I 

115TH CONGRESS 

2D SESSION H. R. 5164 

To expand economic opportunities, improve community policing, and promote 

common-sense gun violence prevention in underserved communities, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2018 

Ms. KELLY of Illinois (for herself, Ms. CLARK of Massachusetts, Mr. AL

GREEN of Texas, Ms. CLARKE of New York, Ms. MOORE, Mr. SERRANO, 

Ms. MAXINE WATERS of California, Ms. DEGETTE, Ms. SCHAKOWSKY, 

Mr. DANNY K. DAVIS of Illinois, Mr. HASTINGS, and Ms. NORTON) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, Financial Services, Ways and Means, Small Business, Oversight 

and Government Reform, Agriculture, Rules, and Energy and Commerce, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To expand economic opportunities, improve community policing, and promote common-sense gun violence prevention 

in underserved communities, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Urban Progress Act of 2018’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SUSTAINABLE COMMUNITY ECONOMIC DEVELOPMENT 

Subtitle A—Rental Assistance Housing Preservation and Rehabilitation Act 

Sec. 101. Short title. 

Sec. 102. Amendments to rental assistance demonstration. 

Subtitle B—Hire For a Second Chance Act 

Sec. 111. Short title. 

Sec. 112. Extension and modification of work opportunity tax credit. 

Subtitle C—Community Investment and Empowerment Act 

Sec. 121. Short title. 

Sec. 122. Purpose. 

Sec. 123. Economic growth, retention, and recruitment of commercial investment in underserved communities. 

Subtitle D—Promote Start-Ups Act 

Sec. 131. Short title. 

Sec. 132. Permanent increase of limitation on deduction for start-up and organizational expenditures. 

Subtitle E—Community College to Career Fund Act 

Sec. 141. Short title. 

Sec. 142. Community College to Career Fund. 

Subtitle F—Youth Summer Jobs and Public Service Act 

Sec. 151. Short title. 

Sec. 152. Grants to States for summer employment for youth. 

Subtitle G—Child Poverty Reduction Act 

Sec. 161. Short title. 

CHAPTER 1—FEDERAL INTERAGENCY WORKING GROUP ON REDUCING

CHILD POVERTY

Sec. 162. Establishment of Working Group. 

Sec. 163. National plan to reduce child poverty. 

Sec. 164. Other duties. 

Sec. 165. Membership. 

Sec. 166. Director and staff. 

Sec. 167. Reporting requirements. 

CHAPTER 2—WORKSHOPS BY NATIONAL ACADEMY OF SCIENCES

Sec. 168. Requirement to enter into agreement with National Academy of 

Sciences. 


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Sec. 169. Workshop topics. 

Sec. 170. Reporting requirement. 

Sec. 171. Authorization of appropriations. 

CHAPTER 3—DEFINITIONS

Sec. 172. Definitions. 

Subtitle H—Hunger-Free Summers for Children 

Sec. 181. Summer SNAP benefits for minor children who received free or reduced price school lunches. 

Sec. 182. Child tax credit increased for families under 150 percent of poverty 

line. 

TITLE II—COMMUNITY POLICING 

Subtitle A—Fair Chance for Youth 

Sec. 201. Short title. 

Sec. 202. Expungement and sealing of youth criminal records. 

Sec. 203. Retroactive effect. 

Subtitle B—Youth Prison Reduction Through Opportunities, Mentoring, 

Intervention, Support, and Education 

Sec. 211. Short title. 

Sec. 212. Definitions. 

Sec. 213. Findings. 

CHAPTER 1—FEDERAL COORDINATION OF LOCAL AND TRIBAL JUVENILE

JUSTICE INFORMATION AND EFFORTS

Sec. 214. PROMISE Advisory Panel. 

Sec. 215. Geographic assessment of resource allocation. 

CHAPTER 2—PROMISE GRANTS

Sec. 216. Purposes. 

SUBCHAPTER A—PROMISE ASSESSMENT AND PLANNING GRANTS

Sec. 217. PROMISE Assessment and Planning grants authorized. 

Sec. 218. PROMISE Coordinating Councils. 

Sec. 219. Needs and strengths assessment. 

Sec. 220. PROMISE Plan components. 

Sec. 221. Authorization of appropriations. 

SUBCHAPTER B—PROMISE IMPLEMENTATION GRANTS

Sec. 222. PROMISE Implementation grants authorized. 

Sec. 223. PROMISE Implementation grant application requirements. 

Sec. 224. Grant award guidelines. 

Sec. 225. Reports. 

Sec. 226. Authorization of appropriations. 

SUBCHAPTER C—GENERAL PROMISE GRANT PROVISIONS

Sec. 227. Nonsupplanting clause. 

Sec. 228. Grant application review panel. 


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Sec. 229. Evaluation of PROMISE grant programs. 

Sec. 230. Reservation of funds. 

CHAPTER 3—PROMISE RESEARCH CENTERS

Sec. 231. Establishment of the National Research Center for Proven Juvenile 

Justice Practices. 

Sec. 232. Grants for regional research proven practices partnerships. 

Subtitle C—Safe Streets and Representative Police Forces 

Sec. 241. Short title. 

Sec. 242. Grants to increase the racial diversity of law enforcement agencies. 

TITLE III—COMMON SENSE GUN VIOLENCE PREVENTION 

Subtitle A—Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and 

Crime Prevention 

Sec. 301. Short title. 

Sec. 302. Firearms trafficking. 

Subtitle B—Report on Effects of Gun Violence on Public Health 

Sec. 311. Report on effects of gun violence on public health. 

Sec. 312. Prohibition on certain amendments to appropriations measures. 

Subtitle C—Keeping Guns From High-Risk Individuals 

Sec. 321. Short title. 

Sec. 322. Firearm prohibitions applicable with respect to certain high-risk individuals. 

Subtitle D—Strengthening Gun Checks Act 

Sec. 341. Short title; table of contents. 

CHAPTER 1—ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT

CRIMINAL BACKGROUND CHECK SYSTEM

Sec. 342. States to make data electronically available to the National Instant 

Criminal Background Check System. 

Sec. 343. Requirement that Federal agencies certify that they have submitted 

to the National Instant Criminal Background Check System all 

records identifying persons prohibited from purchasing firearms under Federal law. 

Sec. 344. Adjudicated as a mental defective. 

Sec. 345. Clarification that Federal court information is to be made available 

to the National Instant Criminal Background Check System. 

CHAPTER 2—REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE

Sec. 346. Purpose. 

Sec. 347. Firearms transfers. 

Sec. 348. Lost and stolen reporting. 

Subtitle E—Background Check Completion Act 

Sec. 351. Short title. 


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Sec. 352. Elimination of requirement that a firearms dealer transfer a firearm 

if the national instant criminal background check system has 

been unable to complete a background check of the prospective 

transferee within 3 business days. 

1 TITLE I—SUSTAINABLE COMMU2 NITY ECONOMIC DEVELOP3 MENT 

4 Subtitle A—Rental Assistance 

5 Housing Preservation and Reha6 bilitation Act 

7 SEC. 101. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Rental Assistance 

9 Housing Preservation and Rehabilitation Act of 2018’’. 

10 SEC. 102. AMENDMENTS TO RENTAL ASSISTANCE DEM11 ONSTRATION. 

12 (a) AMENDMENTS.—The matter in the heading 

13 ‘‘Rental Assistance Demonstration’’ in title II of the 

14 Transportation, Housing and Urban Development, and 

15 Related Agencies Appropriations Act, 2012 (division C of 

16 Public Law 112–55; 125 Stat. 673) is amended— 

17 (1) by striking ‘‘(except for funds allocated 

18 under such section for single room occupancy dwell19 ings as authorized by title IV of the McKinney20 Vento Homeless Assistance Act)’’ each place such 

21 phrase appears; 


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1 (2) in the third proviso by inserting ‘‘in excess 

2 of amounts made available under this heading’’ after 

3 ‘‘associated with such conversion’’; 

4 (3) in the fourth proviso— 

5 (A) by striking ‘‘60,000’’ and inserting 

6 ‘‘150,000’’; and 

7 (B) by striking ‘‘or section 8(e)(2)’’; and 

8 (4) in the penultimate proviso by striking ‘‘and 

9 2013’’ and inserting ‘‘through 2016’’. 

10 (b) APPLICABILITY.—The amendments made by sub11 section (a) shall apply only to any amounts that are made 

12 available for fiscal year 2014 or any fiscal year thereafter 

13 for carrying out the demonstration program established 

14 under the heading referred to in subsection (a). 

15 Subtitle B—Hire For a Second 

16 Chance Act 

17 SEC. 111. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘Hire For a Second 

19 Chance Act of 2018’’. 

20 SEC. 112. EXTENSION AND MODIFICATION OF WORK OP21 PORTUNITY TAX CREDIT. 

22 (a) CREDIT MADE PERMANENT.—Section 51(c) of 

23 the Internal Revenue Code of 1986 is amended by striking 

24 paragraph (4) and redesignating paragraph (5) as para25 graph (4). 


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1 (b) INCREASE IN WAGE LIMITATION FOR EX-FEL2 ONS.— 

3 (1) LIMITATION ON WAGES TAKEN INTO AC4 COUNT.—Section 51(b)(3) of such Code is amend5 ed— 

6 (A) by striking ‘‘subsection (d)(3)(A)(iv), 

7 and’’ and inserting ‘‘subsection (d)(3)(A)(iv),’’, 

8 and 

9 (B) by striking ‘‘subsection 

10 (d)(3)(A)(ii)(II))’’ and inserting ‘‘subsection 

11 (d)(3)(A)(ii)(II), and $14,000 in the case of 

12 any individual who is an ex-felon by reason of 

13 subsection (d)(4))’’. 

14 (2) INFLATION ADJUSTMENT.—Section 51(b) of 

15 such Code is amended by adding at the end the fol16 lowing: 

17 ‘‘(4) ADJUSTMENT FOR INFLATION.—In the 

18 case of any taxable year beginning after 2016, the 

19 $14,000 dollar amount contained in paragraph (3) 

20 relating to ex-felons shall be increased by an amount 

21 equal to the product of— 

22 ‘‘(A) such dollar amount, and 

23 ‘‘(B) the cost of living adjustment deter24 mined under section 1(f)(3) for the calendar 

25 year in which the taxable year begins deterVerDate Sep 11 2014 03:25 Mar 10, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5164.IH H5164

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1 mined by substituting ‘calendar year 2015’ for 

2 ‘calendar year 1992’ in subparagraph (B) 

3 thereof. 

4 If any increase determined under the preceding sen5 tence is not a multiple of $50, such increase shall 

6 be rounded to the next lowest multiple of $50.’’. 

7 (c) QUALIFIED EX-FELON.—Section 51(d)(4)(B) of 

8 such Code is amended by striking ‘‘1 year’’ and inserting 

9 ‘‘3 years’’. 

10 (d) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to individuals who begin work for 

12 the employer after December 31, 2015. 

13 Subtitle C—Community Investment 

14 and Empowerment Act 

15 SEC. 121. SHORT TITLE. 

16 This subtitle may be cited as the ‘‘Community Invest17 ment and Empowerment Act’’. 

18 SEC. 122. PURPOSE. 

19 The purpose of this Act is to assist with the economic 

20 growth of economically disadvantaged communities that 

21 have potential for strong Class 1 commercial investment, 

22 but continue to have a difficult time recruiting Class 1 

23 commercial investment. 


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1 SEC. 123. ECONOMIC GROWTH, RETENTION, AND RECRUIT2 MENT OF COMMERCIAL INVESTMENT IN UN3 DERSERVED COMMUNITIES. 

4 The Small Business Investment Act of 1958 (15 

5 U.S.C. 661 et seq.) is amended by adding at the end the 

6 following new title: 

7 ‘‘TITLE VI—ECONOMIC GROWTH, 

8 RETENTION, AND RECRUIT9 MENT OF COMMERCIAL IN10 VESTMENT IN ECONOMICAL11 LY DISADVANTAGED COMMU12 NITIES 

13 ‘‘SEC. 511. GRANT PROGRAM. 

14 ‘‘(a) AUTHORIZATION.—From amounts appropriated 

15 under section 513, the Administrator shall make grants 

16 on a competitive basis to communities for— 

17 ‘‘(1) the creation of a grant and/or revolving 

18 loan fund program that helps develop financing 

19 packages for Class 1 commercial investment; 

20 ‘‘(2) lowering real estate property tax rates; 

21 ‘‘(3) conducting community-wide market anal22 ysis to help recruit and/or retain Class 1 commercial 

23 investment; 

24 ‘‘(4) creating employment training programs for 

25 Class 1 business customer service, sales, and mana26 gerial positions; 


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1 ‘‘(5) retail marketing strategies to solicit new 

2 Class 1 commercial investment starts in the commu3 nity; 

4 ‘‘(6) program allowances for activities such as 

5 the publication of marketing materials, development 

6 of economic development web pages, and educational 

7 outreach activities with retail trade associations; and 

8 ‘‘(7) hiring business recruitment specialists. 

