Text: H.R.5969 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (07/29/2010)


111th CONGRESS
2d Session
H. R. 5969

To fight criminal gangs.


IN THE HOUSE OF REPRESENTATIVES
July 29, 2010

Mr. Pallone introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Financial Services, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To fight criminal gangs.

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

SECTION 1. Short title and table of contents.

(a) Short title.—This Act may be cited as the “Fighting Gangs and Empowering Youth Act of 2010”.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title and table of contents.

Sec. 101. Demonstration grants to encourage creative approaches to gang activity and after-school programs.

Sec. 102. Reauthorization of certain after-school programs.

Sec. 103. Reauthorization of Safe and Drug-Free Schools and Communities Act.

Sec. 104. Public and assisted housing gang elimination.

Sec. 105. Municipal Alliances.

Sec. 106. Reauthorization of the gang resistance education and training projects program and increased funding for the national youth gang survey.

Sec. 107. Mentoring grants to nonprofit organizations.

Sec. 111. Reauthorization of adult and juvenile offender State and local reentry demonstration projects.

Sec. 112. Children of incarcerated parents and families.

Sec. 113. Removal of limitation on amount of funds available for corrections education programs under the Adult Education and Family Literacy Act.

Sec. 114. Grants to States for improved workplace and community transition training for incarcerated youth offenders.

Sec. 115. Improved reentry procedures for Federal prisoners.

Sec. 121. Expansion and reauthorization of the mentoring initiative for system involved youth.

Sec. 122. Reauthorization of Learn and Serve America.

Sec. 123. Amendments to work opportunity tax credit.

Sec. 201. Authority to make gang activity policing grants.

Sec. 202. Eligible activities.

Sec. 203. Preferential consideration of applications for certain grants.

Sec. 204. Designation of high-intensity interstate gang activity areas.

Sec. 205. Use of components.

Sec. 206. Minimum amount.

Sec. 207. Matching funds.

Sec. 208. Providing additional forensic examiners.

Sec. 209. Authorization of appropriations.

Sec. 210. Performance evaluation.

Sec. 301. Criminal street gangs.

Sec. 302. Solicitation or recruitment of persons and violent crimes in furtherance or in aid of criminal street gangs.

Sec. 303. Interstate and foreign travel or transportation in aid of racketeering enterprises and criminal street gangs.

Sec. 304. Amendments relating to violent crime in areas of exclusive Federal jurisdiction.

Sec. 305. Increased penalties for use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence.

Sec. 306. Amendment of sentencing guidelines relating to certain gang and violent crimes.

Sec. 307. Study on expanding Federal authority for juvenile offenders.

Sec. 308. Study on examining the role of gangs in prisons.

Sec. 311. Increased penalties for use of firearm in crime of violence or drug trafficking crime.

Sec. 321. Standardization of crime reporting and investigation.

Sec. 322. Consolidating and standardizing gang-related crime data.

SEC. 101. Demonstration grants to encourage creative approaches to gang activity and after-school programs.

(a) In general.—The Attorney General may make grants to public or nonprofit private entities (including faith-based organizations) for the purpose of assisting the entities in carrying out projects involving innovative approaches to combat gang activity.

(b) Projects.—Projects described in subsection (a) shall target at-risk youth and juvenile offenders who are ages 11 to 19 years, who—

(1) fail to successfully complete secondary school;

(2) have entered the juvenile system;

(3) are at risk of failing to successfully complete secondary school or entering the juvenile system;

(4) are truants or runaways; or

(5) have siblings or family members who are members of a criminal street gang.

(c) Certain approaches.—Approaches described in subsection (a) may include—

(1) developing after-school gang prevention programs, including programs that provide for transportation to and from activities;

(2) encouraging teen-driven approaches to gang activity prevention;

(3) educating parents to recognize signs of problems and potential gang involvement in their children;

(4) teaching parents the importance of a nurturing family and home environment to keep children out of gangs; and

(5) facilitating communication between parents and children, especially programs that have been evaluated and proven effective.

(d) Matching funds.—

(1) IN GENERAL.—The Attorney General may make a grant under this section only if the entity receiving the grant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward the cost of activities to be performed with that grant in an amount that is not less than 25 percent of such costs.

(2) DETERMINATION OF AMOUNT CONTRIBUTED.—Non-Federal contributions required under paragraph (1) may be in cash or in kind, fairly evaluated, including facilities, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.

(e) Evaluation of projects.—

(1) IN GENERAL.—The Attorney General shall establish criteria for the evaluation of projects involving innovative approaches under subsection (a).

(2) GRANTEES.—A grant may be made under this section only if the entity involved—

(A) agrees to conduct evaluations of the approach in accordance with such criteria;

(B) agrees to submit to the Attorney General reports describing the results of the evaluations, as the Attorney General determines to be appropriate; and

(C) submits to the Attorney General, in the application under subsection (f), a plan for conducting the evaluations.

(f) Application for grant.—The Attorney General may make a grant under subsection (a) only if an application for the grant is submitted to the Attorney General and the application is in such form, is made in such manner, and contains such agreements, assurances, and information (including the agreements under subsections (d) and (e) and the plan under subsection (e)(2)(C)) as the Attorney General determines to be necessary to carry out this section.

(g) Report to congress.—Not later than October 1, 2012, the Attorney General shall submit to Congress a report describing the extent to which the approaches under subsection (a) have been successful in reducing the rate of gang activity in the communities in which the approaches have been carried out. That report shall describe the various approaches used under subsection (a) and the effectiveness of each of the approaches.

(h) Authorization of appropriations.—For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for each of the fiscal years 2011 through 2015.

SEC. 102. Reauthorization of certain after-school programs.

(a) 21st Century Community Learning Centers.—Section 4206 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7176) is amended to read as follows:

“SEC. 4206. Authorization of appropriations.

“ There is authorized to be appropriated to carry out this part $300,000,000 for each of fiscal years 2011 through 2015.”.

(b) Carol M. White physical education program.—Section 5401 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241) is amended—

(1) by striking “There are” and inserting “(a) In general.—There are”; and

(2) by adding at the end the following:

“(b) Physical education.—In addition to the amounts authorized to be appropriated under subsection (a), there are authorized to be appropriated $100,000,000 for each of fiscal years 2011 through 2015 to carry out subpart 10.”.

SEC. 103. Reauthorization of Safe and Drug-Free Schools and Communities Act.

(a) Safe and drug-Free schools and communities.—Section 4003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7103) is amended—

(1) in paragraph (1), by striking “$650,000,000 for fiscal year 2002, and such sums as may be necessary for each of the 5 succeeding fiscal years,” and inserting “$700,000,000 for each of fiscal years 2011 through 2015,”; and

(2) in paragraph (2), by striking “such sums for fiscal year 2002, and for each of the 5 succeeding fiscal years,” and inserting “$400,000,000 for each of fiscal years 2011 through 2015,”.

(b) National coordinator initiative.—Section 4125 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7135) is amended—

(1) in subsection (a)—

(A) by striking “From funds made available to carry out this subpart under section 4003(2), the Secretary may provide” and inserting “From amounts made available to carry out this subpart under section 4003(2) for each fiscal year, the Secretary shall reserve for each fiscal year not less than $40,000,000 to provide”; and

(B) by inserting “, gang prevention,” after “drug prevention”;

(2) in subsection (b)—

(A) in the first sentence—

(i) by inserting “, gang prevention,” after “serve as drug prevention”; and

(ii) by inserting “, gang,” after “significant drug”; and

(B) in the second sentence, by inserting “, gang,” after “analyzing assessments of drug”; and

(3) by adding at the end the following:

“(c) Authorization of appropriations.—There are authorized to be appropriated to carry out this section $40,000,000 for each of fiscal years 2011 through 2015.”.

(c) Mentoring program.—Section 4130(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7140(b)) is amended—

(1) in the matter preceding subparagraph (A) of paragraph (1), by striking “The Secretary may award grants from funds made available to carry out this subpart under section 4003(2)” and inserting “From amounts made available to carry out this subpart under section 4003(2) for each fiscal year, the Secretary shall reserve for each fiscal year not less than $50,000,000 to award grants”;

(2) in paragraph (5)(B)(i), by inserting “elementary school and middle school” after “serves”; and

(3) in paragraph (5)(C)(ii)(IV), by striking “the 4th” and inserting “kindergarten”.

