[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3695 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3695

                        To fight criminal gangs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2010

    Mr. Menendez (for himself, Mrs. Gillibrand, and Mr. Lautenberg) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 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.
              TITLE I--PREVENTION AND ECONOMIC EMPOWERMENT

                         Subtitle A--Prevention

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.
        Subtitle B--Recidivism Reduction and Reentry Assistance

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.
                    Subtitle C--Economic Empowerment

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.
                TITLE II--GANG ACTIVITY POLICING PROGRAM

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.
             TITLE III--PUNISHMENT AND IMPROVED CRIME DATA

                        Subtitle A--Gang Crimes

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.
                     Subtitle B--Firearms Offenses

Sec. 311. Increased penalties for use of firearm in crime of violence 
                            or drug trafficking crime.
                         Subtitle C--Crime Data

Sec. 321. Standardization of crime reporting and investigation.
Sec. 322. Consolidating and standardizing gang-related crime data.

              TITLE I--PREVENTION AND ECONOMIC EMPOWERMENT

                         Subtitle A--Prevention

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:

       ``Subtitle H--Public and Assisted Housing Gang Elimination

``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; and
            ``(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:

       ``Subtitle H--Public and Assisted Housing Gang Elimination

``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 E--Strategic 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.

        Subtitle B--Recidivism Reduction and Reentry Assistance

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;
            ``(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;
                    ``(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.

                    Subtitle C--Economic Empowerment

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.

                TITLE II--GANG ACTIVITY POLICING PROGRAM

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.

             TITLE III--PUNISHMENT AND IMPROVED CRIME DATA

                        Subtitle A--Gang Crimes

SEC. 301. CRIMINAL STREET GANGS.

    (a) Criminal Street Gang Prosecutions.--Section 521 of title 18, 
United States Code, is amended to read as follows:
``Sec. 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));
                    ``(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:
``Sec. 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.
``Sec. 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:

``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.

                     Subtitle B--Firearms Offenses

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).

                         Subtitle C--Crime Data

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''.
                                 <all>