‘‘(11)(A) There are authorized to be appropriated to
carry out part Q, to remain available until expended—
‘‘(i) $1,035,000,000 for fiscal year 1994;
‘‘(ii) $1,720,000,000 for fiscal year 1995;
‘‘(iii) $2,070,000,000 for fiscal year 1996;
‘‘(iv) $2,270,000,000 for fiscal year 1997; and
‘‘(v) $1,900,000,000 for fiscal year 1998.
‘‘(B) Of funds available under part Q in any fiscal
year, up to 5 percent may be used for technical assistance
under section 1701(e) or for evaluations or studies carried
out or commissioned by the Attorney General in further-
ance of the purposes of part Q, and up to 5 percent may
be used for the costs of States in carrying out the func-
tions described in section 1703(b) or other administrative
costs. Of the remaining funds, 60 percent shall be allo-
cated for grants pursuant to applications submitted as
provided in section 1703(a) or (d), and 40 percent shall
be allocated for grants pursuant to applications submitted
as provided in section 1703(c). Of the funds available in
relation to grants pursuant to applications submitted as
provided in section 1703(a) or (d), at least 85 percent
shall be applied to grants for the purposes specified in sec-
tion 1701(b), and no more than 15 percent may be applied
to other grants in furtherance of the purposes of part Q.
Of the funds available in relation to grants pursuant to
applications submitted as provided in section 1703(c), at
least 85 percent shall be applied to grants for the purposes
specified in section 1701(b), and no more than 15 percent
may be applied to other grants in furtherance of the pur-
poses of part Q. In view of the extraordinary need for law
enforcement in Indian country, an appropriate amount of
funds available under part Q shall be made available for
grants to Indian tribes or tribal law enforcement agen-
cies.’’.
Subtitle B—Safe Schools
SEC. 111. INCREASED PENALTIES FOR DRUG TRAFFICKING
NEAR SCHOOLS.
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 it appears and inserting ‘‘5 years’’.
SEC. 112. FEDERAL SAFE SCHOOL DISTRICTS.
(a) ELECTION TO QUALIFY.—
(1) IN GENERAL.—By decision of a local edu-
cational agency or by referendum of the voters in a
school district served by a local educational agency,
a school district may elect to qualify as a Federal
safe school district under this section.
(2) DEFINITION.—For purposes of this section,
the term ‘‘local educational agency’’ shall have the
meaning given such term in section 1471(12) of the
Elementary and Secondary Education Act of 1965.
(b) FUNDING FOR ENHANCED SCHOOL SECURITY.—
(1) IN GENERAL.—The Attorney General may
make a grant to a local educational agency serving
a Federal safe school district or to a local law en-
forcement agency with jurisdiction over the school
district, as appropriate, to pay for enhanced school
security measures.
(2) ENHANCED
SCHOOL
SECURITY
MEAS-
URES.—The measures that may be funded by a
grant under paragraph (1) include—
(A) equipping schools with metal detectors,
fences, closed circuit cameras, and other phys-
ical security measures;
(B) providing increased police patrols in
and around schools, including police hired pur-
suant to this title;
(C) mailings to parents at the beginning of
the school year stating that the possession of a
gun or other weapon in school will not be toler-
ated by school authorities;
(D) signs on each school indicating that
the school is part of a Federal Safe School Dis-
trict; and
(E) gun hotlines.
SEC. 113. ENHANCED PENALTY FOR VIOLATION OF THE
GUN-FREE SCHOOL ZONES ACT.
(a) IN GENERAL.—Section 924(a)(4) of title 18,
United States Code, is amended—
(1) by striking ‘‘not more than 5 years’’ the 1st
place such term appears and inserting ‘‘not less than
5 years and not more than 10 years’’; and
(2) by striking the 3rd sentence.
(b) TECHNICAL AMENDMENT.—Section 924(a)(1)(B)
of such title is amended by striking ‘‘(q)’’ and inserting
‘‘(r)’’.
Subtitle C—Criminal Street Gangs;
Crimes Against Children; Paren-
tal Accountability
SEC. 121. CRIMINAL STREET GANGS OFFENSES.
(a) OFFENSE.—Title 18, United States Code, is
amended by inserting after chapter 93 the following:
‘‘CHAPTER 94—PROHIBITED PARTICIPATION IN
CRIMINAL STREET GANGS AND GANG CRIME
‘‘Sec.
‘‘1930. Prohibited activity.
‘‘1931. Penalties.
‘‘1932. Investigative authority.