(d) Anti-Gang discretionary grants.—Subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7131 et seq.) is amended by adding at the end the following:

“SEC. 4131. Anti-gang discretionary grants.

“(a) Authority To make grants.—From amounts made available to carry out this subpart under section 4003(2) for each fiscal year, the Secretary shall reserve for each fiscal year not less than $50,000,000 to award grants, on a competitive basis, to nonprofit organizations to enable the nonprofit organizations to establish programs to assist a public elementary school or middle school in providing an innovative approach—

“(1) to combat gang activity in the school and the community surrounding the school; and

“(2) to heighten awareness of, and provide tools to reduce, gang violence in the school and the community surrounding the school.

“(b) Application.—To be eligible to receive a grant under this section, a nonprofit organization shall submit an application to the Secretary that includes a detailed plan to combat gang activity and reduce gang violence in a school and the surrounding community.

“(c) Priority consideration.—In awarding grants under this section, the Secretary shall give priority consideration to applications describing programs that target youth living in a high-intensity interstate gang activity area defined under section 204 of the Fighting Gangs and Empowering Youth Act of 2010.

“(d) Reports.—The Secretary shall require any recipient of a grant under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (b), and any change in the incidence of gang-related crime in projects assisted under this section.

“(e) Monitoring.—The Secretary shall audit and monitor the programs funded under this section to ensure that assistance provided under this section is administered in accordance with the provisions of this section.”.

SEC. 104. Public and assisted housing gang elimination.

(a) Public and assisted housing.—Title V of the Anti-Drug Abuse Act of 1988 (Public Law 100–690; 102 Stat. 4295) is amended by adding at the end the following new subtitle:

“SEC. 5401. Short title.

“This subtitle may be cited as the ‘Public and Assisted Housing Gang Elimination Act of 2010’.

“SEC. 5402. Definitions.

“In this subtitle—

“(1) the term ‘federally assisted low-income housing’ means housing assisted under—

“(A) section 221(d)(3), section 221(d)(4), or 236 of the National Housing Act;

“(B) section 101 of the Housing and Urban Development Act of 1965;

“(C) section 8 of the United States Housing Act of 1937; or

“(D) the Native American Housing Assistance and Self-Determination Act of 1996;

“(2) the term ‘high-intensity interstate gang activity area’ means an area designated by the Attorney General under section 204 of the Fighting Gangs and Empowering Youth Act of 2010; and

“(3) the term ‘Secretary’ means the Secretary of Housing and Urban Development.

“SEC. 5403. Authority to make grants.

“The Secretary, in accordance with the provisions of this subtitle, may make grants to public housing agencies (including any Indian tribe or other recipient under the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.)) and private, for-profit and nonprofit owners of federally assisted low-income housing for use in eliminating gang-related crime.

“SEC. 5404. Eligible activities.

“Grants under this subtitle may be used in public housing or other federally assisted low-income housing projects for—

“(1) the employment of security personnel;

“(2) reimbursement of local law enforcement agencies for additional security and protective services;

“(3) physical improvements which are specifically designed to enhance security;

“(4) the employment of 1 or more individuals—

“(A) to investigate gang-related crime on or about the real property comprising any public or other federally assisted low-income housing project; and

“(B) to provide evidence relating to such crime in any administrative or judicial proceeding;

“(5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with local law enforcement officials;

“(6) programs designed to reduce gang activity in and around public or other federally assisted low-income housing projects, including encouraging teen-driven approaches to gang activity prevention; and

“(7) providing funding to nonprofit public housing resident management corporations and resident councils to develop security and gang prevention programs involving site residents.

“SEC. 5405. Applications.

“(a) Required submission.—

“(1) IN GENERAL.—To receive a grant under this subtitle, a public housing agency or an owner of federally assisted low-income housing shall submit an application to the Secretary, at such time, in such manner, and accompanied by such additional information as the Secretary may reasonably require.

“(2) REQUIRED INCLUSIONS.—Any application submitted under paragraph (1) shall include a plan for addressing the problem of gang-related crime on the premises of the housing administered or owned by the applicant for which the application is being submitted.

“(b) Criteria.—Except as provided by subsections (c) and (d) the Secretary shall approve applications under this subtitle based exclusively on—

“(1) the extent of the gang-related crime problem in the public or federally assisted low-income housing project or projects proposed for assistance;

“(2) the quality of the plan of the applicant to address the crime problem in the public or federally assisted low-income housing project or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years;

“(3) the extent to which tenants, the local government, and the local community support and participate in the design and implementation of the activities proposed to be funded under the application.

“(c) High-Intensity interstate gang activity areas.—In evaluating the extent of the gang-related crime problem under subsection (b), the Secretary may consider whether housing projects proposed for assistance are located in a high-intensity interstate gang activity area as described in section 204 of this Act.

“SEC. 5406. Implementation.

“The Secretary shall issue regulations to implement this subtitle within 180 days after the date of enactment of this subtitle.

“SEC. 5407. Reports.

“The Secretary shall require any recipient of a grant under this subtitle to provide periodic reports that include—

“(1) the obligation and expenditure of grant funds;

“(2) the progress made by the grantee in implementing the plan described in section 5404(a); and

“(3) any change in the incidence of gang-related crime in projects assisted under this subtitle.

“SEC. 5408. Monitoring.

“The Secretary shall audit and monitor the programs funded under this subtitle to ensure that assistance provided under this subtitle is administered in accordance with the provisions of this subtitle.

“SEC. 5409. Authorization of appropriations.

“(a) In general.—There are authorized to be appropriated to carry out this subtitle $100,000,000 for each of the fiscal years 2011 through 2015. Any amount appropriated under this section shall remain available until expended.

“(b) Conforming amendment.—The table of contents in section 5001 of the Anti-Drug Abuse Act of 1988 (Public Law 100–690; 102 Stat. 4295) is amended by adding at the end the following new items:


“Sec. 5401. Short title.

“Sec. 5402. Definitions.

“Sec. 5403. Authority to make grants.

“Sec. 5404. Eligible activities.

“Sec. 5405. Applications.

“Sec. 5406. Implementation.

“Sec. 5407. Reports.

“Sec. 5408. Monitoring.

“Sec. 5409. Authorization of appropriations.

SEC. 105. Municipal Alliances.

The Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13701 et seq.) is amended by inserting after section 30403 the following:

“subtitle EStrategic community planning program

“SEC. 30501. Grant authority.

“(a) Grants.—

“(1) IN GENERAL.—The Attorney General may award grants on a competitive basis to eligible local entities to assist eligible communities in developing and carrying out programs that target at-risk youth and juvenile offenders ages 11 to 19 years, who—

“(A) fail to successfully complete secondary school;

“(B) have entered the juvenile justice system;

“(C) are at risk of failing to successfully complete secondary school or entering the juvenile justice system;

“(D) are truants or runaways; or

“(E) have siblings or family members who are believed to be members of criminal street gangs.

“(2) GRANT AMOUNT.—A grant awarded to an eligible local entity under this subtitle shall be for not less than $250,000 for 1 fiscal year. Amounts made available through such a grant shall remain available until expended.

“(b) Program requirements.—

“(1) PROGRAMS.—An eligible local entity that receives funds under this subtitle shall develop or expand community programs in eligible communities that are designed to target at-risk youths and juvenile offenders through prevention, early intervention, and graduated sanctions.

“(2) OPTIONAL ACTIVITIES.—An eligible local entity that receives funds under this subtitle may develop a variety of programs to serve the comprehensive needs of at-risk youth and juvenile offenders, including—

“(A) homework assistance and after-school programs, including educational, social, and athletic activities;

“(B) mentoring programs;

“(C) family counseling; and

“(D) parental training programs.

“(c) Eligible community identification.—The Attorney General shall establish by regulation the criteria necessary to qualify as an eligible community, which shall include criteria with respect to whether the community is located in a high-intensity interstate gang activity area designated under section 204 of the Fighting Gangs and Empowering Youth Act of 2010.

“SEC. 30502. Applications.

“(a) Application required.—To be eligible to receive a grant under this subtitle, a local entity shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information, as the Attorney General may reasonably require.