9 ‘‘(b) ELIGIBILITY.—The Administrator may only 

10 make a grant under subsection (a) to communities that— 

11 ‘‘(1) demographics include— 

12 ‘‘(A) a median per capita income no higher 

13 than $35,000; and 

14 ‘‘(B) a lack of Class 1 commercial invest15 ment; and 

16 ‘‘(2) submit an application at such time, in 

17 such form, and containing such information and as18 surances as the Administrator may require, includ19 ing— 

20 ‘‘(A) a description of how the community 

21 through the activities the community carries out 

22 with the grant funds will recruit, retain and 

23 grow their economy through Class 1 commercial 

24 investment; and 


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1 ‘‘(B) a description of the difficulty the 

2 community has faced recruiting, retaining and 

3 growing their economy through Class 1 com4 mercial investment. 

5 ‘‘(c) MATCHING FUNDS.— 

6 ‘‘(1) IN GENERAL.—The Administrator may not 

7 make a grant to a community under subsection (a) 

8 unless the community agrees that, with respect to 

9 the costs to be incurred by the community in car10 rying out the activities for which the grant is award11 ed, the community will make available non-Federal 

12 contributions in an amount equal to not less than 10 

13 percent of the Federal funds provided under the 

14 grant. 

15 ‘‘(2) SATISFYING MATCHING REQUIREMENTS.— 

16 The non-Federal contributions required under para17 graph (1) may be— 

18 ‘‘(A) in cash or in-kind, including services, 

19 fairly evaluated; and 

20 ‘‘(B) from— 

21 ‘‘(i) any private source; 

22 ‘‘(ii) a State or local governmental en23 tity; or 

24 ‘‘(iii) a not-for-profit. 


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1 ‘‘(3) WAIVER.—The Administrator may waive 

2 or reduce the non-Federal contribution required by 

3 paragraph (1) if the community involved dem4 onstrates that the eligible entity cannot meet the 

5 contribution requirement due to financial hardship. 

6 ‘‘(d) LIMITATIONS.—Funding appropriated under 

7 section 513 will be allocated by the following formula— 

8 ‘‘(1) no more than up to 5 percent of funds ap9 propriated under section 513 shall go to administra10 tive costs; 

11 ‘‘(2) up to 70 percent of funding appropriated 

12 under section 513 shall go toward activities de13 scribed in sections (a)(1) through (a)(4) after taking 

14 into account administrative costs under section 

15 (c)(1)(A); and 

16 ‘‘(3) 30 percent of funding appropriated under 

17 section 513 shall go toward activities described in 

18 sections (a)(5) through (a)(7) after taking into ac19 count administrative costs under section (c)(1)(A). 

20 ‘‘SEC. 512. DEFINITIONS. 

21 ‘‘In this title, the following definitions apply: 

22 ‘‘(1) COMMUNITY.—The term ‘community’ 

23 means a governance structure that includes county, 

24 parish, city, village, township, district or borough. 


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1 ‘‘(2) CLASS 1 COMMERCIAL INVESTMENT.—The 

2 term ‘Class 1 commercial investment’ means retail 

3 grocery chains, food service retailers, restaurants 

4 and franchises, retail stores, cafes, shopping malls, 

5 and other shops. 

6 ‘‘(3) ECONOMICALLY UNDERSERVED COMMU7 NITY.—The term ‘economically underserved commu8 nity’ means an area suffering from low income and 

9 resultant low purchasing power, limiting its ability 

10 to generate sufficient goods and services to be used 

11 in exchange with other areas to meet current con12 sumption needs. 

13 ‘‘SEC. 513. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘There is authorized to be appropriated to the Ad15 ministrator to carry out section 511(a) $40,000,000 for 

16 each of fiscal years 2014 through 2019.’’. 

17 Subtitle D—Promote Start-Ups Act 

18 SEC. 131. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Promote Start20 Ups Act of 2018’’. 

21 SEC. 132. PERMANENT INCREASE OF LIMITATION ON DE22 DUCTION FOR START-UP AND ORGANIZA23 TIONAL EXPENDITURES. 

24 (a) START-UP EXPENDITURES.— 


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1 (1) IN GENERAL.—Section 195(b)(1)(A)(ii) of 

2 the Internal Revenue Code of 1986 is amended— 

3 (A) by striking ‘‘$5,000’’ and inserting 

4 ‘‘$15,000’’; and 

5 (B) by striking ‘‘$50,000’’ and inserting 

6 ‘‘$150,000’’. 

7 (2) CONFORMING AMENDMENT.—Section 

8 195(b) of such Code is amended by striking para9 graph (3). 

10 (b) ORGANIZATIONAL EXPENDITURES.—Section 

11 248(a)(1)(B) of such Code is amended— 

12 (1) by striking ‘‘$5,000’’ and inserting 

13 ‘‘$10,000’’; and 

14 (2) by striking ‘‘$50,000’’ and inserting 

15 ‘‘$60,000’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to amounts paid or incurred with 

18 respect to— 

19 (1) in the case of the amendments made by 

20 subsection (a), trades or businesses beginning in tax21 able years beginning after December 31, 2015; and 

22 (2) in the case of the amendments made by 

23 subsection (b), corporations the business of which 

24 begins in taxable years beginning after such date. 


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1 Subtitle E—Community College to 

2 Career Fund Act 

3 SEC. 141. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Community College 

5 to Career Fund Act’’. 

6 SEC. 142. COMMUNITY COLLEGE TO CAREER FUND. 

7 (a) IN GENERAL.—Title I of the Workforce Innova8 tion and Opportunity Act is amended by adding at the 

9 end the following: 

10 ‘‘Subtitle F—Community College to 

11 Career Fund 

12 ‘‘SEC. 199. COMMUNITY COLLEGE AND INDUSTRY PARTNER13 SHIPS PROGRAM. 

14 ‘‘(a) GRANTS AUTHORIZED.—From funds appro15 priated under section 199A, the Secretary of Labor (in 

16 coordination with the Secretary of Education and the Sec17 retary of Commerce) shall award competitive grants to eli18 gible entities described in subsection (b) for the purpose 

19 of developing, offering, improving, and providing edu20 cational or career training programs for workers. 

21 ‘‘(b) ELIGIBLE ENTITY.— 

22 ‘‘(1) PARTNERSHIPS WITH EMPLOYERS OR AN

23 EMPLOYER OR INDUSTRY PARTNERSHIP.— 

24 ‘‘(A) GENERAL DEFINITION.—For pur25 poses of this section, an ‘eligible entity’ means 


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1 any of the entities described in subparagraph 

2 (B) (or a consortium of any of such entities) in 

3 partnership with employers or an employer or 

4 industry partnership representing multiple em5 ployers. 

6 ‘‘(B) DESCRIPTION OF ENTITIES.—The en7 tities described in this subparagraph are— 

8 ‘‘(i) a community college; 

9 ‘‘(ii) a 4-year public institution of 

10 higher education (as defined in section 

11 101(a) of the Higher Education Act of 

12 1965 (20 U.S.C. 1001(a))) that offers 2- 

13 year degrees, and that will use funds pro14 vided under this section for activities at 

15 the certificate and associate degree levels; 

16 ‘‘(iii) a Tribal College or University 

17 (as defined in section 316(b) of the Higher 

18 Education Act of 1965 (20 U.S.C. 

19 1059c(b))); or 

20 ‘‘(iv) a private or nonprofit, 2-year in21 stitution of higher education (as defined in 

22 section 102 of the Higher Education Act 

23 of 1965 (20 U.S.C. 1002)) in the Com24 monwealth of Puerto Rico, Guam, the 

25 United States Virgin Islands, American 


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1 Samoa, the Commonwealth of the North2 ern Mariana Islands, the Republic of the 

3 Marshall Islands, the Federated States of 

4 Micronesia, or the Republic of Palau. 

5 ‘‘(2) ADDITIONAL PARTNERS.— 

6 ‘‘(A) AUTHORIZATION OF ADDITIONAL

7 PARTNERS.—In addition to partnering with em8 ployers or an employer or industry partnership 

9 representing multiple employers as described in 

10 paragraph (1)(A), an entity described in para11 graph (1) may include in the partnership de12 scribed in paragraph (1) one or more of the or13 ganizations described in subparagraph (B). 

14 Each eligible entity that includes one or more 

15 such organizations shall collaborate with the 

16 State or local board in the area served by the 

17 eligible entity. 

18 ‘‘(B) ORGANIZATIONS.—The organizations 

19 described in this subparagraph are as follows: 

20 ‘‘(i) A provider of adult education (as 

21 defined in section 203) or an institution of 

22 higher education (as defined in section 101 

23 of the Higher Education Act of 1965 (20 

24 U.S.C. 1001)). 

25 ‘‘(ii) A community-based organization. 


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1 ‘‘(iii) A joint labor-management part2 nership. 

3 ‘‘(iv) A State or local board. 

4 ‘‘(v) Any other organization that the 

5 Secretaries consider appropriate. 

6 ‘‘(c) EDUCATIONAL OR CAREER TRAINING PRO7 GRAM.—For purposes of this section, the Governor of the 

8 State in which at least one of the entities described in sub9 section (b)(1)(B) of an eligible entity is located shall es10 tablish criteria for an educational or career training pro11 gram leading to a recognized postsecondary credential for 

12 which an eligible entity submits a grant proposal under 

13 subsection (d). 

14 ‘‘(d) APPLICATION.—An eligible entity seeking a 

15 grant under this section shall submit an application con16 taining a grant proposal, for an educational or career 

17 training program leading to a recognized postsecondary 

18 credential, to the Secretaries at such time and containing 

19 such information as the Secretaries determine is required, 

20 including a detailed description of— 

21 ‘‘(1) the extent to which the educational or ca22 reer training program described in the grant pro23 posal fits within an overall strategic plan consisting 

24 of— 


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1 ‘‘(A) the State plan described in section 

2 102 or 103, for the State involved; 

3 ‘‘(B) the local plan described in section 

4 108, for each local area that comprises a sig5 nificant portion of the area to be served by the 

6 eligible entity; and 

7 ‘‘(C) a strategic plan developed by the eli8 gible entity; 

9 ‘‘(2) the extent to which the program will meet 

10 the needs of employers in the area for skilled work11 ers in in-demand industry sectors and occupations; 

12 ‘‘(3) the extent to which the program will meet 

13 the educational or career training needs of workers 

14 in the area; 

15 ‘‘(4) the specific educational or career training 

16 program and how the program meets the criteria es17 tablished under subsection (e), including the manner 

18 in which the grant will be used to develop, offer, im19 prove, and provide the educational or career training 

20 program; 

21 ‘‘(5) any previous experience of the eligible enti22 ty in providing educational or career training pro23 grams, the absence of which shall not automatically 

24 disqualify an eligible institution from receiving a 

25 grant under this section; and 


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1 ‘‘(6) how the program leading to the credential 

2 meets the criteria described in subsection (c). 

3 ‘‘(e) CRITERIA FOR AWARD.— 

4 ‘‘(1) IN GENERAL.—Grants under this section 

5 shall be awarded based on criteria established by the 

6 Secretaries, that include the following: 

7 ‘‘(A) A determination of the merits of the 

8 grant proposal submitted by the eligible entity 

9 involved to develop, offer, improve, and provide 

10 an educational or career training program to be 

11 made available to workers. 

12 ‘‘(B) An assessment of the likely employ13 ment opportunities available in the area to indi14 viduals who complete an educational or career 

15 training program that the eligible entity pro16 poses to develop, offer, improve, and provide. 

17 ‘‘(C) An assessment of prior demand for 

18 training programs by individuals eligible for 

19 training and served by the eligible entity, as 

20 well as availability and capacity of existing (as 

21 of the date of the assessment) training pro22 grams to meet future demand for training pro23 grams. 


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1 ‘‘(2) PRIORITY.—In awarding grants under this 

2 section, the Secretaries shall give priority to eligible 

3 entities that— 

4 ‘‘(A) include a partnership, with employers 

5 or an employer or industry partnership, that— 

6 ‘‘(i) pays a portion of the costs of 

7 educational or career training programs; or 

8 ‘‘(ii) agrees to hire individuals who 

9 have attained a recognized postsecondary 

10 credential resulting from the educational or 

11 career training program of the eligible en12 tity; 

13 ‘‘(B) enter into a partnership with a labor 

14 organization or labor-management training pro15 gram to provide, through the program, tech16 nical expertise for occupationally specific edu17 cation necessary for a recognized postsecondary 

18 credential leading to a skilled occupation in an 

19 in-demand industry sector; 

20 ‘‘(C) are focused on serving individuals 

21 with barriers to employment, low-income, non22 traditional students, students who are dis23 located workers, students who are veterans, or 

24 students who are long-term unemployed; 


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1 ‘‘(D) include any eligible entities serving 

2 areas with high unemployment rates; 

3 ‘‘(E) are eligible entities that include an 

4 institution of higher education eligible for as5 sistance under title III or V of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1051 et seq.; 20 

7 U.S.C. 1101 et seq.); and 

8 ‘‘(F) include a partnership, with employers 

9 or an employer or industry partnership, that in10 creases domestic production of goods. 

11 ‘‘(f) USE OF FUNDS.—Grant funds awarded under 

12 this section shall be used for one or more of the following: 

13 ‘‘(1) The development, offering, improvement, 

14 and provision of educational or career training pro15 grams, that provide relevant job training for skilled 

16 occupations, that lead to recognized postsecondary 

17 credentials, that will meet the needs of employers in 

18 in-demand industry sectors, and that may include 

19 registered apprenticeship programs, on-the-job train20 ing programs, and programs that support employers 

21 in upgrading the skills of their workforce. 

