II 

112TH CONGRESS 

1ST SESSION S. 867 

To fight criminal gangs. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2011 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To fight criminal gangs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Fighting Gangs and Empowering Youth Act of 2011’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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. 

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. 


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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. 

1 TITLE I—PREVENTION AND 

2 ECONOMIC EMPOWERMENT 

3 Subtitle A—Prevention 

4 SEC. 101. DEMONSTRATION GRANTS TO ENCOURAGE CRE5 ATIVE APPROACHES TO GANG ACTIVITY AND 

6 AFTER-SCHOOL PROGRAMS. 

7 (a) IN GENERAL.—The Attorney General may make 

8 grants to public or nonprofit private entities (including 

9 faith-based organizations) for the purpose of assisting the 

10 entities in carrying out projects involving innovative ap11 proaches to combat gang activity. 

12 (b) PROJECTS.—Projects described in subsection (a) 

13 shall target at-risk youth and juvenile offenders who are 

14 ages 11 to 19 years, who— 

15 (1) fail to successfully complete secondary 

16 school; 

17 (2) have entered the juvenile system; 

18 (3) are at risk of failing to successfully com19 plete secondary school or entering the juvenile sys20 tem; 


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1 (4) are truants or runaways; or 

2 (5) have siblings or family members who are 

3 members of a criminal street gang. 

4 (c) CERTAIN APPROACHES.—Approaches described 

5 in subsection (a) may include— 

6 (1) developing after-school gang prevention pro7 grams, including programs that provide for trans8 portation to and from activities; 

9 (2) encouraging teen-driven approaches to gang 

10 activity prevention; 

11 (3) educating parents to recognize signs of 

12 problems and potential gang involvement in their 

13 children; 

14 (4) teaching parents the importance of a nur15 turing family and home environment to keep chil16 dren out of gangs; and 

17 (5) facilitating communication between parents 

18 and children, especially programs that have been 

19 evaluated and proven effective. 

20 (d) MATCHING FUNDS.— 

21 (1) IN GENERAL.—The Attorney General may 

22 make a grant under this section only if the entity re23 ceiving the grant agrees to make available (directly 

24 or through donations from public or private entities) 

25 non-Federal contributions toward the cost of activiVerDate Mar 15 2010 22:41 May 03, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S867.IS S867

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1 ties to be performed with that grant in an amount 

2 that is not less than 25 percent of such costs. 

3 (2) DETERMINATION OF AMOUNT CONTRIB4 UTED.—Non-Federal contributions required under 

5 paragraph (1) may be in cash or in kind, fairly eval6 uated, including facilities, equipment, or services. 

7 Amounts provided by the Federal Government, or 

8 services assisted or subsidized to any significant ex9 tent by the Federal Government, may not be in10 cluded in determining the amount of such non-Fed11 eral contributions. 

12 (e) EVALUATION OF PROJECTS.— 

13 (1) IN GENERAL.—The Attorney General shall 

14 establish criteria for the evaluation of projects in15 volving innovative approaches under subsection (a). 

16 (2) GRANTEES.—A grant may be made under 

17 this section only if the entity involved— 

18 (A) agrees to conduct evaluations of the 

19 approach in accordance with such criteria; 

20 (B) agrees to submit to the Attorney Gen21 eral reports describing the results of the evalua22 tions, as the Attorney General determines to be 

23 appropriate; and 


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1 (C) submits to the Attorney General, in 

2 the application under subsection (f), a plan for 

3 conducting the evaluations. 

4 (f) APPLICATION FOR GRANT.—The Attorney Gen5 eral may make a grant under subsection (a) only if an 

6 application for the grant is submitted to the Attorney Gen7 eral and the application is in such form, is made in such 

8 manner, and contains such agreements, assurances, and 

9 information (including the agreements under subsections 

10 (d) and (e) and the plan under subsection (e)(2)(C)) as 

11 the Attorney General determines to be necessary to carry 

12 out this section. 

13 (g) REPORT TO CONGRESS.—Not later than October 

14 1, 2012, the Attorney General shall submit to Congress 

15 a report describing the extent to which the approaches 

16 under subsection (a) have been successful in reducing the 

17 rate of gang activity in the communities in which the ap18 proaches have been carried out. That report shall describe 

19 the various approaches used under subsection (a) and the 

20 effectiveness of each of the approaches. 

21 (h) AUTHORIZATION OF APPROPRIATIONS.—For the 

22 purpose of carrying out this section, there are authorized 

23 to be appropriated $5,000,000 for each of the fiscal years 

24 2011 through 2015. 


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1 SEC. 102. REAUTHORIZATION OF CERTAIN AFTER-SCHOOL 

2 PROGRAMS. 

3 (a) 21ST CENTURY COMMUNITY LEARNING CEN4 TERS.—Section 4206 of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 7176) is amended to 

6 read as follows: 

7 ‘‘SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There is authorized to be appropriated to carry out 

9 this part $300,000,000 for each of fiscal years 2011 

10 through 2015.’’. 

11 (b) CAROL M. WHITE PHYSICAL EDUCATION PRO12 GRAM.—Section 5401 of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 7241) is amended— 

14 (1) by striking ‘‘There are’’ and inserting ‘‘(a) 

15 IN GENERAL.—There are’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(b) PHYSICAL EDUCATION.—In addition to the 

18 amounts authorized to be appropriated under subsection 

19 (a), there are authorized to be appropriated $100,000,000 

20 for each of fiscal years 2011 through 2015 to carry out 

21 subpart 10.’’. 

22 SEC. 103. REAUTHORIZATION OF SAFE AND DRUG-FREE 

23 SCHOOLS AND COMMUNITIES ACT. 

24 (a) SAFE AND DRUG-FREE SCHOOLS AND COMMU25 NITIES.—Section 4003 of the Elementary and Secondary 

26 Education Act of 1965 (20 U.S.C. 7103) is amended— 


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1 (1) in paragraph (1), by striking 

2 ‘‘$650,000,000 for fiscal year 2002, and such sums 

3 as may be necessary for each of the 5 succeeding fis4 cal years,’’ and inserting ‘‘$700,000,000 for each of 

5 fiscal years 2011 through 2015,’’; and 

6 (2) in paragraph (2), by striking ‘‘such sums 

7 for fiscal year 2002, and for each of the 5 suc8 ceeding fiscal years,’’ and inserting ‘‘$400,000,000 

9 for each of fiscal years 2011 through 2015,’’. 

10 (b) NATIONAL COORDINATOR INITIATIVE.—Section 

11 4125 of the Elementary and Secondary Education Act of 

12 1965 (20 U.S.C. 7135) is amended— 

13 (1) in subsection (a)— 

14 (A) by striking ‘‘From funds made avail15 able to carry out this subpart under section 

16 4003(2), the Secretary may provide’’ and in17 serting ‘‘From amounts made available to carry 

18 out this subpart under section 4003(2) for each 

19 fiscal year, the Secretary shall reserve for each 

20 fiscal year not less than $40,000,000 to pro21 vide’’; and 

22 (B) by inserting ‘‘, gang prevention,’’ after 

23 ‘‘drug prevention’’; 

24 (2) in subsection (b)— 

25 (A) in the first sentence— 


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1 (i) by inserting ‘‘, gang prevention,’’ 

2 after ‘‘serve as drug prevention’’; and 

3 (ii) by inserting ‘‘, gang,’’ after ‘‘sig4 nificant drug’’; and 

5 (B) in the second sentence, by inserting ‘‘, 

6 gang,’’ after ‘‘analyzing assessments of drug’’; 

7 and 

8 (3) by adding at the end the following: 

9 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out this section 

11 $40,000,000 for each of fiscal years 2011 through 2015.’’. 

12 (c) MENTORING PROGRAM.—Section 4130(b) of the 

13 Elementary and Secondary Education Act of 1965 (20 

14 U.S.C. 7140(b)) is amended— 

15 (1) in the matter preceding subparagraph (A) 

16 of paragraph (1), by striking ‘‘The Secretary may 

17 award grants from funds made available to carry out 

18 this subpart under section 4003(2)’’ and inserting 

19 ‘‘From amounts made available to carry out this 

20 subpart under section 4003(2) for each fiscal year, 

21 the Secretary shall reserve for each fiscal year not 

22 less than $50,000,000 to award grants’’; 

23 (2) in paragraph (5)(B)(i), by inserting ‘‘ele24 mentary school and middle school’’ after ‘‘serves’’; 

25 and 


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1 (3) in paragraph (5)(C)(ii)(IV), by striking 

2 ‘‘the 4th’’ and inserting ‘‘kindergarten’’. 

3 (d) ANTI-GANG DISCRETIONARY GRANTS.—Subpart 

4 2 of part A of title IV of the Elementary and Secondary 

5 Education Act of 1965 (20 U.S.C. 7131 et seq.) is amend6 ed by adding at the end the following: 

7 ‘‘SEC. 4131. ANTI-GANG DISCRETIONARY GRANTS. 

8 ‘‘(a) AUTHORITY TO MAKE GRANTS.—From 

9 amounts made available to carry out this subpart under 

10 section 4003(2) for each fiscal year, the Secretary shall 

11 reserve for each fiscal year not less than $50,000,000 to 

12 award grants, on a competitive basis, to nonprofit organi13 zations to enable the nonprofit organizations to establish 

14 programs to assist a public elementary school or middle 

15 school in providing an innovative approach— 

16 ‘‘(1) to combat gang activity in the school and 

17 the community surrounding the school; and 

18 ‘‘(2) to heighten awareness of, and provide tools 

19 to reduce, gang violence in the school and the com20 munity surrounding the school. 

21 ‘‘(b) APPLICATION.—To be eligible to receive a grant 

22 under this section, a nonprofit organization shall submit 

23 an application to the Secretary that includes a detailed 

24 plan to combat gang activity and reduce gang violence in 

25 a school and the surrounding community. 


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1 ‘‘(c) PRIORITY CONSIDERATION.—In awarding 

2 grants under this section, the Secretary shall give priority 

3 consideration to applications describing programs that 

4 target youth living in a high-intensity interstate gang ac5 tivity area defined under section 204 of the Fighting 

6 Gangs and Empowering Youth Act of 2010. 

7 ‘‘(d) REPORTS.—The Secretary shall require any re8 cipient of a grant under this section to provide periodic 

9 reports that include the obligation and expenditure of 

10 grant funds, the progress made by the grantee in imple11 menting the plan described in subsection (b), and any 

12 change in the incidence of gang-related crime in projects 

13 assisted under this section. 

14 ‘‘(e) MONITORING.—The Secretary shall audit and 

15 monitor the programs funded under this section to ensure 

16 that assistance provided under this section is administered 

17 in accordance with the provisions of this section.’’. 

18 SEC. 104. PUBLIC AND ASSISTED HOUSING GANG ELIMI19 NATION. 

20 (a) PUBLIC AND ASSISTED HOUSING.—Title V of the 

21 Anti-Drug Abuse Act of 1988 (Public Law 100–690; 102 

22 Stat. 4295) is amended by adding at the end the following 

23 new subtitle: 


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1 ‘‘Subtitle H—Public and Assisted 

2 Housing Gang Elimination 

3 ‘‘SEC. 5401. SHORT TITLE. 

4 ‘‘This subtitle may be cited as the ‘Public and As5 sisted Housing Gang Elimination Act of 2010’. 

6 ‘‘SEC. 5402. DEFINITIONS. 