“(b) Contents of application.—Each application submitted under subsection (a) shall—

“(1) contain a comprehensive plan for the program that is designed to improve the academic and social development of at-risk youths and juvenile offenders in the eligible community, which—

“(A) identifies an eligible community to be assisted;

“(B) describes the community planning process to be used by the local entity that includes—

“(i) parents and family members;

“(ii) local school officials;

“(iii) teachers employed at schools within the eligible community;

“(iv) local public officials;

“(v) law enforcement officers and officials;

“(vi) clergy and faith-based organizations;

“(vii) public housing authorities;

“(viii) public housing resident organization members, where applicable; and

“(ix) public and private nonprofit organizations that provide education, child protective services, or other human services to low-income, at-risk youth and juvenile offenders, and their families; and

“(C) develops a concentrated strategy for implementation of the community planning process developed under subparagraph (B) that targets clusters of at-risk youth and juvenile offenders in the eligible community;

“(2) provide evidence of support for accomplishing the objectives of such plan from—

“(A) community leaders;

“(B) a school district;

“(C) local officials; and

“(D) other organizations that the local entity determines to be appropriate;

“(3) provide an assurance that the local entity will use grant funds received under this subsection to implement the program requirements listed in section 30701(b);

“(4) include an estimate of the number of at-risk youth and juvenile offenders in the eligible community expected to be served under the program;

“(5) provide an assurance that the local entity will prepare and submit to the Attorney General an annual report regarding any program conducted under this subtitle; and

“(6) provide an assurance that the local entity will maintain separate accounting records for the program.

“(c) Priority.—In awarding grants under this subtitle, the Attorney General shall give priority to eligible local entities that identify under subsection (b)(1)(A) an eligible community that, when compared to other eligible communities, has a greater need than such other eligible communities for assistance under this subtitle, as determined by the Attorney General based on the criteria established under section 30701(c).

“(d) Federal share.—The Federal share of the costs of a program developed or carried out with a grant under this section shall be not more than 70 percent. The non-Federal share of such costs may be in cash or in kind, fairly evaluated, including personnel, facilities, equipment, and services.

“SEC. 30503. Definitions.

“For purposes of this subtitle—

“(1) the term ‘local entity’ means—

“(A) a local educational agency; or

“(B) a community-based organization, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); and

“(2) the term ‘eligible community’ means an area which meets the criteria established by the Attorney General in accordance with section 30701(c).

“SEC. 30504. Authorization of appropriations.

“There are authorized to be appropriated for grants under this subtitle—

“(1) $10,000,000 for fiscal year 2011;

“(2) $11,000,000 for fiscal year 2012;

“(3) $12,000,000 for fiscal year 2013;

“(4) $13,000,000 for fiscal year 2014; and

“(5) $14,000,000 for fiscal year 2015.”.

SEC. 106. Reauthorization of the gang resistance education and training projects program and increased funding for the national youth gang survey.

Section 32401 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13921) is amended in subsection (b)—

(1) in paragraph (4), by striking “and” at the end;

(2) in paragraph (5), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(6) $21,000,000 for each of fiscal years 2011 through 2015.

“(c) Use of funds.—Not more than $1,000,000 of the funds authorized under this section for a fiscal year shall be used to increase the number of samples collected by the National Youth Gang Center for its annual National Youth Gang Survey.”.

SEC. 107. Mentoring grants to nonprofit organizations.

(a) Authority To Make Grants.—From amounts made available to carry out this section, the Attorney General shall make grants, in consultation with the Secretary of Labor and the Secretary of Housing and Urban Development, to nonprofit organizations for the purpose of providing mentoring and other transitional services essential to the reentry of offenders into the community.

(b) Use of Funds.—A nonprofit organization that receives a grant under subsection (a) may use the grant to—

(1) mentor adult and juvenile offenders during—

(A) incarceration of the offenders;

(B) the transition of the offenders back to the community; and

(C) post-incarceration of the offenders; and

(2) provide transitional services to assist in the reentry of offenders into the community.

(c) Application; Priority Consideration.—

(1) IN GENERAL.—To be eligible to receive a grant under this section, a nonprofit organization shall submit an application to the Attorney General based on criteria developed by the Attorney General, in consultation with the Secretary of Labor and the Secretary of Housing and Urban Development.

(2) PRIORITY.—The Attorney General shall give priority consideration to applications that—

(A) include a plan to implement activities that have been demonstrated to be effective in facilitating the successful reentry of offenders into the community; and

(B) provide for an independent evaluation.

(d) Strategic Performance Outcomes.—The Attorney General shall require each applicant under this section to identify specific performance outcomes related to the long-term goal of stabilizing communities by reducing recidivism and reintegrating offenders into the community.

(e) Authorization of Appropriations.—There are authorized to be appropriated to the Attorney General to carry out this section $25,000,000 for each of fiscal years 2011 through 2015.

SEC. 111. Reauthorization of adult and juvenile offender State and local reentry demonstration projects.

Section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(b)) is amended by striking paragraphs (1) through (4) and inserting the following:

“(1) establishing or improving the system or systems under which offenders awaiting reentry into the community are provided with documents useful in achieving a successful transition from prison, jail, or detention (such as identification papers, referrals to services, medical prescriptions, job training certificates, apprenticeship papers, and information on obtaining public assistance);

“(2) carrying out programs and initiatives by units of local government to strengthen reentry services for offenders released from local jails;

“(3) providing structured post-release housing and transitional housing (including group homes for recovering substance abusers) through which offenders are provided supervision and services immediately following reentry into the community;

“(4) assisting offenders in securing permanent housing upon release or following a stay in transitional housing;

“(5) assisting offenders in leaving a criminal street gang;

“(6) providing offenders who have left a criminal street gang with safety services upon release from prison, jail, or detention;

“(7) providing offenders with education, job training, responsible parenting and healthy relationship skills training designed specifically for addressing the needs of incarcerated and transitioning fathers and mothers, English as a second language programs, work experience programs, self-respect and life skills training, and other skills useful in achieving a successful transition from prison or jail;

“(8) facilitating collaboration among corrections and community corrections, technical schools, community colleges, and the workforce development and employment service sectors—

“(A) to promote the employment of offenders released from prison and jail, as appropriate, through efforts such as educating employers about existing financial incentives;

“(B) to facilitate the creation of job opportunities for offenders released from prison or jail, including transitional jobs and time-limited subsidized work experience (as appropriate); and

“(C) to connect offenders to employment (including supportive employment and employment services) before their release to the community, to provide work supports (including transportation and retention services), as appropriate, and to identify labor market needs to ensure that education and training are appropriate;

“(9) developing programs and activities that support parent-child relationships, such as—

“(A) using videoconferencing to allow virtual visitation when incarcerated offenders are more than 100 miles from their families;

“(B) the establishment of family days, which provide for longer visitation hours or family activities;

“(C) the implementation of programs to help incarcerated parents stay connected to their children and learn responsible parenting and healthy relationship skills; and

“(D) programs for mentoring children of incarcerated offenders;

“(10) expanding family-based treatment centers that offer family-based comprehensive treatment services for offenders reentering the community;

“(11) conducting studies to determine the types of offenders who are returning to prison or jail, and which of those returning offenders represent the greatest risk to community safety;

“(12) developing and implementing procedures to assist relevant authorities—

“(A) in determining when release is appropriate; and

“(B) in the use of data to inform the release decision;

“(13) developing and implementing procedures to identify efficiently and effectively those violators of probation, parole, or post-incarceration supervision who should be returned to prison or jail; and

“(14) establishing or expanding the use of reentry courts and other programs to—

“(A) monitor offenders returning to the community;

“(B) provide offenders reentering the community with—

“(i) drug and alcohol testing and treatment; and

“(ii) mental and medical health assessment and services;

“(C) facilitate restorative justice practices and convene family or community impact panels, family impact educational classes, victim impact panels, or victim impact educational classes; and

“(D) provide and coordinate the delivery of other community services to offenders, including—

“(i) housing assistance;

“(ii) education;

“(iii) employment training;

“(iv) conflict resolution skills training;

“(v) family violence intervention programs;

“(vi) culturally and linguistically competent services, as appropriate; and

“(vii) other appropriate services, as determined by the Attorney General.

“(c) Task force on Federal programs and activities relating to reentry of offenders.—

“(1) TASK FORCE REQUIRED.—The Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the heads of such other elements of the Federal Government as the Attorney General considers appropriate, and in collaboration with States, units of local government, territories, tribes, stakeholders, service providers, and nonprofit organizations, shall establish an interagency task force on Federal programs and activities relating to the reentry of offenders into the community.

