[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3695 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3695
To fight criminal gangs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2010
Mr. Menendez (for himself, Mrs. Gillibrand, and Mr. Lautenberg)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To fight criminal gangs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fighting Gangs and
Empowering Youth Act of 2010''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--PREVENTION AND ECONOMIC EMPOWERMENT
Subtitle A--Prevention
Sec. 101. Demonstration grants to encourage creative approaches to gang
activity and after-school programs.
Sec. 102. Reauthorization of certain after-school programs.
Sec. 103. Reauthorization of Safe and Drug-Free Schools and Communities
Act.
Sec. 104. Public and assisted housing gang elimination.
Sec. 105. Municipal Alliances.
Sec. 106. Reauthorization of the gang resistance education and training
projects program and increased funding for
the national youth gang survey.
Sec. 107. Mentoring grants to nonprofit organizations.
Subtitle B--Recidivism Reduction and Reentry Assistance
Sec. 111. Reauthorization of adult and juvenile offender State and
local reentry demonstration projects.
Sec. 112. Children of incarcerated parents and families.
Sec. 113. Removal of limitation on amount of funds available for
corrections education programs under the
Adult Education and Family Literacy Act.
Sec. 114. Grants to States for improved workplace and community
transition training for incarcerated youth
offenders.
Sec. 115. Improved reentry procedures for Federal prisoners.
Subtitle C--Economic Empowerment
Sec. 121. Expansion and reauthorization of the mentoring initiative for
system involved youth.
Sec. 122. Reauthorization of Learn and Serve America.
Sec. 123. Amendments to work opportunity tax credit.
TITLE II--GANG ACTIVITY POLICING PROGRAM
Sec. 201. Authority to make gang activity policing grants.
Sec. 202. Eligible activities.
Sec. 203. Preferential consideration of applications for certain
grants.
Sec. 204. Designation of high-intensity interstate gang activity areas.
Sec. 205. Use of components.
Sec. 206. Minimum amount.
Sec. 207. Matching funds.
Sec. 208. Providing additional forensic examiners.
Sec. 209. Authorization of appropriations.
Sec. 210. Performance evaluation.
TITLE III--PUNISHMENT AND IMPROVED CRIME DATA
Subtitle A--Gang Crimes
Sec. 301. Criminal street gangs.
Sec. 302. Solicitation or recruitment of persons and violent crimes in
furtherance or in aid of criminal street
gangs.
Sec. 303. Interstate and foreign travel or transportation in aid of
racketeering enterprises and criminal
street gangs.
Sec. 304. Amendments relating to violent crime in areas of exclusive
Federal jurisdiction.
Sec. 305. Increased penalties for use of interstate commerce facilities
in the commission of murder-for-hire and
other felony crimes of violence.
Sec. 306. Amendment of sentencing guidelines relating to certain gang
and violent crimes.
Sec. 307. Study on expanding Federal authority for juvenile offenders.
Sec. 308. Study on examining the role of gangs in prisons.
Subtitle B--Firearms Offenses
Sec. 311. Increased penalties for use of firearm in crime of violence
or drug trafficking crime.
Subtitle C--Crime Data
Sec. 321. Standardization of crime reporting and investigation.
Sec. 322. Consolidating and standardizing gang-related crime data.
TITLE I--PREVENTION AND ECONOMIC EMPOWERMENT
Subtitle A--Prevention
SEC. 101. DEMONSTRATION GRANTS TO ENCOURAGE CREATIVE APPROACHES TO GANG
ACTIVITY AND AFTER-SCHOOL PROGRAMS.
(a) In General.--The Attorney General may make grants to public or
nonprofit private entities (including faith-based organizations) for
the purpose of assisting the entities in carrying out projects
involving innovative approaches to combat gang activity.
(b) Projects.--Projects described in subsection (a) shall target
at-risk youth and juvenile offenders who are ages 11 to 19 years, who--
(1) fail to successfully complete secondary school;
(2) have entered the juvenile system;
(3) are at risk of failing to successfully complete
secondary school or entering the juvenile system;
(4) are truants or runaways; or
(5) have siblings or family members who are members of a
criminal street gang.
(c) Certain Approaches.--Approaches described in subsection (a) may
include--
(1) developing after-school gang prevention programs,
including programs that provide for transportation to and from
activities;
(2) encouraging teen-driven approaches to gang activity
prevention;
(3) educating parents to recognize signs of problems and
potential gang involvement in their children;
(4) teaching parents the importance of a nurturing family
and home environment to keep children out of gangs; and
(5) facilitating communication between parents and
children, especially programs that have been evaluated and
proven effective.
(d) Matching Funds.--
(1) In general.--The Attorney General may make a grant
under this section only if the entity receiving the grant
agrees to make available (directly or through donations from
public or private entities) non-Federal contributions toward
the cost of activities to be performed with that grant in an
amount that is not less than 25 percent of such costs.
(2) Determination of amount contributed.--Non-Federal
contributions required under paragraph (1) may be in cash or in
kind, fairly evaluated, including facilities, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
(e) Evaluation of Projects.--
(1) In general.--The Attorney General shall establish
criteria for the evaluation of projects involving innovative
approaches under subsection (a).
(2) Grantees.--A grant may be made under this section only
if the entity involved--
(A) agrees to conduct evaluations of the approach
in accordance with such criteria;
(B) agrees to submit to the Attorney General
reports describing the results of the evaluations, as
the Attorney General determines to be appropriate; and
(C) submits to the Attorney General, in the
application under subsection (f), a plan for conducting
the evaluations.
(f) Application for Grant.--The Attorney General may make a grant
under subsection (a) only if an application for the grant is submitted
to the Attorney General and the application is in such form, is made in
such manner, and contains such agreements, assurances, and information
(including the agreements under subsections (d) and (e) and the plan
under subsection (e)(2)(C)) as the Attorney General determines to be
necessary to carry out this section.
(g) Report to Congress.--Not later than October 1, 2012, the
Attorney General shall submit to Congress a report describing the
extent to which the approaches under subsection (a) have been
successful in reducing the rate of gang activity in the communities in
which the approaches have been carried out. That report shall describe
the various approaches used under subsection (a) and the effectiveness
of each of the approaches.
(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $5,000,000
for each of the fiscal years 2011 through 2015.
SEC. 102. REAUTHORIZATION OF CERTAIN AFTER-SCHOOL PROGRAMS.
(a) 21st Century Community Learning Centers.--Section 4206 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7176) is
amended to read as follows:
``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$300,000,000 for each of fiscal years 2011 through 2015.''.
(b) Carol M. White Physical Education Program.--Section 5401 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241) is
amended--
(1) by striking ``There are'' and inserting ``(a) In
General.--There are''; and
(2) by adding at the end the following:
``(b) Physical Education.--In addition to the amounts authorized to
be appropriated under subsection (a), there are authorized to be
appropriated $100,000,000 for each of fiscal years 2011 through 2015 to
carry out subpart 10.''.
SEC. 103. REAUTHORIZATION OF SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
ACT.
(a) Safe and Drug-Free Schools and Communities.--Section 4003 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7103) is
amended--
(1) in paragraph (1), by striking ``$650,000,000 for fiscal
year 2002, and such sums as may be necessary for each of the 5
succeeding fiscal years,'' and inserting ``$700,000,000 for
each of fiscal years 2011 through 2015,''; and
(2) in paragraph (2), by striking ``such sums for fiscal
year 2002, and for each of the 5 succeeding fiscal years,'' and
inserting ``$400,000,000 for each of fiscal years 2011 through
2015,''.
(b) National Coordinator Initiative.--Section 4125 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7135) is
amended--
(1) in subsection (a)--
(A) by striking ``From funds made available to
carry out this subpart under section 4003(2), the
Secretary may provide'' and inserting ``From amounts
made available to carry out this subpart under section
4003(2) for each fiscal year, the Secretary shall
reserve for each fiscal year not less than $40,000,000
to provide''; and
(B) by inserting ``, gang prevention,'' after
``drug prevention'';
(2) in subsection (b)--
(A) in the first sentence--
(i) by inserting ``, gang prevention,''
after ``serve as drug prevention''; and
(ii) by inserting ``, gang,'' after
``significant drug''; and
(B) in the second sentence, by inserting ``,
gang,'' after ``analyzing assessments of drug''; and
(3) by adding at the end the following:
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $40,000,000 for each of fiscal
years 2011 through 2015.''.
(c) Mentoring Program.--Section 4130(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7140(b)) is amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1), by striking ``The Secretary may award grants from funds
made available to carry out this subpart under section
4003(2)'' and inserting ``From amounts made available to carry
out this subpart under section 4003(2) for each fiscal year,
the Secretary shall reserve for each fiscal year not less than
$50,000,000 to award grants'';
(2) in paragraph (5)(B)(i), by inserting ``elementary
school and middle school'' after ``serves''; and
(3) in paragraph (5)(C)(ii)(IV), by striking ``the 4th''
and inserting ``kindergarten''.
(d) Anti-Gang Discretionary Grants.--Subpart 2 of part A of title
IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7131 et seq.) is amended by adding at the end the following:
``SEC. 4131. ANTI-GANG DISCRETIONARY GRANTS.
``(a) Authority To Make Grants.--From amounts made available to
carry out this subpart under section 4003(2) for each fiscal year, the
Secretary shall reserve for each fiscal year not less than $50,000,000
to award grants, on a competitive basis, to nonprofit organizations to
enable the nonprofit organizations to establish programs to assist a
public elementary school or middle school in providing an innovative
approach--
``(1) to combat gang activity in the school and the
community surrounding the school; and
``(2) to heighten awareness of, and provide tools to
reduce, gang violence in the school and the community
surrounding the school.
``(b) Application.--To be eligible to receive a grant under this
section, a nonprofit organization shall submit an application to the
Secretary that includes a detailed plan to combat gang activity and
reduce gang violence in a school and the surrounding community.
``(c) Priority Consideration.--In awarding grants under this
section, the Secretary shall give priority consideration to
applications describing programs that target youth living in a high-
intensity interstate gang activity area defined under section 204 of
the Fighting Gangs and Empowering Youth Act of 2010.
``(d) Reports.--The Secretary shall require any recipient of a
grant under this section to provide periodic reports that include the
obligation and expenditure of grant funds, the progress made by the
grantee in implementing the plan described in subsection (b), and any
change in the incidence of gang-related crime in projects assisted
under this section.
``(e) Monitoring.--The Secretary shall audit and monitor the
programs funded under this section to ensure that assistance provided
under this section is administered in accordance with the provisions of
this section.''.
SEC. 104. PUBLIC AND ASSISTED HOUSING GANG ELIMINATION.
(a) Public and Assisted Housing.--Title V of the Anti-Drug Abuse
Act of 1988 (Public Law 100-690; 102 Stat. 4295) is amended by adding
at the end the following new subtitle:
``Subtitle H--Public and Assisted Housing Gang Elimination
``SEC. 5401. SHORT TITLE.
``This subtitle may be cited as the `Public and Assisted Housing
Gang Elimination Act of 2010'.
``SEC. 5402. DEFINITIONS.
``In this subtitle--
``(1) the term `federally assisted low-income housing'
means housing assisted under--
``(A) section 221(d)(3), section 221(d)(4), or 236
of the National Housing Act;
``(B) section 101 of the Housing and Urban
Development Act of 1965;
``(C) section 8 of the United States Housing Act of
1937; or
``(D) the Native American Housing Assistance and
Self-Determination Act of 1996;
``(2) the term `high-intensity interstate gang activity
area' means an area designated by the Attorney General under
section 204 of the Fighting Gangs and Empowering Youth Act of
2010; and
``(3) the term `Secretary' means the Secretary of Housing
and Urban Development.
``SEC. 5403. AUTHORITY TO MAKE GRANTS.
``The Secretary, in accordance with the provisions of this
subtitle, may make grants to public housing agencies (including any
Indian tribe or other recipient under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.))
and private, for-profit and nonprofit owners of federally assisted low-
income housing for use in eliminating gang-related crime.
``SEC. 5404. ELIGIBLE ACTIVITIES.
``Grants under this subtitle may be used in public housing or other
federally assisted low-income housing projects for--
``(1) the employment of security personnel;
``(2) reimbursement of local law enforcement agencies for
additional security and protective services;
``(3) physical improvements which are specifically designed
to enhance security;
``(4) the employment of 1 or more individuals--
``(A) to investigate gang-related crime on or about
the real property comprising any public or other
federally assisted low-income housing project; and
``(B) to provide evidence relating to such crime in
any administrative or judicial proceeding;
``(5) the provision of training, communications equipment,
and other related equipment for use by voluntary tenant patrols
acting in cooperation with local law enforcement officials;
``(6) programs designed to reduce gang activity in and
around public or other federally assisted low-income housing
projects, including encouraging teen-driven approaches to gang
activity prevention; and
``(7) providing funding to nonprofit public housing
resident management corporations and resident councils to
develop security and gang prevention programs involving site
residents.
``SEC. 5405. APPLICATIONS.
``(a) Required Submission.--
``(1) In general.--To receive a grant under this subtitle,
a public housing agency or an owner of federally assisted low-
income housing shall submit an application to the Secretary, at
such time, in such manner, and accompanied by such additional
information as the Secretary may reasonably require.
``(2) Required inclusions.--Any application submitted under
paragraph (1) shall include a plan for addressing the problem
of gang-related crime on the premises of the housing
administered or owned by the applicant for which the
application is being submitted.
``(b) Criteria.--Except as provided by subsections (c) and (d) the
Secretary shall approve applications under this subtitle based
exclusively on--
``(1) the extent of the gang-related crime problem in the
public or federally assisted low-income housing project or
projects proposed for assistance;
``(2) the quality of the plan of the applicant to address
the crime problem in the public or federally assisted low-
income housing project or projects proposed for assistance,
including the extent to which the plan includes initiatives
that can be sustained over a period of several years; and
``(3) the extent to which tenants, the local government,
and the local community support and participate in the design
and implementation of the activities proposed to be funded
under the application.
``(c) High-Intensity Interstate Gang Activity Areas.--In evaluating
the extent of the gang-related crime problem under subsection (b), the
Secretary may consider whether housing projects proposed for assistance
are located in a high-intensity interstate gang activity area as
described in section 204 of this Act.
``SEC. 5406. IMPLEMENTATION.
``The Secretary shall issue regulations to implement this subtitle
within 180 days after the date of enactment of this subtitle.
``SEC. 5407. REPORTS.
``The Secretary shall require any recipient of a grant under this
subtitle to provide periodic reports that include--
``(1) the obligation and expenditure of grant funds;
``(2) the progress made by the grantee in implementing the
plan described in section 5404(a); and
``(3) any change in the incidence of gang-related crime in
projects assisted under this subtitle.
``SEC. 5408. MONITORING.
``The Secretary shall audit and monitor the programs funded under
this subtitle to ensure that assistance provided under this subtitle is
administered in accordance with the provisions of this subtitle.
``SEC. 5409. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this subtitle $100,000,000 for each of the fiscal years 2011
through 2015. Any amount appropriated under this section shall remain
available until expended.
``(b) Conforming Amendment.--The table of contents in section 5001
of the Anti-Drug Abuse Act of 1988 (Public Law 100-690; 102 Stat. 4295)
is amended by adding at the end the following new items:
``Subtitle H--Public and Assisted Housing Gang Elimination
``Sec. 5401. Short title.
``Sec. 5402. Definitions.
``Sec. 5403. Authority to make grants.
``Sec. 5404. Eligible activities.
``Sec. 5405. Applications.
``Sec. 5406. Implementation.
``Sec. 5407. Reports.
``Sec. 5408. Monitoring.
``Sec. 5409. Authorization of appropriations.''
SEC. 105. MUNICIPAL ALLIANCES.
The Violent Crime Control and Law Enforcement Act of 1994 (42
U.S.C. 13701 et seq.) is amended by inserting after section 30403 the
following:
``Subtitle E--Strategic Community Planning Program
``SEC. 30501. GRANT AUTHORITY.
``(a) Grants.--
``(1) In general.--The Attorney General may award grants on
a competitive basis to eligible local entities to assist
eligible communities in developing and carrying out programs
that target at-risk youth and juvenile offenders ages 11 to 19
years, who--
``(A) fail to successfully complete secondary
school;
``(B) have entered the juvenile justice system;
``(C) are at risk of failing to successfully
complete secondary school or entering the juvenile
justice system;
``(D) are truants or runaways; or
``(E) have siblings or family members who are
believed to be members of criminal street gangs.
``(2) Grant amount.--A grant awarded to an eligible local
entity under this subtitle shall be for not less than $250,000
for 1 fiscal year. Amounts made available through such a grant
shall remain available until expended.
``(b) Program Requirements.--
``(1) Programs.--An eligible local entity that receives
funds under this subtitle shall develop or expand community
programs in eligible communities that are designed to target
at-risk youths and juvenile offenders through prevention, early
intervention, and graduated sanctions.
``(2) Optional activities.--An eligible local entity that
receives funds under this subtitle may develop a variety of
programs to serve the comprehensive needs of at-risk youth and
juvenile offenders, including--
``(A) homework assistance and after-school
programs, including educational, social, and athletic
activities;
``(B) mentoring programs;
``(C) family counseling; and
``(D) parental training programs.
``(c) Eligible Community Identification.--The Attorney General
shall establish by regulation the criteria necessary to qualify as an
eligible community, which shall include criteria with respect to
whether the community is located in a high-intensity interstate gang
activity area designated under section 204 of the Fighting Gangs and
Empowering Youth Act of 2010.
``SEC. 30502. APPLICATIONS.
``(a) Application Required.--To be eligible to receive a grant
under this subtitle, a local entity shall submit an application to the
Attorney General at such time, in such manner, and accompanied by such
information, as the Attorney General may reasonably require.
``(b) Contents of Application.--Each application submitted under
subsection (a) shall--
``(1) contain a comprehensive plan for the program that is
designed to improve the academic and social development of at-
risk youths and juvenile offenders in the eligible community,
which--
``(A) identifies an eligible community to be
assisted;
``(B) describes the community planning process to
be used by the local entity that includes--
``(i) parents and family members;
``(ii) local school officials;
``(iii) teachers employed at schools within
the eligible community;
``(iv) local public officials;
``(v) law enforcement officers and
officials;
``(vi) clergy and faith-based
organizations;
``(vii) public housing authorities;
``(viii) public housing resident
organization members, where applicable; and
``(ix) public and private nonprofit
organizations that provide education, child
protective services, or other human services to
low-income, at-risk youth and juvenile
offenders, and their families; and
``(C) develops a concentrated strategy for
implementation of the community planning process
developed under subparagraph (B) that targets clusters
of at-risk youth and juvenile offenders in the eligible
community;
``(2) provide evidence of support for accomplishing the
objectives of such plan from--
``(A) community leaders;
``(B) a school district;
``(C) local officials; and
``(D) other organizations that the local entity
determines to be appropriate;
``(3) provide an assurance that the local entity will use
grant funds received under this subsection to implement the
program requirements listed in section 30701(b);
``(4) include an estimate of the number of at-risk youth
and juvenile offenders in the eligible community expected to be
served under the program;
``(5) provide an assurance that the local entity will
prepare and submit to the Attorney General an annual report
regarding any program conducted under this subtitle; and
``(6) provide an assurance that the local entity will
maintain separate accounting records for the program.
``(c) Priority.--In awarding grants under this subtitle, the
Attorney General shall give priority to eligible local entities that
identify under subsection (b)(1)(A) an eligible community that, when
compared to other eligible communities, has a greater need than such
other eligible communities for assistance under this subtitle, as
determined by the Attorney General based on the criteria established
under section 30701(c).
``(d) Federal Share.--The Federal share of the costs of a program
developed or carried out with a grant under this section shall be not
more than 70 percent. The non-Federal share of such costs may be in
cash or in kind, fairly evaluated, including personnel, facilities,
equipment, and services.
``SEC. 30503. DEFINITIONS.
``For purposes of this subtitle--
``(1) the term `local entity' means--
``(A) a local educational agency; or
``(B) a community-based organization, as defined in
section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801); and
``(2) the term `eligible community' means an area which
meets the criteria established by the Attorney General in
accordance with section 30701(c).
``SEC. 30504. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under this
subtitle--
``(1) $10,000,000 for fiscal year 2011;
``(2) $11,000,000 for fiscal year 2012;
``(3) $12,000,000 for fiscal year 2013;
``(4) $13,000,000 for fiscal year 2014; and
``(5) $14,000,000 for fiscal year 2015.''.
SEC. 106. REAUTHORIZATION OF THE GANG RESISTANCE EDUCATION AND TRAINING
PROJECTS PROGRAM AND INCREASED FUNDING FOR THE NATIONAL
YOUTH GANG SURVEY.
Section 32401 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 13921) is amended in subsection (b)--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) $21,000,000 for each of fiscal years 2011 through
2015.
``(c) Use of Funds.--Not more than $1,000,000 of the funds
authorized under this section for a fiscal year shall be used to
increase the number of samples collected by the National Youth Gang
Center for its annual National Youth Gang Survey.''.
SEC. 107. MENTORING GRANTS TO NONPROFIT ORGANIZATIONS.
(a) Authority To Make Grants.--From amounts made available to carry
out this section, the Attorney General shall make grants, in
consultation with the Secretary of Labor and the Secretary of Housing
and Urban Development, to nonprofit organizations for the purpose of
providing mentoring and other transitional services essential to the
reentry of offenders into the community.
(b) Use of Funds.--A nonprofit organization that receives a grant
under subsection (a) may use the grant to--
(1) mentor adult and juvenile offenders during--
(A) incarceration of the offenders;
(B) the transition of the offenders back to the
community; and
(C) post-incarceration of the offenders; and
(2) provide transitional services to assist in the reentry
of offenders into the community.
(c) Application; Priority Consideration.--
(1) In general.--To be eligible to receive a grant under
this section, a nonprofit organization shall submit an
application to the Attorney General based on criteria developed
by the Attorney General, in consultation with the Secretary of
Labor and the Secretary of Housing and Urban Development.
(2) Priority.--The Attorney General shall give priority
consideration to applications that--
(A) include a plan to implement activities that
have been demonstrated to be effective in facilitating
the successful reentry of offenders into the community;
and
(B) provide for an independent evaluation.
(d) Strategic Performance Outcomes.--The Attorney General shall
require each applicant under this section to identify specific
performance outcomes related to the long-term goal of stabilizing
communities by reducing recidivism and reintegrating offenders into the
community.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$25,000,000 for each of fiscal years 2011 through 2015.
Subtitle B--Recidivism Reduction and Reentry Assistance
SEC. 111. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER STATE AND
LOCAL REENTRY DEMONSTRATION PROJECTS.
Section 2976(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797w(b)) is amended by striking paragraphs (1)
through (4) and inserting the following:
``(1) establishing or improving the system or systems under
which offenders awaiting reentry into the community are
provided with documents useful in achieving a successful
transition from prison, jail, or detention (such as
identification papers, referrals to services, medical
prescriptions, job training certificates, apprenticeship
papers, and information on obtaining public assistance);
``(2) carrying out programs and initiatives by units of
local government to strengthen reentry services for offenders
released from local jails;
``(3) providing structured post-release housing and
transitional housing (including group homes for recovering
substance abusers) through which offenders are provided
supervision and services immediately following reentry into the
community;
``(4) assisting offenders in securing permanent housing
upon release or following a stay in transitional housing;
``(5) assisting offenders in leaving a criminal street
gang;
``(6) providing offenders who have left a criminal street
gang with safety services upon release from prison, jail, or
detention;
``(7) providing offenders with education, job training,
responsible parenting and healthy relationship skills training
designed specifically for addressing the needs of incarcerated
and transitioning fathers and mothers, English as a second
language programs, work experience programs, self-respect and
life skills training, and other skills useful in achieving a
successful transition from prison or jail;
``(8) facilitating collaboration among corrections and
community corrections, technical schools, community colleges,
and the workforce development and employment service sectors--
``(A) to promote the employment of offenders
released from prison and jail, as appropriate, through
efforts such as educating employers about existing
financial incentives;
``(B) to facilitate the creation of job
opportunities for offenders released from prison or
jail, including transitional jobs and time-limited
subsidized work experience (as appropriate); and
``(C) to connect offenders to employment (including
supportive employment and employment services) before
their release to the community, to provide work
supports (including transportation and retention
services), as appropriate, and to identify labor market
needs to ensure that education and training are
appropriate;
``(9) developing programs and activities that support
parent-child relationships, such as--
``(A) using videoconferencing to allow virtual
visitation when incarcerated offenders are more than
100 miles from their families;
``(B) the establishment of family days, which
provide for longer visitation hours or family
activities;
``(C) the implementation of programs to help
incarcerated parents stay connected to their children
and learn responsible parenting and healthy
relationship skills; and
``(D) programs for mentoring children of
incarcerated offenders;
``(10) expanding family-based treatment centers that offer
family-based comprehensive treatment services for offenders
reentering the community;
``(11) conducting studies to determine the types of
offenders who are returning to prison or jail, and which of
those returning offenders represent the greatest risk to
community safety;
``(12) developing and implementing procedures to assist
relevant authorities--
``(A) in determining when release is appropriate;
and
``(B) in the use of data to inform the release
decision;
``(13) developing and implementing procedures to identify
efficiently and effectively those violators of probation,
parole, or post-incarceration supervision who should be
returned to prison or jail;
``(14) establishing or expanding the use of reentry courts
and other programs to--
``(A) monitor offenders returning to the community;
``(B) provide offenders reentering the community
with--
``(i) drug and alcohol testing and
treatment; and
``(ii) mental and medical health assessment
and services;
``(C) facilitate restorative justice practices and
convene family or community impact panels, family
impact educational classes, victim impact panels, or
victim impact educational classes;
``(D) provide and coordinate the delivery of other
community services to offenders, including--
``(i) housing assistance;
``(ii) education;
``(iii) employment training;
``(iv) conflict resolution skills training;
``(v) family violence intervention
programs;
``(vi) culturally and linguistically
competent services, as appropriate; and
``(vii) other appropriate services, as
determined by the Attorney General.
``(c) Task Force on Federal Programs and Activities Relating to
Reentry of Offenders.--
``(1) Task force required.--The Attorney General, in
consultation with the Secretary of Housing and Urban
Development, the Secretary of Labor, the Secretary of
Education, the Secretary of Health and Human Services, the
Secretary of Veterans Affairs, the Secretary of Agriculture,
and the heads of such other elements of the Federal Government
as the Attorney General considers appropriate, and in
collaboration with States, units of local government,
territories, tribes, stakeholders, service providers, and
nonprofit organizations, shall establish an interagency task
force on Federal programs and activities relating to the
reentry of offenders into the community.