22 ‘‘(2) The development and implementation of 

23 policies and programs to expand opportunities for 

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1 tial, including a degree, in in-demand industry sec2 tors and occupations, including by— 

3 ‘‘(A) facilitating the transfer of academic 

4 credits between institutions of higher education, 

5 including the transfer of academic credits for 

6 courses in the same field of study; 

7 ‘‘(B) expanding articulation agreements 

8 and policies that guarantee transfers between 

9 such institutions, including through common 

10 course numbering and use of a general core 

11 curriculum; and 

12 ‘‘(C) developing or enhancing student sup13 port services programs. 

14 ‘‘(3) The creation of career pathway programs 

15 that provide a sequence of education and occupa16 tional training that leads to a recognized postsec17 ondary credential, including a degree, including pro18 grams that— 

19 ‘‘(A) blend basic skills and occupational 

20 training; 

21 ‘‘(B) facilitate means of transitioning par22 ticipants from noncredit occupational, basic 

23 skills, or developmental coursework to for-credit 

24 coursework within and across institutions; 


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1 ‘‘(C) build or enhance linkages, including 

2 the development of dual enrollment programs 

3 and early college high schools, between sec4 ondary education or adult education programs 

5 (including programs established under the Carl 

6 D. Perkins Career and Technical Education Act 

7 of 2006 (20 U.S.C. 2301 et seq.) and title II 

8 of this Act); 

9 ‘‘(D) are innovative programs designed to 

10 increase the provision of training for students, 

11 including students who are members of the Na12 tional Guard or Reserves, to enter skilled occu13 pations in in-demand industry sectors; and 

14 ‘‘(E) support paid internships that will 

15 allow students to simultaneously earn credit for 

16 work-based learning and gain relevant employ17 ment experience in an in-demand industry sec18 tor or occupation, which shall include opportu19 nities that transition individuals into employ20 ment. 

21 ‘‘(4) The development and implementation of— 

22 ‘‘(A) a Pay-for-Performance program that 

23 leads to a recognized postsecondary credential, 

24 for which an eligible entity agrees to be reim25 bursed under the grant primarily on the basis 


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1 of achievement of specified performance out2 comes and criteria agreed to by the Secretary; 

3 or 

4 ‘‘(B) a Pay-for-Success program that leads 

5 to a recognized postsecondary credential, for 

6 which an eligible entity— 

7 ‘‘(i) enters into a partnership with an 

8 investor, such as a philanthropic organiza9 tion that provides funding for a specific 

10 project to address a clear and measurable 

11 educational or career training need in the 

12 area to be served under the grant; and 

13 ‘‘(ii) agrees to be reimbursed under 

14 the grant only if the project achieves speci15 fied performance outcomes and criteria 

16 agreed to by the Secretary. 

17 ‘‘SEC. 199A. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘(a) IN GENERAL.—There are authorized to be ap19 propriated such sums as may be necessary to carry out 

20 the program established by section 199. 

21 ‘‘(b) ADMINISTRATIVE COST.—Not more than 5 per22 cent of the amounts made available under subsection (a) 

23 may be used by the Secretaries to administer the program 

24 described in that subsection, including providing technical 


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1 assistance and carrying out evaluations for the program 

2 described in that subsection. 

3 ‘‘(c) PERIOD OF AVAILABILITY.—The funds appro4 priated pursuant to subsection (a) for a fiscal year shall 

5 be available for Federal obligation for that fiscal year and 

6 the succeeding 2 fiscal years. 

7 ‘‘SEC. 199B. DEFINITION. 

8 ‘‘For purposes of this subtitle, the term ‘community 

9 college’ has the meaning given the term ‘junior or commu10 nity college’ in section 312(f) of the Higher Education Act 

11 of 1965 (20 U.S.C. 1058(f)).’’. 

12 (b) CONFORMING AMENDMENT.—The table of con13 tents for the Workforce Innovation and Opportunity Act 

14 is amended by inserting after the items relating to subtitle 

15 E of title I the following: 

‘‘Subtitle F—Community College to Career Fund 

‘‘Sec. 199. Community college and industry partnerships program. 

‘‘Sec. 199A. Authorization of appropriations. 

‘‘Sec. 199B. Definition.’’. 

16 (c) EFFECTIVE DATE.—This Act, including the 

17 amendments made by this Act, takes effect as if included 

18 in the Workforce Innovation and Opportunity Act. 

19 Subtitle F—Youth Summer Jobs 

20 and Public Service Act 

21 SEC. 151. SHORT TITLE. 

22 This subtitle may be cited as the ‘‘Youth Summer 

23 Jobs and Public Service Act of 2018’’. 


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1 SEC. 152. GRANTS TO STATES FOR SUMMER EMPLOYMENT 

2 FOR YOUTH. 

3 Section 129 of the Workforce Innovation and Oppor4 tunity Act (29 U.S.C. 3164) is amended by adding at the 

5 end the following: 

6 ‘‘(d) GRANTS TO STATES FOR SUMMER EMPLOY7 MENT FOR YOUTH.— 

8 ‘‘(1) IN GENERAL.—Notwithstanding any other 

9 provision of this Act, from the amount appropriated 

10 under paragraph (2), the Secretary shall award 

11 grants to States to provide assistance to local areas 

12 that have high concentrations of eligible youth to en13 able such local areas to carry out programs de14 scribed in subsection (c)(1) that provide summer 

15 employment opportunities for eligible youth, which 

16 are directly linked to academic and occupational 

17 learning, as described in subsection (c)(2)(C). In 

18 awarding grants under this subsection, a State 

19 shall— 

20 ‘‘(A) partner with private businesses to the 

21 extent feasible to provide employment opportu22 nities at such businesses; and 

23 ‘‘(B) prioritize jobs and work opportunities 

24 that directly serve the community. 

25 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

26 There is authorized to be appropriated 


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1 $100,000,000 to carry out this subsection for each 

2 of fiscal years 2016 through 2020.’’. 

3 Subtitle G—Child Poverty 

4 Reduction Act 

5 SEC. 161. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Child Poverty Re7 duction Act of 2018’’. 

8 CHAPTER 1—FEDERAL INTERAGENCY 

9 WORKING GROUP ON REDUCING 

10 CHILD POVERTY 

11 SEC. 162. ESTABLISHMENT OF WORKING GROUP. 

12 There is established in the Administration for Chil13 dren and Families of the Department of Health and 

14 Human Services a group which shall be known as the Fed15 eral Interagency Working Group on Reducing Child Pov16 erty (in this Act referred to as the ‘‘Working Group’’). 

17 SEC. 163. NATIONAL PLAN TO REDUCE CHILD POVERTY. 

18 (a) PRIMARY GOAL.— 

19 (1) DEVELOPMENT OF NATIONAL PLAN.—The 

20 primary goal of the Working Group is to develop a 

21 national plan— 

22 (A) to reduce, within 10 years after the 

23 date on which funding is made available to 

24 carry out this Act— 


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1 (i) the number of children living in 

2 poverty in the United States to half of the 

3 number of such children as reported in the 

4 report of the United States Census Bureau 

5 on Income, Poverty, and Health Insurance 

6 Coverage in the United States: 2013 

7 (issued in September 2014); and 

8 (ii) the number of children living in 

9 extreme poverty in the United States to 

10 zero; and 

11 (B) to reduce, within 20 years after the 

12 date on which funds are made available to carry 

13 out this Act, the number of children living in 

14 poverty in the United States to zero. 

15 (2) CONSULTATION WITH NATIONAL ACADEMY

16 OF SCIENCES.—In developing the national plan 

17 under paragraph (1), the Working Group shall con18 sider all recommendations, research papers, and re19 ports published by the National Academy of Sciences 

20 as a result of the workshops conducted pursuant to 

21 title II. 

22 (3) DEADLINE.—Not later than 180 days after 

23 the date of the enactment of this Act, the Working 

24 Group shall make substantial progress toward the 

25 development of the national plan. 


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1 (b) ADDITIONAL GOALS.—The national plan under 

2 subsection (a) shall include recommendations for achieving 

3 the following goals: 

4 (1) Understanding the root causes of child pov5 erty, including persistent intergenerational poverty, 

6 taking into account social, economic, and cultural 

7 factors. 

8 (2) Improving the accessibility of anti-poverty 

9 programs and increasing the rate of enrollment in 

10 such programs among eligible children and families 

11 by reducing the complexity and difficulty of enrolling 

12 in such programs. 

13 (3) Eliminating disparate rates of child poverty 

14 based on race, ethnicity, gender, and age. 

15 (4) Improving the ability of individuals living in 

16 poverty, low-income individuals, and unemployed in17 dividuals to access quality jobs that help children 

18 and their families rise above poverty. 

19 (5) Connecting low-income children, discon20 nected youth, and their families to education, job 

21 training, work, and their communities. 

22 (6) Shifting the measures and policies of Fed23 eral anti-poverty programs from the goal of helping 

24 individuals and families living in poverty to achieve 

25 freedom from deprivation toward the goal of helping 


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1 such individuals and families rise above poverty and 

2 achieve long-term economic stability. 

3 (c) METHODS.—In developing the national plan 

4 under subsection (a), the Working Group shall employ 

5 methods for achieving the goals described in subsections 

6 (a) and (b) that include— 

7 (1) entering into an agreement with the Na8 tional Academy of Sciences for a workshop series on 

9 the economic and social costs of child poverty, as de10 scribed in title II; 

11 (2) studying the effect of child poverty on the 

12 health and welfare of children, including the access 

13 of children living in poverty to health care, housing, 

14 proper nutrition, and education; 

15 (3) measuring the effect of child poverty on the 

16 ability of individuals to achieve economic stability, 

17 including such effect on educational attainment, 

18 rates of incarceration, lifetime earnings, access to 

19 healthcare, and access to housing; 

20 (4) updating and applying improved measures 

21 of poverty that can meaningfully account for other 

22 aspects relating to the measure of poverty, such as 

23 the Supplemental Poverty Measure used by the 

24 United States Census Bureau; and 


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1 (5) using and applying fact-based measures to 

2 evaluate the long-term effectiveness of anti-poverty 

3 programs, taking into account the long-term savings 

4 and value to the Federal Government and to State, 

5 local, and tribal governments of practices and poli6 cies designed to prevent poverty. 

7 SEC. 164. OTHER DUTIES. 

8 In addition to developing the national plan under sec9 tion 102(a), the Working Group shall— 

10 (1) monitor, in consultation with the Domestic 

11 Policy Council and the National Economic Council, 

12 all Federal activities, programs, and services related 

13 to child welfare and child poverty; 

14 (2) establish guidelines, policies, goals, and di15 rectives related to the achievement of the goals of 

16 the national plan, in consultation with nongovern17 mental entities providing social services to low-in18 come children and families, advocacy groups that di19 rectly represent low-income children and families, 

20 policy experts, and officials of State, local, and tribal 

21 governments who administer or direct policy for 

22 anti-poverty programs; 

23 (3) advise all relevant Federal agencies regard24 ing how to effectively administer and coordinate pro25 grams, activities, and services related to child welVerDate Sep 11 2014 03:25 Mar 10, 2018 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H5164.IH H5164

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1 fare and child poverty and how to resolve any dis2 putes that arise between or among such agencies as 

3 a result of such administration or coordination; 

4 (4) provide recommendations to the Congress 

5 regarding how to ensure that Federal agencies ad6 ministering programs, activities, and services related 

7 to child welfare and child poverty have adequate re8 sources to increase public awareness of such pro9 grams, activities, and services and how to maximize 

10 enrollment of eligible individuals; 

11 (5) identify methods for improving communica12 tion and collaboration among and between State and 

13 Federal governmental entities regarding the imple14 mentation of State programs related to child welfare 

15 and child poverty, such as State programs funded 

16 under part A of title IV of the Social Security Act 

17 (relating to block grants to States for temporary as18 sistance for needy families), and submit rec19 ommendations regarding such methods to relevant 

20 Federal agencies and congressional committees; and 

21 (6) hold hearings in different geographic re22 gions of the United States to collect information and 

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1 grams, and make such information and feedback 

2 publicly available. 

3 SEC. 165. MEMBERSHIP. 

4 (a) NUMBER OF MEMBERS.—The Working Group 

5 shall be composed of no less than 6 members. 

6 (b) EXECUTIVE PAY RATE.—Each member shall be 

7 an official of an executive department who occupies a posi8 tion for which the rate of pay is equal to or greater than 

9 the rate of pay for level IV of the Executive Schedule 

10 under section 5313 of title 5, United States Code. 

11 (c) REQUIRED PARTICIPATION OF CERTAIN EXECU12 TIVE DEPARTMENTS.—The Working Group shall include 

13 at least one member who is an official of each of the fol14 lowing executive departments: 

15 (1) The Department of Justice. 

16 (2) The Department of Agriculture. 

17 (3) The Department of Labor. 

18 (4) The Department of Health and Human 

19 Services. 

20 (5) The Department of Housing and Urban De21 velopment. 

22 (6) The Department of Education. 

