[Pages S4063-S4072]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. BINGAMAN (for himself, Mr. Daschle and Mr. Dorgan):
S. 1697. A bill to amend the independent counsel statute to require
that an individual appointed to be an independent counsel must agree to
suspend any outside legal work or affiliation with a law firm until the
individual's service as independent counsel is complete; to the
Committee on Governmental Affairs.

the independent counsel amendment act of 1996

Mr. BINGAMAN. Mr. President, I rise to introduce legislation on
behalf of the distinguished Minority leader and myself that amends the
independent counsel statute.
In my opinion recent events have made clear that Congress should
review the statute providing for the appointment of an independent
counsel. The specific problem that concerns me, and which my bill will
address, is the perception that an independent counsel who continues to
practice law and represent clients while serving as independent counsel
opens himself or herself to charges of conflict of interest resulting
from continued representation of private clients.
The bill I am introducing today amends the independent counsel
statute to eliminate the possibility that such a conflict of interest
will arise by requiring that, upon assuming the duties of independent
counsel, an attorney refrain from representing clients until her duties
as independent counsel have been completed. Additionally, my bill
requires that the independent counsel not receive any compensation for
affiliating with or being employed by an entity that provides
professional legal services during the time of their service as
independent counsel.
This bill would not apply to the current independent counsel
investigating the Whitewater matter. It would only apply to independent
counsels appointed after the effective date of this legislation.
Mr. President, as my friend and colleague from Arkansas, Senator
Pryor pointed out yesterday, the Washington Post reported that the
current independent counsel, Mr. Starr, has retained the services of
Sam Dash, former chief counsel to the Senate Watergate Committee and a
noted scholar on issues relating to legal ethics to advise Mr. Starr on
matters stemming from his continued affiliation with his law firm and
continued representation of clients.
Setting aside for a moment the fact that Mr. Starr has seen fit to
retain Mr. Dash on a part-time basis at a cost to the taxpayers of over
$166,000, it strikes many as a little odd, Mr. President, that
an independent counsel has for the first time hired someone to advise
him on what is ethical and what is not. It is my understanding from
published reports in the Washington Post, the New Yorker, and other
sources,

[[Page S4064]]

that the primary ``ethical'' concern that Mr. Dash is advising the
Whitewater independent counsel on, is related to issues that have
arisen as a result of Mr. Starr's continued private practice of law and
his continued representation of clients who, at the very least, have
agendas that are diametrically opposed to one of the primary targets of
the Whitewater investigation--the Clinton administration. Commenting on
the issues that have been raised by Mr. Starr's involvement with the
Bradley Foundation, a conservative foundation that gives money to many
virulent critics of the Clinton administration, Ellen Miller, executive
director of the Center for Responsive Politics said, ``But you don't
have to scratch far beneath the surface to find not just one but many,
many, many conflicts of interest.''

Mr. President, I am not here to judge the numerous allegations of
conflicts of interests that have been brought against the current
Whitewater independent counsel. Those issues need to be addressed by
the special panel of judges from the U.S. Court of Appeals for the
District of Columbia which appointed Mr. Starr. However, I do think
that the Congress has an opportunity and indeed the obligation to
ensure that the current troubles plaguing Mr. Starr do not plague
future independent counsels.
Mr. President, I think that too often we search for complicated
solutions to simple problems. We devise complex mechanisms to deal with
rather straightforward issues. I believe that we can and should avoid
doing that in this case. My legislation addresses a serious concern
with a simple and straightforward response. Potential conflicts of
interest resulting from continued, outside employment by a law firm and
from representation of outside clients can be avoided by simply
requiring that the independent counsel devote her fulltime attention to
the duties of the independent counsel's office.
No one will argue, Mr. President, that the office of independent
counsel has not served an important function since the days of
Watergate. The integrity and impartiality of the office is far too
important to its proper functioning to risk under circumstances like
those swirling around the current Whitewater independent counsel. That
is why I offer this legislation. I am trying by this pro-active
legislation to eliminate the need for other independent counsel to hire
Mr. Dash or anyone else to advise them on potential conflicts of
interest they might have.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1697

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

SECTION 1. STANDARDS OF CONDUCT FOR INDEPENDENT COUNSELS.

Paragraph (1) of section 594(j) of title 28, United States
Code, is amended to read as follows:
``(1) Restrictions on employment while independent counsel
and appointees are serving.--(A) During the period in which
an independent counsel is serving under this chapter, the
independent counsel shall not--
``(i) engage in any legal work other than as required for
service under this chapter; or
``(ii) receive any compensation for affiliating with or
being employed by an entity that provides professional legal
services.
``(B) During the period in which an independent counsel is
serving under this chapter, any person associated with a firm
with which such independent counsel is associated, may not
represent in any matter any person involved in any
investigation or prosecution under this chapter. During the
period in which any person appointed by an independent
counsel under subsection (c) is serving in the office of
independent counsel, such person may not represent in any
matter any person involved in any investigation or
prosecution under this chapter.''.

By Mr. BINGAMAN:
S. 1699. A bill to establish the National Cave and Karst Research
Institute in the State of New Mexico, and for other purposes; to the
Committee on Energy and Natural Resources.

The National Cave and Karst Research Institute Act of 1996

Mr. BINGAMAN. Mr. President, in December 1994, Congress received the
National Cave and Karst Research Institute Study from the National Park
Service. The report studied the feasibility of creating a National Cave
and Karst Research Institute in the vicinity of Carlsbad Caverns
National Park, NM, as directed by Public Law 101-578. Today, I am here
to introduce a bill which follows the guidelines of that report and
which will establish the National Cave and Karst Research Institute in
Carlsbad, NM.
While other nations have recognized the importance of cave resource
management information and have sponsored cave and karst research, the
United States has failed, until recently, to appreciate or work to
understand cave and karst systems and their importance. As we approach
the 21st century, the protection and management of our water resources
has been identified as one of the major issues facing the world. In
America, the majority of the Nation's freshwater is ground water--of
which 25 percent is located in cave and karst regions.
Recent studies have also indicated that caves contain valuable
information related to global climate change, waste disposal, ground
water supply and contamination, petroleum recovery, and biomedical
investigations. Caves provide a unique understanding of the historic
events of humankind. Further they are considered sacred and have
religious significance for American Indians and other native Americans.
According to the Federal Cave Resources Protection Act, karst is
defined as a landform characterized by sinkholes, caves, dry valleys,
fluted rocks, enclosed depressions, underground streamways and spring
resurgences. As a whole, 20 percent of the United States is karst. In
fact, east of central Oklahoma, 40 percent of the country is karst. Our
National Park System manages 58 units with caves and karst features,
yet academic programs on these systems are virtually nonexistent. Most
research is conducted with little or no funding and the resulting data
is scattered and often hard to locate. The few cave and karst
organizations and programs which do exist, have substantially different
missions, locations, and funding sources and there is no centralized
program to analyze data or determine future research needs.
In 1988, Congress directed the Secretaries of the Interior and
Agriculture to provide an inventory of caves on Federal lands and to
provide for the management and dissemination of information about the
caves. That directive has served only to make Federal land management
agencies more aware of the need for a cave research program and a
repository for cave and karst resources. In 1990, Congress further
directed the Secretary of the Interior, through the Director of the
National Park Service, to establish and administer a cave research
program and prepare a proposal for Congress on the feasibility of a
centralized National Cave and Karst Research Institute.
The National Cave and Karst Research Institute study report to
Congress was released in December 1994 and not only supports
establishing the institute, but lists several serious threats to
continued uninformed management practices. Threats such as: alterations
in the surface waterflow patterns in karst regions, alterations in or
pollution of water infiltration routes, inappropriately placed toxic
waste repositories, and poorly managed or designed sewage systems and
landfills. The findings of the report conclude that it is only through
a better understanding of cave resources that we can prevent
detrimental impacts to America's natural resources and cave ecosystems.
The goals of the National Cave and Karst Research Institute, as
outlined in the report, would be to further the science of speleology,
to centralize speleological information, to further interdisciplinary
cooperation in cave and karst research programs, and to promote
environmentally sound, sustainable resource management practices. These
goals would work hand in hand with the proposed objectives of the
institute to establish a comprehensive cave and karst library and
information data base, to sponsor national and international cave and
karst symposiums, to develop longterm research studies, to produce
cave-related educational publications and to develop cooperative
agreements with all Federal agencies having cave management
responsibilities.