``(2) Duties.--The task force established under paragraph
(1) shall--
``(A) identify any reentry program or activity that
may be resulting in overlapping or duplication of
reentry services, the scope of such overlapping or
duplication, and the relationship of such overlapping
and duplication to public safety, public health, and
effectiveness and efficiency;
``(B) identify methods to improve collaboration and
coordination programs and activities identified in
subparagraph (A);
``(C) identify areas of responsibility in which
improved collaboration and coordination of programs and
activities identified in subparagraph (A) would result
in increased effectiveness or efficiency;
``(D) develop innovative interagency or
intergovernmental programs, activities, or procedures
that would improve outcomes of offenders reentering the
community and the children of offenders;
``(E) develop methods for increasing regular
communication that would increase interagency program
effectiveness;
``(F) identify areas of research that can be
coordinated across agencies with an emphasis on
applying science-based practices to support, treatment,
and intervention programs for offenders reentering the
community;
``(G) identify funding areas that should be
coordinated across agencies, and any gaps in funding
for reentry services; and
``(H) identify successful reentry programs and
collect best practices in offender reentry from
demonstration grantees and other agencies and
organizations, determine the extent to which such
programs and practices can be replicated, and make
information on such programs and practices available to
States, localities, nonprofit organizations, and
others.
``(3) Report.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Fighting Gangs and Empowering
Youth Act of 2010, the task force established under
paragraph (1) shall submit to Congress a report on
barriers to reentry of offenders to the community,
including recommendations to overcome any barriers
identified.
``(B) Public comment.--The task force shall solicit
and incorporate for public comment in preparing the
report required in subparagraph (A).
``(C) Contents.--The report required by
subparagraph (A) shall identify Federal and other
barriers to successful reentry of offenders into the
community and analyze the effects of the barriers on
offenders and on children and other family members of
offenders, including barriers relating to--
``(i) child support obligations and
procedures;
``(ii) Social Security benefits (including
barriers in timely restoration of suspended
disability benefits immediately upon release),
veterans benefits, food stamps, and other forms
of Federal public assistance;
``(iii) Medicaid and Medicare laws,
regulations, guidelines or procedures
(including barriers in timely restoration of
benefits caused by delay in reinstatement of
suspended Social Security disability benefits);
``(iv) education programs, financial
assistance, and full civic participation;
``(v) temporary assistance to needy
families (TANF) program funding criteria and
other welfare benefits;
``(vi) sustainable employment and career
advancement, including barriers that are not
directly connected to the crime committed and
the risk that the offender presents to the
community;
``(vii) laws, regulations, rules, and
practices that restrict Federal employment
licensure and participation in Federal
contracting programs;
``(viii) admissions to and evictions from
Federal housing programs, including--
``(I) examining the number and
characteristics of offenders who are
evicted from or denied eligibility for
Federal housing programs;
``(II) the effect of eligibility
denials and evictions on homelessness,
family stability, and family
reunification;
``(III) the extent to which arrest
records are the basis for denying
applications;
``(IV) the implications of
considering misdemeanor convictions
that occurred more than 5 years before
the date of an application and felony
convictions that occurred more than 10
years before the date of an
application, and the appropriateness of
taking into account rehabilitation and
other mitigating factors; and
``(V) the feasibility of using
probationary or conditional eligibility
based on participation in a supervised
rehabilitation program or other
appropriate social services;
``(ix) reentry procedures, case planning,
and transitions of offenders from the custody
of the Bureau of Prisons to a Federal parole or
probation program, or to community corrections;
``(x) laws, regulations, rules, and
practices that may require a parolee to return
to the same county that the parolee was living
in prior to being arrested, and the potential
for changing such laws, regulations, rules, and
practices; and
``(xi) prerelease planning procedures for
offenders to ensure that the eligibility of an
offender for Federal or State benefits
(including Medicaid, Medicare, Social Security
and veterans benefits) upon release is
established prior to release, subject to any
limitations in law, and to ensure that
offenders are provided with referrals to
appropriate social and health services or are
linked to appropriate nonprofit organizations.
``(4) Annual reports.--On an annual basis, the task force
established under paragraph (1) shall submit to Congress a
report on the activities of the task force, including specific
recommendations of the task force on the matters described in
paragraph (2).
``(5) Standards for analysis.--Any statistical analysis of
population data under this section shall be conducted in
accordance with the Federal Register Notice dated October 30,
1997, relating to classification standards.
``(d) Authorization of Appropriations.--Section 2976 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w) is amended
in subsection (o)(1) by striking `$60,000,000' and all that follows,
and inserting `$60,000,000 for each fiscal years 2011 through 2015'''.
SEC. 112. CHILDREN OF INCARCERATED PARENTS AND FAMILIES.
The Secretary of Health and Human Services may--
(1) prepare and make available to States a report on any
recommendations regarding the role of State child protective
services at the time of the arrest of an individual; and
(2) by regulation, establish such services as the Secretary
determines necessary for the preservation of families that have
been impacted by the incarceration of a family member, with
special attention given to the impact on children.
SEC. 113. REMOVAL OF LIMITATION ON AMOUNT OF FUNDS AVAILABLE FOR
CORRECTIONS EDUCATION PROGRAMS UNDER THE ADULT EDUCATION
AND FAMILY LITERACY ACT.
(a) In General.--Section 222(a)(1) of the Adult Education and
Family Literacy Act (20 U.S.C. 9222(a)(1)) is amended by striking ``,
of which not more than 10 percent of the 82.5 percent shall be
available to carry out section 225''.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Education shall submit to Congress a
report--
(1) on the use of literacy funds provided under the Adult
Education and Family Literacy Act (20 U.S.C. 9201 et seq.) to
correctional institutions, as defined in section 225(d)(2) of
such Act (20 U.S.C. 9225(d)(2)); and
(2) that--
(A) specifies the amount of literacy funds that are
provided to each category of correctional institution
in each State; and
(B) identifies whether funds are being sufficiently
allocated among the various types of institutions.
SEC. 114. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS.
Section 821 of the Higher Education Amendments of 1998 (20 U.S.C.
1151) is amended to read as follows:
``SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS.
``(a) Definition.--In this section, the term `youth offender' means
a male or female offender who is--
``(1) 30 years of age or younger; and
``(2) incarcerated in a State prison, including a
prerelease facility.
``(b) Grant Program.--The Secretary of Education (in this section
referred to as the `Secretary')--
``(1) shall establish a program in accordance with this
section to provide grants to the State correctional education
agencies in the States, from allocations for the States under
subsection (h), to assist and encourage youth offenders to
acquire functional literacy, life, and job skills, through--
``(A) the pursuit of a postsecondary education
certificate, or an associate or bachelor's degree while
in prison; and
``(B) employment counseling and other related
services which start during incarceration and end not
later than 1 year after release from confinement; and
``(2) may establish such performance objectives and
reporting requirements for State correctional education
agencies receiving grants under this section as the Secretary
determines are necessary to assess the effectiveness of the
program under this section.
``(c) Application.--To be eligible for a grant under this section,
a State correctional education agency shall submit to the Secretary a
proposal for a youth offender program that--
``(1) identifies the scope of the problem, including the
number of youth offenders in need of postsecondary education
and career and technical education;
``(2) lists the accredited public or private educational
institution or institutions that will provide postsecondary
educational services;
``(3) lists the cooperating agencies, public and private,
or businesses that will provide related services, such as
counseling in the areas of career development, substance abuse,
health, and parenting skills;
``(4) describes how the proposed program will educate youth
offenders on how to withdraw themselves from criminal street
gangs;
``(5) describes specific performance objectives and
evaluation methods (in addition to, and consistent with, any
objectives established by the Secretary under subsection
(b)(2)) that the State correctional education agency will use
in carrying out its proposal, including--
``(A) specific and quantified student outcome
measures that are compared with outcomes for non-
program participants with similar demographic
characteristics; and
``(B) measures, consistent with the data elements
and definitions described in subsection (d)(1)(A), of--
``(i) program completion, including an
explicit definition of what constitutes a
program completion within the proposal;
``(ii) knowledge and skill attainment,
including specification of instruments that
will measure knowledge and skill attainment;
``(iii) attainment of employment both
before and after release;
``(iv) success in employment indicated by
job retention and advancement; and
``(v) recidivism, including such
subindicators as time before subsequent offense
and severity of subsequent offense;
``(6) describes how the proposed programs are to be
integrated with existing State correctional education programs
(such as adult education, graduate education degree programs,
and career and technical education) and State industry
programs;
``(7) describes how the proposed programs will utilize
technology to deliver the services under this section; and
``(8) describes how students will be selected so that only
youth offenders eligible under subsection (e) will be enrolled
in a program receiving a grant under this section.
``(d) Program Requirements.--Each State correctional education
agency receiving a grant under this section shall--
``(1) annually report to the Secretary regarding--
``(A) the results of the evaluations conducted
using data elements and definitions provided by the
Secretary for the use of State correctional education
programs;
``(B) any objectives or requirements established by
the Secretary pursuant to subsection (b)(2); and
``(C) the additional performance objectives and
evaluation methods contained in the proposal described
in subsection (c)(4), as necessary to document the
attainment of project performance objectives; and
``(2) expend on each participating eligible student for an
academic year, not more than the maximum Federal Pell Grant
appropriated under section 401 of the Higher Education Act of
1965 for such academic year, which shall be used for--
``(A) tuition, books, and essential materials; and
``(B) related services such as career development,
substance abuse counseling, parenting skills training,
and health education.
``(e) Student Eligibility.--A youth offender shall be eligible for
participation in a program receiving a grant under this section if the
youth offender is eligible to be released within 5 years (including a
youth offender who is eligible for parole within such time).
``(f) Length of Participation.--A State correctional education
agency receiving a grant under this section shall provide educational
and related services to each participating youth offender for a period
not to exceed 5 years, 1 year of which may be devoted to study in a
graduate education degree program or to remedial education services for
students who have obtained a secondary school diploma or its recognized
equivalent. Educational and related services shall start during the
period of incarceration in prison or prerelease, and the related
services may continue for not more than 1 year after release from
confinement.
``(g) Education Delivery Systems.--State correctional education
agencies and cooperating institutions shall, to the extent practicable,
use high-tech applications in developing programs to meet the
requirements and goals of this section.
``(h) Allocation of Funds.--From the funds authorized to be
appropriated under subsection (i) for each fiscal year, the Secretary
shall allot to each State an amount that bears the same relationship to
such funds as the total number of youth offenders eligible under
subsection (e) in such State bears to the total number of such youth
offenders in all States.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $30,000,000 for fiscal years
2011 and 2012.''.
SEC. 115. IMPROVED REENTRY PROCEDURES FOR FEDERAL PRISONERS.
(a) General Reentry Procedures.--The Attorney General shall take
such steps as are necessary to modify existing procedures and policies
to enhance case planning and to improve the transition of offenders
from the custody of the Bureau of Prisons to the community, including
placement of such individuals in community corrections facilities.
(b) Procedures Regarding Benefits.--
(1) In general.--The Bureau of Prisons shall establish
reentry planning procedures within the Release Preparation
Program that include providing Federal offenders with
information relating to:
(A) health and nutrition;
(B) employment;
(C) personal finance and consumer skills;
(D) information and community resources;
(E) release requirements and procedures; and
(F) personal growth and development.
(2) Format.--
(A) Written information provided to offenders.--Any
written information that the Bureau of Prisons provides
to offenders for reentry planning purposes shall use
common terminology and language.
(B) Medical information.--
(i) In general.--The Bureau of Prisons
shall provide the United States Probation and
Pretrial Services System with relevant
information on the medical care needs and the
mental health treatment needs of offenders
scheduled for release and reentry into the
community.
(ii) Consideration of information.--The
United States Probation and Pretrial Services
System shall take this information into account
when developing supervision plans in an effort
to address the medical care and mental health
care needs of such offenders.
(C) Provision of medications.--The Bureau of
Prisons shall provide offenders with a sufficient
amount of all necessary medications upon release from
custody.
Subtitle C--Economic Empowerment
SEC. 121. EXPANSION AND REAUTHORIZATION OF THE MENTORING INITIATIVE FOR
SYSTEM INVOLVED YOUTH.
(a) Expansion.--Section 261(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5665(a)) is amended by
inserting at the end the following: ``The Administrator shall expand
the number of sites receiving such grants from 4 to 12.''
(b) Reauthorization.--Section 299 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is amended by
striking subsection (c) and inserting the following:
``(c) Authorization of Appropriations for Part E.--There are
authorized to be appropriated to carry out part E $4,800,000 for each
of the fiscal years 2011, 2012, 2013, 2014, and 2015.''.
SEC. 122. REAUTHORIZATION OF LEARN AND SERVE AMERICA.
Section 501(a)(1)(A) of the National and Community Service Act of
1990 (42 U.S.C. 12681(a)(1)(A)) is amended by striking ``subchapter I''
and all that follows and inserting ``subchapter I $100,000,000 for each
of fiscal years 2011 through 2015.''.
SEC. 123. AMENDMENTS TO WORK OPPORTUNITY TAX CREDIT.
(a) Increase of Credit Percentage.--Subsection (a) of section 51 of
the Internal Revenue Code of 1986 is amended by striking ``40 percent''
and inserting ``50 percent''.
(b) Increase of Limitation.--
(1) In general.--Paragraph (3) of section 51(b) of the
Internal Revenue Code of 1986 is amended by striking ``$6,000
per year'' and all that follows and inserting ``$12,000 per
year.''.
(2) Conforming amendments.--
(A) Clause (ii) of section 51(d)(7)(B) of such Code
is amended by striking ``$6,000'' and inserting
``$12,000''.
(B) Subparagraph (A) of section 51(h)(1) of such
Code is amended by striking ``$6,000'' and inserting
``$12,000''.
(c) Inclusion of Second-Year Wages.--
(1) In general.--Subsection (a) of section 51 of the
Internal Revenue Code of 1986 is amended by striking
``qualified first-year wages'' and inserting ``qualified
wages''.
(2) Definitions.--
(A) In general.--Paragraph (1) of section 51(b) of
such Code is amended by inserting ``which are
attributable to service rendered during the 2-year
period beginning with the day the individual begins
work for the employer.''.
(B) Conforming amendment.--Subsection (b) of
section 51 of such Code is amended by striking
paragraph (2) and by redesignating paragraph (3) as
paragraph (2).
(3) Conforming amendments.--
(A) Paragraph (2) of section 51(b) of such Code, as
redesignated by paragraph (2)(B), is amended by
striking ``qualified first-year wages'' and inserting
``qualified wages''.
(B) Subsection (e) of section 51 of such Code is
amended by adding at the end the following new
paragraph:
``(4) Termination.--This paragraph shall not apply with
respect to any individual who begins work for the employer
after the date of the enactment of the Fighting Gangs and
Empowering Youth Act of 2010.''.
(d) Extension.--Subparagraph (B) of section 51(c)(4) of the
Internal Revenue Code of 1986 is amended by striking ``August 31,
2011'' and inserting ``August 31, 2014''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply with respect to
individuals who begin work for an employer after the date of
the enactment of this Act.
(2) Extension.--The amendment made by subsection (d) shall
apply with respect to individuals who begin work for an
employer after August 31, 2011.
TITLE II--GANG ACTIVITY POLICING PROGRAM
SEC. 201. AUTHORITY TO MAKE GANG ACTIVITY POLICING GRANTS.
The Attorney General may make grants to States, units of local
government, Indian tribes, other public and private entities, and
multi-jurisdictional or regional consortia thereof to--
(1) increase police presence;
(2) expand and improve cooperative efforts between law
enforcement agencies and members of the community to address
gang activity problems; and
(3) otherwise enhance public safety.
SEC. 202. ELIGIBLE ACTIVITIES.
Grants made under this subtitle may include programs, projects, and
other activities to--
(1) rehire law enforcement officers who have been laid off
as a result of State and local budget reductions for deployment
to reduce gang activity;
(2) hire and train additional career law enforcement
officers for deployment to reduce gang activity;
(3) procure equipment, technology, or support systems, or
pay overtime, to increase the number of officers deployed in
gang activity policing;
(4) hire officers to perform intelligence activities to
reduce gang activity;
(5) increase the number of law enforcement officers
involved in activities that are focused on interaction with
members of the community or on proactive gang control and
prevention by redeploying officers to such activities;
(6) establish and implement innovative programs to increase
and enhance proactive crime control and gang prevention
programs involving law enforcement officers and young persons
in the community;
(7) establish school-based partnerships between local law
enforcement agencies and local school systems by using school
resource officers who operate in and around elementary and
secondary schools to combat gangs;
(8) create and disseminate anti-gang campaigns through
broadcast advertisements and materials to schools to highlight
after school, educational, and recreational activities;
(9) develop new technologies, including interoperable
communications technologies, modernized criminal record
technology, and forensic technology, to assist State and local
law enforcement agencies in reducing gang activity and to train
law enforcement officers to use such technologies; and
(10) support the purchase by law enforcement agencies of
not more than 1 service weapon per officer, upon hiring for
deployment in gang activity policing or, if necessary, upon the
initial redeployment of an officer to gang activity policing.
SEC. 203. PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CERTAIN
GRANTS.
In awarding grants under this subtitle, the Attorney General may
give preferential consideration to applicants--
(1) for the hiring and rehiring of additional career law
enforcement officers that involve a non-Federal contribution
exceeding the 25 percent minimum under this subtitle;
(2) that are located in a high-intensity interstate gang
activity area designated under section 204; and
(3) that coordinate with after-school programs, nonprofit
organizations, schools, and community organizations to create
municipal-wide alliances to suppress gang activity.
SEC. 204. DESIGNATION OF HIGH-INTENSITY INTERSTATE GANG ACTIVITY AREAS.
(a) In General.--The Attorney General may, after consultation with
the Governor of each affected State, designate a specific area that is
located in not less than 1 State as a high-intensity interstate gang
activity area.
(b) Factors for Consideration.--In making a designation under
subsection (a), the Attorney General shall consider the extent to
which--
(1) the area is a significant center of gang activity;
(2) State, local, and tribal law enforcement agencies have
committed resources to respond to the gang crime problem in the
area, thereby indicating a determination to respond
aggressively to the problem;
(3) gang activities in the area are having a significant
harmful impact in the area, and in other areas of the country;
(4) a significant increase in allocation of Federal
resources is necessary to respond adequately to gang-related
activities in the area; and
(5) any other criteria as the Director determines to be
appropriate.
(c) Merging of Areas.--To the extent that the goals of a high-
intensity interstate gang activity area overlap with the goals of a
high-intensity drug trafficking area designated under section 707 of
the Office of the National Drug Control Policy Reauthorization Act of
1988 (21 U.S.C. 1706), the Attorney General may merge the 2 areas to
serve both functions.
(d) Local Comment.--The Attorney General may not make a final
designation under subsection (a) without consulting with and receiving
comment from local elected officials representing communities within
the affected States.
SEC. 205. USE OF COMPONENTS.
The Attorney General may use any component of the Department of
Justice in carrying out this subtitle.
SEC. 206. MINIMUM AMOUNT.
(a) Definition.--In this section, the term ``qualifying State''
means any State that has submitted an application for a grant, or in
which a unit of local government, Indian tribe, other public or private
entity, or multijurisdictional or regional consortia thereof has
submitted an application for a grant, that meets the requirements
established by the Attorney General under this subtitle.
(b) Minimum Amount.--Unless all applications submitted by any
qualifying State and grantee within that State under this subtitle have
been funded, each qualifying State, together with grantees within that
State, shall receive in each fiscal year under this subtitle an amount
equal to not less than 0.5 percent of the total amount appropriated in
that fiscal year for grants under this subtitle.
SEC. 207. MATCHING FUNDS.
(a) In General.--The Federal share of the costs of a program,
project, or activity carried out with a grant under this subtitle shall
be not more than 75 percent, unless the Attorney General waives, wholly
or in part, the requirement under this section of a non-Federal
contribution to the costs of a program, project, or activity.
(b) Hiring.--For a grant for a period exceeding 1 year for hiring
or rehiring career law enforcement officers, the Federal share shall
decrease each year for up to 5 years, by an amount determined by the
Attorney General, with a goal of the continuation of the increased
hiring level using State or local sources of funding following the
conclusion of Federal support.
SEC. 208. PROVIDING ADDITIONAL FORENSIC EXAMINERS.
Section 816 of the USA PATRIOT Act (28 U.S.C. 509 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following:
``(5) to hire additional forensic examiners to help with
forensic work and to fight gang activity; and''; and
(2) in subsection (b), by amending paragraph (1) to read as
follows:
``(1) Authorization of appropriations.--There is authorized
to be appropriated $55,000,000 for each fiscal year to carry
out this section.''.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle
$700,000,000 for each of the fiscal years 2011 through 2015. Any amount
appropriated under this section shall remain available until expended.
SEC. 210. PERFORMANCE EVALUATION.
(a) Monitoring Components.--
(1) In general.--Each program, project, or activity funded
under this title shall contain a monitoring component,
developed in accordance with guidelines established by the
Attorney General.
(2) Requirement.--A monitoring component required under
paragraph (1) shall include--
(A) systematic identification and collection of
data about activities, accomplishments, and programs
throughout the life of the program, project, or
activity; and
(B) presentation of the data described in
subparagraph (A) in a usable form.
(b) Evaluation Components.--
(1) In general.--Selected grant recipients shall be
evaluated on the local level or as part of a national
evaluation, in accordance with guidelines established by the
Attorney General.
(2) Assessment of individual programs.--An evaluation
conducted under paragraph (1) may include assessments of
individual program implementations.
(3) Effectiveness.--
(A) In general.--In selected jurisdictions that are
able to support outcome evaluations, the effectiveness
of funded programs, projects, and activities may be
required.
(B) Measures.--Outcome evaluations conducted under
subparagraph (A) may include--
(i) crime and victimization indicators;
(ii) quality of life measures;
(iii) community perceptions; and
(iv) police perceptions of their own work.
(c) Periodic Reviews and Reports.--The Attorney General may require
a grant recipient to submit to the Attorney General the results of the
monitoring and evaluations required under subsections (a) and (b) and
such other data and information as the Attorney General determines to
be reasonably necessary.
(d) Report to Congress.--
(1) In general.--Beginning not later than October 1, 2011,
the Attorney General shall submit to Congress annual reports
describing the extent to which the approaches under section 202
have been successful in reducing the rate of gang activity in
the communities in which the approaches have been carried out.
(2) Contents.--A report submitted under paragraph (1) shall
describe the extent and effectiveness to which the various
approaches have--
(A) reduced recorded crime and disorder incidents
related to criminal street gangs;
(B) reduced public fear and perceptions about
criminal street gangs;
(C) reduced calls for police service related to
criminal street gangs;
(D) reduced criminal street gang homicides;
(E) reduced criminal street gang drug crimes; and
(F) improved perceptions of safety among
neighborhood youth, other community members, and local
merchants.
TITLE III--PUNISHMENT AND IMPROVED CRIME DATA
Subtitle A--Gang Crimes
SEC. 301. CRIMINAL STREET GANGS.
(a) Criminal Street Gang Prosecutions.--Section 521 of title 18,
United States Code, is amended to read as follows:
``Sec. 521. Criminal street gang prosecutions
``(a) Definitions.--As used in this chapter:
``(1) Criminal street gang.--The term `criminal street
gang' means a formal or informal continually operating group,
club, organization, or association of 5 or more individuals--
``(A) who individually, jointly, or in combination,
have knowingly committed or attempted to commit for the
direct or indirect benefit of, at the direction of, in
furtherance of, or in association with the group, club
organization, or association at least 2 separate acts,
each of which is a predicate gang crime--
``(i) 1 of which occurs after the date of
enactment of the Fighting Gangs and Empowering
Youth Act of 2010;
``(ii) the last of which occurs not later
than 5 years after the commission of a prior
predicate gang crime (excluding any period of
imprisonment); and
``(iii) 1 of which is a crime of violence
or involves manufacturing, importing,
distributing, possessing with intent to
distribute, or otherwise dealing in a
controlled substance or listed chemical (as
those terms are defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(B) whose purpose or purposes is the commission
of at least 2 separate criminal acts, each of which is
a predicate gang crime; and
``(C) whose activities affect interstate or foreign
commerce, or involve the use of any facility of, or
travel in, interstate or foreign commerce.
``(2) Predicate gang crime.--The term `predicate gang
crime' means--
``(A) any act, threat, conspiracy, or attempted
act, which is chargeable under Federal or State law and
punishable by imprisonment for more than 1 year
involving--
``(i) murder;
``(ii) manslaughter;
``(iii) maiming;
``(iv) assault with a dangerous weapon;
``(v) assault resulting in serious bodily
injury;
``(vi) kidnapping;
``(vii) robbery;
``(viii) extortion;
``(ix) arson;
``(x) tampering with or retaliating against
a witness, victim, or informant;
``(xi) burglary;
``(xii) sexual assault;
``(xiii) carjacking; or
``(xiv) manufacturing, importing,
distributing, possessing with intent to
distribute, or otherwise dealing in a
controlled substance or listed chemicals (as
those terms are defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(B) any act punishable by imprisonment for more
than 1 year under--
``(i) section 844 (relating to explosive
materials);
``(ii) section 922(g)(1) (where the
underlying conviction is a violent felony (as
defined in section 924(e)(2)(B) of this title)
or is a serious drug offense (as defined in
section 924(e)(2)(A) of this title));
``(iii) subsection (a)(2), (b), (c), (g),
or (h) of section 924 (relating to receipt,
possession, and transfer of firearms);
``(iv) section 930 (relating to possession
of firearms and dangerous weapons in Federal
facilities);
``(v) section 931 (relating to purchase,
ownership, or possession of body armor by
violent felons);
``(vi) sections 1028 and 1029 (relating to
fraud and related activity in connection with
identification documents or access devices);
``(vii) section 1512 (relating to tampering
with a witness, victim, or informant) or
section 1513 (relating to retaliating against a
witness, victim, or informant);
``(viii) section 1951 (relating to
interference with commerce, robbery or
extortion);
``(ix) section 1952 (relating to
racketeering);
``(x) section 1956 (relating to the
laundering of monetary instruments);
``(xi) section 1957 (relating to engaging
in monetary transactions in property derived
from specified unlawful activity);
``(xii) section 1958 (relating to use of
interstate commerce facilities in the
commission of murder-for-hire); or
``(xiii) sections 2312 through 2315
(relating to interstate transportation of
stolen motor vehicles or stolen property); or
``(C) any crime involving aggravated sexual abuse,
sexual assault, pimping or pandering involving
prostitution, sexual exploitation of children
(including sections 2251, 2251A, 2252 and 2260),
peonage, slavery, or trafficking in persons (including
sections 1581 through 1592) and sections 2421 through
2427 (relating to transport for illegal sexual
activity).