7 ‘‘In this subtitle— 

8 ‘‘(1) the term ‘federally assisted low-income 

9 housing’ means housing assisted under— 

10 ‘‘(A) section 221(d)(3), section 221(d)(4), 

11 or 236 of the National Housing Act; 

12 ‘‘(B) section 101 of the Housing and 

13 Urban Development Act of 1965; 

14 ‘‘(C) section 8 of the United States Hous15 ing Act of 1937; or 

16 ‘‘(D) the Native American Housing Assist17 ance and Self-Determination Act of 1996; 

18 ‘‘(2) the term ‘high-intensity interstate gang ac19 tivity area’ means an area designated by the Attor20 ney General under section 204 of the Fighting 

21 Gangs and Empowering Youth Act of 2010; and 

22 ‘‘(3) the term ‘Secretary’ means the Secretary 

23 of Housing and Urban Development. 


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1 ‘‘SEC. 5403. AUTHORITY TO MAKE GRANTS. 

2 ‘‘The Secretary, in accordance with the provisions of 

3 this subtitle, may make grants to public housing agencies 

4 (including any Indian tribe or other recipient under the 

5 Native American Housing Assistance and Self-Determina6 tion Act of 1996 (25 U.S.C. 4101 et seq.)) and private, 

7 for-profit and nonprofit owners of federally assisted low8 income housing for use in eliminating gang-related crime. 

9 ‘‘SEC. 5404. ELIGIBLE ACTIVITIES. 

10 ‘‘Grants under this subtitle may be used in public 

11 housing or other federally assisted low-income housing 

12 projects for— 

13 ‘‘(1) the employment of security personnel; 

14 ‘‘(2) reimbursement of local law enforcement 

15 agencies for additional security and protective serv16 ices; 

17 ‘‘(3) physical improvements which are specifi18 cally designed to enhance security; 

19 ‘‘(4) the employment of 1 or more individuals— 

20 ‘‘(A) to investigate gang-related crime on 

21 or about the real property comprising any pub22 lic or other federally assisted low-income hous23 ing project; and 

24 ‘‘(B) to provide evidence relating to such 

25 crime in any administrative or judicial pro26 ceeding; 


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1 ‘‘(5) the provision of training, communications 

2 equipment, and other related equipment for use by 

3 voluntary tenant patrols acting in cooperation with 

4 local law enforcement officials; 

5 ‘‘(6) programs designed to reduce gang activity 

6 in and around public or other federally assisted low7 income housing projects, including encouraging teen8 driven approaches to gang activity prevention; and 

9 ‘‘(7) providing funding to nonprofit public hous10 ing resident management corporations and resident 

11 councils to develop security and gang prevention pro12 grams involving site residents. 

13 ‘‘SEC. 5405. APPLICATIONS. 

14 ‘‘(a) REQUIRED SUBMISSION.— 

15 ‘‘(1) IN GENERAL.—To receive a grant under 

16 this subtitle, a public housing agency or an owner of 

17 federally assisted low-income housing shall submit 

18 an application to the Secretary, at such time, in 

19 such manner, and accompanied by such additional 

20 information as the Secretary may reasonably re21 quire. 

22 ‘‘(2) REQUIRED INCLUSIONS.—Any application 

23 submitted under paragraph (1) shall include a plan 

24 for addressing the problem of gang-related crime on 

25 the premises of the housing administered or owned 


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1 by the applicant for which the application is being 

2 submitted. 

3 ‘‘(b) CRITERIA.—Except as provided by subsections 

4 (c) and (d) the Secretary shall approve applications under 

5 this subtitle based exclusively on— 

6 ‘‘(1) the extent of the gang-related crime prob7 lem in the public or federally assisted low-income 

8 housing project or projects proposed for assistance; 

9 ‘‘(2) the quality of the plan of the applicant to 

10 address the crime problem in the public or federally 

11 assisted low-income housing project or projects pro12 posed for assistance, including the extent to which 

13 the plan includes initiatives that can be sustained 

14 over a period of several years; and 

15 ‘‘(3) the extent to which tenants, the local gov16 ernment, and the local community support and par17 ticipate in the design and implementation of the ac18 tivities proposed to be funded under the application. 

19 ‘‘(c) HIGH-INTENSITY INTERSTATE GANG ACTIVITY

20 AREAS.—In evaluating the extent of the gang-related 

21 crime problem under subsection (b), the Secretary may 

22 consider whether housing projects proposed for assistance 

23 are located in a high-intensity interstate gang activity area 

24 as described in section 204 of this Act. 


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1 ‘‘SEC. 5406. IMPLEMENTATION. 

2 ‘‘The Secretary shall issue regulations to implement 

3 this subtitle within 180 days after the date of enactment 

4 of this subtitle. 

5 ‘‘SEC. 5407. REPORTS. 

6 ‘‘The Secretary shall require any recipient of a grant 

7 under this subtitle to provide periodic reports that in8 clude— 

9 ‘‘(1) the obligation and expenditure of grant 

10 funds; 

11 ‘‘(2) the progress made by the grantee in imple12 menting the plan described in section 5404(a); and 

13 ‘‘(3) any change in the incidence of gang-re14 lated crime in projects assisted under this subtitle. 

15 ‘‘SEC. 5408. MONITORING. 

16 ‘‘The Secretary shall audit and monitor the programs 

17 funded under this subtitle to ensure that assistance pro18 vided under this subtitle is administered in accordance 

19 with the provisions of this subtitle. 

20 ‘‘SEC. 5409. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘(a) IN GENERAL.—There are authorized to be ap22 propriated to carry out this subtitle $100,000,000 for each 

23 of the fiscal years 2011 through 2015. Any amount appro24 priated under this section shall remain available until ex25 pended. 


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1 ‘‘(b) CONFORMING AMENDMENT.—The table of con2 tents in section 5001 of the Anti-Drug Abuse Act of 1988 

3 (Public Law 100–690; 102 Stat. 4295) is amended by 

4 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.’’. 

5 SEC. 105. MUNICIPAL ALLIANCES. 

6 The Violent Crime Control and Law Enforcement Act 

7 of 1994 (42 U.S.C. 13701 et seq.) is amended by inserting 

8 after section 30403 the following: 

9 ‘‘Subtitle E—Strategic Community 

10 Planning Program 

11 ‘‘SEC. 30501. GRANT AUTHORITY. 

12 ‘‘(a) GRANTS.— 

13 ‘‘(1) IN GENERAL.—The Attorney General may 

14 award grants on a competitive basis to eligible local 

15 entities to assist eligible communities in developing 

16 and carrying out programs that target at-risk youth 

17 and juvenile offenders ages 11 to 19 years, who— 

18 ‘‘(A) fail to successfully complete sec19 ondary school; 


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1 ‘‘(B) have entered the juvenile justice sys2 tem; 

3 ‘‘(C) are at risk of failing to successfully 

4 complete secondary school or entering the juve5 nile justice system; 

6 ‘‘(D) are truants or runaways; or 

7 ‘‘(E) have siblings or family members who 

8 are believed to be members of criminal street 

9 gangs. 

10 ‘‘(2) GRANT AMOUNT.—A grant awarded to an 

11 eligible local entity under this subtitle shall be for 

12 not less than $250,000 for 1 fiscal year. Amounts 

13 made available through such a grant shall remain 

14 available until expended. 

15 ‘‘(b) PROGRAM REQUIREMENTS.— 

16 ‘‘(1) PROGRAMS.—An eligible local entity that 

17 receives funds under this subtitle shall develop or ex18 pand community programs in eligible communities 

19 that are designed to target at-risk youths and juve20 nile offenders through prevention, early intervention, 

21 and graduated sanctions. 

22 ‘‘(2) OPTIONAL ACTIVITIES.—An eligible local 

23 entity that receives funds under this subtitle may de24 velop a variety of programs to serve the comprehenVerDate Mar 15 2010 22:41 May 03, 2011 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S867.IS S867

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1 sive needs of at-risk youth and juvenile offenders, in2 cluding— 

3 ‘‘(A) homework assistance and after-school 

4 programs, including educational, social, and 

5 athletic activities; 

6 ‘‘(B) mentoring programs; 

7 ‘‘(C) family counseling; and 

8 ‘‘(D) parental training programs. 

9 ‘‘(c) ELIGIBLE COMMUNITY IDENTIFICATION.—The 

10 Attorney General shall establish by regulation the criteria 

11 necessary to qualify as an eligible community, which shall 

12 include criteria with respect to whether the community is 

13 located in a high-intensity interstate gang activity area 

14 designated under section 204 of the Fighting Gangs and 

15 Empowering Youth Act of 2010. 

16 ‘‘SEC. 30502. APPLICATIONS. 

17 ‘‘(a) APPLICATION REQUIRED.—To be eligible to re18 ceive a grant under this subtitle, a local entity shall submit 

19 an application to the Attorney General at such time, in 

20 such manner, and accompanied by such information, as 

21 the Attorney General may reasonably require. 

22 ‘‘(b) CONTENTS OF APPLICATION.—Each application 

23 submitted under subsection (a) shall— 

24 ‘‘(1) contain a comprehensive plan for the pro25 gram that is designed to improve the academic and 


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1 social development of at-risk youths and juvenile of2 fenders in the eligible community, which— 

3 ‘‘(A) identifies an eligible community to be 

4 assisted; 

5 ‘‘(B) describes the community planning 

6 process to be used by the local entity that in7 cludes— 

8 ‘‘(i) parents and family members; 

9 ‘‘(ii) local school officials; 

10 ‘‘(iii) teachers employed at schools 

11 within the eligible community; 

12 ‘‘(iv) local public officials; 

13 ‘‘(v) law enforcement officers and offi14 cials; 

15 ‘‘(vi) clergy and faith-based organiza16 tions; 

17 ‘‘(vii) public housing authorities; 

18 ‘‘(viii) public housing resident organi19 zation members, where applicable; and 

20 ‘‘(ix) public and private nonprofit or21 ganizations that provide education, child 

22 protective services, or other human services 

23 to low-income, at-risk youth and juvenile 

24 offenders, and their families; and 


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1 ‘‘(C) develops a concentrated strategy for 

2 implementation of the community planning 

3 process developed under subparagraph (B) that 

4 targets clusters of at-risk youth and juvenile of5 fenders in the eligible community; 

6 ‘‘(2) provide evidence of support for accom7 plishing the objectives of such plan from— 

8 ‘‘(A) community leaders; 

9 ‘‘(B) a school district; 

10 ‘‘(C) local officials; and 

11 ‘‘(D) other organizations that the local en12 tity determines to be appropriate; 

13 ‘‘(3) provide an assurance that the local entity 

14 will use grant funds received under this subsection 

15 to implement the program requirements listed in 

16 section 30701(b); 

17 ‘‘(4) include an estimate of the number of at18 risk youth and juvenile offenders in the eligible com19 munity expected to be served under the program; 

20 ‘‘(5) provide an assurance that the local entity 

21 will prepare and submit to the Attorney General an 

22 annual report regarding any program conducted 

23 under this subtitle; and 


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1 ‘‘(6) provide an assurance that the local entity 

2 will maintain separate accounting records for the 

3 program. 

4 ‘‘(c) PRIORITY.—In awarding grants under this sub5 title, the Attorney General shall give priority to eligible 

6 local entities that identify under subsection (b)(1)(A) an 

7 eligible community that, when compared to other eligible 

8 communities, has a greater need than such other eligible 

9 communities for assistance under this subtitle, as deter10 mined by the Attorney General based on the criteria estab11 lished under section 30701(c). 