[[Page S4065]]

The vicinity of Carlsbad Caverns National Park is ideal due to the
community support which already exists for the establishment of the
institute and the diverse cave and karst resources which are found
throughout the region.
Carlsbad, NM has grown from a small railroad stop on what is now the
Santa Fe Railroad to a growing city with a population of over 170,000
in the tricounty area. It continues to attract new businesses, small
manufacturers, retirees, and research facilities, including the U.S.
Department of Energy's Carlsbad area office. In addition, Carlsbad
Caverns National Park attracts over 700,000 visitors per year.
The National Cave and Karst Research Institute would be jointly
administered by the National Park Service and another public or private
agency, organization or institution as determined by the Secretary. The
Carlsbad Department of Development [CDOD], after reviewing the National
Cave and Karst Research Institute study report, has developed proposals
to obtain financial support from available and supportive
organizational resources--including personnel, facilities, equipment,
and volunteers. They further believe that they can obtain serious
financial support from the private sector and would seek a matching
grant from the State of New Mexico equal to the available Federal
funds.
Carlsbad already has in place many of the needed cooperative
institutions, facilities, and volunteers that will work toward the
success of the National Cave and Karst Institute. I strongly urge my
colleagues to support this legislation to increase our understanding of
cave and karst systems.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1699

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Cave and Karst
Research Institute Act of 1996''.

SEC. 2. PURPOSES.

The purposes of this Act are--
(1) to further the science of speleology;
(2) to centralize and standardize speleological
information;
(3) to foster interdisciplinary cooperation in cave and
karst research programs;
(4) to promote public education;
(5) to promote national and international cooperation in
protecting the environment for the benefit of cave and karst
landforms; and
(6) to promote and develop environmentally sound and
sustainable resource management practices.

SEC. 3. ESTABLISHMENT OF THE INSTITUTE.

(a) In General.--The Secretary of the Interior (referred to
in this Act as the ``Secretary''), acting through the
Director of the National Park Service, shall establish the
National Cave and Karst Research Institute (referred to in
this Act as the ``Institute'').
(b) Purposes.--The Institute shall, to the extent
practicable, further the purposes of this Act.
(c) Location.--The Institute shall be located in the
vicinity of Carlsbad Caverns National Park, in the State of
New Mexico. The Institute shall not be located inside the
boundaries of Carlsbad Caverns National Park.

SEC. 4. ADMINISTRATION OF THE INSTITUTE.

(a) Management.--The Institute shall be jointly
administered by the National Park Service and a public
or private agency, organization, or institution, as
determined by the Secretary.
(b) Guidelines.--The Institute shall be operated and
managed in accordance with the study prepared by the National
Park Service pursuant to section 203 of the Act entitled ``An
Act to conduct certain studies in the State of New Mexico'',
approved November 15, 1990 (Public Law 101-578; 16 U.S.C.
4310 note).
(c) Contracts and Cooperative Agreements.--The Secretary
may enter into a contract or cooperative agreement with a
public or private agency, organization, or institution to
carry out this Act.
(d) Facility.--
(1) Leasing or acquiring a facility.--The Secretary may
lease or acquire a facility for the Institute.
(2) Construction of a facility.--If the Secretary
determines that a suitable facility is not available for a
lease or acquisition under paragraph (1), the Secretary may
construct a facility for the Institute.
(e) Acceptance of Grants and Transfers.--To carry out this
Act, the Secretary may accept--
(1) a grant or donation from a private person;
(2) a transfer of funds from another Federal agency.

SEC. 5. FUNDING.

(a) Matching Funds.--The Secretary may spend only such
amount of Federal funds to carry out this Act as is matched
by an equal amount of funds from non-Federal sources.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this Act.
______

By Mr. HATCH (for himself, Mrs. Feinstein, Mr. Kerry, Mr. Harkin,
Mr. Reid, and Mr. D'Amato):
S. 1700. A bill to reduce interstate street gang and organized crime
activity, and for other purposes; to the Committee on the Judiciary.

the federal gang violence act of 1996

Mr. HATCH. Mr. President, I rise today to introduce the Federal Gang
Violence Act. I am pleased to be joined in this important effort by
Senator Feinstein, as well as by Senators Kerry, Harkin, Reid, and
D'Amato.
Gang violence in many of our communities is reaching frightening
levels. Recently, Asipeli Mohi, a 17-year-old Utahn, was tried and
convicted of the gang-related beating and shooting death of another
teenager, Aaron Chapman. Why was Aaron Chapman murdered? He was wearing
red, apparently the color of a rival gang. Ironically, Mr. Chapman was
on his way home from attending an antigang benefit concert when he was
killed. Before committing this murder, the killer had racked up a
record of 5 felonies and 15 misdemeanors in juvenile court. Sadly, this
example of senseless gang violence is not an isolated incident in my
State or elsewhere. It is a scene replayed daily with disturbing
frequency.
Gang violence is now common even in places where this would have been
unthinkable several years ago. Indeed, many people find it hard to
believe that Salt Lake City or Ogden could have such a problem--gangs,
they think, are a problem in cities like New York, Chicago, and Los
Angeles, but not in our smaller cities.
However, reality is much grimmer. Since 1992, gang activity in Salt
Lake City has increased tremendously. For instance, the number of
identified gangs has increased 55 percent, from 185 to 288, and the
number of gang members has increased 115 percent, from 1,438 to 3,104.
The number of gang-related crimes has increased a staggering 388
percent, from 1,741 in 1992 to 8,496 in 1995. In 1995, 174 of these
involved drive-by shootings, and in the first quarter of 1996 alone,
there were 64 gang-related drive-by shootings.
Our problem is severe. Moreover, there is a significant role the
Federal Government can play in fighting this battle. I am not one to
advocate the unbridled extension of Federal jurisdiction. Indeed, I
often think that we have federalized too many crimes. However, in the
case of criminal street gangs, which increasingly are moving interstate
to commit crimes, there is a very proper role for the Federal
Government to play.
This bill will strengthen the coordinated, cooperative response of
Federal, State, and local law enforcement to criminal street gangs by
providing more flexibility to the Federal partners in this effort.
Among the important provisions of this bill:
This legislation increases the ability of the Federal Government to
prosecute criminal street gangs that operate interstate or commit
Federal or State gang related crimes, by updating the criminal gang and
Travel Act provisions of the Federal criminal code. Under our bill,
these laws will cover criminal activities typically engaged in by
gangs.
Our bill adds a 1- to 10-year sentence for the recruitment of persons
into a gang. Importantly, there are even tougher penalties for
recruiting a minor into a gang, including a 4-year mandatory minimum
sentence.
The bill adds the use of a minor in a crime to the list of offenses
for which a person can be prosecuted under the Federal racketeering
laws, known as RICO.
It enhances the penalties for transferring a handgun to a minor,
knowing that it will be used in a crime of violence; and adds a new
Federal penalty for the use of body armor in the commission of a
Federal crime.
Finally, the legislation we introduce today adds serious juvenile
drug offenses to the list of predicates under

[[Page S4066]]

the Federal Armed Career Criminal Act, and authorizes $20 million over
5 years to hire Federal prosecutors to crack down on criminal gangs.
Mr. President, this legislation is not a panacea for our youth
violence crisis. But it is a large and critical step in addressing this
issue. I look forward to working with my colleagues on this bill, and
urge their support.
Mr. President, I ask unanimous consent that the bill and a section
analysis be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 1700

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Federal Gang Violence Act''.

