that would reasonably be expected to cause bod-
ily injury;
‘‘(9) who has been convicted in any court of a
misdemeanor crime of domestic violence; or
‘‘(10) who has been adjudicated delinquent.’’.
(c) DEFINITION.—Section 841 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘(r)(1) Except as provided in paragraph (2), ‘mis-
demeanor crime of domestic violence’ means an offense
that—
‘‘(A) is a misdemeanor under Federal or State
law; and
‘‘(B) has, as an element, the use or attempted
use of physical force, or the threatened use of a
deadly weapon, committed by a current or former
spouse, parent, or guardian of the victim, by a per-
son with whom the victim shares a child in common,
by a person who is cohabiting with or has cohabited
with the victim as a spouse, parent, or guardian, or
by a person similarly situated to a spouse, parent,
or guardian of the victim.
‘‘(2)(A) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless—
‘‘(i) the person was represented by counsel in
the case, or knowingly and intelligently waived the
right to counsel in the case; and
‘‘(ii) in the case of a prosecution for an offense
described in this paragraph for which a person was
entitled to a jury trial in the jurisdiction in which
the case was tried—
‘‘(I) the case was tried by a jury; or
‘‘(II) the person knowingly and intel-
ligently waived the right to have the case tried
by jury, by guilty plea or otherwise.
‘‘(B) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter
if the conviction has been expunged or set aside, or is an
offense for which the person has been pardoned or has
had civil rights restored (if the law of the applicable juris-
diction provides for the loss of civil rights under such an
offense) unless the pardon, expungement, or restoration
of civil rights expressly provides that the person may not
ship, transport, possess, or receive firearms.
‘‘(s) ‘Adjudicated delinquent’ means an adjudication
of delinquency based upon a finding of the commission of
an act by a person prior to his or her eighteenth birthday
that, if committed by an adult, would be a serious drug
offense or violent felony (as defined in section 3559(c)(2)
of this title), on or after the date of enactment of this
paragraph.’’.
(d) ALIENS
ADMITTED
UNDER
NONIMMIGRANT
VISAS.—Section 842 is amended by adding at the end the
following:
‘‘(r)(1) For purposes of this subsection—
‘‘(A) the term ‘alien’ has the same meaning as
in section 101(a)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(3)); and
‘‘(B) the term ‘nonimmigrant visa’ has the
same meaning as in section 101(a)(26) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(26)).
‘‘(2) Sections (d)(7)(B) and (i)(5)(B) do not apply
to any alien who has been lawfully admitted to the United
States under a nonimmigrant visa, if that alien is a for-
eign law enforcement officer of a friendly foreign govern-
ment entering the United States on official law enforce-
ment business.
‘‘(3)(A) Any individual who has been admitted to the
United States under a nonimmigrant visa may receive a
waiver from the requirements of subsection (i)(5)(B), if—
‘‘(i) the individual submits to the Attorney Gen-
eral a petition that meets the requirements of sub-
paragraph (C); and
‘‘(ii) the Attorney General approves the peti-
tion.
‘‘(B) Each petition under subparagraph (B) shall—
‘‘(i) demonstrate that the petitioner has resided
in the United States for a continuous period of not
less than 180 days before the date on which the pe-
tition is submitted under this paragraph; and
‘‘(ii) include a written statement from the em-
bassy or consulate of the petitioner, authorizing the
petitioner to acquire explosives and certifying that
the alien would not, absent the application of sub-
section (i)(5)(B), otherwise be prohibited from such
an acquisition under subsection (i).
‘‘(C) The Attorney General shall approve a petition
submitted in accordance with this paragraph, if the Attor-
ney General determines that waiving the requirements of
subsection (i)(5)(B) with respect to the petitioner—
‘‘(i) would be in the interests of justice; and
‘‘(ii) would not jeopardize the public safety.’’.
(e) CONFORMING AMENDMENT.—Section 845 of title
18, United States Code, is amended by adding at the end
the following:
‘‘(d) Notwithstanding any other provision of this sec-
tion, no person convicted of a misdemeanor crime of do-
mestic violence may ship or transport any explosive mate-
rials in interstate or foreign commerce or to receive or pos-
sess any explosive materials which have been shipped or
transported in interstate or foreign commerce.’’.
TITLE VI—PUNISHING GANG VI-
OLENCE 
AND 
DRUG 
TRAF-
FICKING TO MINORS
SEC. 601. INCREASED MANDATORY MINIMUM PENALTIES
FOR USING MINORS TO DISTRIBUTE DRUGS.
Section 420 of the Controlled Substances Act (21
U.S.C. 861) is amended—
(1) in subsection (b), by striking ‘‘one year’’
and inserting ‘‘3 years’’; and
(2) in subsection (c), by striking ‘‘one year’’
and inserting ‘‘5 years’’.
SEC. 602. INCREASED MANDATORY MINIMUM PENALTIES
FOR DISTRIBUTING DRUGS TO MINORS.
Section 418 of the Controlled Substances Act (21
U.S.C. 859) is amended—
(1) in subsection (a), by striking ‘‘one year’’
and inserting ‘‘3 years’’; and
(2) in subsection (b), by striking ‘‘one year’’
and inserting ‘‘5 years’’.
SEC. 603. INCREASED MANDATORY MINIMUM PENALTIES
FOR DRUG TRAFFICKING IN OR NEAR A
SCHOOL OR OTHER PROTECTED LOCATION.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
(1) in subsection (a), by striking ‘‘one year’’
and inserting ‘‘3 years’’; and
(2) in subsection (b), by striking ‘‘three years’’
each place that term appears and inserting ‘‘5
years’’.
SEC. 604. CRIMINAL STREET GANGS.