12 ‘‘(d) FEDERAL SHARE.—The Federal share of the 

13 costs of a program developed or carried out with a grant 

14 under this section shall be not more than 70 percent. The 

15 non-Federal share of such costs may be in cash or in kind, 

16 fairly evaluated, including personnel, facilities, equipment, 

17 and services. 

18 ‘‘SEC. 30503. DEFINITIONS. 

19 ‘‘For purposes of this subtitle— 

20 ‘‘(1) the term ‘local entity’ means— 

21 ‘‘(A) a local educational agency; or 

22 ‘‘(B) a community-based organization, as 

23 defined in section 9101 of the Elementary and 

24 Secondary Education Act of 1965 (20 U.S.C. 

25 7801); and 


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1 ‘‘(2) the term ‘eligible community’ means an 

2 area which meets the criteria established by the At3 torney General in accordance with section 30701(c). 

4 ‘‘SEC. 30504. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated for grants 

6 under this subtitle— 

7 ‘‘(1) $10,000,000 for fiscal year 2012; 

8 ‘‘(2) $11,000,000 for fiscal year 2013; 

9 ‘‘(3) $12,000,000 for fiscal year 2014; 

10 ‘‘(4) $13,000,000 for fiscal year 2015; and 

11 ‘‘(5) $14,000,000 for fiscal year 2016.’’. 

12 SEC. 106. REAUTHORIZATION OF THE GANG RESISTANCE 

13 EDUCATION AND TRAINING PROJECTS PRO14 GRAM AND INCREASED FUNDING FOR THE 

15 NATIONAL YOUTH GANG SURVEY. 

16 Section 32401 of the Violent Crime Control and Law 

17 Enforcement Act of 1994 (42 U.S.C. 13921) is amended 

18 in subsection (b)— 

19 (1) in paragraph (4), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (5), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(6) $21,000,000 for each of fiscal years 2011 

25 through 2015. 


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1 ‘‘(c) USE OF FUNDS.—Not more than $1,000,000 of 

2 the funds authorized under this section for a fiscal year 

3 shall be used to increase the number of samples collected 

4 by the National Youth Gang Center for its annual Na5 tional Youth Gang Survey.’’. 

6 SEC. 107. MENTORING GRANTS TO NONPROFIT ORGANIZA7 TIONS. 

8 (a) AUTHORITY TO MAKE GRANTS.—From amounts 

9 made available to carry out this section, the Attorney Gen10 eral shall make grants, in consultation with the Secretary 

11 of Labor and the Secretary of Housing and Urban Devel12 opment, to nonprofit organizations for the purpose of pro13 viding mentoring and other transitional services essential 

14 to the reentry of offenders into the community. 

15 (b) USE OF FUNDS.—A nonprofit organization that 

16 receives a grant under subsection (a) may use the grant 

17 to— 

18 (1) mentor adult and juvenile offenders dur19 ing— 

20 (A) incarceration of the offenders; 

21 (B) the transition of the offenders back to 

22 the community; and 

23 (C) post-incarceration of the offenders; and 

24 (2) provide transitional services to assist in the 

25 reentry of offenders into the community. 


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1 (c) APPLICATION; PRIORITY CONSIDERATION.— 

2 (1) IN GENERAL.—To be eligible to receive a 

3 grant under this section, a nonprofit organization 

4 shall submit an application to the Attorney General 

5 based on criteria developed by the Attorney General, 

6 in consultation with the Secretary of Labor and the 

7 Secretary of Housing and Urban Development. 

8 (2) PRIORITY.—The Attorney General shall give 

9 priority consideration to applications that— 

10 (A) include a plan to implement activities 

11 that have been demonstrated to be effective in 

12 facilitating the successful reentry of offenders 

13 into the community; and 

14 (B) provide for an independent evaluation. 

15 (d) STRATEGIC PERFORMANCE OUTCOMES.—The At16 torney General shall require each applicant under this sec17 tion to identify specific performance outcomes related to 

18 the long-term goal of stabilizing communities by reducing 

19 recidivism and reintegrating offenders into the commu20 nity. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Attorney General 

23 to carry out this section $25,000,000 for each of fiscal 

24 years 2011 through 2015. 


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1 Subtitle B—Recidivism Reduction 

2 and Reentry Assistance 

3 SEC. 111. REAUTHORIZATION OF ADULT AND JUVENILE OF4 FENDER STATE AND LOCAL REENTRY DEM5 ONSTRATION PROJECTS. 

6 Section 2976(b) of the Omnibus Crime Control and 

7 Safe Streets Act of 1968 (42 U.S.C. 3797w(b)) is amend8 ed by striking paragraphs (1) through (4) and inserting 

9 the following: 

10 ‘‘(1) establishing or improving the system or 

11 systems under which offenders awaiting reentry into 

12 the community are provided with documents useful 

13 in achieving a successful transition from prison, jail, 

14 or detention (such as identification papers, referrals 

15 to services, medical prescriptions, job training cer16 tificates, apprenticeship papers, and information on 

17 obtaining public assistance); 

18 ‘‘(2) carrying out programs and initiatives by 

19 units of local government to strengthen reentry serv20 ices for offenders released from local jails; 

21 ‘‘(3) providing structured post-release housing 

22 and transitional housing (including group homes for 

23 recovering substance abusers) through which offend24 ers are provided supervision and services imme25 diately following reentry into the community; 


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1 ‘‘(4) assisting offenders in securing permanent 

2 housing upon release or following a stay in transi3 tional housing; 

4 ‘‘(5) assisting offenders in leaving a criminal 

5 street gang; 

6 ‘‘(6) providing offenders who have left a crimi7 nal street gang with safety services upon release 

8 from prison, jail, or detention; 

9 ‘‘(7) providing offenders with education, job 

10 training, responsible parenting and healthy relation11 ship skills training designed specifically for address12 ing the needs of incarcerated and transitioning fa13 thers and mothers, English as a second language 

14 programs, work experience programs, self-respect 

15 and life skills training, and other skills useful in 

16 achieving a successful transition from prison or jail; 

17 ‘‘(8) facilitating collaboration among corrections 

18 and community corrections, technical schools, com19 munity colleges, and the workforce development and 

20 employment service sectors— 

21 ‘‘(A) to promote the employment of offend22 ers released from prison and jail, as appro23 priate, through efforts such as educating em24 ployers about existing financial incentives; 


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1 ‘‘(B) to facilitate the creation of job oppor2 tunities for offenders released from prison or 

3 jail, including transitional jobs and time-limited 

4 subsidized work experience (as appropriate); 

5 and 

6 ‘‘(C) to connect offenders to employment 

7 (including supportive employment and employ8 ment services) before their release to the com9 munity, to provide work supports (including 

10 transportation and retention services), as ap11 propriate, and to identify labor market needs to 

12 ensure that education and training are appro13 priate; 

14 ‘‘(9) developing programs and activities that 

15 support parent-child relationships, such as— 

16 ‘‘(A) using videoconferencing to allow vir17 tual visitation when incarcerated offenders are 

18 more than 100 miles from their families; 

19 ‘‘(B) the establishment of family days, 

20 which provide for longer visitation hours or 

21 family activities; 

22 ‘‘(C) the implementation of programs to 

23 help incarcerated parents stay connected to 

24 their children and learn responsible parenting 

25 and healthy relationship skills; and 


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1 ‘‘(D) programs for mentoring children of 

2 incarcerated offenders; 

3 ‘‘(10) expanding family-based treatment centers 

4 that offer family-based comprehensive treatment 

5 services for offenders reentering the community; 

6 ‘‘(11) conducting studies to determine the types 

7 of offenders who are returning to prison or jail, and 

8 which of those returning offenders represent the 

9 greatest risk to community safety; 

10 ‘‘(12) developing and implementing procedures 

11 to assist relevant authorities— 

12 ‘‘(A) in determining when release is appro13 priate; and 

14 ‘‘(B) in the use of data to inform the re15 lease decision; 

16 ‘‘(13) developing and implementing procedures 

17 to identify efficiently and effectively those violators 

18 of probation, parole, or post-incarceration super19 vision who should be returned to prison or jail; and 

20 ‘‘(14) establishing or expanding the use of re21 entry courts and other programs to— 

22 ‘‘(A) monitor offenders returning to the 

23 community; 

24 ‘‘(B) provide offenders reentering the com25 munity with— 


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1 ‘‘(i) drug and alcohol testing and 

2 treatment; and 

3 ‘‘(ii) mental and medical health as4 sessment and services; 

5 ‘‘(C) facilitate restorative justice practices 

6 and convene family or community impact pan7 els, family impact educational classes, victim 

8 impact panels, or victim impact educational 

9 classes; and 

10 ‘‘(D) provide and coordinate the delivery of 

11 other community services to offenders, includ12 ing— 

13 ‘‘(i) housing assistance; 

14 ‘‘(ii) education; 

15 ‘‘(iii) employment training; 

16 ‘‘(iv) conflict resolution skills training; 

17 ‘‘(v) family violence intervention pro18 grams; 

19 ‘‘(vi) culturally and linguistically com20 petent services, as appropriate; and 

21 ‘‘(vii) other appropriate services, as 

22 determined by the Attorney General. 

23 ‘‘(c) TASK FORCE ON FEDERAL PROGRAMS AND AC24 TIVITIES RELATING TO REENTRY OF OFFENDERS.— 


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1 ‘‘(1) TASK FORCE REQUIRED.—The Attorney 

2 General, in consultation with the Secretary of Hous3 ing and Urban Development, the Secretary of Labor, 

4 the Secretary of Education, the Secretary of Health 

5 and Human Services, the Secretary of Veterans Af6 fairs, the Secretary of Agriculture, and the heads of 

7 such other elements of the Federal Government as 

8 the Attorney General considers appropriate, and in 

9 collaboration with States, units of local government, 

10 territories, tribes, stakeholders, service providers, 

11 and nonprofit organizations, shall establish an inter12 agency task force on Federal programs and activities 

13 relating to the reentry of offenders into the commu14 nity. 

15 ‘‘(2) DUTIES.—The task force established 

16 under paragraph (1) shall— 

17 ‘‘(A) identify any reentry program or activ18 ity that may be resulting in overlapping or du19 plication of reentry services, the scope of such 

20 overlapping or duplication, and the relationship 

21 of such overlapping and duplication to public 

22 safety, public health, and effectiveness and effi23 ciency; 


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1 ‘‘(B) identify methods to improve collabo2 ration and coordination programs and activities 

3 identified in subparagraph (A); 

4 ‘‘(C) identify areas of responsibility in 

5 which improved collaboration and coordination 

6 of programs and activities identified in subpara7 graph (A) would result in increased effective8 ness or efficiency; 

9 ‘‘(D) develop innovative interagency or 

10 intergovernmental programs, activities, or pro11 cedures that would improve outcomes of offend12 ers reentering the community and the children 

13 of offenders; 

14 ‘‘(E) develop methods for increasing reg15 ular communication that would increase inter16 agency program effectiveness; 

17 ‘‘(F) identify areas of research that can be 

18 coordinated across agencies with an emphasis 

19 on applying science-based practices to support, 

20 treatment, and intervention programs for of21 fenders reentering the community; 

22 ‘‘(G) identify funding areas that should be 

23 coordinated across agencies, and any gaps in 

24 funding for reentry services; and 


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1 ‘‘(H) identify successful reentry programs 

2 and collect best practices in offender reentry 

3 from demonstration grantees and other agencies 

4 and organizations, determine the extent to 

5 which such programs and practices can be rep6 licated, and make information on such pro7 grams and practices available to States, local8 ities, nonprofit organizations, and others. 