SEC. 2. INCREASE IN OFFENSE LEVEL FOR PARTICIPATION IN CRIME
AS GANG MEMBER.

(a) Amendment of Sentencing Guidelines.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend chapter 3 of the Federal
Sentencing Guidelines so that, except with respect to
trafficking in cocaine base, if a defendant was a member of a
criminal street gang at the time of the offense, the offense
level is increased by 6 levels.
(2) Construction with other guidelines.--The amendment made
pursuant to paragraph (1) shall provide that the increase in
the offense level shall be in addition to any other
adjustment under chapter 3 of the Federal Sentencing
Guidelines.
(3) Definition.--For purposes of this section, the term
``criminal street gang'' has the meaning given that term in
section 521(a) of title 18, United States Code, as amended by
section 3 of this Act.

SEC. 3. AMENDMENT OF TITLE 18 WITH RESPECT TO CRIMINAL STREET
GANGS.

Section 521 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Definitions.--'' and inserting ``(a)
Definitions.--For purposes of this section the following
definitions shall apply:'';
(B) by striking `` `conviction' '' and inserting the
following:
``(1) Conviction.--The term `conviction' '';
(C) in paragraph (1), as so designated, by striking
``violent or controlled substances felony'' and inserting
``predicate gang crime''; and
(D) by striking `` `criminal street gang' '' and all that
follows through the end of the subsection and inserting the
following:
``(2) Criminal street gang.--The term `criminal street
gang' means an ongoing group, club, organization, or
association of 3 or more persons, whether formal or
informal--
``(A) a primary activity of which is the commission of 1 or
more predicate gang crimes;
``(B) the members of which engage, or have engaged during
the 5-year period preceding the date in question, in a
pattern of criminal activity involving 1 or more predicate
gang crimes; and
``(C) the activities of which affect interstate or foreign
commerce.
``(3) Pattern of criminal activity.--The term `pattern of
criminal activity' means the commission of 2 or more
predicate gang crimes--
``(A) at least 1 of which was committed after the date of
enactment of the Federal Gang Violence Act;
``(B) the last of which was committed not later than 3
years after the commission of another predicate gang crime;
and
``(C) which were committed on separate occasions.
``(4) Predicate gang crime.--The term `predicate gang
crime' means--
``(A) an offense described in subsection (c);
``(B) a State offense--
``(i) involving a controlled substance (as defined in
section 102 of the Controlled Substances Act (21 U.S.C. 802))
for which the maximum penalty is imprisonment for not less
than 5 years; or
``(ii) that is a felony crime of violence that has as an
element the use or attempted use of physical force against
the person of another;
``(C) any Federal or State felony offense that by its
nature involves a substantial risk that physical force
against the person of another may be used in the course of
committing the offense, including--
``(i) assault with a deadly weapon;
``(ii) homicide or manslaughter;
``(iii) shooting at an occupied dwelling or motor vehicle;
``(iv) kidnaping;
``(v) carjacking;
``(vi) robbery;
``(vii) drive-by-shooting;
``(viii) tampering with or retaliating against a witness,
victim, informant, or juror;
``(ix) rape;
``(x) mayhem;
``(xi) torture; and
``(xii) arson;
``(D) any Federal or State offense that is--
``(i) grand theft;
``(ii) burglary;
``(iii) looting;
``(iv) felony extortion;
``(v) possessing a concealed weapon;
``(vi) grand theft auto;
``(vii) money laundering;
``(viii) felony vandalism;
``(ix) unlawful sale of a firearm; or
``(x) obstruction of justice; and
``(E) a conspiracy, attempt, or solicitation to commit any
offense described in subparagraphs (A) through (D).''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``continuing series of
offenses described in subsection (c)'' and inserting
``pattern of criminal activity; and
(B) in paragraph (3), by striking ``years for--'' and all
that follows through the end of the paragraph and inserting
``years for a predicate gang crime.''.

SEC. 4. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN
AID OF CRIMINAL STREET GANGS.

(a) Travel Act Amendments.--
(1) Prohibited conduct and penalties.--Section 1952(a) of
title 18, United States Code, is amended to read as follows:
``(a) Whoever travels in interstate or foreign commerce or
uses the mail or any facility in interstate or foreign
commerce, with intent to--
``(1) distribute the proceeds of any unlawful activity;
``(2) commit any crime of violence to further any unlawful
activity; or
``(3) otherwise promote, manage, establish, carry on, or
facilitate the promotion, management, establishment, or
carrying on, of any unlawful activity,

and thereafter performs, attempts to perform, or conspires to
perform--
``(A) an act described in paragraph (1) or (3) shall be
fined under this title, imprisoned not more than 10 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 sentenced to death or be
imprisoned for any term of years or for life.''.
(2) Unlawful activities.--Section 1952(b) of title 18,
United States Code, is amended to read as follows:
``(b) As used in this section--
``(1) the term `unlawful activity' means--
``(A) activity of a criminal street gang as defined in
section 521 of this title;
``(B) any business enterprise involving gambling, liquor on
which the Federal excise tax has not been paid, narcotics or
controlled substances (as defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)), or prostitution
offenses in violation of the laws of the State in which the
offense is committed or of the United States;
``(C) extortion; bribery; arson; robbery; burglary; assault
with a deadly weapon; retaliation against or intimidation of
witnesses, victims, jurors, or informants; assault resulting
in bodily injury; possession or trafficking of stolen
property; trafficking in firearms; kidnapping; alien
smuggling; shooting at an occupied dwelling or motor vehicle;
or insurance fraud; in violation of the laws of the State in
which the offense is committed or of the United States; or
``(D) any act that is indictable under subchapter II of
chapter 53 of title 31, United States Code, or under section
1956 or 1957 of this title; and
``(2) the term `State' includes a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
(b) Sentencing Guidelines.--Pursuant to its authority under
section 994(p) of title 28, United States Code, the United
States Sentencing Commission shall amend chapter 2 of the
Federal Sentencing Guidelines so that--
(1) the base offense level for traveling in interstate or
foreign commerce in aid of a street gang or other
racketeering enterprise is increased to 12; and
(2) the base offense level for the commission of a violent
crime in aid of a street gang or other racketeering
enterprise is increased to 24.

SEC. 5. SOLICITATION OR RECRUITMENT OF PERSONS IN CRIMINAL
GANG ACTIVITY.

(a) Prohibited Acts.--Chapter 26 of title 18, United States
Code, is amended by adding at the end the following new
section:

``Sec. 522. Recruitment of persons to participate in criminal
gang activity

``(a) Prohibited Act.--It shall be unlawful for any person
to--
``(1) use any facility of, or travel in, interstate or
foreign commerce, or cause another to do so, to solicit,
request, induce, counsel, command, cause or facilitate the
participation of, a person to participate in a criminal
street gang, or otherwise cause another to do so, or conspire
to do so; or
``(2) solicit, request, induce, counsel, command, cause, or
facilitate the participation of a person to engage in crime
for which such person may be prosecuted in a court of the
United States, or otherwise cause another to do so, or
conspire to do so.
``(b) Penalties.--A person who violates subsection (a)
shall--
``(1)(A) if the person is a minor, be imprisoned for not
less than 4 years and not more than 10 years, fined not more
than $250,000, or both; or
``(B) if the person is not a minor, be imprisoned for not
less than 1 year and not more than 10 years, fined not more
than $250,000, or both; and
``(2) be liable for any cost incurred by the Federal
Government or by any State or local

[[Page S4067]]

government for housing, maintaining, and treating the minor
until the minor reaches the age of 18.
``(c) Definitions.--For purposes of this section--
``(1) the term `criminal street gang' has the same meaning
given such term in section 521; and
``(2) the term `minor' means a person who is younger than
18 years of age.''.
(b) Sentencing Guidelines.--Pursuant to its authority under
section 994(p) of title 28, United States Code, the United
States Sentencing Commission shall amend chapter 2 of the
Federal Sentencing Guidelines so that the base offense level
for recruitment of a minor to participate in a gang activity
is 12.
(c) Technical Amendment.--The analysis for chapter 26 of
title 18, United States Code, is amended by adding at the end
the following new item:

``522. Recruitment of persons to participate in criminal gang
activity.''.