‘‘1933. Definitions.
‘‘§ 1930. Prohibited activity
‘‘It shall be unlawful—
‘‘(1) to commit, or to attempt to commit, a
predicate gang crime with intent to promote or fur-
ther the activities of a criminal street gang or for
the purpose of gaining entrance to or maintaining or
increasing position in such a gang;
‘‘(2) to participate, or attempt to participate, in
a criminal street gang, or conspire to do so;
‘‘(3) to command, counsel, persuade, induce,
entice, or coerce any individual to participate in a
criminal street gang;
‘‘(4) to employ, use, command, counsel, per-
suade, induce, entice, or coerce any individual to
commit, cause to commit, or facilitate the commis-
sion of, a predicate gang crime, with intent to pro-
mote the activities of a criminal street gang or for
the purpose of gaining entrance to or maintaining or
increasing position in such a gang; or
‘‘(5) to use any communication facility, as de-
fined in section 403(b) of the Controlled Substances
Act, in causing or facilitating the commission, or at-
tempted commission, of a predicate gang crime with
intent to promote or further the activities of a crimi-
nal street gang or for the purpose of gaining en-
trance to or maintaining or increasing position in
such a gang. Each separate use of a communication
facility shall be a separate offense under this section.
‘‘§ 1931. Penalties
‘‘(a) PENALTIES OF UP TO 20 YEARS OR LIFE IM-
PRISONMENT.—Whoever violates section 1930(b) (1) or
(2) shall be punished by imprisonment for not more than
20 years, or by imprisonment for any term of years or
for life if the violation is based on a predicate gang crime
for which the maximum penalty includes life imprison-
ment, and if the violation occurs after 1 or more prior
convictions for such a predicate gang crime, that is not
part of the instant violation, such person shall be sen-
tenced to a term of imprisonment which shall not be less
than 10 years and which may be for any term of years
exceeding 10 years or for life.
‘‘(b) PENALTIES BETWEEN 5 AND 10 YEARS.—Who-
ever violates section 1930 (b)(3) or (b)(4) shall be sen-
tenced to imprisonment for not less than 5 and not more
than 10 years, and if the individual who was the subject
of the act was less than 18 years of age, such person shall
be imprisoned for 10 years. A term of imprisonment under
this subsection shall run consecutively to any other term
of imprisonment, including that imposed for any other vio-
lation of this chapter.
‘‘(c) PENALTIES OF UP TO 5 YEARS.—Whoever vio-
lates section 1930(b)(5) shall be punished by imprison-
ment for not more than 5 years.
‘‘(d) ADDITIONAL PENALTIES.—In addition to the
other penalties set forth in this section—
‘‘(1) whoever violates section 1930(b) (1) or
(2), 1 of whose predicate gang crimes involves mur-
der or conspiracy to commit murder which results in
the taking of a life, and who commits, counsels,
commands, induces, procures, or causes that mur-
der, shall be punished by death or by imprisonment
for life;
‘‘(2) any person who violates section 1930(b)
(1) or (2), 1 of whose predicate gang crimes involves
attempted murder or conspiracy to commit murder,
shall be sentenced to a term of imprisonment which
shall not be less than 20 years and which may be
for any term of years exceeding 20 years or for life;
and
‘‘(3) any person who violates section 1930(b)
(1) or (2), and who at the time of the offense occu-
pied a position of organizer or supervisor, or other
position of management in that street gang, shall be
sentenced to a term of imprisonment which shall not
be less than 15 years and which may be for any
term of years exceeding 15 years or for life.
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.
Sections 413(b), 413(c), and 413 (e) through (p) of the
Controlled Substances Act 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.