9 ‘‘(3) REPORT.— 

10 ‘‘(A) IN GENERAL.—Not later than 1 year 

11 after the date of enactment of the Fighting 

12 Gangs and Empowering Youth Act of 2010, the 

13 task force established under paragraph (1) shall 

14 submit to Congress a report on barriers to re15 entry of offenders to the community, including 

16 recommendations to overcome any barriers 

17 identified. 

18 ‘‘(B) PUBLIC COMMENT.—The task force 

19 shall solicit and incorporate for public comment 

20 in preparing the report required in subpara21 graph (A). 

22 ‘‘(C) CONTENTS.—The report required by 

23 subparagraph (A) shall identify Federal and 

24 other barriers to successful reentry of offenders 

25 into the community and analyze the effects of 


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1 the barriers on offenders and on children and 

2 other family members of offenders, including 

3 barriers relating to— 

4 ‘‘(i) child support obligations and pro5 cedures; 

6 ‘‘(ii) Social Security benefits (includ7 ing barriers in timely restoration of sus8 pended disability benefits immediately 

9 upon release), veterans benefits, food 

10 stamps, and other forms of Federal public 

11 assistance; 

12 ‘‘(iii) Medicaid and Medicare laws, 

13 regulations, guidelines or procedures (in14 cluding barriers in timely restoration of 

15 benefits caused by delay in reinstatement 

16 of suspended Social Security disability ben17 efits); 

18 ‘‘(iv) education programs, financial 

19 assistance, and full civic participation; 

20 ‘‘(v) temporary assistance to needy 

21 families (TANF) program funding criteria 

22 and other welfare benefits; 

23 ‘‘(vi) sustainable employment and ca24 reer advancement, including barriers that 

25 are not directly connected to the crime 


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1 committed and the risk that the offender 

2 presents to the community; 

3 ‘‘(vii) laws, regulations, rules, and 

4 practices that restrict Federal employment 

5 licensure and participation in Federal con6 tracting programs; 

7 ‘‘(viii) admissions to and evictions 

8 from Federal housing programs, includ9 ing— 

10 ‘‘(I) examining the number and 

11 characteristics of offenders who are 

12 evicted from or denied eligibility for 

13 Federal housing programs; 

14 ‘‘(II) the effect of eligibility deni15 als and evictions on homelessness, 

16 family stability, and family reunifica17 tion; 

18 ‘‘(III) the extent to which arrest 

19 records are the basis for denying ap20 plications; 

21 ‘‘(IV) the implications of consid22 ering misdemeanor convictions that 

23 occurred more than 5 years before the 

24 date of an application and felony con25 victions that occurred more than 10 


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1 years before the date of an applica2 tion, and the appropriateness of tak3 ing into account rehabilitation and 

4 other mitigating factors; and 

5 ‘‘(V) the feasibility of using pro6 bationary or conditional eligibility 

7 based on participation in a supervised 

8 rehabilitation program or other appro9 priate social services; 

10 ‘‘(ix) reentry procedures, case plan11 ning, and transitions of offenders from the 

12 custody of the Bureau of Prisons to a Fed13 eral parole or probation program, or to 

14 community corrections; 

15 ‘‘(x) laws, regulations, rules, and 

16 practices that may require a parolee to re17 turn to the same county that the parolee 

18 was living in prior to being arrested, and 

19 the potential for changing such laws, regu20 lations, rules, and practices; and 

21 ‘‘(xi) prerelease planning procedures 

22 for offenders to ensure that the eligibility 

23 of an offender for Federal or State benefits 

24 (including Medicaid, Medicare, Social Se25 curity and veterans benefits) upon release 


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1 is established prior to release, subject to 

2 any limitations in law, and to ensure that 

3 offenders are provided with referrals to ap4 propriate social and health services or are 

5 linked to appropriate nonprofit organiza6 tions. 

7 ‘‘(4) ANNUAL REPORTS.—On an annual basis, 

8 the task force established under paragraph (1) shall 

9 submit to Congress a report on the activities of the 

10 task force, including specific recommendations of the 

11 task force on the matters described in paragraph 

12 (2). 

13 ‘‘(5) STANDARDS FOR ANALYSIS.—Any statis14 tical analysis of population data under this section 

15 shall be conducted in accordance with the Federal 

16 Register Notice dated October 30, 1997, relating to 

17 classification standards. 

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 2976 of the Omnibus Crime Control and Safe Streets Act 

20 of 1968 (42 U.S.C. 3797w) is amended in subsection 

21 (o)(1) by striking ‘$60,000,000’ and all that follows, and 

22 inserting ‘$60,000,000 for each fiscal years 2011 through 

23 2015’ ’’. 


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1 SEC. 112. CHILDREN OF INCARCERATED PARENTS AND 

2 FAMILIES. 

3 The Secretary of Health and Human Services may— 

4 (1) prepare and make available to States a re5 port on any recommendations regarding the role of 

6 State child protective services at the time of the ar7 rest of an individual; and 

8 (2) by regulation, establish such services as the 

9 Secretary determines necessary for the preservation 

10 of families that have been impacted by the incarcer11 ation of a family member, with special attention 

12 given to the impact on children. 

13 SEC. 113. REMOVAL OF LIMITATION ON AMOUNT OF FUNDS 

14 AVAILABLE FOR CORRECTIONS EDUCATION 

15 PROGRAMS UNDER THE ADULT EDUCATION 

16 AND FAMILY LITERACY ACT. 

17 (a) IN GENERAL.—Section 222(a)(1) of the Adult 

18 Education and Family Literacy Act (20 U.S.C. 

19 9222(a)(1)) is amended by striking ‘‘, of which not more 

20 than 10 percent of the 82.5 percent shall be available to 

21 carry out section 225’’. 

22 (b) REPORT.—Not later than 180 days after the date 

23 of enactment of this Act, the Secretary of Education shall 

24 submit to Congress a report— 

25 (1) on the use of literacy funds provided under 

26 the Adult Education and Family Literacy Act (20 


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1 U.S.C. 9201 et seq.) to correctional institutions, as 

2 defined in section 225(d)(2) of such Act (20 U.S.C. 

3 9225(d)(2)); and 

4 (2) that— 

5 (A) specifies the amount of literacy funds 

6 that are provided to each category of correc7 tional institution in each State; and 

8 (B) identifies whether funds are being suf9 ficiently allocated among the various types of 

10 institutions. 

11 SEC. 114. GRANTS TO STATES FOR IMPROVED WORKPLACE 

12 AND COMMUNITY TRANSITION TRAINING FOR 

13 INCARCERATED YOUTH OFFENDERS. 

14 Section 821 of the Higher Education Amendments of 

15 1998 (20 U.S.C. 1151) is amended to read as follows: 

16 ‘‘SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE 

17 AND COMMUNITY TRANSITION TRAINING FOR 

18 INCARCERATED YOUTH OFFENDERS. 

19 ‘‘(a) DEFINITION.—In this section, the term ‘youth 

20 offender’ means a male or female offender who is— 

21 ‘‘(1) 30 years of age or younger; and 

22 ‘‘(2) incarcerated in a State prison, including a 

23 prerelease facility. 

24 ‘‘(b) GRANT PROGRAM.—The Secretary of Education 

25 (in this section referred to as the ‘Secretary’)— 


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1 ‘‘(1) shall establish a program in accordance 

2 with this section to provide grants to the State cor3 rectional education agencies in the States, from allo4 cations for the States under subsection (h), to assist 

5 and encourage youth offenders to acquire functional 

6 literacy, life, and job skills, through— 

7 ‘‘(A) the pursuit of a postsecondary edu8 cation certificate, or an associate or bachelor’s 

9 degree while in prison; and 

10 ‘‘(B) employment counseling and other re11 lated services which start during incarceration 

12 and end not later than 1 year after release from 

13 confinement; and 

14 ‘‘(2) may establish such performance objectives 

15 and reporting requirements for State correctional 

16 education agencies receiving grants under this sec17 tion as the Secretary determines are necessary to as18 sess the effectiveness of the program under this sec19 tion. 

20 ‘‘(c) APPLICATION.—To be eligible for a grant under 

21 this section, a State correctional education agency shall 

22 submit to the Secretary a proposal for a youth offender 

23 program that— 

24 ‘‘(1) identifies the scope of the problem, includ25 ing the number of youth offenders in need of postVerDate Mar 15 2010 22:41 May 03, 2011 Jkt 099200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S867.IS S867

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1 secondary education and career and technical edu2 cation; 

3 ‘‘(2) lists the accredited public or private edu4 cational institution or institutions that will provide 

5 postsecondary educational services; 

6 ‘‘(3) lists the cooperating agencies, public and 

7 private, or businesses that will provide related serv8 ices, such as counseling in the areas of career devel9 opment, substance abuse, health, and parenting 

10 skills; 

11 ‘‘(4) describes how the proposed program will 

12 educate youth offenders on how to withdraw them13 selves from criminal street gangs; 

14 ‘‘(5) describes specific performance objectives 

15 and evaluation methods (in addition to, and con16 sistent with, any objectives established by the Sec17 retary under subsection (b)(2)) that the State cor18 rectional education agency will use in carrying out 

19 its proposal, including— 

20 ‘‘(A) specific and quantified student out21 come measures that are compared with out22 comes for non-program participants with simi23 lar demographic characteristics; and 


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1 ‘‘(B) measures, consistent with the data 

2 elements and definitions described in subsection 

3 (d)(1)(A), of— 

4 ‘‘(i) program completion, including an 

5 explicit definition of what constitutes a 

6 program completion within the proposal; 

7 ‘‘(ii) knowledge and skill attainment, 

8 including specification of instruments that 

9 will measure knowledge and skill attain10 ment; 

11 ‘‘(iii) attainment of employment both 

12 before and after release; 

13 ‘‘(iv) success in employment indicated 

14 by job retention and advancement; and 

15 ‘‘(v) recidivism, including such sub16 indicators as time before subsequent of17 fense and severity of subsequent offense; 

18 ‘‘(6) describes how the proposed programs are 

19 to be integrated with existing State correctional edu20 cation programs (such as adult education, graduate 

21 education degree programs, and career and technical 

22 education) and State industry programs; 

23 ‘‘(7) describes how the proposed programs will 

24 utilize technology to deliver the services under this 

25 section; and 


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1 ‘‘(8) describes how students will be selected so 

2 that only youth offenders eligible under subsection 

3 (e) will be enrolled in a program receiving a grant 

4 under this section. 

5 ‘‘(d) PROGRAM REQUIREMENTS.—Each State correc6 tional education agency receiving a grant under this sec7 tion shall— 

8 ‘‘(1) annually report to the Secretary regard9 ing— 

10 ‘‘(A) the results of the evaluations con11 ducted using data elements and definitions pro12 vided by the Secretary for the use of State cor13 rectional education programs; 

14 ‘‘(B) any objectives or requirements estab15 lished by the Secretary pursuant to subsection 

16 (b)(2); and 

17 ‘‘(C) the additional performance objectives 

18 and evaluation methods contained in the pro19 posal described in subsection (c)(4), as nec20 essary to document the attainment of project 

21 performance objectives; and 

22 ‘‘(2) expend on each participating eligible stu23 dent for an academic year, not more than the max24 imum Federal Pell Grant appropriated under section 


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1 401 of the Higher Education Act of 1965 for such 

2 academic year, which shall be used for— 

3 ‘‘(A) tuition, books, and essential mate4 rials; and 

5 ‘‘(B) related services such as career devel6 opment, substance abuse counseling, parenting 

7 skills training, and health education. 