SEC. 6. 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 under the
age of 18 years in the commission of the offense''.

SEC. 7. TRANSFER OF FIREARMS TO MINORS FOR USE IN CRIME.

Section 924(h) of title 18, United States Code, is amended
by striking ``10 years, fined in accordance with this title,
or both'' and inserting ``10 years, and if the transferee is
a person who is under 18 years of age, not less than 3 years;
fined under this title; or both''.

SEC. 8. PENALTIES.

Section 924(a) of title 18, United States code, is
amended--
(1) by redesignating paragraph (5), as added by section
110201(b)(2) of the Violent Crime Control and Law Enforcement
Act of 1994, as paragraph (6); and
(2) in paragraph (6), as so redesignated--
(A) by striking subparagraph (A);
(B) in subparagraph (B)--
(i) by striking ``(B) A person other than a juvenile who
knowingly'' and inserting ``(A) A person who knowingly'';
(ii) in clause (i), by striking ``1 year'' and inserting
``not less than 1 year and not more than 5 years''; and
(iii) in clause (ii), by inserting ``not less than 1 year
and'' after ``imprisoned''; and
(C) by adding at the end of the following new subparagraph:
``(B) Notwithstanding subparagraph (A), no mandatory
minimum sentence shall apply to a juvenile who is less than
13 years of age.''.

SEC. 9. THE JAMES GUELFF BODY ARMOR ACT.

(a) In General.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following new
section:

``Sec. 931. Use of body armor in Federal offenses

``(a) Prohibited Activity.--It shall be unlawful to use
body armor in the commission of a Federal crime.
``(b) Applicability.--This section shall not apply if the
Federal crime in which the body armor is used constitutes a
violation of the civil rights of a person by a law
enforcement officer acting under color of the authority of
such law enforcement officer.
``(c) Definitions.--For purposes of this section--
``(1) the term `body armor' means any product sold or
offered for sale as personal protective body covering
intended to protect against gunfire, regardless of whether
the product is to be worn alone or is sold as a complement to
another product or garment; and
``(2) the term `law enforcement officer' means any officer,
agent, or employee of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
``(d) Penalties.--
``(1) Imprisonment.--Whoever knowingly violates this
section shall be imprisoned for a term of 2 years.
``(2) Construction.--A sentence under this paragraph shall
be consecutive to any sentence imposed for the Federal crime
in which the body armor was used.''.
(b) Conforming Amendment.--The analysis for chapter 44 of
title 18, United States Code, is amended by adding at the end
the following new item:

``931. Use of body armor in Federal offenses.''.

SEC. 10. 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 adding ``or'' at the end of clause (ii); and
(3) by adding at the end the following new clause:
``(iii) any act of juvenile delinquency that if committed
by an adult would be an offense described in clause (i) or
(ii);''.

SEC. 11. INCREASE IN TIME LIMITS FOR JUVENILE PROCEEDINGS.

Section 5036 of title 18, United States Code, is amended by
striking ``thirty'' and inserting ``70''.

SEC. 12. APPLYING RACKETEERING OFFENSES TO ALIEN SMUGGLING
AND FIREARMS OFFENSES.

Section 1961(1) of title 18, United States Code, as amended
by section 6 of this Act, is amended by inserting before the
semicolon at the end the following: ``, (G) any act, or
conspiracy to commit any act, in violation of section
274(a)(1)(A), 277, or 278 of the Immigration and Nationality
Act (8 U.S.C. 1324(a)(1)(A), 1327, or 1328), or (H) any act
or conspiracy to commit any act in violation of chapter 44 of
this title (relating to firearms)''.

SEC. 13. USE OF LINGUISTS.

(a) In General.--The Secretary of State shall identify
qualified translators who the Secretary shall identify
qualified translators who the Secretary shall make available
to assist Federal law enforcement agencies in criminal
investigations by monitoring legal wiretaps and translating
recorded conversations.
(b) Emphasis.--In carrying out subsection (a), the
Secretary of State shall place special emphasis on
translators in States in which most criminal street gangs and
organized crime syndicates operate.

SEC. 14. ADDITIONAL PROSECUTORS.

There are authorized to be appropriated $20,000,000 for
each of fiscal years 1997, 1998, 1999, 2000, and 2001 for the
hiring of additional Assistant United States Attorneys to
prosecute violent youth gangs.
____

Summary of the Federal Gang Violence Act

(Senators Orrin Hatch, Dianne Feinstein, John Kerry, Tom Harkin, Harry
Reid, and Alfonse D'Amato, April 24, 1996)

Section 1. Short title
This section identifies the Act as the ``Federal Gang
Violence Act.''
Section 2. Increase in offense level for participation of
crime as gang member
This legislation doubles the penalty for any member of an
organized criminal street gang who commits a federal crime.
Current federal law increases the penalties for organizers,
leaders, managers and supervisors of criminal activity--
including gang leaders--who commit a federal crime. However,
members of known criminal street gangs currently are not
subjected to higher penalties when a federal crime is
committed. Many prosecutors and law enforcement leaders
indicate that gang members--in addition to the leaders and
supervisors of gangs--should see their penalties increased to
provide a stronger deterrent for children to stay away from
gangs.
This legislation amends the Sentencing Guidelines so that
individual gang members convicted of felonies would have
their sentencing level approximately doubled, by adding six
levels to the base offense level for the crime they
committed. Gang leaders and organizers would also have their
sentences increased by six sentencing levels.
There are some examples of the effect of this increase for
gang members, assuming they have no other aggravating or
mitigating factors:

----------------------------------------------------------------------------------------------------------------
First-time offender Second-time offender
Crime -------------------------------------------------------------------------------
Current Proposed Current Proposed
----------------------------------------------------------------------------------------------------------------
Drive-by shooting related to 20 1\1/4\ to 1\3/4\... 2\3/4\ to 3\1/2\... 1\3/4\ to 2\1/4\... 3\1/2\ to 4\3/
grams of cocaine. 4\
Burglary........................ 2 to 2\1/2\........ 4 to 4\3/4\........ 2\1/2\ to 3........ 4\3/4\ to 6
Extortion....................... 2\3/4\ to 3\1/2\... 5\1/4\ to 6\1/2\... 3\1/2\ to 4\1/4\... 6\3/4\ to 8
Witness intimidation............ 2\3/4\ to 3\1/2\... 5\1/4\ to 6\1/2\... 3\1/2\ to 4\1/4\... 6\1/2\ to 8
Gun trafficking................. 4\3/4\ to 6........ 9 to 11\1/4\....... 6 to 7\1/4\........ 11\1/4\ to 14
Robbery with a handgun.......... 5\1/4\ to 6\1/2\... 10 to 12\1/2\...... 6\1/2\ to 8........ 12\1/2\ to 15\3/
4\
----------------------------------------------------------------------------------------------------------------

Section 3. Amendment to title 18 with respect to criminal
street gangs
This legislation expends the definition of criminal street
gangs to better reflect modern day gang activity.
Current federal law bases the definition and penalties for
criminal street gangs upon the commission of a federal crime
of violence or a federal crime involving a controlled
substance. Under existing federal law, a person eligible for
prosecution as a criminal street gang member must have been
convicted within the previous 5 years of a federal or state
drug crime or crime of violence, as well as having
participated in, or furthered the activities of, a gang. This
legislation broadens the definition of criminal street gang
activity to include many types of state crimes, such as
drive-by shootings, rape, torture, carjacking, kidnaping, and
assault with a deadly weapon.
By expanding the definition of gang membership, more gang
members--who commit state crimes--will be subjected to the
higher penalties if they subsequently commit a federal crime.