‘‘§ 1133. Definitions
‘‘As used in this chapter—
‘‘(1) the term ‘predicate gang crime’ means—
‘‘(A) any act or threat, or attempted act or
threat, which is chargeable under Federal or
State law and punishable by imprisonment for
more than 1 year, involving murder, assault,
kidnapping, robbery, extortion, burglary, arson,
property damage or destruction, obstruction of
justice, tampering with or retaliating against a
witness, victim, or informant, or manufacturing,
importing, receiving, concealing, purchasing,
selling, possessing, or otherwise dealing in a
controlled substance or controlled substance
analogue (as those terms are defined in section
102 of the Controlled Substances Act (21
U.S.C. 802));
‘‘(B) any act, punishable by imprisonment
for more than 1 year, which is indictable under
any of the following provisions of title 18,
United 
States 
Code: 
sections 
922 
and
924(a)(2), (b), (c), (g), or (h) (relating to re-
ceipt, possession, and transfer of firearms); sec-
tion 1503 (relating to obstruction of justice);
section 1510 (relating to obstruction of criminal
investigations); section 1512 (relating to tam-
pering with a witness, victim, or informant);
section 1513 (relating to retaliating against a
witness, victim, or informant); or
‘‘(C) any act indictable under subsection
(b)(5) of this section;
‘‘(2) the term ‘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 a purpose that any of those individuals
alone, or in any combination, commit or will commit,
2 or more predicate gang crimes, one of which must
occur after the enactment of this chapter and the
last of which occurred within 10 years (excluding
any period of imprisonment) after the commission of
a prior predicate gang crime;
‘‘(3) the term ‘participate in a criminal street
gang’ means to act in concert with a criminal street
gang with intent to commit, or that any other indi-
vidual associated with the criminal street gang will
commit, 1 or more predicate gang crimes; and
‘‘(4) the term ‘State’ means a State of the
United States, the District of Columbia, and any
commonwealth, territory, or possession of the United
States.’’.
(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. 122. 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. 123. 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. 124. INCREASED PENALTIES FOR DRUG TRAFFICKING
NEAR PUBLIC HOUSING.
Section 419 of the Controlled Substances Act (21
U.S.C. 860) is amended—
(1) in subsection (a) by striking ‘‘playground,
or within’’ and inserting ‘‘playground, or housing
facility owned by a public housing authority, or
within’’; and
(2) in subsection (b) by striking ‘‘playground,
or within’’ and inserting ‘‘playground, or housing
facility owned by a public housing authority, or
within’’.
SEC. 125. PARENTAL ACCOUNTABILITY.
(a) IN GENERAL.—Chapter 43 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 5043. Civil penalties for parents of certain juvenile
offenders
‘‘(a) IN GENERAL.—(1) The parent or legal guard-
ians of any juvenile charged with any violation of Federal
law shall attend all court proceedings involving the
juvenille, and
‘‘(2) Except as provided in subsection (b), the parents
or legal guardians of a juvenile who has been convicted
of a criminal offense under any Federal law may be liable
to the United States for a civil penalty of not more than
$10,000.
‘‘(b) EXERCISE OF PARENTAL RESPONSIBILITY.—
The court may decline to enforce, if it would cause undue
hardship, subsection (a)(1) or to impose a fine under sub-
section (a)(2) if the court makes an affirmative determina-
tion that under the circumstances, the parents or legal
guardians exercised reasonable care, supervision and con-
trol of the juvenile and counseled the juvenile that criminal
activity is not acceptable.
‘‘(c) AMOUNT OF CIVIL PENALTIES.—
‘‘(1) MANDATORY MINIMUM.—In no case shall
a civil penalty imposed under subsection (a) be less
than $100.
‘‘(2) FINANCIAL HARDSHIP.—In no case shall a
civil penalty imposed under subsection (a) be less
than $500 unless the court makes a finding that a
civil penalty in that amount would impose a severe
financial hardship on the family of the parent or
legal guardians.
‘‘(3) If the court determines that the parents or
legal guardians are not financially able to pay the
civil penalty immediately, the court may set a sched-
ule by which the civil penalty will be paid over time.
‘‘(d) COMMUNITY SERVICE OR PARENTING CLASSES
IN LIEU OF CIVIL PENALTY.—A parent or legal guardian
ordered to pay a civil penalty under this section may peti-
tion the court to perform such community service or at-
tend and successfully complete parenting classes, as the
court determines to be appropriate, in lieu of the civil
penalty.
‘‘(e) DEFINITIONS.—
‘‘(1) As used in this section, the term ‘juvenile’
means any person who is under 18 years of age.
‘‘(2) For the purpose of this section, the term
‘parent’ means a biological or custodial parent or
noncustodial parent during periods of child visita-
tion, who has legal responsibility for the juvenile at
the time the crime was committed.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 403 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘5043. Civil penalties for parents of certain juvenile offenders.’’.
SEC. 126. DEATH PENALTY FOR MURDER DURING THE
SEXUAL 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. 127. INCREASED PENALTIES FOR SEX OFFENSES
AGAINST VICTIMS BELOW THE AGE OF 16.
Paragraph (2) of section 2245 of title 18, United
States Code, 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. 128. 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
if the production of such visual depiction involved the use
of a minor engaging in sexually explicit conduct, shall be
published as provided under subsection (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.