8 ‘‘(e) STUDENT ELIGIBILITY.—A youth offender shall 

9 be eligible for participation in a program receiving a grant 

10 under this section if the youth offender is eligible to be 

11 released within 5 years (including a youth offender who 

12 is eligible for parole within such time). 

13 ‘‘(f) LENGTH OF PARTICIPATION.—A State correc14 tional education agency receiving a grant under this sec15 tion shall provide educational and related services to each 

16 participating youth offender for a period not to exceed 5 

17 years, 1 year of which may be devoted to study in a grad18 uate education degree program or to remedial education 

19 services for students who have obtained a secondary school 

20 diploma or its recognized equivalent. Educational and re21 lated services shall start during the period of incarceration 

22 in prison or prerelease, and the related services may con23 tinue for not more than 1 year after release from confine24 ment. 


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1 ‘‘(g) EDUCATION DELIVERY SYSTEMS.—State cor2 rectional education agencies and cooperating institutions 

3 shall, to the extent practicable, use high-tech applications 

4 in developing programs to meet the requirements and 

5 goals of this section. 

6 ‘‘(h) ALLOCATION OF FUNDS.—From the funds au7 thorized to be appropriated under subsection (i) for each 

8 fiscal year, the Secretary shall allot to each State an 

9 amount that bears the same relationship to such funds 

10 as the total number of youth offenders eligible under sub11 section (e) in such State bears to the total number of such 

12 youth offenders in all States. 

13 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $30,000,000 for fiscal years 2012 and 2013.’’. 

16 SEC. 115. IMPROVED REENTRY PROCEDURES FOR FED17 ERAL PRISONERS. 

18 (a) GENERAL REENTRY PROCEDURES.—The Attor19 ney General shall take such steps as are necessary to mod20 ify existing procedures and policies to enhance case plan21 ning and to improve the transition of offenders from the 

22 custody of the Bureau of Prisons to the community, in23 cluding placement of such individuals in community cor24 rections facilities. 

25 (b) PROCEDURES REGARDING BENEFITS.— 


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1 (1) IN GENERAL.—The Bureau of Prisons shall 

2 establish reentry planning procedures within the Re3 lease Preparation Program that include providing 

4 Federal offenders with information relating to: 

5 (A) health and nutrition; 

6 (B) employment; 

7 (C) personal finance and consumer skills; 

8 (D) information and community resources; 

9 (E) release requirements and procedures; 

10 and 

11 (F) personal growth and development. 

12 (2) FORMAT.— 

13 (A) WRITTEN INFORMATION PROVIDED TO

14 OFFENDERS.—Any written information that the 

15 Bureau of Prisons provides to offenders for re16 entry planning purposes shall use common ter17 minology and language. 

18 (B) MEDICAL INFORMATION.— 

19 (i) IN GENERAL.—The Bureau of 

20 Prisons shall provide the United States 

21 Probation and Pretrial Services System 

22 with relevant information on the medical 

23 care needs and the mental health treat24 ment needs of offenders scheduled for re25 lease and reentry into the community. 


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1 (ii) CONSIDERATION OF INFORMA2 TION.—The United States Probation and 

3 Pretrial Services System shall take this in4 formation into account when developing 

5 supervision plans in an effort to address 

6 the medical care and mental health care 

7 needs of such offenders. 

8 (C) PROVISION OF MEDICATIONS.—The 

9 Bureau of Prisons shall provide offenders with 

10 a sufficient amount of all necessary medications 

11 upon release from custody. 

12 Subtitle C—Economic 

13 Empowerment 

14 SEC. 121. EXPANSION AND REAUTHORIZATION OF THE 

15 MENTORING INITIATIVE FOR SYSTEM IN16 VOLVED YOUTH. 

17 (a) EXPANSION.—Section 261(a) of the Juvenile Jus18 tice and Delinquency Prevention Act of 1974 (42 U.S.C. 

19 5665(a)) is amended by inserting at the end the following: 

20 ‘‘The Administrator shall expand the number of sites re21 ceiving such grants from 4 to 12.’’ 

22 (b) REAUTHORIZATION.—Section 299 of the Juvenile 

23 Justice and Delinquency Prevention Act of 1974 (42 

24 U.S.C. 5671) is amended by striking subsection (c) and 

25 inserting the following: 


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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR PART

2 E.—There are authorized to be appropriated to carry out 

3 part E $4,800,000 for each of the fiscal years 2011, 2012, 

4 2013, 2014, and 2015.’’. 

5 SEC. 122. REAUTHORIZATION OF LEARN AND SERVE AMER6 ICA. 

7 Section 501(a)(1)(A) of the National and Community 

8 Service Act of 1990 (42 U.S.C. 12681(a)(1)(A)) is amend9 ed by striking ‘‘subchapter I’’ and all that follows and in10 serting ‘‘subchapter I $100,000,000 for each of fiscal 

11 years 2011 through 2015.’’. 

12 TITLE II—GANG ACTIVITY 

13 POLICING PROGRAM 

14 SEC. 201. AUTHORITY TO MAKE GANG ACTIVITY POLICING 

15 GRANTS. 

16 The Attorney General may make grants to States, 

17 units of local government, Indian tribes, other public and 

18 private entities, and multi-jurisdictional or regional con19 sortia thereof to— 

20 (1) increase police presence; 

21 (2) expand and improve cooperative efforts be22 tween law enforcement agencies and members of the 

23 community to address gang activity problems; and 

24 (3) otherwise enhance public safety. 


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1 SEC. 202. ELIGIBLE ACTIVITIES. 

2 Grants made under this subtitle may include pro3 grams, projects, and other activities to— 

4 (1) rehire law enforcement officers who have 

5 been laid off as a result of State and local budget 

6 reductions for deployment to reduce gang activity; 

7 (2) hire and train additional career law enforce8 ment officers for deployment to reduce gang activity; 

9 (3) procure equipment, technology, or support 

10 systems, or pay overtime, to increase the number of 

11 officers deployed in gang activity policing; 

12 (4) hire officers to perform intelligence activi13 ties to reduce gang activity; 

14 (5) increase the number of law enforcement of15 ficers involved in activities that are focused on inter16 action with members of the community or on 

17 proactive gang control and prevention by redeploying 

18 officers to such activities; 

19 (6) establish and implement innovative pro20 grams to increase and enhance proactive crime con21 trol and gang prevention programs involving law en22 forcement officers and young persons in the commu23 nity; 

24 (7) establish school-based partnerships between 

25 local law enforcement agencies and local school sys26 tems by using school resource officers who operate 


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1 in and around elementary and secondary schools to 

2 combat gangs; 

3 (8) create and disseminate anti-gang campaigns 

4 through broadcast advertisements and materials to 

5 schools to highlight after school, educational, and 

6 recreational activities; 

7 (9) develop new technologies, including inter8 operable communications technologies, modernized 

9 criminal record technology, and forensic technology, 

10 to assist State and local law enforcement agencies in 

11 reducing gang activity and to train law enforcement 

12 officers to use such technologies; and 

13 (10) support the purchase by law enforcement 

14 agencies of not more than 1 service weapon per offi15 cer, upon hiring for deployment in gang activity po16 licing or, if necessary, upon the initial redeployment 

17 of an officer to gang activity policing. 

18 SEC. 203. PREFERENTIAL CONSIDERATION OF APPLICA19 TIONS FOR CERTAIN GRANTS. 

20 In awarding grants under this subtitle, the Attorney 

21 General may give preferential consideration to appli22 cants— 

23 (1) for the hiring and rehiring of additional ca24 reer law enforcement officers that involve a non-FedVerDate Mar 15 2010 22:41 May 03, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S867.IS S867

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1 eral contribution exceeding the 25 percent minimum 

2 under this subtitle; 

3 (2) that are located in a high-intensity inter4 state gang activity area designated under section 

5 204; and 

6 (3) that coordinate with after-school programs, 

7 nonprofit organizations, schools, and community or8 ganizations to create municipal-wide alliances to 

9 suppress gang activity. 

10 SEC. 204. DESIGNATION OF HIGH-INTENSITY INTERSTATE 

11 GANG ACTIVITY AREAS. 

12 (a) IN GENERAL.—The Attorney General may, after 

13 consultation with the Governor of each affected State, des14 ignate a specific area that is located in not less than 1 

15 State as a high-intensity interstate gang activity area. 

16 (b) FACTORS FOR CONSIDERATION.—In making a 

17 designation under subsection (a), the Attorney General 

18 shall consider the extent to which— 

19 (1) the area is a significant center of gang ac20 tivity; 

21 (2) State, local, and tribal law enforcement 

22 agencies have committed resources to respond to the 

23 gang crime problem in the area, thereby indicating 

24 a determination to respond aggressively to the prob25 lem; 


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1 (3) gang activities in the area are having a sig2 nificant harmful impact in the area, and in other 

3 areas of the country; 

4 (4) a significant increase in allocation of Fed5 eral resources is necessary to respond adequately to 

6 gang-related activities in the area; and 

7 (5) any other criteria as the Director deter8 mines to be appropriate. 

9 (c) MERGING OF AREAS.—To the extent that the 

10 goals of a high-intensity interstate gang activity area over11 lap with the goals of a high-intensity drug trafficking area 

12 designated under section 707 of the Office of the National 

13 Drug Control Policy Reauthorization Act of 1988 (21 

14 U.S.C. 1706), the Attorney General may merge the 2 

15 areas to serve both functions. 

16 (d) LOCAL COMMENT.—The Attorney General may 

17 not make a final designation under subsection (a) without 

18 consulting with and receiving comment from local elected 

19 officials representing communities within the affected 

20 States. 

21 SEC. 205. USE OF COMPONENTS. 

22 The Attorney General may use any component of the 

23 Department of Justice in carrying out this subtitle. 


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1 SEC. 206. MINIMUM AMOUNT. 

2 (a) DEFINITION.—In this section, the term ‘‘quali3 fying State’’ means any State that has submitted an appli4 cation for a grant, or in which a unit of local government, 

5 Indian tribe, other public or private entity, or multijuris6 dictional or regional consortia thereof has submitted an 

7 application for a grant, that meets the requirements estab8 lished by the Attorney General under this subtitle. 

9 (b) MINIMUM AMOUNT.—Unless all applications sub10 mitted by any qualifying State and grantee within that 

11 State under this subtitle have been funded, each qualifying 

12 State, together with grantees within that State, shall re13 ceive in each fiscal year under this subtitle an amount 

14 equal to not less than 0.5 percent of the total amount ap15 propriated in that fiscal year for grants under this sub16 title. 

17 SEC. 207. MATCHING FUNDS. 

18 (a) IN GENERAL.—The Federal share of the costs of 

19 a program, project, or activity carried out with a grant 

20 under this subtitle shall be not more than 75 percent, un21 less the Attorney General waives, wholly or in part, the 

22 requirement under this section of a non-Federal contribu23 tion to the costs of a program, project, or activity. 

