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(f) CHILD ABUSE PREVENTION.—Section 105 of the 
Child Abuse Prevention and Treatment Act (42 U.S.C. 
5106) is amended—
(1) in the section heading, by inserting ‘‘STATE 
AND LOCAL COURTS,’’ after ‘‘AGENCIES’’; 
(2) in subsection (a), by inserting ‘‘and State 
and local courts’’ after ‘‘such agencies or organiza-
tions)’’; and 
(3) in subsection (a)(1), by inserting ‘‘and 
State and local courts’’ after ‘‘organizations’’. 
TITLE 
VIII—REDUCTION 
AND 
PREVENTION OF GANG VIO-
LENCE 
SEC. 801. REVISION AND EXTENSION OF PENALTIES RE-
LATED TO CRIMINAL STREET GANG ACTIV-
ITY. 
(a) IN GENERAL.—Chapter 26 of title 18, United 
States Code, is amended to read as follows: 
‘‘CHAPTER 26—CRIMINAL STREET GANGS
‘‘Sec. 
‘‘521. Criminal street gang prosecutions.
‘‘§ 521. Criminal street gang prosecutions 
‘‘(a) STREET GANG CRIME.—Whoever commits, or 
conspires, threatens or attempts to commit, a gang crime 
for the purpose of furthering the activities of a criminal 
street gang, or gaining entrance to or maintaining or in-
129
creasing position in such a gang, shall, in addition to being 
subject to a fine under this title—
‘‘(1) if the gang crime results in the death of 
any person, be sentenced to death or life in prison; 
‘‘(2) if the gang crime is kidnapping, aggra-
vated sexual abuse, or maiming, be imprisoned for 
life or any term of years not less than 30; 
‘‘(3) if the gang crime is assault resulting in se-
rious bodily injury (as defined in section 1365), be 
imprisoned for life or any term of years not less 
than 20; and 
‘‘(4) in any other case, be imprisoned for life or 
for any term of years not less than 10. 
‘‘(b) FORFEITURE.—
‘‘(1) IN GENERAL.—The court, in imposing sen-
tence on any person convicted of a violation of this 
section, shall order, in addition to any other sen-
tence imposed and irrespective of any provision of 
State law, that such person shall forfeit to the 
United States such person’s interest in—
‘‘(A) any property used, or intended to be 
used, in any manner or part, to commit, or to 
facilitate the commission of, the violation; and
130
‘‘(B) any property constituting, or derived 
from, any proceeds the person obtained, directly 
or indirectly, as a result of the violation. 
‘‘(2) APPLICATION
OF
CONTROLLED
SUB-
STANCES ACT.—Subsections (b), (c), (e), (f), (g), 
(h), (i), (j), (k), (l), (m), (n), (o), and (p) of section 
413 of the Controlled Substances Act (21 U.S.C. 
853) shall apply to a forfeiture under this section as 
though it were a forfeiture under that section. 
‘‘(c) DEFINITIONS.—The following definitions apply 
in this section: 
‘‘(1) CRIMINAL
STREET
GANG.—The term 
‘criminal street gang’ means a formal or informal 
group or association of 3 or more individuals, who 
commit 2 or more gang crimes (one of which is a 
crime of violence), in 2 or more separate criminal 
episodes, in relation to the group or association, if 
any of the activities of the criminal street gang af-
fects interstate or foreign commerce. 
‘‘(2) GANG
CRIME.—The term ‘gang crime’ 
means conduct constituting any Federal or State 
crime, punishable by imprisonment for more than 
one year, in any of the following categories:
131
‘‘(A) A crime of violence (other than a 
crime of violence against the property of an-
other). 
‘‘(B) A crime involving obstruction of jus-
tice, tampering with or retaliating against a 
witness, victim, or informant, or burglary. 
‘‘(C) A crime involving the manufacturing, 
importing, distributing, possessing with intent 
to distribute, or otherwise dealing in a con-
trolled substance or listed chemical (as those 
terms are defined in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802)). 
‘‘(D) Any conduct punishable under sec-
tion 844 (relating to explosive materials), sub-
section (a)(1), (d), (g)(1) (where the underlying 
conviction is a violent felony (as defined in sec-
tion 924(e)(2)(B) of this title) or is a serious 
drug 
offense 
(as 
defined 
in 
section 
924(e)(2)(A))), (g)(2), (g)(3), (g)(4), (g)(5), 
(g)(8), (g)(9), (i), (j), (k), (n), (o), (p), (q), (u), 
or (x) of section 922 (relating to unlawful acts), 
or subsection (b), (c), (g), (h), (k), (l), (m), or 
(n) of section 924 (relating to penalties), sec-
tion 930 (relating to possession of firearms and 
dangerous weapons in Federal facilities), sec-
132
tion 931 (relating to purchase, ownership, or 
possession of body armor by violent felons), sec-
tions 1028 and 1029 (relating to fraud and re-
lated activity in connection with identification 
documents or access devices), section 1952 (re-
lating to interstate and foreign travel or trans-
portation in aid of racketeering enterprises), 
section 1956 (relating to the laundering of 
monetary instruments), section 1957 (relating 
to engaging in monetary transactions in prop-
erty derived from specified unlawful activity), or 
sections 2312 through 2315 (relating to inter-
state transportation of stolen motor vehicles or 
stolen property). 
‘‘(E) Any conduct punishable under section 
274 (relating to bringing in and harboring cer-
tain aliens), section 277 (relating to aiding or 
assisting certain aliens to enter the United 
States), or section 278 (relating to importation 
of alien for immoral purpose) of the Immigra-
tion and Nationality Act. 
‘‘(3) AGGRAVATED SEXUAL ABUSE.—The term 
‘aggravated sexual abuse’ means an offense that, if 
committed in the special maritime and territorial ju-
risdiction would be an offense under section 2241(a).
133
‘‘(4) STATE.—The term ‘State’ means each of 
the several States of the United States, the District 
of Columbia, and any commonwealth, territory, or 
possession of the United States.’’. 
(b) AMENDMENT RELATING TO PRIORITY OF FOR-
FEITURE OVER ORDERS
FOR RESTITUTION.—Section 
3663(c)(4) of title 18, United States Code, is amended 
by striking ‘‘chapter 46 or chapter 96 of this title’’ and 
inserting ‘‘section 521, under chapter 46 or 96,’’. 
(c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 
title 18, United States Code, is amended by inserting ‘‘, 
section 521 (relating to criminal street gang prosecu-
tions)’’ before ‘‘, section 541’’. 
SEC. 802. INCREASED PENALTIES FOR INTERSTATE AND 
FOREIGN TRAVEL OR TRANSPORTATION IN 
AID OF RACKETEERING. 
Section 1952 of title 18, United States Code, is 
amended—
(1) in subsection (a), by striking ‘‘perform’’ and 
all that follows through the end of the subsection 
and inserting ‘‘perform an act described in para-
graph (1), (2), or (3), or conspires to do so, shall 
be punished as provided in subsection (d).’’; and 
(2) by adding at the end following: