‘‘(B) for the purpose of gaining entrance 
to or maintaining or increasing position in such 
a gang; or 
‘‘(C) for the direct or indirect benefit of 
the criminal street gang, or in association with 
the criminal street gang. 
‘‘(c) PENALTIES.—Whoever violates subsection (b)— 
‘‘(1) shall be fined under this title, imprisoned 
for not more than 30 years, or both; and 
‘‘(2) if the violation is based on a predicate 
gang crime for which the maximum penalty includes 
life imprisonment, shall be fined under this title, im-
prisoned for any term of years or for life, or both. 
‘‘(d) CIVIL PROCEDURES.—Property subject to for-
feiture under paragraph (1) may be forfeited in a civil case 
under the procedures set forth in chapter 46 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 26 of title 18, United States 
Code, is amended by striking the item relating to section 
521 and inserting the following: 
‘‘521. Criminal street gang prosecutions.’’. 
SEC. 302. SOLICITATION OR RECRUITMENT OF PERSONS 
AND VIOLENT CRIMES IN FURTHERANCE OR 
IN AID OF CRIMINAL STREET GANGS. 
(a) SOLICITATION OR RECRUITMENT OF PERSONS IN 
CRIMINAL STREET GANG ACTIVITY.—Chapter 26 of title 
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18, United States Code, is amended by adding at the end 
the following: 
‘‘§ 522. Recruitment of persons to participate in a 
criminal street gang 
‘‘(a) PROHIBITED ACTS.—It shall be unlawful for any 
person to knowingly recruit, employ, solicit, induce, com-
mand, or cause another person to be or remain as a mem-
ber of a criminal street gang, or conspire to do so, with 
the intent to cause that person to participate in a predi-
cate gang crime, if the defendant travels in interstate or 
foreign commerce in the course of the offense, or if the 
activities of that criminal street gang are in or affect inter-
state or foreign commerce. 
‘‘(b) DEFINITION OF MINOR.—In this section, the 
term ‘minor’ means a person who is less than 18 years 
of age. 
‘‘(c) PENALTIES.—Any person who violates sub-
section (a) shall— 
‘‘(1) be imprisoned not more than 10 years, 
fined under this title, or both; 
‘‘(2) if the person recruited, solicited, induced, 
commanded, or caused to participate or remain in a 
criminal street gang is under the age of 18 years— 
‘‘(A) be imprisoned for not more than 20 
years, fined under this title, or both; and 
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‘‘(B) at the discretion of the sentencing 
judge, be liable for any costs incurred by the 
Federal Government, or by any State or local 
government, for housing, maintaining, and 
treating the person until the person attains the 
age of 18 years; or 
‘‘(3) be subjected to an enhanced term of im-
prisonment if the person who recruited, solicited, in-
duced, commanded, or caused another person to par-
ticipate in a criminal street gang is currently incar-
cerated when the activity occurs. 
‘‘§ 523. Violent crimes in furtherance or in aid of a 
criminal street gang 
‘‘Any person who, for the purpose of gaining entrance 
to or maintaining or increasing position in, or in further-
ance or in aid of, or for the direct or indirect benefit of, 
or in purposeful association with a criminal street gang, 
or as consideration for the receipt of, or as consideration 
for a promise or agreement to pay, anything of pecuniary 
value to or from a criminal street gang, murders, kidnaps, 
sexually assaults, maims, assaults with a dangerous weap-
on, commits assault resulting in serious bodily injury 
upon, commits any other predicate gang crime or threat-
ens to commit a crime of violence against any individual, 
or attempts or conspires to do so, shall be punished, in 
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addition and consecutive to the punishment provided for 
any other violation of this chapter— 
‘‘(1) for murder, by imprisonment for any term 
of years or for life, a fine under this title, or both; 
‘‘(2) for kidnapping or sexual assault, by im-
prisonment for any term of years or for life, a fine 
under this title, or both; 
‘‘(3) for maiming, by imprisonment for any 
term of years or for life, a fine under this title, or 
both; 
‘‘(4) for assault with a dangerous weapon or as-
sault resulting in serious bodily injury, by imprison-
ment for not more than 30 years, a fine under this 
title, or both; 
‘‘(5) for any other predicate gang crime, by im-
prisonment for not more than 20 years, a fine under 
this title, or both; 
‘‘(6) for threatening to commit a crime of vio-
lence specified in paragraphs (1) through (4), by im-
prisonment for not more than 10 years, a fine under 
this title, or both; 
‘‘(7) for attempting or conspiring to commit 
murder, kidnapping, maiming, or sexual assault, by 
imprisonment for not more than 30 years, a fine 
under this title, or both; and 
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‘‘(8) for attempting or conspiring to commit a 
crime involving assault with a dangerous weapon or 
assault resulting in serious bodily injury, by impris-
onment for not more than 20 years, a fine under 
this title, or both.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 26 of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘522. Recruitment of persons to participate in a criminal street gang. 
‘‘523. Violent crimes in furtherance of a criminal street gang.’’. 
SEC. 303. INTERSTATE AND FOREIGN TRAVEL OR TRANS-
PORTATION IN AID OF RACKETEERING EN-
TERPRISES AND CRIMINAL STREET GANGS. 
Section 1952 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and thereafter performs 
or attempts to perform’’ and inserting ‘‘and 
thereafter performs, or attempts or conspires to 
perform’’; and 
(B) by striking ‘‘5 years’’ and inserting 
‘‘10 years’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; 
(3) by inserting after subsection (a) the fol-
lowing: 
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‘‘(b) Whoever travels in interstate or foreign com-
merce or uses the mail or any facility in interstate or for-
eign commerce, with the intent to kill, assault, bribe, force, 
intimidate, or threaten any person, to delay or influence 
the testimony of, or prevent from testifying, a witness in 
a State criminal proceeding and thereafter performs, or 
attempts or conspires to perform, an act described in this 
subsection, shall— 
‘‘(1) be fined under this title, imprisoned for 
any term of years, or both; and 
‘‘(2) if death results, imprisoned for any term 
of years or for life.’’; and 
(4) in subsection (c)(2), as redesignated under 
subparagraph (B), by inserting ‘‘intimidation of, or 
retaliation against, a witness, victim, juror, or in-
formant,’’ after ‘‘extortion, bribery,’’. 
SEC. 304. AMENDMENTS RELATING TO VIOLENT CRIME IN 
AREAS OF EXCLUSIVE FEDERAL JURISDIC-
TION. 
(a) ASSAULT WITHIN MARITIME AND TERRITORIAL 
JURISDICTION OF UNITED STATES.—Section 113(a)(3) of 
title 18, United States Code, is amended by striking ‘‘with 
intent to do bodily harm, and without just cause or ex-
cuse,’’. 
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(b) MANSLAUGHTER.—Section 1112(b) of title 18, 
United States Code, is amended by— 
(1) striking ‘‘15 years’’ and inserting ‘‘20 
years’’; and 
(2) striking ‘‘8 years’’ and inserting ‘‘10 
years’’. 
(c) OFFENSES COMMITTED WITHIN INDIAN COUN-
TRY.—Section 1153(a) of title 18, United States Code, is 
amended by inserting ‘‘an offense for which the maximum 
statutory term of imprisonment under section 1363 is 
greater than 5 years,’’ after ‘‘a felony under chapter 
109A,’’. 
(d) CARJACKING.—Section 2119 of title 18, United 
States Code, is amended by striking ‘‘, with the intent to 
cause death or serious bodily harm’’. 
(e) CLARIFICATION OF PROHIBITION ON FIREARM 
TRANSFER TO COMMIT CRIME OF VIOLENCE OR DRUG 
TRAFFICKING CRIME.—Section 924(h) of title 18, United 
States Code, is amended— 
(1) by inserting ‘‘, or will be possessed in fur-
therance of,’’ after ‘‘commit’’; and 
(2) by striking ‘‘10 years’’ and inserting ‘‘20 
years’’. 
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(f) AMENDMENT OF SPECIAL SENTENCING PROVI-
SION.—Section 3582(d) of title 18, United States Code, 
is amended— 
(1) by striking ‘‘chapter 95 (racketeering) or 96 
(racketeer influenced and corrupt organizations) of 
this title’’ and inserting ‘‘section 521 (criminal 
street gangs) or 523 (violent crimes in furtherance 
or in aid of criminal street gangs), in chapter 95 
(racketeering) or 96 (racketeer influenced and cor-
rupt organizations),’’; and 
(2) by inserting ‘‘a criminal street gang or’’ be-
fore ‘‘an illegal enterprise’’. 
(g) CONFORMING AMENDMENT RELATING TO OR-
DERS FOR RESTITUTION.—Section 3663(c)(4) of title 18, 
United States Code, is amended by striking ‘‘chapter 46 
or chapter 96 of this title’’ and inserting ‘‘section 521, 
chapter 46, or chapter 96 of this title’’. 
(h) SPECIAL PROVISION FOR INDIAN COUNTRY.—No 
person subject to the criminal jurisdiction of an Indian 
tribal government shall be subject to section 3559(e) of 
title 18, United States Code, for any offense for which 
Federal jurisdiction is solely predicated on the fact that 
the offense was committed in Indian country (as defined 
in section 1151 of such title 18) and which occurs within 
the boundaries of such Indian country, unless the gov-
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erning body of such Indian tribe elects to subject the per-
sons under the criminal jurisdiction of the tribe to section 
3559(e) of such title 18. 
SEC. 305. INCREASED PENALTIES FOR USE OF INTERSTATE 
COMMERCE FACILITIES IN THE COMMISSION 
OF MURDER-FOR-HIRE AND OTHER FELONY 
CRIMES OF VIOLENCE. 
(a) IN GENERAL.—Section 1958 of title 18, United 
States Code, is amended— 
(1) by striking the heading and inserting the 
following: 
‘‘1958. USE OF INTERSTATE COMMERCE FACILITIES IN THE 
COMMISSION 
OF 
MURDER-FOR-HIRE 
AND 
OTHER FELONY CRIMES OF VIOLENCE.’’; 
(2) in subsection (a), by striking ‘‘Whoever’’ 
and all that follows through ‘‘conspires to do so’’ 
and inserting the following: ‘‘Any person who travels 
in or causes another (including the intended victim) 
to travel in interstate or foreign commerce, or uses 
or causes another (including the intended victim) to 
use the mail or any facility in interstate or foreign 
commerce, with intent that a murder or other felony 
crime of violence be committed in violation of the 
laws of any State or the United States as consider-
ation for the receipt of, or as consideration for a 
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promise or agreement to pay, anything of pecuniary 
value, or who conspires to do so’’; 
(3) striking ‘‘ten years’’ and inserting ‘‘20 
years’’; and 
(4) by striking ‘‘twenty years’’ and inserting 
‘‘30 years’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections at the beginning of chapter 95 of 
title 18, United States Code, is amended by striking the 
item relating to section 1958 and inserting the following: 
‘‘Sec. 1958. Use of interstate commerce facilities in the commission of murder- 
for-hire and other felony crimes of violence.’’. 
SEC. 306. AMENDMENT OF SENTENCING GUIDELINES RE-
LATING TO CERTAIN GANG AND VIOLENT 
CRIMES. 
(a) DIRECTIVE
TO
THE
UNITED
STATES
SEN-
TENCING COMMISSION.—Pursuant to its authority under 
section 994(p) of title 28, United States Code, and in ac-
cordance with this section, the United States Sentencing 
Commission shall review and, if appropriate, amend its 
guidelines and its policy statements to conform to the 
amendments made by this title. 
(b) REQUIREMENTS.—In carrying out this section, 
the Sentencing Commission shall— 
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(1) establish new guidelines and policy state-
ments, as warranted, in order to implement new or 
revised criminal offenses created under this title; 
(2) ensure that the sentencing guidelines and 
policy statements reflect the serious nature of the of-
fenses and the penalties set forth in this title, the 
growing incidence of serious gang and violent 
crimes, and the need to modify the sentencing guide-
lines and policy statements to deter, prevent, and 
punish such offenses; 
(3) consider the extent to which the guidelines 
and policy statements adequately address— 
(A) whether the guideline offense levels 
and 
enhancements 
for 
gang 
and 
violent 
crimes— 
(i) are sufficient to deter and punish 
such offenses; and 
(ii) are adequate in view of the statu-
tory increases in penalties contained in the 
amendments made by this title; and 
(B) whether any existing or new specific 
offense characteristics should be added to re-
flect congressional intent to increase gang and 
violent crime penalties, punish offenders, and 
deter gang and violent crime; 
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(4) assure reasonable consistency with other 
relevant directives and with other sentencing guide-
lines; 
(5) account for any additional aggravating or 
mitigating circumstances that might justify excep-
tions to the generally applicable sentencing ranges; 
(6) make any necessary conforming changes to 
the sentencing guidelines; and 
(7) assure that the guidelines adequately meet 
the purposes of sentencing under section 3553(a)(2) 
of title 18, United States Code. 