23 (d) APPOINTMENT.—Each member shall be ap24 pointed by the head of the executive department that em25 ploys such member. 


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1 (e) OBTAINING OFFICIAL DATA.—On request of the 

2 Chairperson, any head of a Federal agency shall furnish 

3 directly to the Working Group any information necessary 

4 to enable the Working Group to carry out this Act. 

5 (f) TERMS.—Each member shall be appointed for the 

6 life of the Working Group. 

7 (g) VACANCIES.—A vacancy in the Commission shall 

8 be filled in the manner in which the original appointment 

9 was made. 

10 (h) QUORUM.—A majority of members shall con11 stitute a quorum. 

12 (i) CHAIRPERSON.—The Chairperson of the Working 

13 Group shall be appointed by the Secretary of Health and 

14 Human Services. 

15 (j) MEETINGS.— 

16 (1) INITIAL MEETING PERIOD.—The Working 

17 Group shall meet on a monthly basis during the 

18 180-day period beginning with the date on which 

19 funds are made available to carry out this Act. 

20 (2) SUBSEQUENT MEETINGS.—After such 180- 

21 day period, the Working Group shall meet not less 

22 than once every 6 months and at the call of the 

23 Chairperson or a majority of members. 


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1 SEC. 166. DIRECTOR AND STAFF. 

2 (a) DIRECTOR.—The Working Group shall have a Di3 rector who shall be appointed by the Chairperson. 

4 (b) STAFF.—The Director may appoint and fix the 

5 pay of additional personnel as the Director considers ap6 propriate. 

7 (c) DUTIES.—The duties of the Director and staff 

8 shall be to achieve the goals and carry out the duties of 

9 the Working Group. 

10 SEC. 167. REPORTING REQUIREMENTS. 

11 (a) ANNUAL REPORT.—Not later than September 30, 

12 2016, and annually thereafter, the Chairperson shall sub13 mit to the Congress a report describing the activities, 

14 projects, and plans of the Federal Government to carry 

15 out the goals of the Working Group, which shall include— 

16 (1) an accounting of— 

17 (A) any increase in efficiency in the deliv18 ery of Federal, State, local, and tribal social 

19 services and benefits related to child welfare 

20 and child poverty; 

21 (B) any reduction in the number of chil22 dren living in poverty; 

23 (C) any reduction in the demand for such 

24 social services and benefits for which children 

25 living in poverty and near poverty are eligible; 

26 and 


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1 (D) any savings to the Federal Govern2 ment as a result of such increases or reduc3 tions; 

4 (2) an accounting of any increase in the na5 tional rate of employment due to the efforts of the 

6 Working Group; 

7 (3) a summary of the efforts of each State to 

8 reduce child poverty within such State, including the 

9 administration of State programs funded under part 

10 A of title IV of the Social Security Act (relating to 

11 block grants to States for temporary assistance for 

12 needy families); and 

13 (4) legislative language and recommendations 

14 regarding reducing child poverty and achieving the 

15 other goals and duties of the Working Group. 

16 (b) PUBLIC REPORTING REQUIREMENTS.— 

17 (1) ANNUAL REPORT AVAILABLE TO PUBLIC.— 

18 A version of the annual report required by sub19 section (a) shall be made publicly available. 

20 (2) ANNUAL UPDATE FROM FEDERAL AGEN21 CIES.—The head of each relevant Federal agency 

22 shall post on the public Internet Web site of such 

23 agency an annual summary of any plans, activities, 

24 and results of the agency related to the goals and 

25 duties of the Working Group. 


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1 CHAPTER 2—WORKSHOPS BY NATIONAL 

2 ACADEMY OF SCIENCES 

3 SEC. 168. REQUIREMENT TO ENTER INTO AGREEMENT 

4 WITH NATIONAL ACADEMY OF SCIENCES. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date on which funds are made available to carry out this 

7 Act, the Secretary of Health and Human Services shall 

8 enter into an agreement with the National Academy of 

9 Sciences for 2 public workshops to provide the Working 

10 Group with information to assist in the development of 

11 the national plan under section 102(a). 

12 (b) STEERING COMMITTEE.—The agreement under 

13 subsection (a) shall include the creation of a steering com14 mittee to plan and conduct such workshops. 

15 (c) EXPERTS.—The agreement under subsection (a) 

16 shall include the commission of experts to prepare re17 search papers that summarize and critique literature on 

18 the economic and social costs of child poverty. 

19 SEC. 169. WORKSHOP TOPICS. 

20 The purpose of the workshops required by section 

21 201(a) shall be to collect information and input from the 

22 public on the economic and social costs of child poverty, 

23 addressing topics that include— 


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1 (1) the macroeconomic costs of child poverty, 

2 including the effects of child poverty on productivity 

3 and economic output; 

4 (2) the health-related costs of child poverty, in5 cluding the costs incurred by the Federal Govern6 ment and State, local, and tribal governments due to 

7 child illnesses, other child medical problems, and 

8 other child health-related expenditures; 

9 (3) the effect of child poverty on crime rates; 

10 (4) the short-term and long-term effects of 

11 child poverty on the Federal budget, including out12 lays for anti-poverty programs; 

13 (5) poverty metrics such as income poverty, 

14 food insecurity, and other measures of deprivation, 

15 and the role of such metrics in assessing the effects 

16 of poverty and the performance of anti-poverty pro17 grams; 

18 (6) the effect of child poverty on certain popu19 lation groups, including immigrants, single parent 

20 families, individuals who have attained the age of 16 

21 but have not attained the age of 25 with large stu22 dent loans, individuals living in areas of con23 centrated poverty, and individuals living on Indian 

24 reservations; and 


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1 (7) the effect of child poverty on individuals 

2 and families living in extreme poverty, as compared 

3 with such effect on individuals and families living in 

4 poverty or near poverty. 

5 SEC. 170. REPORTING REQUIREMENT. 

6 (a) RESEARCH PAPERS.—The agreement under sec7 tion 201(a) shall include the publication of the research 

8 papers required under such section on the public Web site 

9 of the National Academy of Sciences. 

10 (b) WORKSHOP SUMMARY.—The agreement under 

11 section 201(a) shall include the publication of a summary 

12 of each workshop required under such section on the pub13 lic Web site of the National Academy of Sciences. 

14 SEC. 171. AUTHORIZATION OF APPROPRIATIONS. 

15 There is authorized to be appropriated $1,000,000 to 

16 carry out this subtitle. 

17 CHAPTER 3—DEFINITIONS 

18 SEC. 172. DEFINITIONS. 

19 In this title: 

20 (1) ANTI-POVERTY PROGRAM.—The term ‘‘anti21 poverty program’’ means a program or institution 

22 with the primary goal of lifting children or families 

23 out of poverty and improving economic opportunities 

24 for children or families that operates in whole or in 


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1 part using Federal, State, local, or tribal govern2 ment funds. 

3 (2) CHILD.—The term ‘‘child’’ means an indi4 vidual who has not attained the age of 18. 

5 (3) DEPRIVATION.—The term ‘‘deprivation’’ 

6 means, with respect to an individual, that such indi7 vidual lacks adequate nutrition, health care, housing, 

8 or other resources to provide for basic human needs. 

9 (4) DISCONNECTED YOUTH.—The term ‘‘dis10 connected youth’’ means individuals who have at11 tained the age of 16 but have not attained the age 

12 of 25 who are unemployed and not enrolled in 

13 school. 

14 (5) ECONOMIC STABILITY.—The term ‘‘eco15 nomic stability’’ means, with respect to an individual 

16 or family, that such individual or family has access 

17 to the means and support necessary to effectively 

18 cope with adverse or costly life events and to effec19 tively recover from the consequences of such events 

20 while maintaining a decent standard of living. 

21 (6) EXTREME POVERTY.—The term ‘‘extreme 

22 poverty’’ means, with respect to an individual or 

23 family, that such individual or family has a total an24 nual income that is less than the amount that is 50 

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1 dividual or family, as provided in the report of the 

2 United States Census Bureau on Income, Poverty, 

3 and Health Insurance Coverage in the United 

4 States: 2013 (issued in September 2014). 

5 (7) FEDERAL AGENCY.—The term ‘‘Federal 

6 agency’’ means an executive department, a Govern7 ment corporation, and an independent establish8 ment. 

9 (8) NEAR POVERTY.—The term ‘‘near poverty’’ 

10 means, with respect to an individual or family, that 

11 such individual or family has a total annual income 

12 that is less than the amount that is 200 percent of 

13 the official poverty threshold for such individual or 

14 family, as provided in the report of the United 

15 States Census Bureau on Income, Poverty, and 

16 Health Insurance Coverage in the United States: 

17 2013 (issued in September 2014). 

18 (9) POVERTY.—The term ‘‘poverty’’ means, 

19 with respect to an individual or family, that such in20 dividual or family has a total annual income that is 

21 less than the amount that is the official poverty 

22 threshold for such individual or family, as provided 

23 in the report of the United States Census Bureau on 

24 Income, Poverty, and Health Insurance Coverage in 

25 the United States: 2013 (issued in September 2014). 


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1 Subtitle H—Hunger-Free Summers 

2 for Children 

3 SEC. 181. SUMMER SNAP BENEFITS FOR MINOR CHILDREN 

4 WHO RECEIVED FREE OR REDUCED PRICE 

5 SCHOOL LUNCHES. 

6 Section 8(a) of the Food and Nutrition Act of 2008 

7 (7 U.S.C. 2017(a)) is amended by adding at the end the 

8 following: 

9 ‘‘The value of the allotment for a participating household 

10 that includes a minor child who as of the end of the school 

11 year received free or reduced price school lunches under 

12 the Richard B. Russell National School Lunch Act (42 

13 U.S.C. 1751 et seq.) shall be increased for each such child 

14 by $150 for each month during which the school attended 

15 by such child is not in session.’’. 

16 SEC. 182. CHILD TAX CREDIT INCREASED FOR FAMILIES 

17 UNDER 150 PERCENT OF POVERTY LINE. 

18 (a) IN GENERAL.—Section 24 of the Internal Rev19 enue Code of 1986 is amended by adding at the end the 

20 following new subsection: 

21 ‘‘(h) SPECIAL RULE FOR FAMILIES UNDER 150 PER22 CENT OF POVERTY LINE.— 

23 ‘‘(1) IN GENERAL.—In the case of a taxpayer 

24 whose adjusted gross income for the taxable year is 

25 less than 150 percent of an amount equal to the 


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1 poverty line (as defined by the Office of Manage2 ment and Budget) for a family of the size involved, 

3 subsection (a) shall be applied by substituting 

4 ‘$2,000’ for ‘$1,000’. 

5 ‘‘(2) POVERTY LINE USED.—For purposes of 

6 this subsection, the poverty line used with respect to 

7 a taxable year shall be the most recently published 

8 poverty line during the calendar year ending before 

9 such taxable year begins.’’. 

10 (b) EFFECTIVE DATE.—The amendments made by 

11 this section shall apply to taxable years beginning after 

12 December 31, 2015. 

13 TITLE II—COMMUNITY 

14 POLICING 

15 Subtitle A—Fair Chance for Youth 

16 SEC. 201. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘Fair Chance for 

18 Youth Act of 2018’’. 

19 SEC. 202. EXPUNGEMENT AND SEALING OF YOUTH CRIMI20 NAL RECORDS. 

21 Chapter 229 of title 18, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘SUBCHAPTER D—EXPUNGEMENT AND 

24 SEALING OF YOUTH CRIMINAL RECORDS 

‘‘3631. Youth Offense Expungement and Sealing Review Board. 

‘‘3632. Expungement and sealing for youth. 


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‘‘3633. Definitions. 

‘‘3634. Reporting. 

1 ‘‘§ 3631. Youth Offense Expungement and Sealing Re2 view Board 

3 ‘‘(a) IN GENERAL.—The Chief Judge for each Fed4 eral District shall establish— 

5 ‘‘(1) a Youth Offense Expungement and Seal6 ing Review Board (hereinafter in this section re7 ferred to as the ‘Review Board’) to review petitions 

8 for discretionary expungement and sealing of youth 

9 offenses; and 

10 ‘‘(2) the rules and procedures governing the op11 eration of the Review Board in the exercise of its 

12 powers under subsection (c). 

13 ‘‘(b) COMPOSITION.—The Review Board shall include 

14 one representative, selected by the Chief Judge to serve 

15 without compensation, from each of the following: 

16 ‘‘(1) The Department of Justice. 

17 ‘‘(2) The United States Probation and Pretrial 

18 Services System. 

19 ‘‘(3) The Office of the Federal Defender or a 

20 designated Criminal Justice Act panel attorney or 

21 private criminal defense attorney. 

22 ‘‘(c) POWERS.—The Review Board shall— 

23 ‘‘(1) review petitions under this subchapter to 

24 determine whether the youth, and the offense on 


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1 which the petition is based, meet the eligibility re2 quirements for expungement or sealing consider3 ation; 

4 ‘‘(2) for petitions meeting the eligibility require5 ments, evaluate those petitions on the merits in 

6 order to make a recommendation on the advisability 

7 of granting the petition; and 

8 ‘‘(3) convey its recommendation, with a written 

9 explanation, to the Chief Judge in each Federal Dis10 trict, or a designee of the Chief Judge, for consider11 ation. 