“(2) DUTIES.—The task force established under paragraph (1) shall—

“(A) identify any reentry program or activity that may be resulting in overlapping or duplication of reentry services, the scope of such overlapping or duplication, and the relationship of such overlapping and duplication to public safety, public health, and effectiveness and efficiency;

“(B) identify methods to improve collaboration and coordination programs and activities identified in subparagraph (A);

“(C) identify areas of responsibility in which improved collaboration and coordination of programs and activities identified in subparagraph (A) would result in increased effectiveness or efficiency;

“(D) develop innovative interagency or intergovernmental programs, activities, or procedures that would improve outcomes of offenders reentering the community and the children of offenders;

“(E) develop methods for increasing regular communication that would increase interagency program effectiveness;

“(F) identify areas of research that can be coordinated across agencies with an emphasis on applying science-based practices to support, treatment, and intervention programs for offenders reentering the community;

“(G) identify funding areas that should be coordinated across agencies, and any gaps in funding for reentry services; and

“(H) identify successful reentry programs and collect best practices in offender reentry from demonstration grantees and other agencies and organizations, determine the extent to which such programs and practices can be replicated, and make information on such programs and practices available to States, localities, nonprofit organizations, and others.

“(3) REPORT.—

“(A) IN GENERAL.—Not later than 1 year after the date of enactment of the Fighting Gangs and Empowering Youth Act of 2010, the task force established under paragraph (1) shall submit to Congress a report on barriers to reentry of offenders to the community, including recommendations to overcome any barriers identified.

“(B) PUBLIC COMMENT.—The task force shall solicit and incorporate for public comment in preparing the report required in subparagraph (A).

“(C) CONTENTS.—The report required by subparagraph (A) shall identify Federal and other barriers to successful reentry of offenders into the community and analyze the effects of the barriers on offenders and on children and other family members of offenders, including barriers relating to—

“(i) child support obligations and procedures;

“(ii) Social Security benefits (including barriers in timely restoration of suspended disability benefits immediately upon release), veterans benefits, food stamps, and other forms of Federal public assistance;

“(iii) Medicaid and Medicare laws, regulations, guidelines or procedures (including barriers in timely restoration of benefits caused by delay in reinstatement of suspended Social Security disability benefits);

“(iv) education programs, financial assistance, and full civic participation;

“(v) temporary assistance to needy families (TANF) program funding criteria and other welfare benefits;

“(vi) sustainable employment and career advancement, including barriers that are not directly connected to the crime committed and the risk that the offender presents to the community;

“(vii) laws, regulations, rules, and practices that restrict Federal employment licensure and participation in Federal contracting programs;

“(viii) admissions to and evictions from Federal housing programs, including—

“(I) examining the number and characteristics of offenders who are evicted from or denied eligibility for Federal housing programs;

“(II) the effect of eligibility denials and evictions on homelessness, family stability, and family reunification;

“(III) the extent to which arrest records are the basis for denying applications;

“(IV) the implications of considering misdemeanor convictions that occurred more than 5 years before the date of an application and felony convictions that occurred more than 10 years before the date of an application, and the appropriateness of taking into account rehabilitation and other mitigating factors; and

“(V) the feasibility of using probationary or conditional eligibility based on participation in a supervised rehabilitation program or other appropriate social services;

“(ix) reentry procedures, case planning, and transitions of offenders from the custody of the Bureau of Prisons to a Federal parole or probation program, or to community corrections;

“(x) laws, regulations, rules, and practices that may require a parolee to return to the same county that the parolee was living in prior to being arrested, and the potential for changing such laws, regulations, rules, and practices; and

“(xi) prerelease planning procedures for offenders to ensure that the eligibility of an offender for Federal or State benefits (including Medicaid, Medicare, Social Security and veterans benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that offenders are provided with referrals to appropriate social and health services or are linked to appropriate nonprofit organizations.

“(4) ANNUAL REPORTS.—On an annual basis, the task force established under paragraph (1) shall submit to Congress a report on the activities of the task force, including specific recommendations of the task force on the matters described in paragraph (2).

“(5) STANDARDS FOR ANALYSIS.—Any statistical analysis of population data under this section shall be conducted in accordance with the Federal Register Notice dated October 30, 1997, relating to classification standards.

“(d) Authorization of appropriations.—Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended in subsection (o)(1) by striking ‘$60,000,000’ and all that follows, and inserting ‘$60,000,000 for each fiscal years 2011 through 2015’

SEC. 112. Children of incarcerated parents and families.

The Secretary of Health and Human Services may—

(1) prepare and make available to States a report on any recommendations regarding the role of State child protective services at the time of the arrest of an individual; and

(2) by regulation, establish such services as the Secretary determines necessary for the preservation of families that have been impacted by the incarceration of a family member, with special attention given to the impact on children.

SEC. 113. Removal of limitation on amount of funds available for corrections education programs under the Adult Education and Family Literacy Act.

(a) In general.—Section 222(a)(1) of the Adult Education and Family Literacy Act (20 U.S.C. 9222(a)(1)) is amended by striking “, of which not more than 10 percent of the 82.5 percent shall be available to carry out section 225”.

(b) Report.—Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report—

(1) on the use of literacy funds provided under the Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.) to correctional institutions, as defined in section 225(d)(2) of such Act (20 U.S.C. 9225(d)(2)); and

(2) that—

(A) specifies the amount of literacy funds that are provided to each category of correctional institution in each State; and

(B) identifies whether funds are being sufficiently allocated among the various types of institutions.

SEC. 114. Grants to States for improved workplace and community transition training for incarcerated youth offenders.

Section 821 of the Higher Education Amendments of 1998 (20 U.S.C. 1151) is amended to read as follows:

“SEC. 821. Grants to States for improved workplace and community transition training for incarcerated youth offenders.

“(a) Definition.—In this section, the term ‘youth offender’ means a male or female offender who is—

“(1) 30 years of age or younger; and

“(2) incarcerated in a State prison, including a prerelease facility.

“(b) Grant program.—The Secretary of Education (in this section referred to as the ‘Secretary’)—

“(1) shall establish a program in accordance with this section to provide grants to the State correctional education agencies in the States, from allocations for the States under subsection (h), to assist and encourage youth offenders to acquire functional literacy, life, and job skills, through—

“(A) the pursuit of a postsecondary education certificate, or an associate or bachelor’s degree while in prison; and

“(B) employment counseling and other related services which start during incarceration and end not later than 1 year after release from confinement; and

“(2) may establish such performance objectives and reporting requirements for State correctional education agencies receiving grants under this section as the Secretary determines are necessary to assess the effectiveness of the program under this section.

“(c) Application.—To be eligible for a grant under this section, a State correctional education agency shall submit to the Secretary a proposal for a youth offender program that—

“(1) identifies the scope of the problem, including the number of youth offenders in need of postsecondary education and career and technical education;

“(2) lists the accredited public or private educational institution or institutions that will provide postsecondary educational services;

“(3) lists the cooperating agencies, public and private, or businesses that will provide related services, such as counseling in the areas of career development, substance abuse, health, and parenting skills;

“(4) describes how the proposed program will educate youth offenders on how to withdraw themselves from criminal street gangs;

“(5) describes specific performance objectives and evaluation methods (in addition to, and consistent with, any objectives established by the Secretary under subsection (b)(2)) that the State correctional education agency will use in carrying out its proposal, including—

“(A) specific and quantified student outcome measures that are compared with outcomes for non-program participants with similar demographic characteristics; and

“(B) measures, consistent with the data elements and definitions described in subsection (d)(1)(A), of—

“(i) program completion, including an explicit definition of what constitutes a program completion within the proposal;

“(ii) knowledge and skill attainment, including specification of instruments that will measure knowledge and skill attainment;

“(iii) attainment of employment both before and after release;

“(iv) success in employment indicated by job retention and advancement; and

“(v) recidivism, including such subindicators as time before subsequent offense and severity of subsequent offense;

“(6) describes how the proposed programs are to be integrated with existing State correctional education programs (such as adult education, graduate education degree programs, and career and technical education) and State industry programs;

“(7) describes how the proposed programs will utilize technology to deliver the services under this section; and

“(8) describes how students will be selected so that only youth offenders eligible under subsection (e) will be enrolled in a program receiving a grant under this section.