[[Page S4068]]

Current federal law also requires that there must be five
members to meet the requirements of being a gang. Prosecutors
and law enforcement officials indicate this number is
arbitrary and that some dangerous street gangs consist of
fewer members. For that reason, this legislation also lowers
the number of participants--from five members to three
members--required to meet the definition of a gang.
Section 4. Interstate and foreign travel of transportation in
aid of criminal street gangs
Doubles penalties for inter-state, gang-related crimes.
Also expands Travel Act, passed in 1961 with Mafia-related
criminal activity in mind, to respond more effectively to the
growing problem of highly sophisticated, mobile and organized
street gangs.
The Travel Act now makes it a federal crime to travel in
interstate commerce, or use the mail or other facilities of
interstate commerce, to commit or help establish, promote,
manage, or carry out extortion, bribery, arson, or any
business enterprise involving narcotics, controlled
substances, prostitution, gambling, or liquor on which the
excise taxes were not paid.
While the Travel Act allows prosecutors to target some gang
activities--such as drug trafficking--the list is not
complete. Law enforcement leaders and prosecutors have
indicated that the Act needs to be ``modernized'' to better
reflect current crimes by gang members.
Under this legislation, the list of unlawful activities in
the Travel Act will be expanded to include crimes that are
most committed by gang members. The expanded list will
include: drive-by shooting, robbery, burglary, assault with a
deadly weapon, intimidation of witnesses, victims, jurors or
informants, assault resulting in bodily injury, possession
and/or trafficking in stolen property, alien smuggling,
firearms trafficking, kidnaping, and insurance fraud.
In addition, under this legislation, the maximum penalties
are doubled from 5 to 10 years for those who violate these
provisions without intending to commit violent crimes
themselves.
A conspiracy provision is also added to this statute to
make it easier to prosecute all the gang members who help to
commit these crimes.
This Act also doubles the base offense levels for:
Traveling in interstate or foreign commerce in aid of a
street gang, from 6 to 12, which increases the base
sentencing rage from a low of zero to six months and a high
of twelve to eighteen months, to a new low of ten to sixteen
months and a new high of thirty to thirty-seven months; and
Committing violent crimes in aid of street gang or
racketeering activity from 12 to 24, which increases the base
sentencing range from a low of ten to sixteen months and a
high of thirty to thirty-seven months, to a new low of 51-63
months and a new high of 100-125 months.
Section 5. Solicitation or recruitment of persons in gang
activity
Current federal law contains no penalty for recruiting
minors to participate in gang activity. Law enforcement
officials indicate that sophisticated crime syndicates will
recruit minors to do the ``dirty work'' so that the
organizers of the criminal activity cannot be convicted of a
crime.
This legislation makes the recruitment or solicitation of
persons to participate in gang activity subject to a one-year
minimum and 10-year maximum penalty, or a fine of up to
$250,000. If a minor is recruited or solicited, the minimum
penalty is increased to four years. In addition, the person
convicted of this crime would have to pay the costs of
housing, maintaining and treating the juvenile until the
juvenile reaches the age of 18 years.
Section 6. Crimes involving the use of minors as RICO
predicates
To identify a racketeering influenced corrupt organization
(RICO), the organization must have engaged in at least two of
the more than 25 criminal activities listed under the RICO
statute.
This bill makes the use of a minor in the commission of a
federal crime a RICO predicate.
Section 7. Transfer of firearms to minors for use in crime
It is now a crime under federal law to knowingly transfer a
firearm to be used to commit a violent crime or a drug
trafficking crime.
This legislation adds a mandatory minimum penalty of three
years imprisonment if the gun to be used in crime is
transferred to a minor.
Section 8. Penalties
Increases penalties for transferring handguns to minors.
The Youth Handgun Safety Act, passed by Congress as part of
the 1994 Crime Bill, does not contain sufficient penalties.
In fact, one provision of the current Youth Handgun Safety
Act requires mandatory probation for a first-time juvenile
offender who possesses a handgun. Such a weak penalty meant
few prosecutors would utilize the Youth Handgun Safety Act to
target gang members. In addition, current law sets different
penalties for juveniles and adults who transfer a weapon to a
minor.
The Federal Gang Violence Act toughens the penalties
against juveniles and adult who transfer a handgun to a
minor--and subjects juveniles and adults to the same
penalties for violating this law.
This legislation changes the Youth Handgun Safety Act by:
(A) Setting a one-year minimum sentence for anyone--adult
or juvenile--who provides a minor with a handgun.
(B) Holding juveniles accountable when they unlawfully give
another minor a handgun by applying the same five-year
maximum sentence now given to adults.
(C) Setting a one-year minimum sentence and applying the
same 10-year maximum sentence to adults and juveniles who
give a handgun to a minor and should have known the gun would
be used in a crime of violence. Currently, the 10-year
maximum sentence only applies to adults.
Section 9. The James Guelff Body Armor Act
Many police officers around the country are confronting
heavily-armed gang members who are wearing bullet-proof
vests. This legislation creates a two-year mandatory,
consecutive sentence for anyone who wears body armor in the
commission of a federal offense.
Section 10. Serious juvenile drug offense as Armed Career
Criminal Act predicates
The Armed Career Criminal Act provides that if a person has
three or more prior convictions of certain crimes (is a
career criminal), and he possess, ships, transports or
receives a gun or ammunition (is armed), he will be subject
to a mandatory minimum 15 year penalty and fine of up to
$25,000. Serious drug offenses are already in the list of
crimes which count toward the three-conviction minimum; this
bill would allow juvenile convictions for serious drug
offenses to also count toward that three-conviction minimum.
Section 11. Increase in time limits for juvenile proceedings
Expands the time limit for bringing juvenile proceedings to
trial.
Presently, a 30-day time limit exists. With crimes being
committed by juveniles becoming increasingly violent and
complex, prosecutors need additional time to adequately
develop cases. This legislation increases the time limit to
70 days.
Section 12. Applying racketeering offenses to firearms
offenses
Adds firearms violations, such as trafficking, to the list
of crimes that can be attacked by prosecutors under RICO.
Currently, firearms violations are not RICO predicate acts.
Prosecutors and law enforcement officials indicate an
increasing use of firearms by criminal street gangs to commit
home robberies, business invasions, and attacks on rival
gangs. Since most of the firearms have moved in interstate
commerce--and because firearms are such an integral part of
the gang's activity--law enforcement officials have suggested
that firearms violations become predicate acts under RICO.
Since two criminal activities must be proven before RICO
organizations can be identified, firearms violations alone
would not lead a group to be pursued under the RICO laws.
This legislation would amend the list of RICO predicate
acts to include firearms violations.
Identifying an organization dedicated to criminal activity
in accordance with the RICO statute results in asset
forfeiture and a maximum of 20 years in prison. In addition,
the RICO Statute allows federal prosecutors to charge such an
organization with state crimes they may have committed as
well as federal crimes.
Section 13. Use of linguists
Promotes the use of State Department linguists to assist in
translating and monitoring wiretaps in gang investigations.
Federal law enforcement and courts are experiencing
difficulty and high costs in locating and employing certified
translators for southeastern Asian languages and Chinese
dialects used by some gangs.
Section 14. Additional prosecutors
The Federal Gang Violence Act authorize appropriations of
$100 million over the next five years for hiring additional
federal prosecutors to prosecute violent youth gangs.