24 (b) HIRING.—For a grant for a period exceeding 1 

25 year for hiring or rehiring career law enforcement officers, 

26 the Federal share shall decrease each year for up to 5 


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1 years, by an amount determined by the Attorney General, 

2 with a goal of the continuation of the increased hiring level 

3 using State or local sources of funding following the con4 clusion of Federal support. 

5 SEC. 208. PROVIDING ADDITIONAL FORENSIC EXAMINERS. 

6 Section 816 of the USA PATRIOT Act (28 U.S.C. 

7 509 note) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (4), by striking ‘‘and’’ at 

10 the end; 

11 (B) by redesignating paragraph (5) as 

12 paragraph (6); and 

13 (C) by inserting after paragraph (4) the 

14 following: 

15 ‘‘(5) to hire additional forensic examiners to 

16 help with forensic work and to fight gang activity; 

17 and’’; and 

18 (2) in subsection (b), by amending paragraph 

19 (1) to read as follows: 

20 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated $55,000,000 

22 for each fiscal year to carry out this section.’’. 

23 SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

24 There are authorized to be appropriated to carry out 

25 this subtitle $700,000,000 for each of the fiscal years 


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1 2011 through 2015. Any amount appropriated under this 

2 section shall remain available until expended. 

3 SEC. 210. PERFORMANCE EVALUATION. 

4 (a) MONITORING COMPONENTS.— 

5 (1) IN GENERAL.—Each program, project, or 

6 activity funded under this title shall contain a moni7 toring component, developed in accordance with 

8 guidelines established by the Attorney General. 

9 (2) REQUIREMENT.—A monitoring component 

10 required under paragraph (1) shall include— 

11 (A) systematic identification and collection 

12 of data about activities, accomplishments, and 

13 programs throughout the life of the program, 

14 project, or activity; and 

15 (B) presentation of the data described in 

16 subparagraph (A) in a usable form. 

17 (b) EVALUATION COMPONENTS.— 

18 (1) IN GENERAL.—Selected grant recipients 

19 shall be evaluated on the local level or as part of a 

20 national evaluation, in accordance with guidelines es21 tablished by the Attorney General. 

22 (2) ASSESSMENT OF INDIVIDUAL PROGRAMS.— 

23 An evaluation conducted under paragraph (1) may 

24 include assessments of individual program imple25 mentations. 


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1 (3) EFFECTIVENESS.— 

2 (A) IN GENERAL.—In selected jurisdictions 

3 that are able to support outcome evaluations, 

4 the effectiveness of funded programs, projects, 

5 and activities may be required. 

6 (B) MEASURES.—Outcome evaluations 

7 conducted under subparagraph (A) may in8 clude— 

9 (i) crime and victimization indicators; 

10 (ii) quality of life measures; 

11 (iii) community perceptions; and 

12 (iv) police perceptions of their own 

13 work. 

14 (c) PERIODIC REVIEWS AND REPORTS.—The Attor15 ney General may require a grant recipient to submit to 

16 the Attorney General the results of the monitoring and 

17 evaluations required under subsections (a) and (b) and 

18 such other data and information as the Attorney General 

19 determines to be reasonably necessary. 

20 (d) REPORT TO CONGRESS.— 

21 (1) IN GENERAL.—Beginning not later than 

22 October 1, 2011, the Attorney General shall submit 

23 to Congress annual reports describing the extent to 

24 which the approaches under section 202 have been 

25 successful in reducing the rate of gang activity in 


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1 the communities in which the approaches have been 

2 carried out. 

3 (2) CONTENTS.—A report submitted under 

4 paragraph (1) shall describe the extent and effective5 ness to which the various approaches have— 

6 (A) reduced recorded crime and disorder 

7 incidents related to criminal street gangs; 

8 (B) reduced public fear and perceptions 

9 about criminal street gangs; 

10 (C) reduced calls for police service related 

11 to criminal street gangs; 

12 (D) reduced criminal street gang homi13 cides; 

14 (E) reduced criminal street gang drug 

15 crimes; and 

16 (F) improved perceptions of safety among 

17 neighborhood youth, other community members, 

18 and local merchants. 

19 TITLE III—PUNISHMENT AND 

20 IMPROVED CRIME DATA 

21 Subtitle A—Gang Crimes 

22 SEC. 301. CRIMINAL STREET GANGS. 

23 (a) CRIMINAL STREET GANG PROSECUTIONS.—Sec24 tion 521 of title 18, United States Code, is amended to 

25 read as follows: 


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1 ‘‘§ 521. Criminal street gang prosecutions 

2 ‘‘(a) DEFINITIONS.—As used in this chapter: 

3 ‘‘(1) CRIMINAL STREET GANG.—The term 

4 ‘criminal street gang’ means a formal or informal 

5 continually operating group, club, organization, or 

6 association of 5 or more individuals— 

7 ‘‘(A) who individually, jointly, or in com8 bination, have knowingly committed or at9 tempted to commit for the direct or indirect 

10 benefit of, at the direction of, in furtherance of, 

11 or in association with the group, club organiza12 tion, or association at least 2 separate acts, 

13 each of which is a predicate gang crime— 

14 ‘‘(i) 1 of which occurs after the date 

15 of enactment of the Fighting Gangs and 

16 Empowering Youth Act of 2010; 

17 ‘‘(ii) the last of which occurs not later 

18 than 5 years after the commission of a 

19 prior predicate gang crime (excluding any 

20 period of imprisonment); and 

21 ‘‘(iii) 1 of which is a crime of violence 

22 or involves manufacturing, importing, dis23 tributing, possessing with intent to dis24 tribute, or otherwise dealing in a controlled 

25 substance or listed chemical (as those 

26 terms are defined in section 102 of the 


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1 Controlled Substances Act (21 U.S.C. 

2 802)); 

3 ‘‘(B) whose purpose or purposes is the 

4 commission of at least 2 separate criminal acts, 

5 each of which is a predicate gang crime; and 

6 ‘‘(C) whose activities affect interstate or 

7 foreign commerce, or involve the use of any fa8 cility of, or travel in, interstate or foreign com9 merce. 

10 ‘‘(2) PREDICATE GANG CRIME.—The term 

11 ‘predicate gang crime’ means— 

12 ‘‘(A) any act, threat, conspiracy, or at13 tempted act, which is chargeable under Federal 

14 or State law and punishable by imprisonment 

15 for more than 1 year involving— 

16 ‘‘(i) murder; 

17 ‘‘(ii) manslaughter; 

18 ‘‘(iii) maiming; 

19 ‘‘(iv) assault with a dangerous weap20 on; 

21 ‘‘(v) assault resulting in serious bodily 

22 injury; 

23 ‘‘(vi) kidnapping; 

24 ‘‘(vii) robbery; 

25 ‘‘(viii) extortion; 


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1 ‘‘(ix) arson; 

2 ‘‘(x) tampering with or retaliating 

3 against a witness, victim, or informant; 

4 ‘‘(xi) burglary; 

5 ‘‘(xii) sexual assault; 

6 ‘‘(xiii) carjacking; or 

7 ‘‘(xiv) manufacturing, importing, dis8 tributing, possessing with intent to dis9 tribute, or otherwise dealing in a controlled 

10 substance or listed chemicals (as those 

11 terms are defined in section 102 of the 

12 Controlled Substances Act (21 U.S.C. 

13 802)); 

14 ‘‘(B) any act punishable by imprisonment 

15 for more than 1 year under— 

16 ‘‘(i) section 844 (relating to explosive 

17 materials); 

18 ‘‘(ii) section 922(g)(1) (where the un19 derlying conviction is a violent felony (as 

20 defined in section 924(e)(2)(B) of this 

21 title) or is a serious drug offense (as de22 fined in section 924(e)(2)(A) of this title)); 

23 ‘‘(iii) subsection (a)(2), (b), (c), (g), 

24 or (h) of section 924 (relating to receipt, 

25 possession, and transfer of firearms); 


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1 ‘‘(iv) section 930 (relating to posses2 sion of firearms and dangerous weapons in 

3 Federal facilities); 

4 ‘‘(v) section 931 (relating to purchase, 

5 ownership, or possession of body armor by 

6 violent felons); 

7 ‘‘(vi) sections 1028 and 1029 (relating 

8 to fraud and related activity in connection 

9 with identification documents or access de10 vices); 

11 ‘‘(vii) section 1512 (relating to tam12 pering with a witness, victim, or inform13 ant) or section 1513 (relating to retaliating 

14 against a witness, victim, or informant); 

15 ‘‘(viii) section 1951 (relating to inter16 ference with commerce, robbery or extor17 tion); 

18 ‘‘(ix) section 1952 (relating to racket19 eering); 

20 ‘‘(x) section 1956 (relating to the 

21 laundering of monetary instruments); 

22 ‘‘(xi) section 1957 (relating to engag23 ing in monetary transactions in property 

24 derived from specified unlawful activity); 


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1 ‘‘(xii) section 1958 (relating to use of 

2 interstate commerce facilities in the com3 mission of murder-for-hire); or 

4 ‘‘(xiii) sections 2312 through 2315 

5 (relating to interstate transportation of 

6 stolen motor vehicles or stolen property); 

7 or 

8 ‘‘(C) any crime involving aggravated sexual 

9 abuse, sexual assault, pimping or pandering in10 volving prostitution, sexual exploitation of chil11 dren (including sections 2251, 2251A, 2252 

12 and 2260), peonage, slavery, or trafficking in 

13 persons (including sections 1581 through 1592) 

14 and sections 2421 through 2427 (relating to 

15 transport for illegal sexual activity). 

16 ‘‘(3) SEXUAL ASSAULT.—The term ‘sexual as17 sault’ means any offense that involves conduct that 

18 would violate chapter 109A if the conduct occurred 

19 in the special maritime and territorial jurisdiction of 

20 the United States. 

21 ‘‘(4) STATE.—The term ‘State’ means each of 

22 the several States of the United States, the District 

23 of Columbia, and any commonwealth, territory, or 

24 possession of the United States. 


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1 ‘‘(5) PATTERN OF CRIMINAL GANG ACTIVITY.— 

2 The term ‘pattern of criminal gang activity’ means 

3 2 or more predicate gang crimes that are related to 

4 each other or to related to the membership of the 

5 perpetrator in a group, club or association. 

6 ‘‘(b) PARTICIPATION IN CRIMINAL STREET GANGS.— 

7 It shall be unlawful— 

8 ‘‘(1) to engage, or conspire, or attempt to en9 gage in a pattern of criminal gang activity— 

10 ‘‘(A) in furtherance or in aid of the illegal 

11 activities of a criminal street gang; 

12 ‘‘(B) for the purpose of gaining entrance 

13 to or maintaining or increasing position in such 

14 a gang; or 

15 ‘‘(C) for the direct or indirect benefit of 

16 the criminal street gang, or in association with 

17 the criminal street gang; or 

18 ‘‘(2) to employ, use, command, counsel, per19 suade, induce, entice, or coerce any individual to 

20 commit, cause to commit, or facilitate the commis21 sion of, a predicate gang crime— 

22 ‘‘(A) in furtherance or in aid of the activi23 ties of a criminal street gang; 


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1 ‘‘(B) for the purpose of gaining entrance 

2 to or maintaining or increasing position in such 

3 a gang; or 

4 ‘‘(C) for the direct or indirect benefit of 

5 the criminal street gang, or in association with 

6 the criminal street gang. 