“(d) Program requirements.—Each State correctional education agency receiving a grant under this section shall—

“(1) annually report to the Secretary regarding—

“(A) the results of the evaluations conducted using data elements and definitions provided by the Secretary for the use of State correctional education programs;

“(B) any objectives or requirements established by the Secretary pursuant to subsection (b)(2); and

“(C) the additional performance objectives and evaluation methods contained in the proposal described in subsection (c)(4), as necessary to document the attainment of project performance objectives; and

“(2) expend on each participating eligible student for an academic year, not more than the maximum Federal Pell Grant appropriated under section 401 of the Higher Education Act of 1965 for such academic year, which shall be used for—

“(A) tuition, books, and essential materials; and

“(B) related services such as career development, substance abuse counseling, parenting skills training, and health education.

“(e) Student eligibility.—A youth offender shall be eligible for participation in a program receiving a grant under this section if the youth offender is eligible to be released within 5 years (including a youth offender who is eligible for parole within such time).

“(f) Length of participation.—A State correctional education agency receiving a grant under this section shall provide educational and related services to each participating youth offender for a period not to exceed 5 years, 1 year of which may be devoted to study in a graduate education degree program or to remedial education services for students who have obtained a secondary school diploma or its recognized equivalent. Educational and related services shall start during the period of incarceration in prison or prerelease, and the related services may continue for not more than 1 year after release from confinement.

“(g) Education delivery systems.—State correctional education agencies and cooperating institutions shall, to the extent practicable, use high-tech applications in developing programs to meet the requirements and goals of this section.

“(h) Allocation of funds.—From the funds authorized to be appropriated under subsection (i) for each fiscal year, the Secretary shall allot to each State an amount that bears the same relationship to such funds as the total number of youth offenders eligible under subsection (e) in such State bears to the total number of such youth offenders in all States.

“(i) Authorization of appropriations.—There are authorized to be appropriated to carry out this section $30,000,000 for fiscal years 2011 and 2012.”.

SEC. 115. Improved reentry procedures for Federal prisoners.

(a) General reentry procedures.—The Attorney General shall take such steps as are necessary to modify existing procedures and policies to enhance case planning and to improve the transition of offenders from the custody of the Bureau of Prisons to the community, including placement of such individuals in community corrections facilities.

(b) Procedures regarding benefits.—

(1) IN GENERAL.—The Bureau of Prisons shall establish reentry planning procedures within the Release Preparation Program that include providing Federal offenders with information relating to:

(A) health and nutrition;

(B) employment;

(C) personal finance and consumer skills;

(D) information and community resources;

(E) release requirements and procedures; and

(F) personal growth and development.

(2) FORMAT.—

(A) WRITTEN INFORMATION PROVIDED TO OFFENDERS.—Any written information that the Bureau of Prisons provides to offenders for reentry planning purposes shall use common terminology and language.

(B) MEDICAL INFORMATION.—

(i) IN GENERAL.—The Bureau of Prisons shall provide the United States Probation and Pretrial Services System with relevant information on the medical care needs and the mental health treatment needs of offenders scheduled for release and reentry into the community.

(ii) CONSIDERATION OF INFORMATION.—The United States Probation and Pretrial Services System shall take this information into account when developing supervision plans in an effort to address the medical care and mental health care needs of such offenders.

(C) PROVISION OF MEDICATIONS.—The Bureau of Prisons shall provide offenders with a sufficient amount of all necessary medications upon release from custody.

SEC. 121. Expansion and reauthorization of the mentoring initiative for system involved youth.

(a) Expansion.—Section 261(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5665(a)) is amended by inserting at the end the following: “The Administrator shall expand the number of sites receiving such grants from 4 to 12.”

(b) Reauthorization.—Section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended by striking subsection (c) and inserting the following:

“(c) Authorization of Appropriations for Part E.—There are authorized to be appropriated to carry out part E $4,800,000 for each of the fiscal years 2011, 2012, 2013, 2014, and 2015.”.

SEC. 122. Reauthorization of Learn and Serve America.

Section 501(a)(1)(A) of the National and Community Service Act of 1990 (42 U.S.C. 12681(a)(1)(A)) is amended by striking “subchapter I” and all that follows and inserting “subchapter I $100,000,000 for each of fiscal years 2011 through 2015.”.

SEC. 123. Amendments to work opportunity tax credit.

(a) Increase of credit percentage.—Subsection (a) of section 51 of the Internal Revenue Code of 1986 is amended by striking “40 percent” and inserting “50 percent”.

(b) Increase of limitation.—

(1) IN GENERAL.—Paragraph (3) of section 51(b) of the Internal Revenue Code of 1986 is amended by striking “$6,000 per year” and all that follows and inserting “$12,000 per year.”.

(2) CONFORMING AMENDMENTS.—

(A) Clause (ii) of section 51(d)(7)(B) of such Code is amended by striking “$6,000” and inserting “$12,000”.

(B) Subparagraph (A) of section 51(h)(1) of such Code is amended by striking “$6,000” and inserting “$12,000”.

(c) Inclusion of second-Year wages.—

(1) IN GENERAL.—Subsection (a) of section 51 of the Internal Revenue Code of 1986 is amended by striking “qualified first-year wages” and inserting “qualified wages”.

(2) DEFINITIONS.—

(A) IN GENERAL.—Paragraph (1) of section 51(b) of such Code is amended by inserting “which are attributable to service rendered during the 2-year period beginning with the day the individual begins work for the employer.”.

(B) CONFORMING AMENDMENT.—Subsection (b) of section 51 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2).

(3) CONFORMING AMENDMENTS.—

(A) Paragraph (2) of section 51(b) of such Code, as redesignated by paragraph (2)(B), is amended by striking “qualified first-year wages” and inserting “qualified wages”.

(B) Subsection (e) of section 51 of such Code is amended by adding at the end the following new paragraph:

“(4) TERMINATION.—This paragraph shall not apply with respect to any individual who begins work for the employer after the date of the enactment of the Fighting Gangs and Empowering Youth Act of 2010.”.

(d) Extension.—Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by striking “August 31, 2011” and inserting “August 31, 2014”.

(e) Effective dates.—

(1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall apply with respect to individuals who begin work for an employer after the date of the enactment of this Act.

(2) EXTENSION.—The amendment made by subsection (d) shall apply with respect to individuals who begin work for an employer after August 31, 2011.

SEC. 201. Authority to make gang activity policing grants.

The Attorney General may make grants to States, units of local government, Indian tribes, other public and private entities, and multi-jurisdictional or regional consortia thereof to—

(1) increase police presence;

(2) expand and improve cooperative efforts between law enforcement agencies and members of the community to address gang activity problems; and

(3) otherwise enhance public safety.

SEC. 202. Eligible activities.

Grants made under this subtitle may include programs, projects, and other activities to—

(1) rehire law enforcement officers who have been laid off as a result of State and local budget reductions for deployment to reduce gang activity;

(2) hire and train additional career law enforcement officers for deployment to reduce gang activity;

(3) procure equipment, technology, or support systems, or pay overtime, to increase the number of officers deployed in gang activity policing;

(4) hire officers to perform intelligence activities to reduce gang activity;

(5) increase the number of law enforcement officers involved in activities that are focused on interaction with members of the community or on proactive gang control and prevention by redeploying officers to such activities;

(6) establish and implement innovative programs to increase and enhance proactive crime control and gang prevention programs involving law enforcement officers and young persons in the community;

(7) establish school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools to combat gangs;

(8) create and disseminate anti-gang campaigns through broadcast advertisements and materials to schools to highlight after school, educational, and recreational activities;

(9) develop new technologies, including interoperable communications technologies, modernized criminal record technology, and forensic technology, to assist State and local law enforcement agencies in reducing gang activity and to train law enforcement officers to use such technologies; and

(10) support the purchase by law enforcement agencies of not more than 1 service weapon per officer, upon hiring for deployment in gang activity policing or, if necessary, upon the initial redeployment of an officer to gang activity policing.

SEC. 203. Preferential consideration of applications for certain grants.