SEC. 307. STUDY ON EXPANDING FEDERAL AUTHORITY FOR 
JUVENILE OFFENDERS. 
(a) IN GENERAL.—Not later than 9 months after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
the Judiciary of the Senate and the Committee on the Ju-
diciary of the House of Representatives a report on the 
costs and benefits associated with expanding Federal au-
thority to prosecute offenders under the age of 18 years 
who are gang members who commit criminal offenses. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall— 
(1) examine the ability of the judicial systems 
of the States to respond effectively to juveniles who 
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are members of criminal street gangs, as that term 
is defined in section 521 of title 18, United States 
Code, as amended by this Act; 
(2) examine the extent to which offenders who 
are 16 and 17 years old are members of criminal 
street gangs, and are accused of committing violent 
crimes and prosecuted in the adult criminal justice 
systems of the individual States; 
(3) determine the percentage of crimes com-
mitted by members of criminal street gangs that are 
committed by offenders who are 16 and 17 years 
old; 
(4) examine the extent to which United States 
attorneys bring criminal indictments and prosecute 
offenders under the age of 18 years, and the extent 
to which United States Attorneys’ offices include 
prosecutors with experience prosecuting juveniles for 
adult criminal violations; 
(5) examine the extent to which the Bureau of 
Prisons houses offenders under the age of 18 years, 
and has the ability and experience to meet the needs 
of young offenders; 
(6) estimate the cost to the Federal Govern-
ment of prosecuting and incarcerating members of 
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criminal street gangs who are 16 or 17 years old 
and are accused of violent crimes; and 
(7) detail any benefits for Federal prosecutions 
that would be realized by expanding Federal author-
ity to bring charges against members of criminal 
street gangs who are 16 or 17 years old and are ac-
cused of violent crimes. 
SEC. 308. STUDY ON EXAMINING THE ROLE OF GANGS IN 
PRISONS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Bureau of Prisons shall 
submit to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Rep-
resentatives a report on the prevalence of gangs in prisons. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall— 
(1) investigate the growth of gangs in our pris-
on system; 
(2) examine the extent to which non-gang mem-
ber offenders join gangs after arrival in prison; 
(3) examine the extent to which current offend-
ers and members of criminal street gangs recruit, 
employ, solicit, induce, command, or cause another 
person to be a member of a criminal street gang 
after arrival in prison; 
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(4) determine the impact of incarcerating mem-
bers of similar criminal street gangs in the same 
prison; 
(5) estimate the cost to the Federal Govern-
ment of incarcerating members of similar criminal 
street gangs in different prisons; and 
(6) provide any suggestions on how to suppress 
the growth of criminal street gangs in our prison 
system. 
Subtitle B—Firearms Offenses 
SEC. 311. INCREASED PENALTIES FOR USE OF FIREARM IN 
CRIME OF VIOLENCE OR DRUG TRAFFICKING 
CRIME. 
(a) IN GENERAL.—Section 924(c)(1)(A) of title 18, 
United States Code, is amended— 
(1) by striking ‘‘shall’’ and inserting ‘‘or con-
spires to use, carry, or possess a firearm during and 
in relation to any such crime shall, for each instance 
in which the firearm is so used, carried, or pos-
sessed’’; 
(2) in clause (i)— 
(A) by striking ‘‘5 years’’ and inserting ‘‘7 
years’’; and 
(B) by adding ‘‘or’’ at the end; 
(3) by striking clause (ii); and 
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(4) by redesignating clause (iii) as clause (ii). 