Mrs. FEINSTEIN. Mr. President, I rise today, along with Senators,
Hatch, Kerry, Harkin, Reid, and D'Amato to introduce the Federal Gang
Violence Act of 1996--legislation that makes the Federal Government a
more active partner in the war against violent and deadly organized
gangs.
Mr. President, today's gangs are not the bands of loosely organized
street kids glamorized in West Side Story. Today's gangs are very
different. Consider this:
Just last week, the U.S. attorney's office in San Francisco made
arrests in a major alien smuggling operation run by organized gangs
based in New York and San Francisco. Operation Sea Dragon netted 23
people in connection with a large-scale plan to smuggle two boatloads
of more than 270 aliens from China into the United States in 1993.
According to the U.S. attorney's office, a number of powerful New
York-based gangs, including the White Tigers, Fuk Ching, and the Broom
Street Boys joined forces with two bay area gangs to off load the
smuggled aliens. A San Francisco-based Vietnamese gang was responsible
for furnishing the

[[Page S4069]]

fishing boats to ferry the smuggled aliens ashore, where a Chinese gang
out of Oakland had provided land transportation and drop houses to
facilitate the aliens travel to New York. Presumably, once in New York,
these illegal aliens were to live in indentured servitude while they
paid off the up to $30,000 in crossing debts that the gangs typically
charge each passenger.
Alien smuggling is a very lucrative international business--law
enforcement estimates it brings in $3 billion a year for smugglers.
But alien smuggling is just one example of the kinds of dangerous
criminal activities modern gangs are engaged in. Today's gangs are
organized and sophisticated traveling crime syndicates--much like the
Mafia--that regularly cross State lines to recruit new members,
traffick in drugs, weapons, and illegal aliens, and steal and murder.
In just one city, Los Angeles, nearly 7,300 of its citizens were
murdered in the last 16 years from gang warfare. This is more people
than have been killed in all the terrorist fighting in northern
Ireland.
Gangs were responsible for: 43 percent of all homicides in Los
Angeles in 1994; 41 percent of homicides in Omaha, Nebraska in 1995;
and more than half of all violent crimes in Buffalo, NY, in 1994.
In Phoenix, AZ, gang-related homicides jumped 800 percent between
1990 and 1994; and
In Wichita, KS, drive-by shootings jumped from 8 in 1991 to 267 in
1993--a 3000-percent increase in just 2 years. This in a small city of
300,000.
These are just a few examples of the alarming rise in gang violence
gripping our streets. We are becoming numb to the violence.
In Los Angeles in February, City Councilwoman Laura Chick, chair of
the LA Public Safety Committee, received a faxed report that six people
had been murdered over the weekend in LA--and it was not even reported
in the press.
Criminal gangs are now engaged in million dollar heists, home and
business invasions, major narcotics and weapons trafficking, and yes,
illegal alien smuggling.
And they are crossing State lines to establish criminal operations in
other States looking for untapped markets.
Sgt. Jerry Flowers with the gang crime unit in Oklahoma City captured
the migration instinct of these gangs when he said: ``the gang leaders
realized that the same ounce of crack cocaine they sold for $300 in Los
Angeles was worth nearly $2,000 in Oklahoma City''.

BLOODS and CRIPS

The Bloods and the Crips, gangs that originated in Los Angeles in the
late 1960's, are the Nation's two largest street gangs. And they are
expanding.
Local police and the FBI have traced factions of these gangs to more
than 119 cities in the West and Midwest with more than 60,000 members.
According to the FBI, narcotics trafficking is their principle source
of income.

gangster disciples

The Gangster Disciples, according to local authorities, is a Chicago-
based 30,000 member multimillion dollar gang operation spanning 35
States.
They traffic in narcotics and weapons, and are said to operate much
like a ``Fortune 500 Company'' with two boards of directors--one in
prison and one outside--a layer of Governors and regents, a tax
collector and some 6,000 salespersons. Their income is estimated at
$300,000 daily.

russian crime gangs

Russian organized crime activity in the United States has been
expanding for the past 20 years, but its most significant growth has
occurred during the past 5 years. Twenty-nine States now report
activities by Russian crime groups.
FBI Director Louis Freeh stated that more than 200 of Russia's 6,000
crime gangs operate with American counterparts in the United States.
Russian gangs tend to be more loosely organized than other gangs, but
they have formed networks that operate and shift alliances to meet
particular needs.
The California Attorney General indicates that the most common
criminal activities by Russian organized crime gangs are fraud schemes
involving fuel tax, insurance, and credit card fraud. But they also
engage in more common organized crime activities-extortion, loan
sharking, drug trafficking, auto theft, and prostitution.

asian gangs

The Department of Justice indicates that, among ethnic gangs,
Jamaican and Asian gangs are considered by many law enforcement
officials to pose the largest threat. Asian gangs have been identified
as major threats in more than 17 cities.
In Los Angeles alone there are more than 100 Asian gangs with 10,000
members.
Illegal activities include: alien smuggling, murder, kidnapping,
extortion, home invasion robberies, high-technology heists, and
firearms trafficking.
Vietnamese gangs, in particular, have become a serious threat in many
cities. They tend to be very violent, are more sophisticated
organizationally, and have specialized in stealing multimillion dollar
quantities of computer chips.
At least 400 Silicon Valley businesses that deal in computer chips
have been hit in the last year and a half, losing tens of millions of
dollars. Computer firms lose as much as $1 million a week in thefts.

current laws not enough

Mr. President, Federal laws now on the books were designed to fight
one type of organized crime--the Mafia. And I believe today's laws just
are not enough to take on these modern gangs.
For the past 7 months, my staff has met with prosecutors, law
enforcement officers, and community leaders to search for solutions to
the problem of gang violence. The legislation I am introducing today,
The Federal Gang Violence Act of 1996, is the result of our work.
This legislation strengthens Federal law by attacking gang violence
on three fronts:
It doubles the sentence for any member of an organized criminal gang
who commits a Federal crime;
Expands the scope of gang-related criminal acts to include such
activities as carjacking and drive-by shootings, and significantly
increases penalties for those crimes; and
Checks the growth of gangs by making the recruitment of minors into
criminal gangs a Federal offense with stiff penalties.
Specifically, this legislation:
First, doubles the actual sentence for any member of an organized
criminal street gang who commits a Federal crime.
Current Federal law increases the penalties for organizers, leaders,
managers, and supervisors of criminal activity--including gang
leaders--who commit a federal crime. However, members of known criminal
street gangs currently are not subjected to higher penalties when a
Federal crime is committed.
Many prosecutors and law enforcement leaders indicate that gang
members--in addition to the leaders and supervisors of gangs--should
see their penalties increased to provide a stronger deterrent for
children to stay away from gangs.
This legislation amends the sentencing guidelines so that individual
gang members convicted of felonies would have their sentencing level
approximately doubled. For example: Now if a first-time offender who is
a member of a gang is convicted of gun trafficking, he would get a
minimum of 4\3/4\-6 years in jail. Under this legislation, the sentence
would be increased to 9-11\1/4\ years.
Second, expands the definition of criminal street gangs in Federal
law to better reflect modern-day gang activity.
The bill broadens the definition of criminal street gang activity in
title 18 of the Criminal Code to include many types of State crimes,
such as drive-by shootings, rape, torture, carjacking, kidnaping, and
assault with a deadly weapon.
This legislation also lowers the number of participants--from five
members to three members--required to meet the definition of a gang.
Third, doubles penalties for interstate, gang-related crimes and
expands the Travel Act to respond more effectively to the growing
problem of highly sophisticated, mobile, and organized street gangs.
The Travel Act was originally written in 1961 with Mafia-style
activity in mind. While the Travel Act as it is now written allows
prosecutors to target