In awarding grants under this subtitle, the Attorney General may give preferential consideration to applicants—

(1) for the hiring and rehiring of additional career law enforcement officers that involve a non-Federal contribution exceeding the 25 percent minimum under this subtitle;

(2) that are located in a high-intensity interstate gang activity area designated under section 204; and

(3) that coordinate with after-school programs, nonprofit organizations, schools, and community organizations to create municipal-wide alliances to suppress gang activity.

SEC. 204. Designation of high-intensity interstate gang activity areas.

(a) In general.—The Attorney General may, after consultation with the Governor of each affected State, designate a specific area that is located in not less than 1 State as a high-intensity interstate gang activity area.

(b) Factors for consideration.—In making a designation under subsection (a), the Attorney General shall consider the extent to which—

(1) the area is a significant center of gang activity;

(2) State, local, and tribal law enforcement agencies have committed resources to respond to the gang crime problem in the area, thereby indicating a determination to respond aggressively to the problem;

(3) gang activities in the area are having a significant harmful impact in the area, and in other areas of the country;

(4) a significant increase in allocation of Federal resources is necessary to respond adequately to gang-related activities in the area; and

(5) any other criteria as the Director determines to be appropriate.

(c) Merging of areas.—To the extent that the goals of a high-intensity interstate gang activity area overlap with the goals of a high-intensity drug trafficking area designated under section 707 of the Office of the National Drug Control Policy Reauthorization Act of 1988 (21 U.S.C. 1706), the Attorney General may merge the 2 areas to serve both functions.

(d) Local comment.—The Attorney General may not make a final designation under subsection (a) without consulting with and receiving comment from local elected officials representing communities within the affected States.

SEC. 205. Use of components.

The Attorney General may use any component of the Department of Justice in carrying out this subtitle.

SEC. 206. Minimum amount.

(a) Definition.—In this section, the term “qualifying State” means any State that has submitted an application for a grant, or in which a unit of local government, Indian tribe, other public or private entity, or multijurisdictional or regional consortia thereof has submitted an application for a grant, that meets the requirements established by the Attorney General under this subtitle.

(b) Minimum amount.—Unless all applications submitted by any qualifying State and grantee within that State under this subtitle have been funded, each qualifying State, together with grantees within that State, shall receive in each fiscal year under this subtitle an amount equal to not less than 0.5 percent of the total amount appropriated in that fiscal year for grants under this subtitle.

SEC. 207. Matching funds.

(a) In general.—The Federal share of the costs of a program, project, or activity carried out with a grant under this subtitle shall be not more than 75 percent, unless the Attorney General waives, wholly or in part, the requirement under this section of a non-Federal contribution to the costs of a program, project, or activity.

(b) Hiring.—For a grant for a period exceeding 1 year for hiring or rehiring career law enforcement officers, the Federal share shall decrease each year for up to 5 years, by an amount determined by the Attorney General, with a goal of the continuation of the increased hiring level using State or local sources of funding following the conclusion of Federal support.

SEC. 208. Providing additional forensic examiners.

Section 816 of the USA PATRIOT Act (28 U.S.C. 509 note) is amended—

(1) in subsection (a)—

(A) in paragraph (4), by striking “and” at the end;

(B) by redesignating paragraph (5) as paragraph (6); and

(C) by inserting after paragraph (4) the following:

“(5) to hire additional forensic examiners to help with forensic work and to fight gang activity; and”; and

(2) in subsection (b), by amending paragraph (1) to read as follows:

“(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $55,000,000 for each fiscal year to carry out this section.”.

SEC. 209. Authorization of appropriations.

There are authorized to be appropriated to carry out this subtitle $700,000,000 for each of the fiscal years 2011 through 2015. Any amount appropriated under this section shall remain available until expended.

SEC. 210. Performance evaluation.

(a) Monitoring Components.—

(1) IN GENERAL.—Each program, project, or activity funded under this title shall contain a monitoring component, developed in accordance with guidelines established by the Attorney General.

(2) REQUIREMENT.—A monitoring component required under paragraph (1) shall include—

(A) systematic identification and collection of data about activities, accomplishments, and programs throughout the life of the program, project, or activity; and

(B) presentation of the data described in subparagraph (A) in a usable form.

(b) Evaluation components.—

(1) IN GENERAL.—Selected grant recipients shall be evaluated on the local level or as part of a national evaluation, in accordance with guidelines established by the Attorney General.

(2) ASSESSMENT OF INDIVIDUAL PROGRAMS.—An evaluation conducted under paragraph (1) may include assessments of individual program implementations.

(3) EFFECTIVENESS.—

(A) IN GENERAL.—In selected jurisdictions that are able to support outcome evaluations, the effectiveness of funded programs, projects, and activities may be required.

(B) MEASURES.—Outcome evaluations conducted under subparagraph (A) may include—

(i) crime and victimization indicators;

(ii) quality of life measures;

(iii) community perceptions; and

(iv) police perceptions of their own work.

(c) Periodic Reviews and Reports.—The Attorney General may require a grant recipient to submit to the Attorney General the results of the monitoring and evaluations required under subsections (a) and (b) and such other data and information as the Attorney General determines to be reasonably necessary.

(d) Report to Congress.—

(1) IN GENERAL.—Beginning not later than October 1, 2011, the Attorney General shall submit to Congress annual reports describing the extent to which the approaches under section 202 have been successful in reducing the rate of gang activity in the communities in which the approaches have been carried out.

(2) CONTENTS.—A report submitted under paragraph (1) shall describe the extent and effectiveness to which the various approaches have—

(A) reduced recorded crime and disorder incidents related to criminal street gangs;

(B) reduced public fear and perceptions about criminal street gangs;

(C) reduced calls for police service related to criminal street gangs;

(D) reduced criminal street gang homicides;

(E) reduced criminal street gang drug crimes; and

(F) improved perceptions of safety among neighborhood youth, other community members, and local merchants.

SEC. 301. Criminal street gangs.

(a) Criminal street gang prosecutions.—Section 521 of title 18, United States Code, is amended to read as follows:

§ 521. Criminal street gang prosecutions

“(a) Definitions.—As used in this chapter:

“(1) CRIMINAL STREET GANG.—The term ‘criminal street gang’ means a formal or informal continually operating group, club, organization, or association of 5 or more individuals—

“(A) who individually, jointly, or in combination, have knowingly committed or attempted to commit for the direct or indirect benefit of, at the direction of, in furtherance of, or in association with the group, club organization, or association at least 2 separate acts, each of which is a predicate gang crime—

“(i) 1 of which occurs after the date of enactment of the Fighting Gangs and Empowering Youth Act of 2010;

“(ii) the last of which occurs not later than 5 years after the commission of a prior predicate gang crime (excluding any period of imprisonment); and

“(iii) 1 of which is a crime of violence or involves manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); and

“(B) whose purpose or purposes is the commission of at least 2 separate criminal acts, each of which is a predicate gang crime; and

“(C) whose activities affect interstate or foreign commerce, or involve the use of any facility of, or travel in, interstate or foreign commerce.

“(2) PREDICATE GANG CRIME.—The term ‘predicate gang crime’ means—

“(A) any act, threat, conspiracy, or attempted act, which is chargeable under Federal or State law and punishable by imprisonment for more than 1 year involving—

“(i) murder;

“(ii) manslaughter;

“(iii) maiming;

“(iv) assault with a dangerous weapon;

“(v) assault resulting in serious bodily injury;

“(vi) kidnapping;

“(vii) robbery;

“(viii) extortion;

“(ix) arson;

“(x) tampering with or retaliating against a witness, victim, or informant;

“(xi) burglary;

“(xii) sexual assault;

“(xiii) carjacking; or

“(xiv) manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemicals (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 under—

“(i) section 844 (relating to explosive materials);

“(ii) section 922(g)(1) (where the underlying conviction is a violent felony (as defined in section 924(e)(2)(B) of this title) or is a serious drug offense (as defined in section 924(e)(2)(A) of this title));

“(iii) subsection (a)(2), (b), (c), (g), or (h) of section 924 (relating to receipt, possession, and transfer of firearms);

“(iv) section 930 (relating to possession of firearms and dangerous weapons in Federal facilities);

“(v) section 931 (relating to purchase, ownership, or possession of body armor by violent felons);

“(vi) sections 1028 and 1029 (relating to fraud and related activity in connection with identification documents or access devices);

“(vii) section 1512 (relating to tampering with a witness, victim, or informant) or section 1513 (relating to retaliating against a witness, victim, or informant);

“(viii) section 1951 (relating to interference with commerce, robbery or extortion);

“(ix) section 1952 (relating to racketeering);

“(x) section 1956 (relating to the laundering of monetary instruments);

“(xi) section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity);

“(xii) section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire); or

“(xiii) sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property); or

“(C) any crime involving aggravated sexual abuse, sexual assault, pimping or pandering involving prostitution, sexual exploitation of children (including sections 2251, 2251A, 2252 and 2260), peonage, slavery, or trafficking in persons (including sections 1581 through 1592) and sections 2421 through 2427 (relating to transport for illegal sexual activity).

“(3) SEXUAL ASSAULT.—The term ‘sexual assault’ means any offense that involves conduct that would violate chapter 109A if the conduct occurred in the special maritime and territorial jurisdiction of the United States.

“(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.

“(5) PATTERN OF CRIMINAL GANG ACTIVITY.—The term ‘pattern of criminal gang activity’ means 2 or more predicate gang crimes that are related to each other or to related to the membership of the perpetrator in a group, club or association.

“(b) Participation in criminal street gangs.—It shall be unlawful—

“(1) to engage, or conspire, or attempt to engage in a pattern of criminal gang activity—

“(A) in furtherance or in aid of the illegal activities of a criminal street gang;

“(B) for the purpose of gaining entrance to or maintaining or increasing position in such a gang; or

“(C) for the direct or indirect benefit of the criminal street gang, or in association with the criminal street gang; or

“(2) to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to commit, cause to commit, or facilitate the commission of, a predicate gang crime—

“(A) in furtherance or in aid of the activities of a criminal street gang;

“(B) for the purpose of gaining entrance to or maintaining or increasing position in such a gang; or

“(C) for the direct or indirect benefit of the criminal street gang, or in association with the criminal street gang.

“(c) Penalties.—Whoever violates subsection (b)—

“(1) shall be fined under this title, imprisoned for not more than 30 years, or both; and

“(2) if the violation is based on a predicate gang crime for which the maximum penalty includes life imprisonment, shall be fined under this title, imprisoned for any term of years or for life, or both.

“(d) Civil procedures.—Property subject to forfeiture under paragraph (1) may be forfeited in a civil case under the procedures set forth in chapter 46 of this title.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 26 of title 18, United States Code, is amended by striking the item relating to section 521 and inserting the following:


“521. Criminal street gang prosecutions.”.

SEC. 302. Solicitation or recruitment of persons and violent crimes in furtherance or in aid of criminal street gangs.

(a) Solicitation or recruitment of persons in criminal street gang activity.—Chapter 26 of title 18, United States Code, is amended by adding at the end the following:

§ 522. Recruitment of persons to participate in a criminal street gang

“(a) Prohibited Acts.—It shall be unlawful for any person to knowingly recruit, employ, solicit, induce, command, or cause another person to be or remain as a member of a criminal street gang, or conspire to do so, with the intent to cause that person to participate in a predicate gang crime, if the defendant travels in interstate or foreign commerce in the course of the offense, or if the activities of that criminal street gang are in or affect interstate or foreign commerce.

“(b) Definition of minor.—In this section, the term ‘minor’ means a person who is less than 18 years of age.

“(c) Penalties.—Any person who violates subsection (a) shall—

“(1) be imprisoned not more than 10 years, fined under this title, or both;

“(2) if the person recruited, solicited, induced, commanded, or caused to participate or remain in a criminal street gang is under the age of 18 years—

“(A) be imprisoned for not more than 20 years, fined under this title, or both; and

“(B) at the discretion of the sentencing judge, be liable for any costs incurred by the Federal Government, or by any State or local government, for housing, maintaining, and treating the person until the person attains the age of 18 years; or

“(3) be subjected to an enhanced term of imprisonment if the person who recruited, solicited, induced, commanded, or caused another person to participate in a criminal street gang is currently incarcerated when the activity occurs.

§ 523. Violent crimes in furtherance or in aid of a criminal street gang

“Any person who, for the purpose of gaining entrance to or maintaining or increasing position in, or in furtherance or in aid of, or for the direct or indirect benefit of, or in purposeful association with a criminal street gang, or as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value to or from a criminal street gang, murders, kidnaps, sexually assaults, maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, commits any other predicate gang crime or threatens to commit a crime of violence against any individual, or attempts or conspires to do so, shall be punished, in addition and consecutive to the punishment provided for any other violation of this chapter—

“(1) for murder, by imprisonment for any term of years or for life, a fine under this title, or both;

“(2) for kidnapping or sexual assault, by imprisonment for any term of years or for life, a fine under this title, or both;

“(3) for maiming, by imprisonment for any term of years or for life, a fine under this title, or both;

“(4) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years, a fine under this title, or both;

“(5) for any other predicate gang crime, by imprisonment for not more than 20 years, a fine under this title, or both;

“(6) for threatening to commit a crime of violence specified in paragraphs (1) through (4), by imprisonment for not more than 10 years, a fine under this title, or both;

“(7) for attempting or conspiring to commit murder, kidnapping, maiming, or sexual assault, by imprisonment for not more than 30 years, a fine under this title, or both; and

“(8) for attempting or conspiring to commit a crime involving assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 20 years, a fine under this title, or both.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 26 of title 18, United States Code, is amended by adding at the end the following:


“522. Recruitment of persons to participate in a criminal street gang.

“523. Violent crimes in furtherance of a criminal street gang.”.

SEC. 303. Interstate and foreign travel or transportation in aid of racketeering enterprises and criminal street gangs.

Section 1952 of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) by striking “and thereafter performs or attempts to perform” and inserting “and thereafter performs, or attempts or conspires to perform”; and

(B) by striking “5 years” and inserting “10 years”;

(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;

(3) by inserting after subsection (a) the following:

“(b) Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with the intent to kill, assault, bribe, force, intimidate, or threaten any person, to delay or influence the testimony of, or prevent from testifying, a witness in a State criminal proceeding and thereafter performs, or attempts or conspires to perform, an act described in this subsection, shall—

“(1) be fined under this title, imprisoned for any term of years, or both; and

“(2) if death results, imprisoned for any term of years or for life.”; and

(4) in subsection (c)(2), as redesignated under subparagraph (B), by inserting “intimidation of, or retaliation against, a witness, victim, juror, or informant,” after “extortion, bribery,”.

SEC. 304. Amendments relating to violent crime in areas of exclusive Federal jurisdiction.

(a) Assault within maritime and territorial jurisdiction of United States.—Section 113(a)(3) of title 18, United States Code, is amended by striking “with intent to do bodily harm, and without just cause or excuse,”.

(b) Manslaughter.—Section 1112(b) of title 18, United States Code, is amended by—

(1) striking “15 years” and inserting “20 years”; and

(2) striking “8 years” and inserting “10 years”.

(c) Offenses committed within indian country.—Section 1153(a) of title 18, United States Code, is amended by inserting “an offense for which the maximum statutory term of imprisonment under section 1363 is greater than 5 years,” after “a felony under chapter 109A,”.

(d) Carjacking.—Section 2119 of title 18, United States Code, is amended by striking “, with the intent to cause death or serious bodily harm”.

(e) Clarification of prohibition on firearm transfer To commit crime of violence or drug trafficking crime.—Section 924(h) of title 18, United States Code, is amended—

(1) by inserting “, or will be possessed in furtherance of,” after “commit”; and

(2) by striking “10 years” and inserting “20 years”.

(f) Amendment of special sentencing provision.—Section 3582(d) of title 18, United States Code, is amended—

(1) by striking “chapter 95 (racketeering) or 96 (racketeer influenced and corrupt organizations) of this title” and inserting “section 521 (criminal street gangs) or 523 (violent crimes in furtherance or in aid of criminal street gangs), in chapter 95 (racketeering) or 96 (racketeer influenced and corrupt organizations),”; and

(2) by inserting “a criminal street gang or” before “an illegal enterprise”.

(g) Conforming amendment relating to 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, chapter 46, or chapter 96 of this title”.

(h) Special provision for indian country.—No person subject to the criminal jurisdiction of an Indian tribal government shall be subject to section 3559(e) of title 18, United States Code, for any offense for which Federal jurisdiction is solely predicated on the fact that the offense was committed in Indian country (as defined in section 1151 of such title 18) and which occurs within the boundaries of such Indian country, unless the governing body of such Indian tribe elects to subject the persons under the criminal jurisdiction of the tribe to section 3559(e) of such title 18.