``(3) Sexual assault.--The term `sexual assault' means any
offense that involves conduct that would violate chapter 109A
if the conduct occurred in the special maritime and territorial
jurisdiction of the United States.
``(4) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
``(5) Pattern of criminal gang activity.--The term `pattern
of criminal gang activity' means 2 or more predicate gang
crimes that are related to each other or to related to the
membership of the perpetrator in a group, club or association.
``(b) Participation in Criminal Street Gangs.--It shall be
unlawful--
``(1) to engage, or conspire, or attempt to engage in a
pattern of criminal gang activity--
``(A) in furtherance or in aid of the illegal
activities of a criminal street gang;
``(B) for the purpose of gaining entrance to or
maintaining or increasing position in such a gang; or
``(C) for the direct or indirect benefit of the
criminal street gang, or in association with the
criminal street gang; or
``(2) to employ, use, command, counsel, persuade, induce,
entice, or coerce any individual to commit, cause to commit, or
facilitate the commission of, a predicate gang crime--
``(A) in furtherance or in aid of the activities of
a criminal street gang;
``(B) for the purpose of gaining entrance to or
maintaining or increasing position in such a gang; or
``(C) for the direct or indirect benefit of the
criminal street gang, or in association with the
criminal street gang.
``(c) Penalties.--Whoever violates subsection (b)--
``(1) shall be fined under this title, imprisoned for not
more than 30 years, or both; and
``(2) if the violation is based on a predicate gang crime
for which the maximum penalty includes life imprisonment, shall
be fined under this title, imprisoned for any term of years or
for life, or both.
``(d) Civil Procedures.--Property subject to forfeiture under
paragraph (1) may be forfeited in a civil case under the procedures set
forth in chapter 46 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 26 of title 18, United States Code, is amended by striking the
item relating to section 521 and inserting the following:
``521. Criminal street gang prosecutions.''.
SEC. 302. SOLICITATION OR RECRUITMENT OF PERSONS AND VIOLENT CRIMES IN
FURTHERANCE OR IN AID OF CRIMINAL STREET GANGS.
(a) Solicitation or Recruitment of Persons in Criminal Street Gang
Activity.--Chapter 26 of title 18, United States Code, is amended by
adding at the end the following:
``Sec. 522. Recruitment of persons to participate in a criminal street
gang
``(a) Prohibited Acts.--It shall be unlawful for any person to
knowingly recruit, employ, solicit, induce, command, or cause another
person to be or remain as a member of a criminal street gang, or
conspire to do so, with the intent to cause that person to participate
in a predicate gang crime, if the defendant travels in interstate or
foreign commerce in the course of the offense, or if the activities of
that criminal street gang are in or affect interstate or foreign
commerce.
``(b) Definition of Minor.--In this section, the term `minor' means
a person who is less than 18 years of age.
``(c) Penalties.--Any person who violates subsection (a) shall--
``(1) be imprisoned not more than 10 years, fined under
this title, or both;
``(2) if the person recruited, solicited, induced,
commanded, or caused to participate or remain in a criminal
street gang is under the age of 18 years--
``(A) be imprisoned for not more than 20 years,
fined under this title, or both; and
``(B) at the discretion of the sentencing judge, be
liable for any costs incurred by the Federal
Government, or by any State or local government, for
housing, maintaining, and treating the person until the
person attains the age of 18 years; or
``(3) be subjected to an enhanced term of imprisonment if
the person who recruited, solicited, induced, commanded, or
caused another person to participate in a criminal street gang
is currently incarcerated when the activity occurs.
``Sec. 523. Violent crimes in furtherance or in aid of a criminal
street gang
``Any person who, for the purpose of gaining entrance to or
maintaining or increasing position in, or in furtherance or in aid of,
or for the direct or indirect benefit of, or in purposeful association
with a criminal street gang, or as consideration for the receipt of, or
as consideration for a promise or agreement to pay, anything of
pecuniary value to or from a criminal street gang, murders, kidnaps,
sexually assaults, maims, assaults with a dangerous weapon, commits
assault resulting in serious bodily injury upon, commits any other
predicate gang crime or threatens to commit a crime of violence against
any individual, or attempts or conspires to do so, shall be punished,
in addition and consecutive to the punishment provided for any other
violation of this chapter--
``(1) for murder, by imprisonment for any term of years or
for life, a fine under this title, or both;
``(2) for kidnapping or sexual assault, by imprisonment for
any term of years or for life, a fine under this title, or
both;
``(3) for maiming, by imprisonment for any term of years or
for life, a fine under this title, or both;
``(4) for assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for not
more than 30 years, a fine under this title, or both;
``(5) for any other predicate gang crime, by imprisonment
for not more than 20 years, a fine under this title, or both;
``(6) for threatening to commit a crime of violence
specified in paragraphs (1) through (4), by imprisonment for
not more than 10 years, a fine under this title, or both;
``(7) for attempting or conspiring to commit murder,
kidnapping, maiming, or sexual assault, by imprisonment for not
more than 30 years, a fine under this title, or both; and
``(8) for attempting or conspiring to commit a crime
involving assault with a dangerous weapon or assault resulting
in serious bodily injury, by imprisonment for not more than 20
years, a fine under this title, or both.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 26 of title 18, United States Code, is amended by adding at the
end the following:
``522. Recruitment of persons to participate in a criminal street gang.
``523. Violent crimes in furtherance of a criminal street gang.''.
SEC. 303. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF
RACKETEERING ENTERPRISES AND CRIMINAL STREET GANGS.
Section 1952 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``and thereafter performs or
attempts to perform'' and inserting ``and thereafter
performs, or attempts or conspires to perform''; and
(B) by striking ``5 years'' and inserting ``10
years'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Whoever travels in interstate or foreign commerce or uses the
mail or any facility in interstate or foreign commerce, with the intent
to kill, assault, bribe, force, intimidate, or threaten any person, to
delay or influence the testimony of, or prevent from testifying, a
witness in a State criminal proceeding and thereafter performs, or
attempts or conspires to perform, an act described in this subsection,
shall--
``(1) be fined under this title, imprisoned for any term of
years, or both; and
``(2) if death results, imprisoned for any term of years or
for life.''; and
(4) in subsection (c)(2), as redesignated under
subparagraph (B), by inserting ``intimidation of, or
retaliation against, a witness, victim, juror, or informant,''
after ``extortion, bribery,''.
SEC. 304. AMENDMENTS RELATING TO VIOLENT CRIME IN AREAS OF EXCLUSIVE
FEDERAL JURISDICTION.
(a) Assault Within Maritime and Territorial Jurisdiction of United
States.--Section 113(a)(3) of title 18, United States Code, is amended
by striking ``with intent to do bodily harm, and without just cause or
excuse,''.
(b) Manslaughter.--Section 1112(b) of title 18, United States Code,
is amended by--
(1) striking ``15 years'' and inserting ``20 years''; and
(2) striking ``8 years'' and inserting ``10 years''.
(c) Offenses Committed Within Indian Country.--Section 1153(a) of
title 18, United States Code, is amended by inserting ``an offense for
which the maximum statutory term of imprisonment under section 1363 is
greater than 5 years,'' after ``a felony under chapter 109A,''.
(d) Carjacking.--Section 2119 of title 18, United States Code, is
amended by striking ``, with the intent to cause death or serious
bodily harm''.
(e) Clarification of Prohibition on Firearm Transfer To Commit
Crime of Violence or Drug Trafficking Crime.--Section 924(h) of title
18, United States Code, is amended--
(1) by inserting ``, or will be possessed in furtherance
of,'' after ``commit''; and
(2) by striking ``10 years'' and inserting ``20 years''.
(f) Amendment of Special Sentencing Provision.--Section 3582(d) of
title 18, United States Code, is amended--
(1) by striking ``chapter 95 (racketeering) or 96
(racketeer influenced and corrupt organizations) of this
title'' and inserting ``section 521 (criminal street gangs) or
523 (violent crimes in furtherance or in aid of criminal street
gangs), in chapter 95 (racketeering) or 96 (racketeer
influenced and corrupt organizations),''; and
(2) by inserting ``a criminal street gang or'' before ``an
illegal enterprise''.
(g) Conforming Amendment Relating to Orders for Restitution.--
Section 3663(c)(4) of title 18, United States Code, is amended by
striking ``chapter 46 or chapter 96 of this title'' and inserting
``section 521, chapter 46, or chapter 96 of this title''.
(h) Special Provision for Indian Country.--No person subject to the
criminal jurisdiction of an Indian tribal government shall be subject
to section 3559(e) of title 18, United States Code, for any offense for
which Federal jurisdiction is solely predicated on the fact that the
offense was committed in Indian country (as defined in section 1151 of
such title 18) and which occurs within the boundaries of such Indian
country, unless the governing body of such Indian tribe elects to
subject the persons under the criminal jurisdiction of the tribe to
section 3559(e) of such title 18.