7 ‘‘(c) PENALTIES.—Whoever violates subsection (b)— 

8 ‘‘(1) shall be fined under this title, imprisoned 

9 for not more than 30 years, or both; and 

10 ‘‘(2) if the violation is based on a predicate 

11 gang crime for which the maximum penalty includes 

12 life imprisonment, shall be fined under this title, im13 prisoned for any term of years or for life, or both. 

14 ‘‘(d) CIVIL PROCEDURES.—Property subject to for15 feiture under paragraph (1) may be forfeited in a civil case 

16 under the procedures set forth in chapter 46 of this title.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 at the beginning of chapter 26 of title 18, United States 

19 Code, is amended by striking the item relating to section 

20 521 and inserting the following: 

‘‘521. Criminal street gang prosecutions.’’. 

21 SEC. 302. SOLICITATION OR RECRUITMENT OF PERSONS 

22 AND VIOLENT CRIMES IN FURTHERANCE OR 

23 IN AID OF CRIMINAL STREET GANGS. 

24 (a) SOLICITATION OR RECRUITMENT OF PERSONS IN

25 CRIMINAL STREET GANG ACTIVITY.—Chapter 26 of title 


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1 18, United States Code, is amended by adding at the end 

2 the following: 

3 ‘‘§ 522. Recruitment of persons to participate in a 

4 criminal street gang 

5 ‘‘(a) PROHIBITED ACTS.—It shall be unlawful for any 

6 person to knowingly recruit, employ, solicit, induce, com7 mand, or cause another person to be or remain as a mem8 ber of a criminal street gang, or conspire to do so, with 

9 the intent to cause that person to participate in a predi10 cate gang crime, if the defendant travels in interstate or 

11 foreign commerce in the course of the offense, or if the 

12 activities of that criminal street gang are in or affect inter13 state or foreign commerce. 

14 ‘‘(b) DEFINITION OF MINOR.—In this section, the 

15 term ‘minor’ means a person who is less than 18 years 

16 of age. 

17 ‘‘(c) PENALTIES.—Any person who violates sub18 section (a) shall— 

19 ‘‘(1) be imprisoned not more than 10 years, 

20 fined under this title, or both; 

21 ‘‘(2) if the person recruited, solicited, induced, 

22 commanded, or caused to participate or remain in a 

23 criminal street gang is under the age of 18 years— 

24 ‘‘(A) be imprisoned for not more than 20 

25 years, fined under this title, or both; and 


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1 ‘‘(B) at the discretion of the sentencing 

2 judge, be liable for any costs incurred by the 

3 Federal Government, or by any State or local 

4 government, for housing, maintaining, and 

5 treating the person until the person attains the 

6 age of 18 years; or 

7 ‘‘(3) be subjected to an enhanced term of im8 prisonment if the person who recruited, solicited, in9 duced, commanded, or caused another person to par10 ticipate in a criminal street gang is currently incar11 cerated when the activity occurs. 

12 ‘‘§ 523. Violent crimes in furtherance or in aid of a 

13 criminal street gang 

14 ‘‘Any person who, for the purpose of gaining entrance 

15 to or maintaining or increasing position in, or in further16 ance or in aid of, or for the direct or indirect benefit of, 

17 or in purposeful association with a criminal street gang, 

18 or as consideration for the receipt of, or as consideration 

19 for a promise or agreement to pay, anything of pecuniary 

20 value to or from a criminal street gang, murders, kidnaps, 

21 sexually assaults, maims, assaults with a dangerous weap22 on, commits assault resulting in serious bodily injury 

23 upon, commits any other predicate gang crime or threat24 ens to commit a crime of violence against any individual, 

25 or attempts or conspires to do so, shall be punished, in 


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1 addition and consecutive to the punishment provided for 

2 any other violation of this chapter— 

3 ‘‘(1) for murder, by imprisonment for any term 

4 of years or for life, a fine under this title, or both; 

5 ‘‘(2) for kidnapping or sexual assault, by im6 prisonment for any term of years or for life, a fine 

7 under this title, or both; 

8 ‘‘(3) for maiming, by imprisonment for any 

9 term of years or for life, a fine under this title, or 

10 both; 

11 ‘‘(4) for assault with a dangerous weapon or as12 sault resulting in serious bodily injury, by imprison13 ment for not more than 30 years, a fine under this 

14 title, or both; 

15 ‘‘(5) for any other predicate gang crime, by im16 prisonment for not more than 20 years, a fine under 

17 this title, or both; 

18 ‘‘(6) for threatening to commit a crime of vio19 lence specified in paragraphs (1) through (4), by im20 prisonment for not more than 10 years, a fine under 

21 this title, or both; 

22 ‘‘(7) for attempting or conspiring to commit 

23 murder, kidnapping, maiming, or sexual assault, by 

24 imprisonment for not more than 30 years, a fine 

25 under this title, or both; and 


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1 ‘‘(8) for attempting or conspiring to commit a 

2 crime involving assault with a dangerous weapon or 

3 assault resulting in serious bodily injury, by impris4 onment for not more than 20 years, a fine under 

5 this title, or both.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of chapter 26 of title 18, United States 

8 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.’’. 

9 SEC. 303. INTERSTATE AND FOREIGN TRAVEL OR TRANS10 PORTATION IN AID OF RACKETEERING EN11 TERPRISES AND CRIMINAL STREET GANGS. 

12 Section 1952 of title 18, United States Code, is 

13 amended— 

14 (1) in subsection (a)— 

15 (A) by striking ‘‘and thereafter performs 

16 or attempts to perform’’ and inserting ‘‘and 

17 thereafter performs, or attempts or conspires to 

18 perform’’; and 

19 (B) by striking ‘‘5 years’’ and inserting 

20 ‘‘10 years’’; 

21 (2) by redesignating subsections (b) and (c) as 

22 subsections (c) and (d), respectively; 

23 (3) by inserting after subsection (a) the fol24 lowing: 


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1 ‘‘(b) Whoever travels in interstate or foreign com2 merce or uses the mail or any facility in interstate or for3 eign commerce, with the intent to kill, assault, bribe, force, 

4 intimidate, or threaten any person, to delay or influence 

5 the testimony of, or prevent from testifying, a witness in 

6 a State criminal proceeding and thereafter performs, or 

7 attempts or conspires to perform, an act described in this 

8 subsection, shall— 

9 ‘‘(1) be fined under this title, imprisoned for 

10 any term of years, or both; and 

11 ‘‘(2) if death results, imprisoned for any term 

12 of years or for life.’’; and 

13 (4) in subsection (c)(2), as redesignated under 

14 subparagraph (B), by inserting ‘‘intimidation of, or 

15 retaliation against, a witness, victim, juror, or in16 formant,’’ after ‘‘extortion, bribery,’’. 

17 SEC. 304. AMENDMENTS RELATING TO VIOLENT CRIME IN 

18 AREAS OF EXCLUSIVE FEDERAL JURISDIC19 TION. 

20 (a) ASSAULT WITHIN MARITIME AND TERRITORIAL

21 JURISDICTION OF UNITED STATES.—Section 113(a)(3) of 

22 title 18, United States Code, is amended by striking ‘‘with 

23 intent to do bodily harm, and without just cause or ex24 cuse,’’. 


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1 (b) MANSLAUGHTER.—Section 1112(b) of title 18, 

2 United States Code, is amended by— 

3 (1) striking ‘‘15 years’’ and inserting ‘‘20 

4 years’’; and 

5 (2) striking ‘‘8 years’’ and inserting ‘‘10 

6 years’’. 

7 (c) OFFENSES COMMITTED WITHIN INDIAN COUN8 TRY.—Section 1153(a) of title 18, United States Code, is 

9 amended by inserting ‘‘an offense for which the maximum 

10 statutory term of imprisonment under section 1363 is 

11 greater than 5 years,’’ after ‘‘a felony under chapter 

12 109A,’’. 

13 (d) CARJACKING.—Section 2119 of title 18, United 

14 States Code, is amended by striking ‘‘, with the intent to 

15 cause death or serious bodily harm’’. 

16 (e) CLARIFICATION OF PROHIBITION ON FIREARM

17 TRANSFER TO COMMIT CRIME OF VIOLENCE OR DRUG

18 TRAFFICKING CRIME.—Section 924(h) of title 18, United 

19 States Code, is amended— 

20 (1) by inserting ‘‘, or will be possessed in fur21 therance of,’’ after ‘‘commit’’; and 

22 (2) by striking ‘‘10 years’’ and inserting ‘‘20 

23 years’’. 


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1 (f) AMENDMENT OF SPECIAL SENTENCING PROVI2 SION.—Section 3582(d) of title 18, United States Code, 

3 is amended— 

4 (1) by striking ‘‘chapter 95 (racketeering) or 96 

5 (racketeer influenced and corrupt organizations) of 

6 this title’’ and inserting ‘‘section 521 (criminal 

7 street gangs) or 523 (violent crimes in furtherance 

8 or in aid of criminal street gangs), in chapter 95 

9 (racketeering) or 96 (racketeer influenced and cor10 rupt organizations),’’; and 

11 (2) by inserting ‘‘a criminal street gang or’’ be12 fore ‘‘an illegal enterprise’’. 

13 (g) CONFORMING AMENDMENT RELATING TO OR14 DERS FOR RESTITUTION.—Section 3663(c)(4) of title 18, 

15 United States Code, is amended by striking ‘‘chapter 46 

16 or chapter 96 of this title’’ and inserting ‘‘section 521, 

17 chapter 46, or chapter 96 of this title’’. 

18 (h) SPECIAL PROVISION FOR INDIAN COUNTRY.—No 

19 person subject to the criminal jurisdiction of an Indian 

20 tribal government shall be subject to section 3559(e) of 

21 title 18, United States Code, for any offense for which 

22 Federal jurisdiction is solely predicated on the fact that 

23 the offense was committed in Indian country (as defined 

24 in section 1151 of such title 18) and which occurs within 

25 the boundaries of such Indian country, unless the govVerDate Mar 15 2010 22:41 May 03, 2011 Jkt 099200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S867.IS S867

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1 erning body of such Indian tribe elects to subject the per2 sons under the criminal jurisdiction of the tribe to section 

3 3559(e) of such title 18. 

4 SEC. 305. INCREASED PENALTIES FOR USE OF INTERSTATE 

5 COMMERCE FACILITIES IN THE COMMISSION 

6 OF MURDER-FOR-HIRE AND OTHER FELONY 

7 CRIMES OF VIOLENCE. 

8 (a) IN GENERAL.—Section 1958 of title 18, United 

9 States Code, is amended— 

10 (1) by striking the heading and inserting the 

11 following: 

12 ‘‘1958. USE OF INTERSTATE COMMERCE FACILITIES IN THE 

13 COMMISSION OF MURDER-FOR-HIRE AND 

14 OTHER FELONY CRIMES OF VIOLENCE.’’; 

15 (2) in subsection (a), by striking ‘‘Whoever’’ 

16 and all that follows through ‘‘conspires to do so’’ 

17 and inserting the following: ‘‘Any person who travels 

18 in or causes another (including the intended victim) 

19 to travel in interstate or foreign commerce, or uses 

20 or causes another (including the intended victim) to 

21 use the mail or any facility in interstate or foreign 

22 commerce, with intent that a murder or other felony 

23 crime of violence be committed in violation of the 

24 laws of any State or the United States as consider25 ation for the receipt of, or as consideration for a 


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1 promise or agreement to pay, anything of pecuniary 

2 value, or who conspires to do so’’; 

3 (3) striking ‘‘ten years’’ and inserting ‘‘20 

4 years’’; and 

5 (4) by striking ‘‘twenty years’’ and inserting 

6 ‘‘30 years’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

8 The table of sections at the beginning of chapter 95 of 

9 title 18, United States Code, is amended by striking the 

10 item relating to section 1958 and inserting the following: 

‘‘Sec. 1958. Use of interstate commerce facilities in the commission of murderfor-hire and other felony crimes of violence.’’. 

