(10) because State and local prosecutors and 
law enforcement have the expertise, experience, and 
connection to the community that is needed to com-
bat gang violence, consultation and coordination be-
tween Federal, State, and local law enforcement is 
critical to the successful prosecutions of criminal 
street gangs. 
Subtitle A—Criminal Law Reforms 
and 
Enhanced 
Penalties 
to 
Deter and Punish Illegal Street 
Gang Activity 
SEC. 101. SOLICITATION OR RECRUITMENT OF PERSONS IN 
CRIMINAL STREET GANG ACTIVITY. 
Chapter 26 of title 18, United States Code, is amend-
ed by adding at the end the following: 
‘‘§ 522. Recruitment of persons to participate in a 
criminal street gang 
‘‘(a) PROHIBITED ACTS.—It shall be unlawful for any 
person to recruit, employ, solicit, induce, command, or 
cause another person to be or remain as a member of a 
criminal street gang, or conspire to do so, with the intent 
to cause that person to participate in an offense described 
in section 521(a). 
‘‘(b) DEFINITION.—In this section:
‘‘(1) CRIMINAL
STREET
GANG.—The term 
‘criminal street gang’ shall have the same meaning 
as in section 521(a) of this title. 
‘‘(2) MINOR.—The term ‘minor’ means a per-
son who is less than 18 years of age. 
‘‘(c) PENALTIES.—Any person who violates sub-
section (a) shall— 
‘‘(1) be imprisoned not more than 5 years, fined 
under this title, or both; or 
‘‘(2) if the person recruited, solicited, induced, 
commanded, or caused to participate or remain in a 
criminal street gang is under the age of 18— 
‘‘(A) be imprisoned for not more than 10 
years, fined under this title, or both; and 
‘‘(B) at the discretion of the sentencing 
judge, be liable for any costs incurred by the 
Federal Government, or by any State or local 
government, for housing, maintaining, and 
treating the person until the person attains the 
age of 18 years.’’. 
SEC. 102. CRIMINAL STREET GANGS. 
(a) CRIMINAL STREET GANG PROSECUTIONS.—Sec-
tion 521 of title 18, United States Code, is amended to 
read as follows:
‘‘§ 521. Criminal street gang prosecutions 
‘‘(a) DEFINITIONS.—As used in this chapter: 
‘‘(1) CRIMINAL
STREET
GANG.—The term 
‘criminal street gang’ means a formal or informal 
group, club, organization, or association of 3 or 
more individuals, who individually, jointly, or in 
combination, have committed or attempted to com-
mit for the direct or indirect benefit of, at the direc-
tion of, in furtherance of, or in association with the 
group, club organization, or association at least 2 
separate acts, each of which is a predicate gang 
crime, 1 of which occurs after the date of enactment 
of the Gang Prevention and Effective Deterrence 
Act of 2004, and the last of which occurs not later 
than 10 years (excluding any period of imprison-
ment) after the commission of a prior predicate gang 
crime, and 1 predicate gang crime is a crime of vio-
lence or involves manufacturing, importing, distrib-
uting, possessing with intent to distribute, or other-
wise dealing in a controlled substance or listed 
chemicals (as those terms are defined in section 102 
of the Controlled Substances Act (21 U.S.C. 802)) 
provided that the activities of the criminal street 
gang affect interstate or foreign commerce, or in-
volve the use of any facility of, or travel in, inter-
state or foreign commerce.
‘‘(2) PREDICATE
GANG
CRIME.—The term 
‘predicate gang crime’ means— 
‘‘(A) any act, threat, conspiracy, or at-
tempted act, which is chargeable under Federal 
or State law and punishable by imprisonment 
for more than 1 year involving— 
‘‘(i) murder; 
‘‘(ii) manslaughter; 
‘‘(iii) maiming; 
‘‘(iv) assault with a dangerous weap-
on; 
‘‘(v) assault resulting in serious bodily 
injury; 
‘‘(vi) gambling; 
‘‘(vii) kidnapping; 
‘‘(viii) robbery; 
‘‘(ix) extortion; 
‘‘(x) arson; 
‘‘(xi) obstruction of justice; 
‘‘(xii) tampering with or retaliating 
against a witness, victim, or informant; 
‘‘(xiii) burglary; 
‘‘(xiv) sexual assault (which means 
any offense that involves conduct that 
would violate chapter 109A if the conduct
occurred in the special maritime and terri-
torial jurisdiction); 
‘‘(xv) carjacking; or 
‘‘(xvi) manufacturing, importing, dis-
tributing, possessing with intent to dis-
tribute, or otherwise dealing in a controlled 
substance or listed chemicals (as those 
terms are defined in section 102 of the 
Controlled Substances Act (21 U.S.C. 
802)); 
‘‘(B) any act punishable by imprisonment 
for more than 1 year under— 
‘‘(i) section 844 (relating to explosive 
materials); 
‘‘(ii) section 922(g)(1) (where the un-
derlying conviction is a violent felony (as 
defined in section 924(e)(2)(B) of this 
title) or is a serious drug offense (as de-
fined in section 924(e)(2)(A) of this title)); 
‘‘(iii) subsection (a)(2), (b), (c), (g), 
or (h) of section 924 (relating to receipt, 
possession, and transfer of firearms); 
‘‘(iv) sections 1028 and 1029 (relating 
to fraud and related activity in connection