SEC. 305. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES
IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY
CRIMES OF VIOLENCE.
(a) In General.--Section 1958 of title 18, United States Code, is
amended--
(1) by striking the heading and inserting the following:
``1958. USE OF INTERSTATE COMMERCE FACILITIES IN THE COMMISSION OF
MURDER-FOR-HIRE AND OTHER FELONY CRIMES OF VIOLENCE.'';
(2) in subsection (a), by striking ``Whoever'' and all that
follows through ``conspires to do so'' and inserting the
following: ``Any person who travels in or causes another
(including the intended victim) to travel in interstate or
foreign commerce, or uses or causes another (including the
intended victim) to use the mail or any facility in interstate
or foreign commerce, with intent that a murder or other felony
crime of violence be committed in violation of the laws of any
State or the United States as consideration for the receipt of,
or as consideration for a promise or agreement to pay, anything
of pecuniary value, or who conspires to do so'';
(3) striking ``ten years'' and inserting ``20 years''; and
(4) by striking ``twenty years'' and inserting ``30
years''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 95 of title 18, United States Code, is amended
by striking the item relating to section 1958 and inserting the
following:
``Sec. 1958. Use of interstate commerce facilities in the commission of
murder-for-hire and other felony crimes of
violence.''.
SEC. 306. AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN GANG
AND VIOLENT CRIMES.
(a) Directive to the United States Sentencing Commission.--Pursuant
to its authority under section 994(p) of title 28, United States Code,
and in accordance with this section, the United States Sentencing
Commission shall review and, if appropriate, amend its guidelines and
its policy statements to conform to the amendments made by this title.
(b) Requirements.--In carrying out this section, the Sentencing
Commission shall--
(1) establish new guidelines and policy statements, as
warranted, in order to implement new or revised criminal
offenses created under this title;
(2) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offenses and the
penalties set forth in this title, the growing incidence of
serious gang and violent crimes, and the need to modify the
sentencing guidelines and policy statements to deter, prevent,
and punish such offenses;
(3) consider the extent to which the guidelines and policy
statements adequately address--
(A) whether the guideline offense levels and
enhancements for gang and violent crimes--
(i) are sufficient to deter and punish such
offenses; and
(ii) are adequate in view of the statutory
increases in penalties contained in the
amendments made by this title; and
(B) whether any existing or new specific offense
characteristics should be added to reflect
congressional intent to increase gang and violent crime
penalties, punish offenders, and deter gang and violent
crime;
(4) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(5) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(6) make any necessary conforming changes to the sentencing
guidelines; and
(7) assure that the guidelines adequately meet the purposes
of sentencing under section 3553(a)(2) of title 18, United
States Code.
SEC. 307. STUDY ON EXPANDING FEDERAL AUTHORITY FOR JUVENILE OFFENDERS.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report on
the costs and benefits associated with expanding Federal authority to
prosecute offenders under the age of 18 years who are gang members who
commit criminal offenses.
(b) Contents.--The report submitted under subsection (a) shall--
(1) examine the ability of the judicial systems of the
States to respond effectively to juveniles who are members of
criminal street gangs, as that term is defined in section 521
of title 18, United States Code, as amended by this Act;
(2) examine the extent to which offenders who are 16 and 17
years old are members of criminal street gangs, and are accused
of committing violent crimes and prosecuted in the adult
criminal justice systems of the individual States;
(3) determine the percentage of crimes committed by members
of criminal street gangs that are committed by offenders who
are 16 and 17 years old;
(4) examine the extent to which United States attorneys
bring criminal indictments and prosecute offenders under the
age of 18 years, and the extent to which United States
Attorneys' offices include prosecutors with experience
prosecuting juveniles for adult criminal violations;
(5) examine the extent to which the Bureau of Prisons
houses offenders under the age of 18 years, and has the ability
and experience to meet the needs of young offenders;
(6) estimate the cost to the Federal Government of
prosecuting and incarcerating members of criminal street gangs
who are 16 or 17 years old and are accused of violent crimes;
and
(7) detail any benefits for Federal prosecutions that would
be realized by expanding Federal authority to bring charges
against members of criminal street gangs who are 16 or 17 years
old and are accused of violent crimes.
SEC. 308. STUDY ON EXAMINING THE ROLE OF GANGS IN PRISONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Bureau of Prisons shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report on the prevalence of gangs in prisons.
(b) Contents.--The report submitted under subsection (a) shall--
(1) investigate the growth of gangs in our prison system;
(2) examine the extent to which non-gang member offenders
join gangs after arrival in prison;
(3) examine the extent to which current offenders and
members of criminal street gangs recruit, employ, solicit,
induce, command, or cause another person to be a member of a
criminal street gang after arrival in prison;
(4) determine the impact of incarcerating members of
similar criminal street gangs in the same prison;
(5) estimate the cost to the Federal Government of
incarcerating members of similar criminal street gangs in
different prisons; and
(6) provide any suggestions on how to suppress the growth
of criminal street gangs in our prison system.
Subtitle B--Firearms Offenses
SEC. 311. INCREASED PENALTIES FOR USE OF FIREARM IN CRIME OF VIOLENCE
OR DRUG TRAFFICKING CRIME.
(a) In General.--Section 924(c)(1)(A) of title 18, United States
Code, is amended--
(1) by striking ``shall'' and inserting ``or conspires to
use, carry, or possess a firearm during and in relation to any
such crime shall, for each instance in which the firearm is so
used, carried, or possessed'';
(2) in clause (i)--
(A) by striking ``5 years'' and inserting ``7
years''; and
(B) by adding ``or'' at the end;
(3) by striking clause (ii); and
(4) by redesignating clause (iii) as clause (ii).
(b) Conforming Amendments.--Section 924 of title 18, United States
Code, is amended--
(1) in subsection (c)--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph
(4); and
(2) by striking subsection (o).
Subtitle C--Crime Data
SEC. 321. STANDARDIZATION OF CRIME REPORTING AND INVESTIGATION.
(a) Expanding Uniform Crime Reporting.--Section 7332(c) of the
Uniform Federal Crime Reporting Act of 1988 (28 U.S.C. 534 note) is
amended by adding at the end the following:
``(4) Juvenile crime.--The Attorney General shall create a
separate category in the Uniform Crime Reports to distinguish
criminal offenses committed by juveniles.
``(5) Reporting by states and local governments.--
``(A) In general.--For each fiscal year beginning
after the date of enactment of the Fighting Gangs and
Empowering Youth Act of 2010, all departments and
agencies within a State or unit of local government
which routinely investigate complaints of criminal
activity, shall meet the requirements of paragraph (2).
``(B) Ineligibility for funds.--For any fiscal year
beginning after the date of enactment of the Fighting
Gangs and Empowering Youth Act of 2010, a State or unit
of local government that fails to comply with
subparagraph (A) shall not be eligible to receive any
of the funds that would otherwise be allocated for that
fiscal year to the State or unit of local government
under subtitle A of title II of such Act.
``(C) Reallocation.--Amounts not allocated to a
State or unit of local government under the subtitle
referred to in subparagraph (B) for failure to fully
comply with subparagraph (A) shall be reallocated under
that subtitle to States and units of local government
that have not failed to comply with such subparagraph.
``(D) Waiver.--The Attorney General shall waive the
requirements of subparagraph (A) if compliance with
such subparagraph by a State or unit of local
government would be unconstitutional under the
constitution of the applicable State.''.
(b) National Strategy for Investigation Coordination.--Section 7332
of the Uniform Federal Crime Reporting Act of 1988 (28 U.S.C. 534 note)
is amended by adding at the end the following:
``(h) National Strategy for Investigation Coordination.--
``(1) Coordination.--The Attorney General shall develop a
national strategy to coordinate, consolidate, and standardize
all investigations by Federal law enforcement agencies of
crimes that are included in the Uniform Crime Reports.
``(2) Report.--Not later than January 1, 2011, the Attorney
General shall submit a report to the President and Congress--
``(A) outlining the strategy developed under
paragraph (1); and
``(B) describing the efforts and strategy of the
Department of Justice in consolidating and
standardizing data on all crimes that are included in
the Uniform Crime Reports.''.
SEC. 322. CONSOLIDATING AND STANDARDIZING GANG-RELATED CRIME DATA.
Section 150008 of the Violent Crime Control and law Enforcement Act
of 1994 (42 U.S.C. 14062) is amended--
(1) in subsection (a), by inserting ``, consolidate, and
standardize all'' after ``strategy to coordinate'';
(2) in subsection (b), by striking ``acquire and collect''
and inserting ``acquire, collect, consolidate, and standardize
all'';
(3) by amending subsection (c) to read as follows:
``(c) Report.--Not later than January 1, 2011, the Attorney General
shall submit a report to the President and Congress--
``(1) outlining the strategy developed under subsection
(a); and
``(2) describing the efforts and strategy of the Department
of Justice in consolidating and standardizing data on national
gang offenses.''; and
(4) in subsection (d), by striking ``$1,000,000 for fiscal
year 1996'' and inserting ``$2,000,000 for fiscal year 2011''.
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