‘‘(c) Any individual who violates this section, or con-
spires or attempts to do so, shall be fined under this title,
or imprisoned not more than 10 years, or both, but, if
such individual has a prior conviction under this chapter
or chapter 109A of this title, such individual shall be fined
according to the provisions of this title, or imprisoned not
less than five years nor more than 15 years, or both.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of 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.’’.
(c) TECHNICAL AMENDMENT.—Section 2251(d) of
title 18, United States Code, is amended—
(1) by striking ‘‘not more than $100,000’’ and
inserting ‘‘under this title’’;
(2) by striking ‘‘not more than $200,000’’ and
inserting ‘‘under this title’’; and
(3) by striking ‘‘not more than $250,000’’ and
inserting ‘‘under this title’’.
(d) SECTION 2251 PENALTY ENHANCEMENT.—Sec-
tion 2251(d) of title 18, United States Code, is amended
by striking ‘‘this section’’ the second place it appears and
inserting ‘‘this chapter or chapter 109A of this title’’.
(e) SECTION 2252 PENALTY ENHANCEMENT.—Sec-
tion 2252(b)(1) of title 18, United States Code, is amend-
ed by striking ‘‘this section’’ and inserting ‘‘this chapter
or chapter 109A of this title’’.
(f) CONSPIRACY AND ATTEMPT.—Sections 2251(d)
and 2252(b) of title 18, United States Code, are each
amended by inserting ‘‘, or attempts or conspires to do
so,’’ after ‘‘violates’’ each place it appears.
(g) RICO AMENDMENT.—Section 1961(l) of title 18,
United States Code, is amended by striking ‘‘2251–2252’’
and inserting ‘‘2251, 2252, or 2258’’.
(h) TRANSPORTATION OF MINORS.—Section 2423 of
title 18, United States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and
(2) by adding at the end the following:
‘‘(b) Whoever travels in interstate or foreign com-
merce, or conspires to do so, for the purpose of engaging
in any sexual act (as the term ‘sexual act’ is defined in
section 2245 of this title) with a person under 18 years
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. 129. 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. 130. 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. 131. 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 18 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
of 18 years, by a fine under this title or imprison-
ment for not more than 5 years, or both.’’.
(c) TECHNICAL AND STYLISTIC CHANGES TO SEC-
TION 113.—Section 113 of title 18, United States Code,
is amended—
(1) in paragraph (b), by striking ‘‘of not more
than $3,000’’ and inserting ‘‘under this title’’;
(2) in paragraph (c), by striking ‘‘of not more
than $1,000’’ and inserting ‘‘under this title’’;
(3) in paragraph (d), by striking ‘‘of not more
than $500’’ and inserting ‘‘under this title’’;
(4) in paragraph (e), by striking ‘‘of not more
than $300’’ and inserting ‘‘under this title’’;
(5) by modifying the left margin of each of
paragraphs (a) through (f) so that they are indented
2 ems;
(6) by redesignating paragraphs (a) through (f)
as paragraphs (1) through (6); and
(7) by inserting ‘‘(a)’’ before ‘‘Whoever’’.
(d) DEFINITIONS.—Section 113 of title 18, United
States Code, is amended by adding at the end the
following:
‘‘(b) As used in this subsection—
‘‘(1) the term ‘substantial bodily injury’ means
bodily injury which involves—
‘‘(A) a temporary but substantial disfigure-
ment; or
‘‘(B) a temporary but substantial loss or
impairment of the function of any bodily mem-
ber, organ, or mental faculty; and
‘‘(2) the term ‘serious bodily injury’ has the
meaning given that term in section 1365 of this
title.’’.
(e) 
ASSAULTS
IN
INDIAN
COUNTRY.—Section
1153(a) of title 18, United States Code, is amended by
inserting ‘‘(as defined in section 1365 of this title), an
assault against an individual who has not attained the age
of 18 years’’ after ‘‘serious bodily injury’’.
SEC. 132. OFFENSE OF INDUCING MINORS OR OTHER PER-
SONS TO USE STEROIDS.
Section 404 of the Controlled Substances Act (21
U.S.C. 844) is amended by inserting after subsection (a)
the following new subsection:
‘‘(b)(1) Whoever, being a physical trainer or adviser
to a person, attempts to persuade or induce the person
to possess or use anabolic steroids in violation of sub-
section (a), shall be fined under title 18, United States
Code, imprisoned not more than 2 years (or if the person
attempted to be persuaded or induced was less than 18
years of age at the time of the offense, 5 years), or both.
