be less than 15 years and which may be for any
term of years exceeding 15 years or for life.
For purposes of paragraph (3) of this subsection, 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 de-
fendant occupied a position of organizer or supervisor, or
other position of management in the gang.
‘‘(e) 
FORFEITURE.—Whoever 
violates 
section
1930(b) (1) or (2) shall, in addition to any other penalty
and irrespective of any provision of State law, forfeit to
the United States—
‘‘(1) any property constituting, or derived from,
any proceeds the person obtained, directly or indi-
rectly, as a result of the violation; and
‘‘(2) any property used, or intended to be used,
in any manner or part, to commit, or to facilitate
the commission of, the violation.
The provisions of section 413(b), (c), and (e) through (p)
of the Controlled Substances Act (21 U.S.C. 853(b), (c),
and (e) through (p)) shall apply to a forfeiture under this
section.
‘‘§ 1932. Investigative authority
‘‘The Attorney General and the Secretary of the
Treasury shall have the authority to investigate offenses
under this chapter. This authority shall be exercised in
accordance with an agreement which shall be entered into
by the Attorney General and the Secretary of the
Treasury.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part I of title 18, United States Code, is amended by
inserting after the item for chapter 93 the following:
‘‘94. Prohibited participation in criminal street gangs
and gang crimes ..................................................... 1930’’.
(c) SENTENCING GUIDELINES INCREASE FOR GANG
CRIMES.—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 indi-
viduals alone, or in any combination, commit or will com-
mit, 2 or more acts punishable under State or Federal
law by imprisonment for more than 1 year.
SEC. 115. DRIVE-BY SHOOTINGS.
(a) OFFENSE.—Chapter 44 of title 18, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 931. Drive-by shootings
‘‘(a) Whoever knowingly discharges a firearm at a
person—
‘‘(1) in the course of or in furtherance of drug
trafficking activity; or
‘‘(2) from a motor vehicle;
shall be punished by imprisonment for up to 25 years, and
if death results shall be punished by death or by imprison-
ment for any term of years or for life.
‘‘(b) For purposes of this section, the term ‘drug traf-
ficking activity’ means a drug trafficking crime as defined
in section 929(a)(2) of this title, or a pattern or series
of acts involving one or more drug trafficking crimes.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
‘‘931. Drive-by shootings.’’.
SEC. 116. ADDITION OF ANTI-GANG BYRNE GRANT FUNDING
OBJECTIVE.
Section 501(b) of title I of the Omnibus Crime Con-
trol 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 fol-
lowing new paragraph:
‘‘(22) law enforcement and prevention programs
relating to gangs, or to youth who are involved or
at risk of involvement in gangs.’’.
SEC. 117. 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’’.
Subtitle C—Crimes Against
Children
SEC. 131. DEATH PENALTY FOR MURDER DURING THE SEX-
UAL EXPLOITATION OF CHILDREN.
Section 2251(d) of title 18, United States Code, is
amended by adding at the end the following: ‘‘Whoever,
in the course of an offense under this section, engages in
conduct that results in the death of a person, shall be pun-
ished by death or imprisoned for any term of years or for
life.’’.
SEC. 132. INCREASED PENALTIES FOR SEX OFFENSES
AGAINST VICTIMS BELOW THE AGE OF 16.
Paragraph (2) of section 2247 of title 18, United
States Code, as so redesignated by section 403(a) is
amended—
(1) in subparagraph (B) by striking ‘‘or’’ after
the semicolon;
(2) in subparagraph (C) by striking ‘‘; and’’
and inserting ‘‘; or’’; and
(3) by inserting a new subparagraph (D) as
follows:
‘‘(D) the intentional touching, not through the
clothing, of the genitalia of another person who has
not attained the age of 16 years with an intent to
abuse, humiliate, harass, degrade, or arouse or grat-
ify the sexual desire of any person;’’.
SEC. 133. PENALTIES FOR INTERNATIONAL TRAFFICKING
IN CHILD PORNOGRAPHY.
(a) IMPORT RELATED OFFENSE.—Chapter 110 of
title 18, United States Code, is amended by adding at the
end the following:
‘‘§ 2258. Production of sexually explicit depictions of
a minor for importation into the United
States
‘‘(a) Any person who, outside the United States, em-
ploys, uses, persuades, induces, entices, or coerces any
minor to engage in, or who has a minor assist any other
person to engage in, or who transports any minor with
the intent that such minor engage in any sexually explicit
conduct for the purpose of producing any visual depiction
of such conduct, shall be punished as provided under sub-
section (c), if such person intends, knows, or has reason
to know that such visual depiction will be imported into
the United States or into waters within a distance of 12
miles of the coast of the United States.
‘‘(b) Whoever, outside the United States, knowingly
receives, transports, ships, distributes, sells, or possesses
with intent to transport, ship, sell, or distribute any visual
depiction of a minor engaging in sexually explicit conduct
of age which would be in violation of chapter 109A of this
title if such sexual act occurred in the special maritime
and territorial jurisdiction of the United States,’’ after
‘‘offense,’’.
SEC. 134. STATE LEGISLATION REGARDING CHILD POR-
NOGRAPHY.