[[Page S4070]]

some gang activities--such as drug trafficking--the list is not
complete. Law enforcement leaders and prosecutors have indicated that
the act needs to be modernized to better reflect current crimes by gang
members.
Under this legislation, the list of unlawful activities in the Travel
Act will be expanded to include the following crimes: Drive-by
shooting; robbery; burglary; assault with a deadly weapon; intimidation
of witnesses, victims, jurors, or informants; assault resulting in
bodily injury; possession and/or trafficking of stolen property; alien
smuggling; firearms trafficking; kidnaping; and insurance fraud.
In addition, under this legislation, the maximum penalties are
doubled from 5 to 10 years for those who violate these provisions
without intending to commit violent crimes themselves.
A conspiracy provision is also added to this statute to make it
easier to prosecute all the gang members who help to commit these
crimes.
This act also doubles the base offense levels under the sentencing
guidelines for: Traveling in interstate or foreign commerce in aid of a
street gang, from 6 to 12, which increases the base sentencing range
from a low of zero to 6 months and a high of 12 to 18 months, to a new
low of 10 to 16 months and a new high of 30 to 37 months; and
committing violent crimes in aid of street gang or racketeering
activity from 12 to 24, which increases the base sentencing range from
a low of 10 to 16 months and a high of 30 to 37 months, to a new low of
51 to 63 months and a new high of 100 to 125 months.

Fourth, solicitation or recruitment of persons into gang activity:
Current Federal law contains no penalty for recruiting minors to
participate in gang activity. Law enforcement officials indicate that
sophisticated organized crime syndicates will recruit minors to do the
dirty work so that the organizers of the criminal activity cannot be
convicted of a crime.
This legislation makes the recruitment or solicitation of persons to
participate in gang activity subject to a 1-year minimum and 10-year
maximum penalty, or a fine of up to $250,000. If a minor is recruited
or solicited, the minimum penalty is increased to 4 years. In addition,
the person convicted of this crime would have to pay the costs of
housing, maintaining and treating the juvenile until the juvenile
reaches the age of 18 years.
Fifth, this bill makes the use of a minor in the commission of a
Federal crime a RICO predicate.
Identifying an organization dedicated to criminal activity in
accordance with the RICO Statute results in asset forfeiture and a
maximum of 20 years in prison.
Sixth, transfer of firearms to minors for use in crime.
It is now a crime under Federal law to knowingly transfer a firearm
to be used to commit a violent crime or a drug trafficking crime.
This legislation adds a mandatory minimum penalty of 3 years
imprisonment if the gun to be used in crime is transferred to a minor.
Seventh, this legislation increases penalties for transferring
handguns to minors.
The Youth Handgun Safety Act, passed by Congress as part of the 1994
crime bill, does not contain sufficient penalties against juveniles who
possess handguns.
In fact, one provision of the current Youth Handgun Safety Act
requires only mandatory probation for a first-time juvenile offender
who possesses a handgun. Such a weak penalty has meant few prosecutors
would utilize the Youth Handgun Safety Act to target gang members. In
addition, current law sets different penalties for juveniles and adults
who transfer a weapon to a minor.

The Federal Gang Violence Act toughens the penalties against
juveniles and adults who transfer a firearm to a minor--and subjects
juveniles and adults to the same penalties for violating this law.
This legislation changes the Youth Handgun Safety Act by:
Setting a 1-year minimum sentence for anyone--adult or juvenile--who
provides a minor with a handgun.
Holding juveniles accountable when they unlawfully give another minor
a firearm by applying the same 5-year maximum sentence now given to
adults.
Setting a 1-year minimum sentence and applying the same 10-year
maximum sentence to adults and juveniles who give a firearm to a minor
and should have known the gun would be used in a crime of violence.
Currently, the 10-year maximum sentence only applies to adults.
Juveniles under 13 years old, however, would not be subject to these
mandatory minimum sentences.
Eighth, the James Guelff Body Armor Act: Many police officers around
the country are confronting heavily armed gang members who are wearing
bullet-proof vests. This legislation makes it a separate crime to wear
body armor in the commission of a Federal offense, which would be
punished by automatically adding 2 years to the sentence for the
original crime.
Ninth, serious juvenile drug offenses as Armed Career Criminal Act
predicates:
The Armed Career Criminal Act provides that if a person has three or
more prior convictions for certain crimes--is a career criminal--and he
possesses, ships, transports, or receives a gun or ammunition, is
armed, he will be subject to a mandatory minimum 15-year penalty and
fine of up to $25,000.
Serious drug offenses are already in the list of crimes which count
toward the three-conviction minimum; this bill would allow juvenile
convictions for serious drug offenses to also count toward that three-
conviction minimum. This would not apply to nickel-and-dime possession
offenses, but to drug dealing which is punishable by ten or more years
in prison.
Tenth, expands the time limit for bringing juvenile proceedings to
trial.
Presently, a 30-day time limit exists. With crimes being committed by
juveniles becoming increasingly violent and complex, prosecutors need
additional time to adequately develop cases. This legislation increases
the time limit to 70 days.

Eleventh, adds firearms violations, such as trafficking, to the list
of crimes that can be attacked by prosecutors under RICO.
Currently, firearms violations are not RICO predicate acts.
Prosecutors and law enforcement officials indicate an increasing use of
firearms by criminal street gangs to commit home robberies, business
invasions, and attacks on rival gangs.
Since most of the firearms have moved in interstate commerce--and
because firearms are such an integral part of the gang's activity--law
enforcement officials have suggested that firearms violations become
predicate acts under RICO.
Twelfth, this legislation promotes the use of State Department
linguists to assist in translating and monitoring wiretaps in gang
investigations. Federal law enforcement and courts report that they are
experiencing difficulty and high costs in locating and employing
certified translators for Southeastern Asian languages and Chinese
dialects used by some gangs.
Thirteenth, this legislation provides $100 million over the next 5
years for hiring additional Federal prosecutors to prosecute violent
youth gangs.
Mr. President, the legislation I have laid out for you today is a
starting point, and I think it is long overdue. I know there is no
silver bullet to cure our Nation of the ills wrought by street gangs.
But this legislation takes an important step forward by adding the
Federal Government's weight to what has thus far been largely State and
local war on gangs by significantly strengthening the Federal laws that
deal with gang crime.
It is my belief that the only real long-term solution lies in
combining forces at the Federal, State, and local level.
And I am pleased to say that thus far, this legislation has received
nearly 80 endorsements from local California law enforcement, including
Los Angeles County District Attorney Gil Garcetti, Los Angeles County
Sheriff Sherman Block, and Police Chiefs in Fresno, Oakland, and
Sacramento.
I urge my colleagues to support this legislation, and I welcome their
input as this bill moves forward.
Mr. KERRY. Mr. President, today I rise to support the Federal Gang
Violence Act which we are introducing to combat the growing problem of
gang violence. According to the FBI, juvenile gang killings rose by 371
percent from 1980 to 1992, the fastest growing of