12 ‘‘(d) RECOMMENDATION.—In making its rec13 ommendation, the Review Board— 

14 ‘‘(1) shall consider all the evidence and testi15 mony presented in the petition and any hearings 

16 held on the petition; 

17 ‘‘(2) may not consider any arrest or prosecution 

18 that did not result in a conviction and that took 

19 place prior to the conviction or arrest the petitioner 

20 is seeking to expunge or seal; and 

21 ‘‘(3) shall balance— 

22 ‘‘(A) the public safety, the interest of pub23 lic knowledge, and any legitimate interest of the 

24 Government in maintaining the accessibility of 

25 the protected information; against 


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1 ‘‘(B) the interest of the petitioner in hav2 ing the petition granted, including the benefit 

3 to the petition’s ability to positively contribute 

4 to the community, and the petitioner’s conduct 

5 and demonstrated desire to be rehabilitated. 

6 ‘‘(e) COURT TO CONSIDER AND DECIDE UPON PETI7 TIONS.—The Court shall consider and decide upon each 

8 petition for which the court receives a recommendation 

9 from the Review Board. The Court’s decision to grant or 

10 deny the petition shall give significant weight to the Re11 view Board recommendation. The Court shall grant the 

12 petition unless the Government shows the interests de13 scribed in subsection (d)(3)(A) outweigh the interests of 

14 the petitioner described in subsection (d)(3)(B). 

15 ‘‘(f) ONE OPPORTUNITY.—A youth may only file a 

16 petition for expungement or sealing under this subchapter 

17 once and the decision of the district court on the petition 

18 shall be final and is not appealable. 

19 ‘‘(g) ONLINE FORMS FOR PETITIONS.—The Director 

20 of the Administrative Office of the United States Courts 

21 shall create and make available to the public, online and 

22 in paper form, a universal form to file a petition under 

23 this section, and establish a process under which indigent 

24 petitioners may obtain a waiver of any fee for filing a peti25 tion under this section. 


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1 ‘‘(h) MAKING AVAILABLE STANDARD FORMS FOR

2 COURT ORDERS.—The Director of the Administrative Of3 fice of the United States Courts shall create and make 

4 available to the Chief Judge of every Federal district 

5 standard expungement and sealing orders that empower 

6 the petitioner to seek destruction of records in accordance 

7 with the order. 

8 ‘‘§ 3632. Expungement and sealing for youth 

9 ‘‘(a) EXPUNGEMENT PETITION ELIGIBILITY.—A 

10 youth may petition a district court of the United States 

11 for expungement— 

12 ‘‘(1) of the record of any misdemeanor or non13 violent felony drug conviction 3 years after the youth 

14 has completed every term of imprisonment related to 

15 that misdemeanor or nonviolent felony drug convic16 tion; 

17 ‘‘(2) of the record of any person who has not 

18 attained the age of 18 at the time of committing the 

19 conduct resulting in conviction for any misdemeanor 

20 or nonviolent offense 3 years after the person has 

21 completed every term of imprisonment related to 

22 that misdemeanor or nonviolent offense conviction; 

23 and 

24 ‘‘(3) of the record of an arrest or prosecution 

25 for any nonviolent offense on the date on which the 


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1 case related to that arrest or prosecution is disposed 

2 of. 

3 ‘‘(b) SEALING PETITION ELIGIBILITY.—A youth may 

4 petition a district court of the United States, for sealing— 

5 ‘‘(1) of the record of any nonviolent conviction 

6 5 years after the youth has completed every term of 

7 imprisonment related to that nonviolent conviction; 

8 ‘‘(2) of the record of any person who has not 

9 attained the age of 18 at the time of committing the 

10 conduct resulting in conviction for any offense 10 

11 years after the person has completed every term of 

12 imprisonment related to that offense conviction; and 

13 ‘‘(3) of the record of an arrest or prosecution 

14 for any nonviolent offense on the date on which the 

15 case related to that arrest or prosecution is disposed 

16 of. 

17 ‘‘(c) NOTICE OF OPPORTUNITY TO FILE PETI18 TION.—A youth shall be informed of the eligibility to, pro19 cedures for, and benefits of filing an expungement or seal20 ing petition— 

21 ‘‘(1) by the District Court on the date of con22 viction; 

23 ‘‘(2) by the Office of Probation and Pretrial 

24 Services on the date the youth completes every term 

25 of imprisonment; or 


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1 ‘‘(3) if the arrest or prosecution does not result 

2 in a conviction, then by the Department of Justice 

3 on the date the case is disposed of. 

4 ‘‘(d) GRANT OF PETITION.—If a court grants a peti5 tion under this section— 

6 ‘‘(1) the person to whom the record pertains 

7 may choose to, but is not required to, disclose the 

8 existence of the record, and the offense conduct and 

9 any arrest, juvenile delinquency proceeding, adju10 dication, conviction, or other result of such pro11 ceeding relating to the offense conduct, shall be 

12 treated as if it never occurred; 

13 ‘‘(2) the court shall destroy each paper and 

14 electronic copy of the record in the possession of the 

15 court; 

16 ‘‘(3) the court shall issue an expungement or 

17 sealing order requiring the destruction of any paper 

18 and electronic copies of the record by any court, law 

19 enforcement officer, law enforcement agency, treat20 ment or rehabilitation services agency, or employee 

21 thereof in possession of those copies; 

22 ‘‘(4) any entity or person listed in paragraph 

23 (3) that receives an inquiry relating to the record 

24 shall reply to the inquiry stating that no such record 

25 exists; and 


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1 ‘‘(5) except as provided in subsection (f), no 

2 person shall not be subject to prosecution under any 

3 civil or criminal provision of Federal or State law re4 lating to perjury, false swearing, or making a false 

5 statement for failing to acknowledge the record or 

6 respond to any inquiry made of the of petitioner or 

7 the parent relating to the record, for any purpose. 

8 ‘‘(e) CIVIL ACTIONS.— 

9 ‘‘(1) IN GENERAL.—If an individual who has a 

10 record expunged or sealed under this section brings 

11 an action that might be defended with the contents 

12 of the record, there shall be a rebuttable presump13 tion that the defendant has a complete defense to 

14 the action. 

15 ‘‘(2) SHOWING BY PLAINTIFF.—In an action 

16 described in paragraph (1), the plaintiff may rebut 

17 the presumption of a complete defense by showing 

18 that the contents of the record would not prevent 

19 the defendant from being liable. 

20 ‘‘(3) DUTY TO TESTIFY AS TO EXISTENCE OF

21 RECORD.—The court in which an action described in 

22 paragraph (1) is filed may require the plaintiff to 

23 state under oath whether the plaintiff had a record 

24 and whether the record was expunged or sealed. 


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1 ‘‘(4) PROOF OF EXISTENCE OF RECORD.—If the 

2 plaintiff in an action described in paragraph (1) de3 nied the existence of a record, the defendant may 

4 prove the existence of the record in any manner 

5 compatible with the applicable laws of evidence. 

6 ‘‘(f) ATTORNEY GENERAL NONPUBLIC RECORDS.— 

7 The Attorney General shall— 

8 ‘‘(1) maintain a nonpublic database of all 

9 records expunged or sealed under this subchapter; 

10 ‘‘(2) disclose, access, or utilize records con11 tained in the nonpublic database only— 

12 ‘‘(A) in defense of any civil suit arising out 

13 of the facts contained in the record; 

14 ‘‘(B) to determine whether the individual 

15 to whom the record relates is eligible for a first16 time-offender diversion program; 

17 ‘‘(C) for a background check that relates 

18 to law enforcement employment or any employ19 ment that requires a Government security clear20 ance; or 

21 ‘‘(D) if the Attorney General determines 

22 that disclosure is necessary to serve the inter23 ests of national security; and 


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1 ‘‘(3) to the extent practicable, notify the indi2 vidual to whom the record pertains of the disclosure 

3 unless it is made pursuant to paragraph (2)(D). 

4 ‘‘§ 3633. Definitions 

5 ‘‘In this subchapter— 

6 ‘‘(1) the term ‘youth’ means an individual who 

7 was 21 years of age or younger at the time of the 

8 criminal offense for which the individual was ar9 rested, prosecuted, or sentenced; 

10 ‘‘(2) the term ‘nonviolent felony’ means a Fed11 eral criminal felony offense that is not— 

12 ‘‘(A) a crime of violence; or 

13 ‘‘(B) a sex offense (as that term is defined 

14 in section 111 of the Sex Offender Registration 

15 and Notification Act); 

16 ‘‘(3) the term ‘record’ means information, 

17 whether in paper or electronic form, containing any 

18 reference to— 

19 ‘‘(A) an arrest, conviction, or sentence of 

20 an individual for an offense; 

21 ‘‘(B) the institution of juvenile delinquency 

22 or criminal proceedings against an individual 

23 for the offense; or 


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1 ‘‘(C) adjudication, conviction, or any other 

2 result of juvenile delinquency or criminal pro3 ceedings; 

4 ‘‘(4) the term ‘expunge’— 

5 ‘‘(A) means to destroy a record and oblit6 erate the name of the person to whom the 

7 record pertains from each official index or pub8 lic record; and 

9 ‘‘(B) has the effect described in section 

10 3631(g), including— 

11 ‘‘(i) the right to treat an offense to 

12 which an expunged record relates, and any 

13 arrest, juvenile delinquency proceeding, ad14 judication, conviction, or other result of 

15 such proceeding relating to the offense, as 

16 if it never occurred; and 

17 ‘‘(ii) protection from civil and criminal 

18 perjury, false swearing, and false state19 ment laws with respect to an expunged 

20 record; 

21 ‘‘(5) the term ‘seal’— 

22 ‘‘(A) means— 

23 ‘‘(i) to close a record from public 

24 viewing so that the record cannot be exam25 ined except by court order; and 


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1 ‘‘(ii) to physically seal the record shut 

2 and label the record ‘SEALED’ or, in the 

3 case of an electronic record, the sub4 stantive equivalent; and 

5 ‘‘(B) has the effect described in section 

6 3631(g), including— 

7 ‘‘(i) the right to treat an offense to 

8 which an expunged record relates, and any 

9 arrest, juvenile delinquency proceeding, ad10 judication, conviction, or other result of 

11 such proceeding relating to the offense, as 

12 if it never occurred; and 

13 ‘‘(ii) protection from civil and criminal 

14 perjury, false swearing, and false state15 ment laws with respect to an expunged 

16 record; 

17 ‘‘(6) the term ‘conviction’— 

18 ‘‘(A) means a judgment or disposition in 

19 criminal court against a person following a find20 ing of guilt by a judge or jury; and 

21 ‘‘(B) for the purposes of this section— 

22 ‘‘(i) multiple convictions shall be 

23 deemed to be one conviction if the convic24 tions result from or relate to the same act 

25 or acts committed at the same time; and 


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1 ‘‘(ii) multiple convictions, not to ex2 ceed 3, that do not result from or relate to 

3 the same act or acts committed at the 

4 same time shall be deemed to be one con5 viction if the convictions result from or re6 late to the same indictment, information, 

7 or complaint, or plea of guilty; and 

8 ‘‘(7) the term ‘destroy’ means to render a file 

9 unreadable, whether paper, electronic, or otherwise 

10 stored, by shredding, pulverizing, pulping, incin11 erating, overwriting, reformatting the media, or 

12 other means. 

13 ‘‘§ 3634. Reporting 

14 ‘‘Not later than 2 years after the date of enactment 

15 of this subchapter, and each year thereafter, the Attorney 

16 General shall issue a public report that— 

17 ‘‘(1) describes— 

18 ‘‘(A) the number of expungement and seal19 ing petitions granted and denied; and 

20 ‘‘(B) the number of instances in which the 

21 office of a United States attorney supported or 

22 opposed an expungement or sealing petition; 

23 and 


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1 ‘‘(2) includes any supporting data that the 

2 court determines relevant but does not name any pe3 titioner.’’. 

4 SEC. 203. RETROACTIVE EFFECT. 

5 This Act and the amendments made by this Act apply 

6 with respect to youth without regard to whether they be7 come involved in the Federal criminal justice system be8 fore, on, or after the date of the enactment of this Act. 

9 Subtitle B—Youth Prison Reduc10 tion Through Opportunities, 

11 Mentoring, Intervention, Sup12 port, and Education 

13 SEC. 211. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Youth Prison Re15 duction through Opportunities, Mentoring, Intervention, 

16 Support, and Education Act’’ or the ‘‘Youth PROMISE 

17 Act’’. 

18 SEC. 212. DEFINITIONS. 

19 In this subtitle: 

20 (1) ADMINISTRATOR.—The term ‘‘Adminis21 trator’’ means the Administrator of the Office of Ju22 venile Justice and Delinquency Prevention. 

23 (2) COMMUNITY.—The term ‘‘community’’ 

24 means a unit of local government or an Indian tribe, 

25 or part of such a unit or tribe, as determined by 


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1 such a unit or tribe for the purpose of applying for 

2 a grant under this Act. 

3 (3) DESIGNATED GEOGRAPHIC AREA.—The 

4 term ‘‘designated geographic area’’ means a 5-digit 

5 postal ZIP Code assigned to a geographic area by 

6 the United States Postal Service. 

7 (4) EVIDENCE-BASED.— 

8 (A) IN GENERAL.—The term ‘‘evidence9 based’’, when used with respect to a practice re10 lating to juvenile delinquency and criminal 

11 street gang activity prevention and intervention, 

12 means a practice (including a service, program, 

13 activity, intervention, technology, or strategy) 

14 for which the Administrator has determined— 

15 (i) causal evidence documents a rela16 tionship between the practice and its in17 tended outcome, based on measures of the 

18 direction and size of a change, and the ex19 tent to which a change may be attributed 

20 to the practice; and 

21 (ii) the use of scientific methods rules 

22 out, to the extent possible, alternative ex23 planations for the documented change. 


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1 (B) SCIENTIFIC METHODS.—For the pur2 poses of subparagraph (A), the term ‘‘scientific 

3 methods’’ means— 

4 (i) evaluation by an experimental trial, 

5 in which participants are randomly as6 signed to participate in the practice that is 

7 subject to such trial; or 

8 (ii) evaluation by a quasi-experimental 

9 trial, in which the outcomes for partici10 pants are compared with outcomes for a 

11 control group that is made up of individ12 uals who are similar to such participants. 

13 (5) INTERVENTION.—The term ‘‘intervention’’ 

14 means the provision of programs and services that 

15 are supported by research, are evidence-based or 

16 promising practices, and are provided to youth who 

17 are involved in, or who are identified by evidence18 based risk assessment methods as being at high risk 

19 of continued involvement in, juvenile delinquency or 

20 criminal street gangs, as a result of indications that 

21 demonstrate involvement with problems such as tru22 ancy, substance abuse, mental health treatment 

23 needs, or siblings who have had involvement with ju24 venile or criminal justice systems. 


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1 (6) JUVENILE DELINQUENCY AND CRIMINAL

2 STREET GANG ACTIVITY PREVENTION.—The term 

3 ‘‘juvenile delinquency and criminal street gang activ4 ity prevention’’ means the provision of programs and 

5 resources to children and families who have not yet 

6 had substantial contact with criminal justice or juve7 nile justice systems, that— 

8 (A) are designed to reduce potential juve9 nile delinquency and criminal street gang activ10 ity risks; and 

11 (B) are evidence-based or promising edu12 cational, health, mental health, school-based, 

13 community-based, faith-based, parenting, job 

14 training, social opportunities and experiences, 

15 or other programs, for youth and their families, 

16 that have been demonstrated to be effective in 

17 reducing juvenile delinquency and criminal 

18 street gang activity risks. 

19 (7) PROMISING.—The term ‘‘promising’’, when 

20 used with respect to a practice relating to juvenile 

21 delinquency and criminal street gang activity preven22 tion and intervention, means a practice (including a 

23 service, program, activity, intervention, technology, 

24 or strategy) that, based on statistical analyses or a 


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1 theory of change, the Administrator has deter2 mined— 

3 (A) has outcomes from an evaluation that 

4 demonstrate such practice reduces juvenile de5 linquency and criminal street gang activity; and 

6 (B) is part of a study being conducted to 

7 determine if such a practice is evidence-based. 

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

9 the several States, the District of Columbia, the 

10 Commonwealth of Puerto Rico, the Virgin Islands, 

11 American Samoa, Guam, the Northern Mariana Is12 lands, and any other territories or possessions of the 

13 United States. 

14 (9) THEORY OF CHANGE.—The term ‘‘theory of 

15 change’’ means a program planning strategy ap16 proved by the Administrator that outlines the types 

17 of interventions and outcomes essential to achieving 

18 a set of program goals. 

19 (10) YOUTH.—The term ‘‘youth’’ means— 

20 (A) an individual who is 18 years of age or 

21 younger; or 

22 (B) in any State in which the maximum 

23 age at which the juvenile justice system of such 

24 State has jurisdiction over individuals exceeds 


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1 18 years of age, an individual who is such max2 imum age or younger. 

3 SEC. 213. FINDINGS. 

4 The Congress finds as follows: 

5 (1) Youth gang crime has taken a toll on a 

6 number of communities, and senseless acts of gang7 related violence have imposed economic, social, and 

8 human costs. 

9 (2) Drug- and alcohol-dependent youth, and 

10 youth dually diagnosed with addiction and mental 

11 health disorders, are more likely to become involved 

12 with the juvenile justice system than youth without 

13 such risk factors, absent appropriate prevention and 

14 intervention services. 

15 (3) Children of color are over-represented rel16 ative to the general population at every stage of the 

17 juvenile justice system. Black youth are 17 percent 

18 of the United States population, but represent 38 

19 percent of youth in secure placement juvenile facili20 ties, and 58 percent of youth incarcerated in adult 

21 prisons. 

22 (4) Research funded by the Department of Jus23 tice indicates that gang membership is short-lived 

24 among adolescents. With very few youth remaining 


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1 gang-involved throughout their adolescent years, on2 going opportunities for intervention exist. 

3 (5) Criminal justice costs have become burden4 some in many States and cities, requiring reductions 

5 in vital educational, social, welfare, mental health, 

6 and related services. 

7 (6) Direct expenditures for each of the major 

8 criminal justice functions, police, corrections, and ju9 dicial services, have increased steadily over the last 

10 30 years. In fiscal year 2012, Federal, State, and 

11 local governments spent an estimated 

12 $265,000,000,000 for police protection, corrections, 

13 and judicial and legal services, nearly a 213-percent 

14 increase since 1982. 

15 (7) Estimates suggest that each year the 

16 United States incurs over $8,000,000,000 in long17 term costs for the confinement of young people. The 

18 average annual cost to incarcerate one youth is 

19 $146,302. 

20 (8) Coordinated efforts of stakeholders in the 

21 juvenile justice system in a local community, to22 gether with other organizations and community 

23 members concerned with the safety and welfare of 

24 children, have a strong record of demonstrated suc25 cess in reducing the impact of youth and gang-reVerDate Sep 11 2014 03:25 Mar 10, 2018 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H5164.IH H5164

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1 lated crime and violence, as demonstrated in Boston, 

2 Massachusetts; Chicago, Illinois; Richmond, Vir3 ginia; Los Angeles, California; and other commu4 nities. 

5 (9) Investment in prevention and intervention 

6 programs for children and youth, including quality 

7 early childhood programs, comprehensive evidence8 based school, after school, and summer school pro9 grams, mentoring programs, mental health and 

10 treatment programs, evidence-based job training 

11 programs, and alternative intervention programs, 

12 has been shown to lead to decreased youth arrests, 

13 decreased delinquency, lower recidivism, and greater 

14 financial savings from an educational, economic, so15 cial, and criminal justice perspective. 

16 (10) Quality early childhood education pro17 grams have been demonstrated to help children start 

18 school ready to learn and to reduce delinquency and 

19 criminal street gang activity risks. 

20 (11) Evidence-based mentoring programs have 

21 been shown to prevent youth drug abuse and vio22 lence. 

23 (12) Evidence-based school-based comprehen24 sive instructional programs that pair youth with reVerDate Sep 11 2014 03:25 Mar 10, 2018 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H5164.IH H5164

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1 sponsible adult mentors have been shown to have a 

2 strong impact upon delinquency prevention. 

3 (13) After-school programs that connect chil4 dren to caring adults and that provide constructive 

5 activities during the peak hours of juvenile delin6 quency and criminal street gang activity, between 3 

7 p.m. and 6 p.m., have been shown to reduce delin8 quency and the attendant costs imposed on the juve9 nile and criminal justice systems. 

10 (14) States with higher levels of educational at11 tainment have been shown to have crime rates lower 

12 than the national average. Researchers have found 

13 that a 5-percent increase in male high school grad14 uation rates would produce an annual estimated sav15 ings of $18,500,000,000 in crime-related expenses. 

16 (15) Therapeutic programs that engage and 

17 motivate high-risk youth and their families to 

18 change behaviors that often result in criminal activ19 ity have been shown to significantly reduce recidi20 vism among juvenile offenders, and significantly re21 duce the attendant costs of crime and delinquency 

22 imposed upon the juvenile and criminal justice sys23 tems. 

24 (16) Comprehensive programs that target kids 

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1 dressing the multiple factors in peer, school, neigh2 borhood, and family environments known to be re3 lated to delinquency can reduce recidivism among ju4 venile offenders and save the public significant eco5 nomic costs. 

6 (17) There are many alternatives to incarcer7 ation of youth that have been proven to be more ef8 fective in reducing crime and violence at the Na9 tional, State, local, and tribal levels, and the failure 

10 to provide for such effective alternatives is a perva11 sive problem that leads to increased youth, and later 

12 adult, crime and violence. 

13 (18) Savings achieved through early interven14 tion and prevention are significant, especially when 

15 noncriminal justice social, educational, mental 

16 health, and economic outcomes are considered. 

17 (19) The prevention of child abuse and neglect 

18 can help stop a cycle of violence and save up to 

19 $5.00 for every $1.00 invested in preventing such 

20 abuse and neglect. 

21 (20) Targeting interventions at special youth 

22 risk groups and focusing upon relatively low-cost 

23 interventions increases the probability of fiscal ben24 efit. 


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1 (21) Evidence-based intervention treatment fa2 cilities have been shown to reduce youth delinquency 

3 and to be cost-effective. 

4 (22) States, including Wisconsin, Ohio, New 

5 York, Texas, and Pennsylvania, have seen a reduc6 tion in juvenile incarceration due to a reallocation of 

7 criminal justice funds towards prevention programs. 

8 CHAPTER 1—FEDERAL COORDINATION OF 

9 LOCAL AND TRIBAL JUVENILE JUS10 TICE INFORMATION AND EFFORTS 

11 SEC. 214. PROMISE ADVISORY PANEL. 

12 (a) ORGANIZATION OF STATE ADVISORY GROUP

13 MEMBER REPRESENTATIVES.—Section 223(f) of the Ju14 venile Justice and Delinquency Prevention Act of 1974 

15 (42 U.S.C. 5633(f)) is amended— 

16 (1) in paragraph (1), by striking ‘‘an eligible 

17 organization composed of member representatives of 

18 the State advisory groups appointed under sub19 section (a)(3)’’ and inserting ‘‘a nonpartisan, non20 profit organization that is described in section 

21 501(c)(3) of the Internal Revenue Code of 1986,’’; 

22 and 

23 (2) by amending paragraph (2) to read as fol24 lows: 


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1 ‘‘(2) ASSISTANCE.—To be eligible to receive 

2 such assistance, such organization shall— 

3 ‘‘(A) be governed by individuals who— 

4 ‘‘(i) have been appointed by a chief 

5 executive of a State to serve as a State ad6 visory group member under subsection 

7 (a)(3); and 

8 ‘‘(ii) are elected to serve as a gov9 erning officer of such organization by a 

10 majority of the Chairs (or Chair-designees) 

11 of all such State advisory groups; 

12 ‘‘(B) include member representatives from 

13 a majority of such State advisory groups, who 

14 shall be representative of regionally and demo15 graphically diverse States and jurisdictions; 

16 ‘‘(C) annually seek appointments by the 

17 chief executive of each State of one State advi18 sory group member and one alternate State ad19 visory group member from each such State to 

20 implement the advisory functions specified in 

21 clauses (iv) and (v) of subparagraph (D), in22 cluding serving on the PROMISE Advisory 

23 Panel, and make a record of any such appoint24 ments available to the public; and 


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1 ‘‘(D) agree to carry out activities that in2 clude— 

3 ‘‘(i) conducting an annual conference 

4 of such member representatives for pur5 poses relating to the activities of such 

6 State advisory groups; 

7 ‘‘(ii) disseminating information, data, 

8 standards, advanced techniques, and pro9 gram models; 

10 ‘‘(iii) reviewing Federal policies re11 garding juvenile justice and delinquency 

12 prevention; 

13 ‘‘(iv) advising the Administrator with 

14 respect to particular functions or aspects 

15 of the work of the Office, and appointing 

16 a representative, diverse group of members 

17 of such organization under subparagraph 

18 (C) to serve as an advisory panel of State 

19 juvenile justice advisors (referred to as the 

20 ‘PROMISE Advisory Panel’) to carry out 

21 the functions specified in subsection (g); 

22 and 

23 ‘‘(v) advising the President and Con24 gress with regard to State perspectives on 

25 the operation of the Office and Federal 


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1 legislation pertaining to juvenile justice 

2 and delinquency prevention.’’. 

3 (b) PROMISE ADVISORY PANEL.—Section 223 of 

4 the Juvenile Justice and Delinquency Prevention Act of 

5 1974 (42 U.S.C. 5633) is further amended by adding at 

6 the end the following new subsection: 

7 ‘‘(g) PROMISE ADVISORY PANEL.— 

8 ‘‘(1) FUNCTIONS.—The PROMISE Advisory 

9 Panel required under subsection (f)(2)(D) shall— 

10 ‘‘(A) assess successful evidence-based and 

11 promising practices related to juvenile delin12 quency and criminal street gang activity preven13 tion and intervention carried out by PROMISE 

14 Coordinating Councils under such Act; 

15 ‘‘(B) provide the Administrator with a list 

16 of individuals and organizations with experience 

17 in administering or evaluating practices that 

18 serve youth involved in, or at risk of involve19 ment in, juvenile delinquency and criminal 

20 street gang activity, from which the Adminis21 trator shall select individuals who shall— 

22 ‘‘(i) provide to the Administrator peer 

23 reviews of applications submitted by units 

24 of local government and Indian tribes pur25 suant to title II of such Act, to ensure that 


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1 such applications demonstrate a clear plan 

2 to— 

3 ‘‘(I) serve youth as part of an en4 tire family unit; and 

5 ‘‘(II) coordinate the delivery of 

6 service to youth among agencies; and 

7 ‘‘(ii) advise the Administrator with re8 spect to the award and allocation of 

9 PROMISE Planning grants to local and 

10 tribal governments that develop PROMISE 

11 Coordinating Councils, and of PROMISE 

12 Implementation grants to such PROMISE 

13 Coordinating Councils, pursuant to title II 

14 of such Act; and 

15 ‘‘(C) develop performance standards to be 

16 used to evaluate programs and activities carried 

17 out with grants under title II of the Youth 

18 PROMISE Act, including the evaluation of 

19 changes achieved as a result of such programs 

20 and activities related to decreases in juvenile 

21 delinquency and criminal street gang activity, 

22 including— 

23 ‘‘(i) prevention of involvement by at24 risk youth in juvenile delinquency or crimi25 nal street gang activity; 


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1 ‘‘(ii) diversion of youth with a high 

2 risk of continuing involvement in juvenile 

3 delinquency or criminal street gang activ4 ity; and 

5 ‘‘(iii) financial savings from deferred 

6 or eliminated costs, or other benefits, as a 

7 result of such programs and activities, and 

8 the reinvestment by the unit or tribe of 

9 any such savings. 

10 ‘‘(2) ANNUAL REPORT.—Not later than 18 

11 months after the date of the enactment of the Youth 

12 PROMISE Act, and annually thereafter, the PROM13 ISE Advisory Panel shall prepare a report con14 taining the findings and determinations under para15 graph (1)(A) and shall submit such report to Con16 gress, the President, the Attorney General, and the 

17 chief executive and chief law enforcement officer of 

18 each State, unit of local government, and Indian 

19 tribe.’’. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 299(a)(1) of the Juvenile Justice and Delinquency Preven22 tion Act of 1974 (42 U.S.C. 5671(a)(1)) is amended by 

23 striking ‘‘2003, 2004, 2005, 2006, and 2007’’ and insert24 ing ‘‘2016 through 2020’’. 


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1 SEC. 215. GEOGRAPHIC ASSESSMENT OF RESOURCE ALLO2 CATION. 

3 (a) GRANT FOR COLLECTION OF DATA TO DETER4 MINE NEED.—Subject to the availability of appropria5 tions, the Administrator shall award a grant, on a com6 petitive basis, to an organization to— 

7 (1) collect and analyze data related to the exist8 ing juvenile delinquency and criminal street gang ac9 tivity prevention and intervention needs and re10 sources in each designated geographic area; 

11 (2) use the data collected and analyzed under 

12 paragraph (1) to compile a list of designated geo13 graphic areas that have the most need of resources, 

14 based on such data, to carry out juvenile delin15 quency and criminal street gang activity prevention 

16 and intervention; 

17 (3) use the data collected and analyzed under 

18 paragraph (1) to rank the areas listed under para19 graph (2) in descending order by the amount of need 

20 for resources to carry out juvenile delinquency and 

21 criminal street gang activity prevention and inter22 vention, ranking the area with the greatest need for 

23 such resources highest; and 

24 (4) periodically update the list and rankings 

25 under paragraph (3) as the Administrator deter26 mines to be appropriate. 


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1 (b) DATA SOURCES.—In compiling such list and de2 termining such rankings, the organization shall collect and 

3 analyze data relating to juvenile delinquency and criminal 

4 street gang activity prevention and intervention— 

5 (1) using the geographic information system 

6 and Web-based mapping application known as the 

7 Socioeconomic Mapping and Resource Topography 

8 (SMART) system; 

9 (2) from the Department of Health and Human 

10 Services, the Department of Labor, the Department 

11 of Housing and Urban Development, and the De12 partment of Education; and 

13 (3) from the annual KIDS Count Data Book 

14 and other data made available by the KIDS Count 

15 initiative of the Annie E. Casey Foundation. 

16 (c) USE OF DATA BY THE ADMINISTRATOR.—The list 

17 and rankings required by this section shall be provided 

18 to the Administrator to be used to provide funds under 

19 this Act in the most strategic and effective manner to en20 sure that resources and services are provided to youth in 

21 the communities with the greatest need for such resources 

22 and services. 

23 (d) LIMITATION ON USE OF COLLECTED DATA.— 

24 The information collected and analyzed under this section 

25 may not be used for any purpose other than to carry out 


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1 the purposes of this Act. Such information may not be 

2 used for any purpose related to the investigation or pros3 ecution of any person, or for profiling of individuals based 

4 on race, ethnicity, socio-economic status, or any other 

5 characteristic. 

6 (e) AUTHORIZATION AND LIMITATION OF APPRO7 PRIATIONS.—Of the amount made available under section 

8 224 to carry out this Act— 

9 (1) for fiscal year 2016, not more than 5 per10 cent of such amount, or $1,000,000, whichever is 

11 less, shall be made available to carry out this sec12 tion; and 

13 (2) for fiscal years 2017 through 2020, not 

14 more than 2 percent of such amount, or $400,000, 

15 whichever is less, shall be made available to carry 

16 out this section. 

17 CHAPTER 2—PROMISE GRANTS 

18 SEC. 216. PURPOSES. 

19 The purposes of the grant programs established 

20 under this chapter are to— 

21 (1) enable local and tribal communities to as22 sess the unmet needs of youth who are involved in, 

23 or are at risk of involvement in, juvenile delinquency 

24 or criminal street gangs; 


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1 (2) develop plans appropriate for a community 

2 to address those unmet needs with juvenile delin3 quency and gang prevention and intervention prac4 tices; and 

5 (3) implement and evaluate such plans in a 

6 manner consistent with this Act. 

7 Subchapter A—PROMISE Assessment and 

8 Planning Grants 

9 SEC. 217. PROMISE ASSESSMENT AND PLANNING GRANTS 

10 AUTHORIZED. 

11 (a) GRANTS AUTHORIZED.—The Administrator is 

12 authorized to award grants to units of local government 

13 and Indian tribes to assist PROMISE Coordinating Coun14 cils with planning and assessing evidence-based and prom15 ising practices relating to juvenile delinquency and crimi16 nal street gang activity prevention and intervention, espe17 cially for youth who are involved in, or who are at risk 

18 of involvement in, juvenile delinquency and criminal street 

19 gang activity. Such PROMISE Coordinating Councils 

20 shall— 

21 (1) conduct an objective needs and strengths 

22 assessment in accordance with section 203; and 

23 (2) develop a PROMISE Plan in accordance 

24 with section 204, based on the assessment conducted 

25 in accordance with section 203. 


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1 (b) GRANT DURATION, AMOUNT, AND ALLOCA2 TION.— 

3 (1) DURATION.—A grant awarded under this 

4 section shall be for a period not to exceed one year. 

5 (2) MAXIMUM GRANT AMOUNT.—A grant 

6 awarded under this section shall not exceed 

7 $300,000. 

8 (c) ALLOCATION.— 

9 (1) MINIMUM ALLOCATION.—Subject to the 

10 availability of appropriations, the Administrator 

11 shall ensure that the total funds allocated under this 

12 section to units of local governments and Indian 

13 tribes in a State shall not be less than $1,000,000. 

14 (2) RATABLE REDUCTION.—If the amount 

15 made available for grants under this section for any 

16 fiscal year is less than the amount required to pro17 vide the minimum allocation of funds under para18 graph (1) to units of local government and Indian 

19 tribes in each State, then the amount of such min20 imum allocation shall be ratably reduced. 

21 SEC. 218. PROMISE COORDINATING COUNCILS. 

22 To be eligible to receive a grant under this subtitle, 

23 a unit of local government or an Indian tribe shall estab24 lish a PROMISE Coordinating Council for each commu25 nity of such unit or tribe, respectively, for which such unit 


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1 or tribe is applying for a grant under this subtitle. Each 

2 such community shall include one or more designated geo3 graphic areas identified on the list required under section 

4 102(a)(2). The members of such a PROMISE Coordi5 nating Council shall be representatives of public and pri6 vate sector entities and individuals that— 

7 (1) shall include, to the extent possible, at least 

8 one representative from each of the following: 

9 (A) the local chief executive’s office; 

10 (B) a local educational agency; 

11 (C) a local health agency or provider; 

12 (D) a local mental health agency or pro13 vider, unless the representative under subpara14 graph (C) also meets the requirements of this 

15 subparagraph; 

16 (E) a local public housing agency; 

17 (F) a local law enforcement agency; 

18 (G) a local child welfare agency; 

19 (H) a local juvenile court; 

20 (I) a local juvenile prosecutor’s office; 

21 (J) a private juvenile residential care enti22 ty; 

23 (K) a local juvenile public defender’s office; 

24 (L) a State juvenile correctional entity; 


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1 (M) a local business community represent2 ative; and 

3 (N) a local faith-based community rep4 resentative; 

5 (2) shall include two representatives from each 

6 of the following: 

7 (A) parents who have minor children, and 

8 who have an interest in the local juvenile or 

9 criminal justice systems; 

10 (B) youth between the ages of 15 and 24 

11 who reside in the jurisdiction of the unit or 

12 tribe; and 

13 (C) members from nonprofit community14 based organizations that provide effective delin15 quency prevention and intervention to youth in 

16 the jurisdiction of the unit or tribe; and 

17 (3) may include other members, as the unit or 

18 tribe determines to be appropriate. 

19 SEC. 219. NEEDS AND STRENGTHS ASSESSMENT. 

20 (a) ASSESSMENT.—Each PROMISE Coordinating 

21 Council receiving funds from a unit of local government 

22 or Indian tribe under this subtitle shall conduct an objec23 tive strengths and needs assessment of the resources of 

24 the community for which such PROMISE Coordinating 

25 Council was established, to identify the unmet needs of 


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1 youth in the community with respect to evidence-based 

2 and promising practices related to juvenile delinquency 

3 and criminal street gang activity prevention and interven4 tion. The PROMISE Coordinating Council shall consult 

5 with a research partner receiving a grant under section 

6 302 for assistance with such assessment. Such assessment 

7 shall include, with respect to the community for which 

8 such PROMISE Coordinating Council was established— 

9 (1) the number of youth who are at-risk of in10 volvement in juvenile delinquency or street gang ac11 tivity; 

12 (2) the number of youth who are involved in ju13 venile delinquency or criminal street gang activity, 

14 including the number of such youth who are at high 

15 risk of continued involvement; 

16 (3) youth unemployment rates during the sum17 mer; 

18 (4) the number of individuals on public finan19 cial assistance (including a breakdown of the num20 bers of men, women, and children on such assist21 ance); 

22 (5) the estimated number of youth who are 

23 chronically truant; 

24 (6) the number of youth who have dropped out 

25 of school in the previous year; 


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1 (7) for the year before such assessment, the es2 timated total amount expended (by the community 

3 and other entities) for the incarceration of offenders 

4 who were convicted or adjudicated delinquent for an 

5 offense that was committed in such community, in6 cluding amounts expended for the incarceration of 

7 offenders in prisons, jails, and juvenile facilities that 

8 are located in the United States but are not located 

9 in such community; 

10 (8) a comparison of the amount under para11 graph (7) with an estimation of the amount that 

12 would be expended for the incarceration of offenders 

13 described in such paragraph if the number of offend14 ers described in such paragraph was equal to the na15 tional average incarceration rate per 100,000 popu16 lation; and 

17 (9) a description of evidence-based and prom18 ising practices related to juvenile delinquency and 

19 criminal street gang activity prevention available for 

20 youth in the community, including school-based pro21 grams, after school programs (particularly programs 

22 that have activities available for youth between 3 

23 p.m. and 6 p.m. in the afternoon), weekend activities 

24 and programs, youth mentoring programs, faith and 


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1 community-based programs, summer activities, and 

2 summer jobs, if any; and 

3 (10) a description of evidence-based and prom4 ising intervention practices available for youth in the 

5 community. 

6 (b) LIMITATION ON USE OF ASSESSMENT INFORMA7 TION.—Information gathered pursuant to this section may 

8 be used for the sole purpose of developing a PROMISE 

9 Plan in accordance with this subtitle. 

10 SEC. 220. PROMISE PLAN COMPONENTS. 

11 (a) IN GENERAL.—Each PROMISE Coordinating 

12 Council receiving funds from a unit of local government 

13 or Indian tribe under this subtitle shall develop a PROM14 ISE Plan to provide for the coordination of, and, as appro15 priate, to support the delivery of, evidence-based and 

16 promising practices related to juvenile delinquency and 

17 criminal street gang activity prevention and intervention 

18 to youth and families who reside in the community for 

19 which such PROMISE Coordinating Council was estab20 lished. Such a PROMISE Plan shall— 

21 (1) include the strategy by which the PROM22 ISE Coordinating Council plans to prioritize and al23 locate resources and services toward the unmet 

24 needs of youth in the community, consistent with the 

25 needs and available resources of communities with 


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1 the greatest need for assistance, as determined pur2 suant to section 102; 

3 (2) include a combination of evidence-based and 

4 promising prevention and intervention practices that 

5 are responsive to the needs of the community; and 

6 (3) ensure that cultural and linguistic needs of 

7 the community are met. 