(a) IN GENERAL.—Not later than the end of the 18th
month beginning after the date of the enactment of this
Act, each State shall enact legislation complying with
guidelines established under subsection (b), and maintain
such legislation in effect thereafter. Compliance with the
preceding sentence shall be a condition to the receipt by
a State of any grant, cooperative agreement, or other as-
sistance under—
(1) section 1404 of the Victims of Crime Act
(42 U.S.C. 10603); and
(2) the Child Abuse Prevention and Treatment
Act (42 U.S.C. 1501 et seq.).
(b) GUIDELINES.—The Attorney General shall estab-
lish guidelines for State legislation prohibiting the produc-
tion, distribution, receipt, or possession of materials de-
picting a person under 18 years of age engaging in sexu-
ally explicit conduct and providing for a maximum impris-
onment of at least one year and for the forfeiture of assets
used in the commission or support of, or gained from, such
offenses.
SEC. 135. NATIONAL REGISTRATION OF CONVICTED CHILD
ABUSERS.
(a) STATES TO REGISTER PERSONS CONVICTED OF
OFFENSES AGAINST CHILDREN.—
(1) IN GENERAL.—Each State shall establish
and maintain a registration program under this sec-
tion requiring persons convicted of a criminal offense
against a victim who is a child to register a current
address and other information that the Attorney
General deems relevant, with a designated State law
enforcement agency for 10 years after being released
from prison or otherwise being freed from detention
after the conviction becomes final.
(2) ATTORNEY GENERAL TO ESTABLISH GUIDE-
LINES.—The Attorney General shall establish guide-
lines for State registration programs under this
section.
(3) MANDATORY ELEMENTS OF GUIDELINES.—
Such guidelines shall include provision for—
(A) a requirement that the State obtain
the fingerprints, physical description, and cur-
rent photographs of each registered person;
(B) annual updating of the information
contained in the registry by each registered per-
son; and
(C) criminal penalties for failing to comply
with the registration requirements.
(b) STATES TO REPORT.—
(1) IN GENERAL.—Each State shall report to
the Attorney General, in such form and manner as
the Attorney General shall prescribe—
(A) information about each conviction for
a criminal offense against a victim who is a
child; and
(B) the information on the registry that
State is required to establish and maintain
under subsection (a).
(2) ANNUAL SUMMARY OF CONVICTIONS.—The
Attorney General shall publish an annual summary
of convictions for offenses involving the physical,
psychological, or emotional injuring, sexual abuse or
exploitation, neglectful treatment, or maltreatment,
of children, based on information reported under
this section.
(c) SANCTION FOR NONCOMPLIANCE BY STATE.—If
a State fails to comply with an obligation under subsection
(a) or (b) during the period that begins 3 years after the
date of the enactment of this Act, the allocation of funds
under section 506 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3756) shall be
reduced by 25 percent, and the unallocated funds shall
be reallocated to the States complying with those obliga-
tions.
(d) BACKGROUND CHECKS.—
(1) IN GENERAL.—A State may permit quali-
fied entities to obtain from an authorized agency of
the State a nationwide background check for the
purpose of determining whether there is a report
that a provider has been convicted of a background
check crime.
(2) ATTORNEY GENERAL TO PROVIDE INFORMA-
TION.—The Attorney General, in accordance with
such rules and subject to such conditions as the At-
torney General shall prescribe, shall provide to au-
thorized agencies of States information possessed by
the Department of Justice that would enable the
agency to make the background check described in
paragraph (1). In making such rules and setting
such conditions, the Attorney General shall take care
to assure—
(A) the currency and accuracy of the infor-
mation; and
(B) that the States maintain procedures to
permit providers to check and correct informa-
tion relating to such providers.
(e) DEFINITIONS.—As used in this Act—
(1) the term ‘‘child’’ means a person who has
not attained the age of 18 years;
(2) the term ‘‘State’’ includes the District of
Columbia, Puerto Rico, and any other territory or
possession of the United States;
(3) the term ‘‘authorized agency of the State’’
means the agency of the State the State designates
to carry out the background checks described in sec-
tion 5;
(4) the term ‘‘qualified entity’’ means a busi-
ness or organization of any sort that provides child
care or child care placement services, including a
business or organization that licenses or certifies
others to provide such services;
(5) the term ‘‘provider’’ means any person
who—
(A) seeks or has contact with a child while
that child is receiving care from a qualified en-
tity; and
(B) seeks employment or ownership of a
qualified entity; and
(6) the term ‘‘background check crime’’ means,
with respect to a provider, any crime committed by
that provider that, as determined under rules pre-
scribed by the Attorney General, may affect the
safety of children under the care of a qualified entity
with respect to which that provider has a relation-
ship described in paragraph (5).
SEC. 136. INCREASED PENALTIES FOR ASSAULTS AGAINST
CHILDREN.
(a) SIMPLE ASSAULT.—Section 113(e) of title 18,
United States Code, is amended by striking ‘‘by fine’’ and
all that follows through the period and inserting ‘‘—
‘‘(A) if the victim of the assault is an individual
who has not attained the age of 16 years, by a fine
under this title or imprisonment for not more than
one year, or both; and
‘‘(B) by a fine under this title or imprisonment
for not more than three months, or both, in any
other case.’’.
(b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY
INJURY.—Section 113 of title 18, United States Code, is
amended by adding at the end the following:
‘‘(7) Assault resulting in substantial bodily in-
jury to an individual who has not attained the age