled substances or * * firearms. Such a factor, if found to exist, shall weigh heavily in * * favor of a transfer to adult status, but the absence of this factor * * shall not preclude such a transfer.". * *SEC. 615. INCREASED PENALTIES FOR EMPLOYING CHILDREN TO DISTRIBUTE DRUGS* *NEAR SCHOOLS AND PLAYGROUNDS. * * Section 419 of the Controlled Substances Act (21 U.S.C. 860) is * *amended- * * (1) by redesignating subsections (c) and (d) as subsections (d) * * and (e), respectively; and * * (2) by inserting after subsection (b) the following new * * subsection: * * "(c) Notwithstanding any other law, any person at least 18 years of * *age who knowingly and intentionally- * * "(1) employs, hires, uses, persuades, induces, entices, or coerces* * a person under 18 years of age to violate this section; or * * "(2) employs, hires, uses, persuades, induces, entices, or coerces* * a person under 18 years of age to assist in avoiding detection or * * apprehension for any offense under this section by any Federal, * * State, or local law enforcement official, * *is punishable by a term of imprisonment, a fine, or both, up to triple * *those authorized by section 401.". * *SEC. 616. INCREASED PENALTIES FOR DRUG TRAFFICKING NEAR PUBLIC HOUSING. * * Section 419 of the Controlled Substances Act (21 U.S.C. 860) is * *amended- * * (1) in subsection (a) by striking "playground, or within" and * * inserting "playground, or housing facility owned by a public housing* * authority, or within"; and * * (2) in subsection (b) by striking "playground, or within" and * * inserting "playground, or housing facility owned by a public housing* * authority, or within". * *SEC. 617. INCREASED PENALTIES FOR TRAVEL ACT CRIMES INVOLVING VIOLENCE * *AND CONSPIRACY TO COMMIT CONTRACT KILLINGS. * * (a) TRAVEL ACT PENALTIES.-SECTION 1952(A) OF TITLE 18, UNITED STATES * *CODE, IS AMENDED BY STRIKING "AND THEREAFTER PERFORMS OR ATTEMPTS TO * *PERFORM ANY OF THE ACTS SPECIFIED IN SUBPARAGRAPHS (1), (2), AND (3), * *SHALL BE FINED NOT MORE THAN $10,000 OR IMPRISONED FOR NOT MORE THAN * *FIVE YEARS, OR BOTH." AND INSERTING "AND THEREAFTER PERFORMS OR ATTEMPTS* *TO PERFORM- * * "(A) AN ACT DESCRIBED IN PARAGRAPH (1) OR (3) SHALL BE FINED UNDER* * THIS TITLE, IMPRISONED NOT MORE THAN 5 YEARS, OR BOTH; OR * * "(B) AN ACT DESCRIBED IN PARAGRAPH (2) SHALL BE FINED UNDER THIS * * TITLE, IMPRISONED FOR NOT MORE THAN 20 YEARS, OR BOTH, AND IF DEATH * * RESULTS SHALL BE IMPRISONED FOR ANY TERM OF YEARS OR FOR LIFE.". * * (B) MURDER CONSPIRACY PENALTIES.-SECTION 1958(A) OF TITLE 18, UNITED * *STATES CODE, IS AMENDED BY INSERTING "OR WHO CONSPIRES TO DO SO" BEFORE * *"SHALL BE FINED" THE FIRST PLACE IT APPEARS. * *SEC. 618. AMENDMENTS CONCERNING RECORDS OF CRIMES COMMITTED BY * *JUVENILES. * * (a) Section 5038 of title 18, United States Code, is amended by * *striking subsections (d) and (f), redesignating subsection (e) as * *subsection (d), and by adding at the end new subsections (e) and (f) as * *follows: * * "(e) Whenever a juvenile has been found guilty of committing an act * *which if committed by an adult would be an offense described in clause * *(3) of the first paragraph of section 5032 of this title, the juvenile * *shall be fingerprinted and photographed, and the fingerprints and * *photograph shall be sent to the Federal Bureau of Investigation, * *Identification Division. The court shall also transmit to the Federal * *Bureau of Investigation, Identification Division, the information * *concerning the adjudication, including name, date of adjudication, * *court, offenses, and sentence, along with the notation that the matter * *was a juvenile adjudication. The fingerprints, photograph, and other * *records and information relating to a juvenile described in this * *subsection, or to a juvenile who is prosecuted as an adult, shall be * *made available in the manner applicable to adult defendants. * * "(f) In addition to any other authorization under this section for the* *reporting, retention, disclosure, or availability of records or * *information, if the law of the State in which a Federal juvenile * *delinquency proceeding takes place permits or requires the reporting, * *retention, disclosure, or availability of records or information * *relating to a juvenile or to a juvenile delinquency proceeding or * *adjudication in certain circumstances, then such reporting, retention, * *disclosure, or availability is permitted under this section whenever the* *same circumstances exist.". * * (b) Section 3607 of title 18, United States Code, is repealed, and the* *corresponding item in the chapter analysis for chapter 229 of title 18 * *is deleted. * * (c) Section 401(b)(4) of the Controlled Substances Act (21 U.S.C. * *841(b)(4)) is amended by striking "and section 3607 of title 18". * *SEC. 619. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING OBJECTIVE. * * Section 501(b) of title I of the Omnibus Crime Control and Safe * *Streets Act of 1968 (42 U.S.C. 3751) is amended- * * (1) in paragraph (20) by striking "and" at the end; * * (2) in paragraph (21) by striking the period and inserting "; * * and"; and * * (3) by inserting after paragraph (21) the following new paragraph:* * "(22) law enforcement and prevention programs relating to gangs, * * or to youth who are involved or at risk of involvement in gangs.". * *Subtitle B-Gang Prosecution * *SEC. 621. ADDITIONAL PROSECUTORS. * * There is authorized to be appropriated $20,000,000 for each of fiscal * *years 1994, 1995, 1996, 1997, and 1998 for the hiring of additional * *Assistant United States Attorneys to prosecute violent youth gangs. * *SEC. 622. GANG INVESTIGATION COORDINATION AND INFORMATION COLLECTION. * * (a) COORDINATION.-THE ATTORNEY GENERAL (OR THE ATTORNEY GENERAL'S * *DESIGNEE), IN CONSULTATION WITH THE SECRETARY OF THE TREASURY (OR THE * *SECRETARY'S DESIGNEE), SHALL DEVELOP A NATIONAL STRATEGY TO COORDINATE * *GANG-RELATED INVESTIGATIONS BY FEDERAL LAW ENFORCEMENT AGENCIES. * * (B) DATA COLLECTION.-THE DIRECTOR OF THE FEDERAL BUREAU OF * *INVESTIGATION SHALL ACQUIRE AND COLLECT INFORMATION ON INCIDENTS OF GANG* *VIOLENCE FOR INCLUSION IN AN ANNUAL UNIFORM CRIME REPORT. * * (C) REPORT.-THE ATTORNEY GENERAL SHALL PREPARE A REPORT ON NATIONAL * *GANG VIOLENCE OUTLINING THE STRATEGY DEVELOPED UNDER SUBSECTION (A) TO * *BE SUBMITTED TO THE PRESIDENT AND CONGRESS BY JANUARY 1, 1995. * * (D) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE * *APPROPRIATED TO CARRY OUT THIS SECTION $1,000,000 FOR FISCAL YEAR 1994. * *SEC. 623. CONTINUATION OF FEDERAL-STATE FUNDING FORMULA. * * Section 504(a)(1) of title I of the Omnibus Crime and Safe Streets Act* *of 1968 (42 U.S.C. 3754(a)(1)) is amended by striking "1992" and * *inserting "1993". *