SEC. 305. Increased penalties for use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence.

(a) In general.—Section 1958 of title 18, United States Code, is amended—

(1) by striking the heading and inserting the following:

“SEC. 1958. Use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence”;

(2) in subsection (a), by striking “Whoever” and all that follows through “conspires to do so” and inserting the following: “Any person who travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility in interstate or foreign commerce, with intent that a murder or other felony crime of violence be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, or who conspires to do so”;

(3) striking “ten years” and inserting “20 years”; and

(4) by striking “twenty years” and inserting “30 years”.

(b) Technical and conforming amendment.—The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by striking the item relating to section 1958 and inserting the following:


“Sec. 1958. Use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence.”.

SEC. 306. Amendment of sentencing guidelines relating to certain gang and violent crimes.

(a) Directive to the United States sentencing commission.—Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and its policy statements to conform to the amendments made by this title.

(b) Requirements.—In carrying out this section, the Sentencing Commission shall—

(1) establish new guidelines and policy statements, as warranted, in order to implement new or revised criminal offenses created under this title;

(2) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses and the penalties set forth in this title, the growing incidence of serious gang and violent crimes, and the need to modify the sentencing guidelines and policy statements to deter, prevent, and punish such offenses;

(3) consider the extent to which the guidelines and policy statements adequately address—

(A) whether the guideline offense levels and enhancements for gang and violent crimes—

(i) are sufficient to deter and punish such offenses; and

(ii) are adequate in view of the statutory increases in penalties contained in the amendments made by this title; and

(B) whether any existing or new specific offense characteristics should be added to reflect congressional intent to increase gang and violent crime penalties, punish offenders, and deter gang and violent crime;

(4) assure reasonable consistency with other relevant directives and with other sentencing guidelines;

(5) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;

(6) make any necessary conforming changes to the sentencing guidelines; and

(7) assure that the guidelines adequately meet the purposes of sentencing under section 3553(a)(2) of title 18, United States Code.

SEC. 307. Study on expanding Federal authority for juvenile offenders.

(a) In general.—Not later than 9 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the costs and benefits associated with expanding Federal authority to prosecute offenders under the age of 18 years who are gang members who commit criminal offenses.

(b) Contents.—The report submitted under subsection (a) shall—

(1) examine the ability of the judicial systems of the States to respond effectively to juveniles who are members of criminal street gangs, as that term is defined in section 521 of title 18, United States Code, as amended by this Act;

(2) examine the extent to which offenders who are 16 and 17 years old are members of criminal street gangs, and are accused of committing violent crimes and prosecuted in the adult criminal justice systems of the individual States;

(3) determine the percentage of crimes committed by members of criminal street gangs that are committed by offenders who are 16 and 17 years old;

(4) examine the extent to which United States attorneys bring criminal indictments and prosecute offenders under the age of 18 years, and the extent to which United States Attorneys’ offices include prosecutors with experience prosecuting juveniles for adult criminal violations;

(5) examine the extent to which the Bureau of Prisons houses offenders under the age of 18 years, and has the ability and experience to meet the needs of young offenders;

(6) estimate the cost to the Federal Government of prosecuting and incarcerating members of criminal street gangs who are 16 or 17 years old and are accused of violent crimes; and

(7) detail any benefits for Federal prosecutions that would be realized by expanding Federal authority to bring charges against members of criminal street gangs who are 16 or 17 years old and are accused of violent crimes.

SEC. 308. Study on examining the role of gangs in prisons.

(a) In General.—Not later than 1 year after the date of enactment of this Act, the Bureau of Prisons shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the prevalence of gangs in prisons.

(b) Contents.—The report submitted under subsection (a) shall—

(1) investigate the growth of gangs in our prison system;

(2) examine the extent to which non-gang member offenders join gangs after arrival in prison;

(3) examine the extent to which current offenders and members of criminal street gangs recruit, employ, solicit, induce, command, or cause another person to be a member of a criminal street gang after arrival in prison;

(4) determine the impact of incarcerating members of similar criminal street gangs in the same prison;

(5) estimate the cost to the Federal Government of incarcerating members of similar criminal street gangs in different prisons; and

(6) provide any suggestions on how to suppress the growth of criminal street gangs in our prison system.

SEC. 311. Increased penalties for use of firearm in crime of violence or drug trafficking crime.

(a) In general.—Section 924(c)(1)(A) of title 18, United States Code, is amended—

(1) by striking “shall” and inserting “or conspires to use, carry, or possess a firearm during and in relation to any such crime shall, for each instance in which the firearm is so used, carried, or possessed”;

(2) in clause (i)—

(A) by striking “5 years” and inserting “7 years”; and

(B) by adding “or” at the end;

(3) by striking clause (ii); and

(4) by redesignating clause (iii) as clause (ii).

(b) Conforming amendments.—Section 924 of title 18, United States Code, is amended—

(1) in subsection (c)—

(A) by striking paragraph (4); and

(B) by redesignating paragraph (5) as paragraph (4); and

(2) by striking subsection (o).

SEC. 321. Standardization of crime reporting and investigation.

(a) Expanding uniform crime reporting.—Section 7332(c) of the Uniform Federal Crime Reporting Act of 1988 (28 U.S.C. 534 note) is amended by adding at the end the following:

“(4) JUVENILE CRIME.—The Attorney General shall create a separate category in the Uniform Crime Reports to distinguish criminal offenses committed by juveniles.

“(5) REPORTING BY STATES AND LOCAL GOVERNMENTS.—

“(A) IN GENERAL.—For each fiscal year beginning after the date of enactment of the Fighting Gangs and Empowering Youth Act of 2010, all departments and agencies within a State or unit of local government which routinely investigate complaints of criminal activity, shall meet the requirements of paragraph (2).

“(B) INELIGIBILITY FOR FUNDS.—For any fiscal year beginning after the date of enactment of the Fighting Gangs and Empowering Youth Act of 2010, a State or unit of local government that fails to comply with subparagraph (A) shall not be eligible to receive any of the funds that would otherwise be allocated for that fiscal year to the State or unit of local government under subtitle A of title II of such Act.

“(C) REALLOCATION.—Amounts not allocated to a State or unit of local government under the subtitle referred to in subparagraph (B) for failure to fully comply with subparagraph (A) shall be reallocated under that subtitle to States and units of local government that have not failed to comply with such subparagraph.

“(D) WAIVER.—The Attorney General shall waive the requirements of subparagraph (A) if compliance with such subparagraph by a State or unit of local government would be unconstitutional under the constitution of the applicable State.”.

(b) National strategy for investigation coordination.—Section 7332 of the Uniform Federal Crime Reporting Act of 1988 (28 U.S.C. 534 note) is amended by adding at the end the following:

“(h) National strategy for investigation coordination.—

“(1) COORDINATION.—The Attorney General shall develop a national strategy to coordinate, consolidate, and standardize all investigations by Federal law enforcement agencies of crimes that are included in the Uniform Crime Reports.

“(2) REPORT.—Not later than January 1, 2011, the Attorney General shall submit a report to the President and Congress—

“(A) outlining the strategy developed under paragraph (1); and

“(B) describing the efforts and strategy of the Department of Justice in consolidating and standardizing data on all crimes that are included in the Uniform Crime Reports.”.

SEC. 322. Consolidating and standardizing gang-related crime data.

Section 150008 of the Violent Crime Control and law Enforcement Act of 1994 (42 U.S.C. 14062) is amended—

(1) in subsection (a), by inserting “, consolidate, and standardize all” after “strategy to coordinate”;

(2) in subsection (b), by striking “acquire and collect” and inserting “acquire, collect, consolidate, and standardize all”;

(3) by amending subsection (c) to read as follows:

“(c) Report.—Not later than January 1, 2011, the Attorney General shall submit a report to the President and Congress—

“(1) outlining the strategy developed under subsection (a); and

“(2) describing the efforts and strategy of the Department of Justice in consolidating and standardizing data on national gang offenses.”; and

(4) in subsection (d), by striking “$1,000,000 for fiscal year 1996” and inserting “$2,000,000 for fiscal year 2011”.