11 SEC. 306. AMENDMENT OF SENTENCING GUIDELINES RE12 LATING TO CERTAIN GANG AND VIOLENT 

13 CRIMES. 

14 (a) DIRECTIVE TO THE UNITED STATES SEN15 TENCING COMMISSION.—Pursuant to its authority under 

16 section 994(p) of title 28, United States Code, and in ac17 cordance with this section, the United States Sentencing 

18 Commission shall review and, if appropriate, amend its 

19 guidelines and its policy statements to conform to the 

20 amendments made by this title. 

21 (b) REQUIREMENTS.—In carrying out this section, 

22 the Sentencing Commission shall— 


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1 (1) establish new guidelines and policy state2 ments, as warranted, in order to implement new or 

3 revised criminal offenses created under this title; 

4 (2) ensure that the sentencing guidelines and 

5 policy statements reflect the serious nature of the of6 fenses and the penalties set forth in this title, the 

7 growing incidence of serious gang and violent 

8 crimes, and the need to modify the sentencing guide9 lines and policy statements to deter, prevent, and 

10 punish such offenses; 

11 (3) consider the extent to which the guidelines 

12 and policy statements adequately address— 

13 (A) whether the guideline offense levels 

14 and enhancements for gang and violent 

15 crimes— 

16 (i) are sufficient to deter and punish 

17 such offenses; and 

18 (ii) are adequate in view of the statu19 tory increases in penalties contained in the 

20 amendments made by this title; and 

21 (B) whether any existing or new specific 

22 offense characteristics should be added to re23 flect congressional intent to increase gang and 

24 violent crime penalties, punish offenders, and 

25 deter gang and violent crime; 


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1 (4) assure reasonable consistency with other 

2 relevant directives and with other sentencing guide3 lines; 

4 (5) account for any additional aggravating or 

5 mitigating circumstances that might justify excep6 tions to the generally applicable sentencing ranges; 

7 (6) make any necessary conforming changes to 

8 the sentencing guidelines; and 

9 (7) assure that the guidelines adequately meet 

10 the purposes of sentencing under section 3553(a)(2) 

11 of title 18, United States Code. 

12 SEC. 307. STUDY ON EXPANDING FEDERAL AUTHORITY FOR 

13 JUVENILE OFFENDERS. 

14 (a) IN GENERAL.—Not later than 9 months after the 

15 date of enactment of this Act, the Comptroller General 

16 of the United States shall submit to the Committee on 

17 the Judiciary of the Senate and the Committee on the Ju18 diciary of the House of Representatives a report on the 

19 costs and benefits associated with expanding Federal au20 thority to prosecute offenders under the age of 18 years 

21 who are gang members who commit criminal offenses. 

22 (b) CONTENTS.—The report submitted under sub23 section (a) shall— 

24 (1) examine the ability of the judicial systems 

25 of the States to respond effectively to juveniles who 


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1 are members of criminal street gangs, as that term 

2 is defined in section 521 of title 18, United States 

3 Code, as amended by this Act; 

4 (2) examine the extent to which offenders who 

5 are 16 and 17 years old are members of criminal 

6 street gangs, and are accused of committing violent 

7 crimes and prosecuted in the adult criminal justice 

8 systems of the individual States; 

9 (3) determine the percentage of crimes com10 mitted by members of criminal street gangs that are 

11 committed by offenders who are 16 and 17 years 

12 old; 

13 (4) examine the extent to which United States 

14 attorneys bring criminal indictments and prosecute 

15 offenders under the age of 18 years, and the extent 

16 to which United States Attorneys’ offices include 

17 prosecutors with experience prosecuting juveniles for 

18 adult criminal violations; 

19 (5) examine the extent to which the Bureau of 

20 Prisons houses offenders under the age of 18 years, 

21 and has the ability and experience to meet the needs 

22 of young offenders; 

23 (6) estimate the cost to the Federal Govern24 ment of prosecuting and incarcerating members of 


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1 criminal street gangs who are 16 or 17 years old 

2 and are accused of violent crimes; and 

3 (7) detail any benefits for Federal prosecutions 

4 that would be realized by expanding Federal author5 ity to bring charges against members of criminal 

6 street gangs who are 16 or 17 years old and are ac7 cused of violent crimes. 

8 SEC. 308. STUDY ON EXAMINING THE ROLE OF GANGS IN 

9 PRISONS. 

10 (a) IN GENERAL.—Not later than 1 year after the 

11 date of enactment of this Act, the Bureau of Prisons shall 

12 submit to the Committee on the Judiciary of the Senate 

13 and the Committee on the Judiciary of the House of Rep14 resentatives a report on the prevalence of gangs in prisons. 

15 (b) CONTENTS.—The report submitted under sub16 section (a) shall— 

17 (1) investigate the growth of gangs in our pris18 on system; 

19 (2) examine the extent to which non-gang mem20 ber offenders join gangs after arrival in prison; 

21 (3) examine the extent to which current offend22 ers and members of criminal street gangs recruit, 

23 employ, solicit, induce, command, or cause another 

24 person to be a member of a criminal street gang 

25 after arrival in prison; 


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1 (4) determine the impact of incarcerating mem2 bers of similar criminal street gangs in the same 

3 prison; 

4 (5) estimate the cost to the Federal Govern5 ment of incarcerating members of similar criminal 

6 street gangs in different prisons; and 

7 (6) provide any suggestions on how to suppress 

8 the growth of criminal street gangs in our prison 

9 system. 

10 Subtitle B—Firearms Offenses 

11 SEC. 311. INCREASED PENALTIES FOR USE OF FIREARM IN 

12 CRIME OF VIOLENCE OR DRUG TRAFFICKING 

13 CRIME. 

14 (a) IN GENERAL.—Section 924(c)(1)(A) of title 18, 

15 United States Code, is amended— 

16 (1) by striking ‘‘shall’’ and inserting ‘‘or con17 spires to use, carry, or possess a firearm during and 

18 in relation to any such crime shall, for each instance 

19 in which the firearm is so used, carried, or pos20 sessed’’; 

21 (2) in clause (i)— 

22 (A) by striking ‘‘5 years’’ and inserting ‘‘7 

23 years’’; and 

24 (B) by adding ‘‘or’’ at the end; 

25 (3) by striking clause (ii); and 


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

2 (b) CONFORMING AMENDMENTS.—Section 924 of 

3 title 18, United States Code, is amended— 

4 (1) in subsection (c)— 

5 (A) by striking paragraph (4); and 

6 (B) by redesignating paragraph (5) as 

7 paragraph (4); and 

8 (2) by striking subsection (o). 

9 Subtitle C—Crime Data 

10 SEC. 321. STANDARDIZATION OF CRIME REPORTING AND 

11 INVESTIGATION. 

12 (a) EXPANDING UNIFORM CRIME REPORTING.—Sec13 tion 7332(c) of the Uniform Federal Crime Reporting Act 

14 of 1988 (28 U.S.C. 534 note) is amended by adding at 

15 the end the following: 

16 ‘‘(4) JUVENILE CRIME.—The Attorney General 

17 shall create a separate category in the Uniform 

18 Crime Reports to distinguish criminal offenses com19 mitted by juveniles. 

20 ‘‘(5) REPORTING BY STATES AND LOCAL GOV21 ERNMENTS.— 

22 ‘‘(A) IN GENERAL.—For each fiscal year 

23 beginning after the date of enactment of the 

24 Fighting Gangs and Empowering Youth Act of 

25 2010, all departments and agencies within a 


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1 State or unit of local government which rou2 tinely investigate complaints of criminal activ3 ity, shall meet the requirements of paragraph 

4 (2). 

5 ‘‘(B) INELIGIBILITY FOR FUNDS.—For any 

6 fiscal year beginning after the date of enact7 ment of the Fighting Gangs and Empowering 

8 Youth Act of 2010, a State or unit of local gov9 ernment that fails to comply with subparagraph 

10 (A) shall not be eligible to receive any of the 

11 funds that would otherwise be allocated for that 

12 fiscal year to the State or unit of local govern13 ment under subtitle A of title II of such Act. 

14 ‘‘(C) REALLOCATION.—Amounts not allo15 cated to a State or unit of local government 

16 under the subtitle referred to in subparagraph 

17 (B) for failure to fully comply with subpara18 graph (A) shall be reallocated under that sub19 title to States and units of local government 

20 that have not failed to comply with such sub21 paragraph. 

22 ‘‘(D) WAIVER.—The Attorney General 

23 shall waive the requirements of subparagraph 

24 (A) if compliance with such subparagraph by a 

25 State or unit of local government would be unVerDate Mar 15 2010 22:41 May 03, 2011 Jkt 099200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S867.IS S867

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1 constitutional under the constitution of the ap2 plicable State.’’. 

3 (b) NATIONAL STRATEGY FOR INVESTIGATION CO4 ORDINATION.—Section 7332 of the Uniform Federal 

5 Crime Reporting Act of 1988 (28 U.S.C. 534 note) is 

6 amended by adding at the end the following: 

7 ‘‘(h) NATIONAL STRATEGY FOR INVESTIGATION CO8 ORDINATION.— 

9 ‘‘(1) COORDINATION.—The Attorney General 

10 shall develop a national strategy to coordinate, con11 solidate, and standardize all investigations by Fed12 eral law enforcement agencies of crimes that are in13 cluded in the Uniform Crime Reports. 

14 ‘‘(2) REPORT.—Not later than January 1, 

15 2011, the Attorney General shall submit a report to 

16 the President and Congress— 

17 ‘‘(A) outlining the strategy developed 

18 under paragraph (1); and 

19 ‘‘(B) describing the efforts and strategy of 

20 the Department of Justice in consolidating and 

21 standardizing data on all crimes that are in22 cluded in the Uniform Crime Reports.’’. 


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1 SEC. 322. CONSOLIDATING AND STANDARDIZING GANG-RE2 LATED CRIME DATA. 

3 Section 150008 of the Violent Crime Control and law 

4 Enforcement Act of 1994 (42 U.S.C. 14062) is amend5 ed— 

6 (1) in subsection (a), by inserting ‘‘, consoli7 date, and standardize all’’ after ‘‘strategy to coordi8 nate’’; 

9 (2) in subsection (b), by striking ‘‘acquire and 

10 collect’’ and inserting ‘‘acquire, collect, consolidate, 

11 and standardize all’’; 

12 (3) by amending subsection (c) to read as fol13 lows: 

14 ‘‘(c) REPORT.—Not later than January 1, 2011, the 

15 Attorney General shall submit a report to the President 

16 and Congress— 

17 ‘‘(1) outlining the strategy developed under sub18 section (a); and 

19 ‘‘(2) describing the efforts and strategy of the 

20 Department of Justice in consolidating and stand21 ardizing data on national gang offenses.’’; and 

22 (4) in subsection (d), by striking ‘‘$1,000,000 

23 for fiscal year 1996’’ and inserting ‘‘$2,000,000 for 

24 fiscal year 2011’’. 

Æ 


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