[[Page S4071]]

all the homicide categories. But, Mr. President, this problem is not
just a series of statistics.
Less than a year ago in Massachusetts, a young prosecutor, Assistant
Attorney General Paul McLauglin, was gunned down by a hooded youth in a
display of gang violence and brutality unprecedented in my State. It
was a brutal assassination of a public servant doing his job--the kind
of violence we see in other nations, but thankfully, only rarely in
America.
Earlier this year, I met with law enforcement officials, local
elected officials, and Justice Department officials in western
Massachusetts where gang activity has grown dramatically. The officials
told me that in the Route 91 corridor, gangs operate from Connecticut
through Massachusetts and up into Vermont. In fact, last year a major
incident involving gangs from western Massachusetts occurred in
Rutland, VT.
Because of this and similar meetings with law enforcement officials
across Massachusetts, I went to Senators Feinstein and Hatch to offer
my assistance in developing this antigang legislation. Although
officials in western Massachusetts told me that the area is already
benefiting from the COPS Program, we must do more. I am proud of the
role I played in getting the COPS Program expanded in the crime bill,
so that we will put 100,000 police officers on the beat to fight crime.
The COPS Program is beneficial but not a sufficient Federal response to
youth gangs.
Nationally, juvenile arrests for violent crime increased by 75
percent during the past decade. According to a Department of Justice
survey of law enforcement officials in 35 cities with organized
antigang programs, there are almost 1,500 gangs and over 120,000 gang
members across the country.
The legislation we are introducing today would crack down on violent
gangs by toughening Federal penalties against criminal street gangs and
organized crime syndicates. Gang members who commit Federal crimes or
recruit other youths--and especially gangs who cross State lines to
commit crimes--would receive stricter penalties.
Of course, the overwhelming majority of America's 27 million youths
between the ages of 10 and 17 never commit violent crimes or enter the
juvenile or criminal justice systems. Overall, children remain far more
likely to be the victims of violent crime than offenders. According to
the most recent data from the Department of Justice, one in nine
children ages 12 to 19 was a victim of violent crime in 1993, while
fewer than one in 200 youths was arrested for a violent offense.

But ultimately, Mr. President, the solution to youth violence must
address the fact that too many young people live in poverty, which puts
children at particular risk for violent behavior by reducing the
quality of their community supports such as housing and schools,
limiting their opportunities for education and employment, and dimming
their sense of hope about the future. We can pass tougher and tougher
laws but without at least an ounce of prevention we will not solve the
problem.
We also must deal with the fact that handguns are too accessible.
Handguns pose an ever-increasing danger to the safety and welfare of
the American public. Nearly one-third of children ages 10 to 17
surveyed in 1993 said they knew how to get a gun. The source is often
their own home. School security and law enforcement officials estimate
that 80 percent of the firearms that students bring to school come from
home. And according to the most recent figures, over 25 Americans are
killed each day by handguns. If it's true that ``people kill people,''
it's also true that they most frequently do so with handguns.
But we must also learn more about gang violence. Despite continuing
research on the nature and extent of gang problems, data on youth gangs
remain spotty. The Department of Justice's Office of Juvenile Justice
and Delinquency Prevention [OJJDP] recently reported that ``because
research has been limited and because researchers have no real
consensus on the definition of a gang or gang incident, the scope and
seriousness of the youth gang problem are not reliably known.'' Better
information is clearly needed.
I look forward to working with Senators Feinstein and Hatch to making
further refinements to the bill to ensure the delicate balance between
bringing criminals to justice and protecting civil liberties. In
particular, I'm interested in examining the provision which requires
serious drug offenses committed as a juvenile to count toward the
provision which imposes a mandatory minimum 15 year sentence for
juveniles or adults who have a record of three serious drug offense
convictions and commit a gun offense. We must be careful not to
eliminate the juvenile justice system as the ``second chance'' it is
intended to provide.
Finally, I want to recognize the leadership of Senator Feinstein and
Senator Hatch for their efforts to combat gang violence through this
legislation. I also want to express my admiration for the Senator from
California for her leadership on the assault weapons ban, both in her
courageous efforts to pass it through Congress and her tenacity in
stopping efforts to repeal it.
Too many children in the United States go to sleep to the sounds of
gunfire and accept as normal the violent deaths of siblings, friends,
and schoolmates. Working together, we can combat gang violence,
poverty, and handguns to ensure we no longer have to live under the
constant threat of violence.
Mr. D'AMATO. Mr. President, I am pleased to join my colleagues in
introducing the Federal Gang Violence Act. The provisions of this bill
are greatly needed in order to reduce the growing threat of gang
violence.
The Department of Justice released a report last month stating that
79 of our largest cities have over 3,800 youth gangs, with a total of
200,000 gang members. The gangs are taking over our cities and towns.
With an increase in the presence of gangs comes an increase in their
criminal activities.
The Justice Department reports that while gang presence seems to be
increasing, these gangs are also establishing an organizational
sophistication that they did not possess before. With an expected surge
in juvenile violent crimes, loopholes in the law must be corrected. And
now.
Let me clarify one thing first. Gangs are not an urban problem; gangs
are located in every geographical location--cities, suburbs, and rural
areas. There is not one common gang activity; each gang performs
different illegal activities. Gang activities are not restricted to
certain areas of cities; the gangs' reach extends to our schools. It is
clear that the response must be as varied as the problem. This bill
takes the diversity into account and responds to those different
activities by taking the most effective action--increasing the
sentences. The penalty is doubled for any interstate gang-related
crimes. Doubles the penalty for gang members that extort, bribe, deal
in drugs, intimidate a witness or participate in a drive-by shooting.
Any violent crime committed as part of gang activity gets an increased
sentencing offense level.
Stiffer punishment is essential if we are to combat gang violence. A
Department of Justice report states that 68 percent of male inmates in
juvenile correctional facilities admit that their gang had regularly
bought and sold guns and over 60 percent described driving around
shooting at people regularly.
Because recruitment is so important to perpetuate the criminal gang
activities, whether the person recruited is a minor or an adult, a new
offense must be created. And this bill will do just that. It is
imperative to stop the recruitment. Gangs can only continue to wreak
havoc if they have the members to carry out their misdeeds.
A provision of the Federal Gang Violence Act treats alien smuggling
as a predicate act under the RICO--racketeering. It will also make
alien smuggling a money laundering crime. This is especially timely
after the indictment last February of 64 violent organized crime gang
members of the Flying Dragons in Chinatown. These smugglers brought in
hundreds of illegal Chinese immigrants and then proceeded to kidnap,
torture, and extort money. These provisions could only add to their
sentences if convicted. These people should be in prison for decades
for the acts alleged.
These provisions are a commonsense approach. For instance, any
criminal

[[Page S4072]]

who wears body armor during the commission of a felony certainly
deserves to get an additional 2 years mandatory minimum. The intent is
clear; the gang member committing a felony wearing body armor knows the
dangers involved.
The potential gang members have much to fear themselves. A special
report completed by the National Gang Crime Research Center found that
two-thirds of gang members have had friends or family members killed
because of the gang violence. These victims may never have chosen the
route of gang violence but were swept in by the activities of the gang
members.
The violence committed by gangs affects our entire country. The wreak
havoc on business owners, individuals, family members, and themselves.
It is time to do something about it. I thank my colleagues for working
to enhance the penalties of the crimes committed by gang members and am
pleased to be an original cosponsor of this legislation. I urge my
colleagues to cosponsor this bill.
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By Mr. PELL:
S. 1701. A bill to end the use of steel jaw leghold traps on animals
and for other purposes; to the Committee on Environment and Public
Works.

steel jaw trap legislation

Mr. PELL. Mr. President, I rise today to introduce legislation to
prohibit the use of steel jaw leghold traps in the United States.
While this bill does not prohibit trapping, it does outlaw a
particularly savage method of trapping. Anything--wild animals, family
pets, children--that comes in contact with a leghold trap is subjected
to its bone-crushing force. Other, more discriminating trapping methods
exist and should be used.
I think it is also instructive to note that well over 60 nations
around the globe including all the nations of the European Community
have already outlawed the use of this device and have also prohibited
the sale of fur caught by leghold traps.
I should make it clear to my colleagues that I oppose the cruel
treatment of any animal and support efforts to curb the unnecessary use
of animals for purposes such as medical testing, especially when
alternative testing procedures are available or when the tests are
conducted for nonvital reasons and result in inhumane animal treatment.
I do, however, support the humane use of animals which may provide
crucial information for life-saving technologies when no other
alternative testing mechanism exists.

____________________