(a) IN GENERAL.—Section 521 of title 18, United
States Code, is amended—
(1) in subsection (a), in the second undesig-
nated paragraph—
(A) by striking ‘‘5’’ and inserting ‘‘3’’;
(B) by inserting ‘‘, whether formal or in-
formal’’ after ‘‘or more persons’’; and
(C) in subparagraph (A), by inserting ‘‘or
activities’’ after ‘‘purposes’’;
(2) in subsection (b), by inserting after ‘‘10
years’’ the following: ‘‘and such person shall be sub-
ject to the forfeiture prescribed in section 412 of the
Controlled Substances Act (21 U.S.C. 853)’’;
(3) in subsection (c)—
‘‘(7) a conspiracy, attempt, or solicitation to
commit an offense described in paragraphs (1)
through (6).’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—
Section 3663(c)(4) of title 18, United States Code, is
amended by striking ‘‘chapter 46’’ and inserting ‘‘section
521, chapter 46,’’.
SEC. 605. INCREASE IN OFFENSE LEVEL FOR PARTICIPA-
TION IN CRIME AS A GANG MEMBER.
(a) DEFINITION OF CRIMINAL STREET GANG.—In
this section, the term ‘‘criminal street gang’’ has the
meaning given that term in section 521(a) of title 18,
United States Code.
(b) 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 the Federal Sentencing Guidelines to provide
an appropriate enhancement for any Federal offense
described in section 521(c) of title 18, United States
Code, if the offense was both committed in connec-
tion with, or in furtherance of, the activities of a
criminal street gang and the defendant was a mem-
ber of the criminal street gang at the time of the of-
fense.
(2) FACTORS TO BE CONSIDERED.—In deter-
mining an appropriate enhancement under this sec-
tion, the United States Sentencing Commission shall
give great weight to the seriousness of the offense,
the offender’s relative position in the criminal gang,
and the risk of death or serious bodily injury to any
person posed by the offense.
(c) CONSTRUCTION WITH OTHER GUIDELINES.—
The amendment made by subsection (b) shall provide that
the increase in the offense level shall be in addition to any
other adjustment under chapter 3 of the Federal Sen-
tencing Guidelines.
SEC. 606. INTERSTATE AND FOREIGN TRAVEL OR TRANS-
PORTATION IN AID OF CRIMINAL GANGS.
(a) TRAVEL ACT AMENDMENT.—Section 1952 of
title 18, United States Code, is amended to read as fol-
lows:
‘‘§ 1952. Interstate and foreign travel or transpor-
tation in aid of racketeering enterprises
‘‘(a) PROHIBITED CONDUCT AND PENALTIES.—
‘‘(1) IN GENERAL.—Whoever—
‘‘(A) travels in interstate or foreign com-
merce or uses the mail or any facility in inter-
state or foreign commerce, with intent to—
‘‘(i) distribute the proceeds of any un-
lawful activity; or
‘‘(ii) otherwise promote, manage, es-
tablish, carry on, or facilitate the pro-
motion, management, establishment, or
carrying on, of any unlawful activity; and
‘‘(B) after travel or use of the mail or any
facility in interstate or foreign commerce de-
scribed in subparagraph (A), performs, at-
tempts to perform, or conspires to perform an
act described in clause (i) or (ii) of subpara-
graph (A);
shall be fined under this title, imprisoned not more
than 10 years, or both.
‘‘(2) CRIMES OF VIOLENCE.—Whoever—
‘‘(A) travels in interstate or foreign com-
merce or uses the mail or any facility in inter-
state or foreign commerce, with intent to com-
mit any crime of violence to further any unlaw-
ful activity; and
‘‘(B) after travel or use of the mail or any
facility in interstate or foreign commerce de-
scribed in subparagraph (A), commits, attempts
to commit, or conspires to commit any crime of
violence to further any unlawful activity;
100
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.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) CONTROLLED
SUBSTANCE.—The term
‘controlled substance’ has the meaning given that
term in section 102(6) of the Controlled Substances
Act (21 U.S.C. 802(6)).
‘‘(2) STATE.—The term ‘State’ means a State
of the United States, the District of Columbia, and
any commonwealth, territory, or possession of the
United States.
‘‘(3) UNLAWFUL ACTIVITY.—The term ‘unlaw-
ful activity’ means—
‘‘(A) any business enterprise involving
gambling, liquor on which the Federal excise
tax has not been paid, narcotics or controlled
substances, or prostitution offenses in violation
of the laws of the State in which the offense is
committed or of the United States;
‘‘(B) extortion, bribery, arson, burglary if
the offense involves property valued at not less
than $10,000, assault with a deadly weapon,
assault resulting in bodily injury, shooting at an
101
occupied dwelling or motor vehicle, or retalia-
tion against or intimidation of witnesses, vic-
tims, jurors, or informants, in violation of the
laws of the State in which the offense is com-
mitted or of the United States; or
‘‘(C) any act that is indictable under sec-
tion 1956 or 1957 of this title or under sub-
chapter II of chapter 53 of title 31.’’.
(b) 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 2 of the Federal Sentencing Guide-
lines to provide an appropriate increase in the of-
fense levels for traveling in interstate or foreign
commerce in aid of unlawful activity.
(2) UNLAWFUL
ACTIVITY
DEFINED.—In this
subsection, the term ‘‘unlawful activity’’ has the
meaning given that term in section 1952(b) of title
18, United States Code, as amended by this section.
(3) SENTENCING ENHANCEMENT FOR RECRUIT-
MENT ACROSS STATE LINES.—Pursuant to its au-
thority under section 994(p) of title 28, United
States Code, the United States Sentencing Commis-
sion shall amend the Federal Sentencing Guidelines