‘‘(2) As used in this subsection, the term ‘physical
trainer or adviser’ means a professional or amateur coach,
manager, trainer, instructor, or other such person who
provides athletic or physical instruction, training, advice,
assistance, or any other such service to any person.’’.
SEC. 133. INCREASED PENALTIES FOR DRUG DISTRIBUTION
TO PREGNANT WOMEN.
The United States Sentencing Commission shall
amend the sentencing guidelines to increase by at least
4 levels the base offense level for an offense under section
2241 (relating to aggravated sexual abuse) or section
2242 (relating to sexual abuse) of title 18, United States
Code, and shall consider whether any other changes are
warranted in the guidelines provisions applicable to such
offenses to ensure realization of the objectives of sentenc-
ing. In amending the guidelines in conformity with this
section, the Sentencing Commission shall review the ap-
propriateness and adequacy of existing offense character-
istics and adjustments applicable to such offenses, taking
into account the heinousness of sexual abuse offenses, the
severity and duration of the harm caused to victims, and
any other relevant factors. In any subsequent amendment
to the sentencing guidelines, the Sentencing Commission
shall maintain minimum guidelines sentences for the of-
fenses referenced in this section which are at least equal
to those required by this section.
SEC. 134. INTERSTATE ENFORCEMENT OF CHILD SUPPORT
ORDERS.
(a) TITLE 28 AMENDMENT.—Chapter 115 of title 28,
United States Code, is amended by inserting after section
1738A the following new section:
‘‘§ 1738B. Full faith and credit given to child support
orders
‘‘(a) GENERAL RULE.—The appropriate authorities
of each State shall enforce according to its terms, and
shall not modify except as provided in subsection (e), any
child support order made consistently with the provisions
of this section by a court of another State.
‘‘(b) DEFINITIONS.—As used in this section, the
term—
‘‘(1) ‘child’ means any person under 18 years of
age, and includes an individual 18 or more years of
age for whom a child support order has been issued
pursuant to the laws of a State;
‘‘(2) ‘child’s State’ means the State in which a
child currently resides;
‘‘(3) ‘child support order’ means a judgment,
decree, or order of a court requiring the payment of
money, or the provision of a benefit, including health
insurance and life insurance, whether in periodic
amounts or lump sum, for the support of a child and
includes permanent and temporary orders, initial or-
ders and modifications, ongoing support, and arrear-
ages;
‘‘(4) ‘child support’ means a payment of money
or provision of a benefit described in paragraph (3)
for the support of a child;
‘‘(5) ‘contestant’ means a person, including a
parent, who claims a right to receive child support
or against whom a right to receive child support is
claimed or asserted, and includes States and political
subdivisions to whom the right to obtain a child sup-
port order has been assigned;
‘‘(6) ‘court’ means a court, administrative proc-
ess, or quasi-judicial process of a State which is au-
thorized by State law to establish the amount of
child support payable by a contestant or modify the
amount of child support payable by a contestant;
‘‘(7) ‘modification’ and ‘modify’ refer to a
change in a child support order which affects the
amount, scope, or duration of such order and modi-
fies, replaces, supersedes, or otherwise is made sub-
sequent to such child support order, whether or not
made by the same court as such child support order;
and
‘‘(8) ‘State’ means a State of the United
States, the District of Columbia, the Commonwealth
of Puerto Rico, the territories and possessions of the
United States, and Indian country as defined in sec-
tion 1151 of title 18.
‘‘(c) REQUIREMENTS OF CHILD SUPPORT ORDERS.—
A child support order made by a court of a State is con-
sistent with the provisions of this section only if—
‘‘(1) such court, pursuant to the laws of the
State in which such court is located, had jurisdiction
to hear the matter and enter such an order and had
personal jurisdiction over the contestants; and
‘‘(2) reasonable notice and opportunity to be
heard was given to the contestants.
‘‘(d) CONTINUING JURISDICTION.—A court of a
State which has made a child support order consistently
with the provisions of this section has continuing, exclusive
jurisdiction of that order when such State is the child’s
State or the residence of any contestant unless another
State, acting in accordance with subsection (e), has modi-
fied that order.
‘‘(e) AUTHORITY TO MODIFY ORDERS.—A court of
a State may modify a child support order with respect to
a child that is made by a court of another State, if—
‘‘(1) it has jurisdiction to make such a child
support order; and
‘‘(2) the court of the other State no longer has
continuing, exclusive jurisdiction of the child support
order because such State no longer is the child’s
State or the residence of any contestant, or each
contestant has filed written consent for the State to
modify the order and assume continuing, exclusive
jurisdiction of such order.