(b) CONFORMING AMENDMENTS.—Section 924 of 
title 18, United States Code, is amended— 
(1) in subsection (c)— 
(A) by striking paragraph (4); and 
(B) by redesignating paragraph (5) as 
paragraph (4); and 
(2) by striking subsection (o). 
Subtitle C—Crime Data 
SEC. 321. STANDARDIZATION OF CRIME REPORTING AND 
INVESTIGATION. 
(a) EXPANDING UNIFORM CRIME REPORTING.—Sec-
tion 7332(c) of the Uniform Federal Crime Reporting Act 
of 1988 (28 U.S.C. 534 note) is amended by adding at 
the end the following: 
‘‘(4) JUVENILE CRIME.—The Attorney General 
shall create a separate category in the Uniform 
Crime Reports to distinguish criminal offenses com-
mitted by juveniles. 
‘‘(5) REPORTING BY STATES AND LOCAL GOV-
ERNMENTS.— 
‘‘(A) IN GENERAL.—For each fiscal year 
beginning after the date of enactment of the 
Fighting Gangs and Empowering Youth Act of 
2010, all departments and agencies within a 
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State or unit of local government which rou-
tinely investigate complaints of criminal activ-
ity, shall meet the requirements of paragraph 
(2). 
‘‘(B) INELIGIBILITY FOR FUNDS.—For any 
fiscal year beginning after the date of enact-
ment of the Fighting Gangs and Empowering 
Youth Act of 2010, a State or unit of local gov-
ernment that fails to comply with subparagraph 
(A) shall not be eligible to receive any of the 
funds that would otherwise be allocated for that 
fiscal year to the State or unit of local govern-
ment under subtitle A of title II of such Act. 
‘‘(C) REALLOCATION.—Amounts not allo-
cated to a State or unit of local government 
under the subtitle referred to in subparagraph 
(B) for failure to fully comply with subpara-
graph (A) shall be reallocated under that sub-
title to States and units of local government 
that have not failed to comply with such sub-
paragraph. 
‘‘(D) WAIVER.—The Attorney General 
shall waive the requirements of subparagraph 
(A) if compliance with such subparagraph by a 
State or unit of local government would be un-
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constitutional under the constitution of the ap-
plicable State.’’. 
(b) NATIONAL STRATEGY FOR INVESTIGATION CO-
ORDINATION.—Section 7332 of the Uniform Federal 
Crime Reporting Act of 1988 (28 U.S.C. 534 note) is 
amended by adding at the end the following: 
‘‘(h) NATIONAL STRATEGY FOR INVESTIGATION CO-
ORDINATION.— 
‘‘(1) COORDINATION.—The Attorney General 
shall develop a national strategy to coordinate, con-
solidate, and standardize all investigations by Fed-
eral law enforcement agencies of crimes that are in-
cluded in the Uniform Crime Reports. 
‘‘(2) REPORT.—Not later than January 1, 
2011, the Attorney General shall submit a report to 
the President and Congress— 
‘‘(A) outlining the strategy developed 
under paragraph (1); and 
‘‘(B) describing the efforts and strategy of 
the Department of Justice in consolidating and 
standardizing data on all crimes that are in-
cluded in the Uniform Crime Reports.’’. 
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SEC. 322. CONSOLIDATING AND STANDARDIZING GANG-RE-
LATED CRIME DATA. 
Section 150008 of the Violent Crime Control and law 
Enforcement Act of 1994 (42 U.S.C. 14062) is amend-
ed— 
(1) in subsection (a), by inserting ‘‘, consoli-
date, and standardize all’’ after ‘‘strategy to coordi-
nate’’; 
(2) in subsection (b), by striking ‘‘acquire and 
collect’’ and inserting ‘‘acquire, collect, consolidate, 
and standardize all’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) REPORT.—Not later than January 1, 2011, the 
Attorney General shall submit a report to the President 
and Congress— 
‘‘(1) outlining the strategy developed under sub-
section (a); and 
‘‘(2) describing the efforts and strategy of the 
Department of Justice in consolidating and stand-
ardizing data on national gang offenses.’’; and 
(4) in subsection (d), by striking ‘‘$1,000,000 
for fiscal year 1996’’ and inserting ‘‘$2,000,000 for 
fiscal year 2011’’. 
Æ 
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