‘‘(f) ENFORCEMENT OF PRIOR ORDERS.—A court of
a State which no longer has continuing, exclusive jurisdic-
tion of a child support order may enforce such order with
respect to unsatisfied obligations which accrued before the
date on which a modification of such order is made under
subsection (e).’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 115 of title 28, United
States Code, is amended by inserting after the item relat-
ing to section 1738A the following:
‘‘1738B. Full faith and credit given to child support orders.’’.
SEC. 135. INCLUSION IN CONSUMER CREDIT REPORTS OF
INFORMATION ON OVERDUE CHILD SUPPORT
OBLIGATIONS OF THE CONSUMER.
(a) PROVISION TO CONSUMER REPORTING AGENCIES
OF INFORMATION ON OVERDUE CHILD SUPPORT OBLIGA-
TIONS OF ABSENT PARENTS.—Section 466(a)(7) of the
Social Security Act (42 U.S.C. 666(a)(7)) is amended—
(1) by striking ‘‘will’’ and inserting ‘‘shall’’;
(2) by striking ‘‘upon the request of such agen-
cy’’;
(3) by striking ‘‘, and (C)’’ and all that follows
through ‘‘State’’; and
(4) by striking ‘‘minor’’ from 466(e) and delet-
ing ‘‘at the option’’ and all that follows through the
word ‘‘section.’’
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the 1st day of the 1st cal-
endar quarter that begins on or after the date of the en-
actment of this Act.
SEC. 136. CRIMES INVOLVING THE USE OF MINORS AS RICO
PREDICATES.
Paragraph (1) of section 1961 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 im-
prisonment for more than 1 year and that involved
the use of a person below the age of 18 years in the
commission of the offense’’.
SEC. 137. INCREASED PENALTIES FOR USING MINORS IN
DRUG TRAFFICKING AND DRUG DISTRIBU-
TION TO MINORS.
(a) DRUG DISTRIBUTION
TO MINOR
BY RECIDI-
VIST.—Section 418(b) of the Controlled Substances Act
(21 U.S.C. 859(b)) is amended by striking ‘‘one year’’ and
inserting ‘‘3 years’’.
(b) USE OF MINOR IN TRAFFICKING BY RECIDI-
VIST.—Section 420(c) of the Controlled Substances Act
(21 U.S.C. 861(b)) is amended by striking ‘‘one year’’ and
inserting ‘‘3 years’’.
(c) CONCURRENT VIOLATION OF PROHIBITION OF
USE OF MINORS AND TRAFFICKING NEAR SCHOOLS.—
Section 419(b) of the Controlled Substances Act (21
U.S.C. 860(b)) is amended by inserting ‘‘, or under cir-
cumstances involving a violation of section 420(a),’’ before
‘‘is punishable’’.
SEC. 138. INCREASED PENALTIES FOR USING A MINOR IN
COMMISSION OF A FEDERAL OFFENSE.
(a) IN GENERAL.—Chapter 1 of title 18, United
States Code, is amended by adding at the end the
following:
‘‘§ 21. Use of children in Federal offenses
‘‘(a) Except as otherwise provided by law, whoever,
being at least 18 years of age, uses a child to commit a
Federal offense, or to assist in avoiding detection or ap-
prehension for a Federal offense, shall—
‘‘(1) after a previous conviction under this sub-
section has become final, be subject to 3 times the
maximum imprisonment and 3 times the maximum
fine otherwise provided for the Federal offense in
which the child is used; and
‘‘(2) in any other case, be subject to 2 times the
maximum imprisonment and 2 times the maximum
fine for such offense.
‘‘(b) As used in this section—
‘‘(1) the term ‘child’ means a person who is
under 18 years of age; and
‘‘(2) the term ‘uses’ means employs, hires, uses,
persuades, induces, entices, or coerces.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 1 of title 18, United States
Code, is amended by adding at the end the following new
item:
‘‘21. Use of children in Federal offenses.’’.
SEC. 139. INTERNATIONAL PARENTAL KIDNAPPING.
(a) IN GENERAL.—Chapter 55 (relating to kidnap-
ping) of title 18, United States Code, is amended by add-
ing at the end the following:
‘‘§ 1204. International parental kidnapping
‘‘(a) Whoever—
‘‘(1) removes a child from the United States or
retains a child (who has been in the United States)
outside the United States—
‘‘(A) in order to obstruct the lawful exer-
cise of parental rights that are established in a
court order;