8 (b) MANDATORY COMPONENTS.—Each PROMISE 

9 Plan shall— 

10 (1) include a plan to connect youth identified in 

11 paragraphs (1) and (2) of section 204(a) to evi12 dence-based and promising practices related to juve13 nile delinquency and criminal street gang activity 

14 prevention and intervention; 

15 (2) identify the amount or percentage of local 

16 funds that are available to the PROMISE Coordi17 nating Council to carry out the PROMISE Plan; 

18 (3) provide strategies to improve indigent de19 fense delivery systems, with particular attention 

20 given to groups of children who are disproportion21 ately represented in the State delinquency system 

22 and Federal criminal justice system, as compared to 

23 the representation of such groups in the general 

24 population of the State; 


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1 (4) provide for training (which complies with 

2 the American Bar Association Juvenile Justice 

3 Standards for the representation and care of youth 

4 in the juvenile justice system) of prosecutors, de5 fenders, probation officers, judges and other court 

6 personnel related to issues concerning the develop7 mental needs, challenges, and potential of youth in 

8 the juvenile justice system (including training re9 lated to adolescent development and mental health 

10 issues, and the expected impact of evidence-based 

11 practices and cost reduction strategies); 

12 (5) ensure that the number of youth involved in 

13 the juvenile delinquency and criminal justice systems 

14 does not increase as a result of the activities under15 taken with the funds provided under this subtitle; 

16 (6) describe the coordinated strategy that will 

17 be used by the PROMISE Coordinating Council to 

18 provide at-risk youth with evidence-based and prom19 ising practices related to juvenile delinquency and 

20 criminal street gang activity prevention and inter21 vention; 

22 (7) propose the performance evaluation process 

23 to be used to carry out section 211(d), which shall 

24 include performance measures to assess efforts to 

25 address the unmet needs of youth in the community 


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1 with evidence-based and promising practices related 

2 to juvenile delinquency and criminal street gang ac3 tivity prevention and intervention; and 

4 (8) identify the research partner the PROMISE 

5 Coordinating Council will use to obtain information 

6 on evidence-based and promising practices related to 

7 juvenile delinquency and criminal street gang activ8 ity prevention and intervention, and for the evalua9 tion under section 211(d) of the results of the activi10 ties carried out with funds under this subtitle. 

11 (c) VOLUNTARY COMPONENTS.—In addition to the 

12 components under subsection (b), a PROMISE Plan may 

13 include evidence-based or promising practices related to 

14 juvenile delinquency and criminal street gang activity pre15 vention and intervention in the following categories: 

16 (1) Early childhood development services (such 

17 as prenatal and neonatal health services), early 

18 childhood prevention, voluntary home visiting pro19 grams, nurse-family partnership programs, par20 enting and healthy relationship skills training, child 

21 abuse prevention programs, Early Head Start, and 

22 Head Start. 

23 (2) Child protection and safety services (such as 

24 foster care and adoption assistance programs), famVerDate Sep 11 2014 03:25 Mar 10, 2018 Jkt 079200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H5164.IH H5164

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1 ily stabilization programs, child welfare services, and 

2 family violence intervention programs. 

3 (3) Youth and adolescent development services, 

4 including job training and apprenticeship programs, 

5 job placement and retention training, education and 

6 after school programs (such as school programs with 

7 shared governance by students, teachers, and par8 ents, and activities for youth between the hours of 

9 3 p.m. and 6 p.m. in the afternoon), mentoring pro10 grams, conflict resolution skills training, sports, 

11 arts, life skills, employment and recreation pro12 grams, summer jobs, and summer recreation pro13 grams, and alternative school resources for youth 

14 who have dropped out of school or demonstrate 

15 chronic truancy. 

16 (4) Health and mental health services, includ17 ing cognitive behavioral therapy, play therapy, and 

18 peer mentoring and counseling. 

19 (5) Substance abuse counseling and treatment 

20 services, including harm-reduction strategies. 

21 (6) Emergency, transitional, and permanent 

22 housing assistance (such as safe shelter and housing 

23 for runaway and homeless youth). 

24 (7) Targeted gang prevention, intervention, and 

25 exit services such as tattoo removal, successful modVerDate Sep 11 2014 03:25 Mar 10, 2018 Jkt 079200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H5164.IH H5164

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1 els of anti-gang crime outreach programs (such as 

2 ‘‘street worker’’ programs), and other criminal street 

3 gang truce or peacemaking activities. 

4 (8) Training and education programs for preg5 nant teens and teen parents. 

6 (9) Restorative justice programs. 

7 (10) Alternatives to detention and confinement 

8 programs (such as mandated participation in com9 munity service, restitution, counseling, and intensive 

10 individual and family therapeutic approaches). 

11 (11) Prerelease, postrelease, and reentry serv12 ices to assist detained and incarcerated youth with 

13 transitioning back into and reentering the commu14 nity. 

15 SEC. 221. AUTHORIZATION OF APPROPRIATIONS. 

16 For fiscal years 2016 through 2020, of the amount 

17 made available under section 224 to carry out this Act 

18 for any fiscal year, not more than 15 percent shall be 

19 made available to carry out this subtitle. 

20 Subchapter B—PROMISE Implementation 

21 Grants 

22 SEC. 222. PROMISE IMPLEMENTATION GRANTS AUTHOR23 IZED. 

24 (a) PROMISE IMPLEMENTATION GRANTS AUTHOR25 IZED.—The Administrator of the Office of Juvenile JusVerDate Sep 11 2014 03:25 Mar 10, 2018 Jkt 079200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H5164.IH H5164

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1 tice and Delinquency Prevention is authorized to award 

2 grants to units of local government and Indian tribes to 

3 assist PROMISE Coordinating Councils with imple4 menting PROMISE Plans developed pursuant to subtitle 

5 A. 

6 (b) GRANT DURATION AND AMOUNT.— 

7 (1) DURATION.—A grant awarded under this 

8 subtitle shall be for a 3-year period. 

9 (2) MAXIMUM GRANT AMOUNT.—A grant 

10 awarded under this subtitle shall not be for more 

11 than $10,000,000 per year for each year of the 

12 grant period. 

13 (c) NON-FEDERAL FUNDS REQUIRED.—For each fis14 cal year during the 3-year grant period for a grant under 

15 this subtitle, each unit of local government or Indian tribe 

16 receiving such a grant for a PROMISE Coordinating 

17 Council shall provide, from non-Federal funds, in cash or 

18 in kind, 25 percent of the costs of the activities carried 

19 out with such grant. 

20 (d) EVALUATION.—Of any funds provided to a unit 

21 of local government or an Indian tribe for a grant under 

22 this subtitle, not more than $100,000 shall be used to pro23 vide a contract to a competitively selected organization to 

24 assess the progress of the unit or tribe in addressing the 


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1 unmet needs of youth in the community, in accordance 

2 with the performance measures under section 204(b)(7). 

3 SEC. 223. PROMISE IMPLEMENTATION GRANT APPLICA4 TION REQUIREMENTS. 

5 (a) APPLICATION REQUIRED.—To be eligible to re6 ceive a PROMISE Implementation grant under this sub7 title, a unit of local government or Indian tribe that re8 ceived a PROMISE Assessment and Planning grant under 

9 subtitle A shall submit an application to the Administrator 

10 of the Office of Juvenile Justice and Delinquency Preven11 tion not later than 1 year after the date such unit of local 

12 government or Indian tribe was awarded such grant under 

13 subtitle A, in such manner, and accompanied by such in14 formation, as the Administrator, after consultation with 

15 the organization under section 223(f)(1) of the Juvenile 

16 Justice and Delinquency Prevention Act of 1974 (42 

17 U.S.C. 5633(f)(1)), may require. 

18 (b) CONTENTS OF APPLICATION.—Each application 

19 submitted under subsection (a) shall— 

20 (1) identify potential savings from criminal jus21 tice costs, public assistance costs, and other costs 

22 avoided by utilizing evidence-based and promising 

23 practices related to juvenile delinquency and crimi24 nal street gang activity prevention and intervention; 

25 (2) document— 


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1 (A) investment in evidence-based and 

2 promising practices related to juvenile delin3 quency and criminal street gang activity preven4 tion and intervention to be provided by the unit 

5 of local government or Indian tribe; 

6 (B) the activities to be undertaken with 

7 the grants funds; 

8 (C) any expected efficiencies in the juvenile 

9 justice or other local systems to be attained as 

10 a result of implementation of the programs 

11 funded by the grant; and 

12 (D) outcomes from such activities, in 

13 terms of the expected numbers related to re14 duced criminal activity; 

15 (3) describe how savings sustained from invest16 ment in prevention and intervention practices will be 

17 reinvested in the continuing implementation of the 

18 PROMISE Plan; and 

19 (4) provide an assurance that the local fiscal 

20 contribution with respect to evidence-based and 

21 promising practices related to juvenile delinquency 

22 and criminal street gang activity prevention and 

23 intervention in the community for which the PROM24 ISE Coordinating Council was established for each 

25 year of the grant period will not be less than the 


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1 local fiscal contribution with respect to such prac2 tices in the community for the year preceding the 

3 first year of the grant period. 

4 SEC. 224. GRANT AWARD GUIDELINES. 

5 (a) SELECTION AND DISTRIBUTION.—Grants award6 ed under this subtitle shall be awarded on a competitive 

7 basis. The Administrator shall— 

8 (1) take such steps as may be necessary to en9 sure that grants are awarded to units of local gov10 ernments and Indian tribes in areas with the highest 

11 concentrations of youth who are— 

12 (A) at risk of involvement in juvenile delin13 quency or criminal street gang activity; and 

14 (B) involved in juvenile delinquency or 

15 street gang activity and who are at high-risk of 

16 continued involvement; and 

17 (2) give consideration to the need for grants to 

18 be awarded to units of local governments and Indian 

19 tribes in each region of the United States, and 

20 among urban, suburban, and rural areas. 

21 (b) EXTENSION OF GRANT AWARD.—The Adminis22 trator may extend the grant period under section 

23 211(b)(1) for a PROMISE Implementation grant to a unit 

24 of local government or an Indian tribe, in accordance with 

25 regulations issued by the Administrator. 


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1 (c) RENEWAL OF GRANT AWARD.—Subject to the 

2 availability of appropriations, the Administrator may 

3 renew a PROMISE Implementation grant to a unit of 

4 local government or an Indian tribe to provide such unit 

5 or tribe with additional funds to continue implementation 

6 of a PROMISE Plan. Such a renewal— 

7 (1) shall be initiated by an application for re8 newal from a unit of local government or an Indian 

9 tribe; 

10 (2) shall be carried out in accordance with reg11 ulations issued by the Administrator; and 

12 (3) shall not be granted unless the Adminis13 trator determines such a renewal to be appropriate 

14 based on the results of the evaluation conducted 

15 under section 223(a) with respect to the community 

16 of such unit or tribe for which a PROMISE Coordi17 nating Council was established, and for which such 

18 unit or tribe is applying for renewal. 

19 SEC. 225. REPORTS. 

20 Not later than 1 year after the end of the grant pe21 riod for which a unit of local government or an Indian 

22 tribe receives a PROMISE Implementation grant, and an23 nually thereafter for as long as such unit or tribe con24 tinues to receive Federal funding for a PROMISE Coordi25 nating Council, such unit or tribe shall report to the AdVerDate Sep 11 2014 21:38 Mar 13, 2018 Jkt 079200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H5164.IH H5164

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1 ministrator regarding the use of Federal funds to imple2 ment the PROMISE Plan developed under subtitle A. 

3 SEC. 226. AUTHORIZATION OF APPROPRIATIONS. 

4 For fiscal years 2016 through 2020, of the amount 

5 made available under section 224 to carry out this Act 

6 for any fiscal year, not more than 75 percent shall be 

7 made available to carry out this subtitle. 

8 Subchapter C—General PROMISE Grant 

9 Provisions 

10 SEC. 227. NONSUPPLANTING CLAUSE. 

11 A unit of local government or Indian tribe receiving 

12 a grant under this title shall use such grant only to supple13 ment, and not supplant, the amount of funds that, in the 

14 absence of such grant, would be available to address the 

15 needs of youth in the community with respect to evidence16 based and promising practices related to juvenile delin17 quency and criminal street gang activity prevention and 

18 intervention. 

19 SEC. 228. GRANT APPLICATION REVIEW PANEL. 

20 The Administrator of the Office of Juvenile Justice 

21 and Delinquency Prevention, in conjunction with the 

22 PROMISE Advisory Panel, shall establish and utilize a 

23 transparent, reliable, and valid system for evaluating ap24 plications for PROMISE Assessment and Planning grants 

25 and for PROMISE Implementation grants, and shall deVerDate Sep 11 2014 03:25 Mar 10, 2018 Jkt 079200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H5164.IH H5164

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1 termine which applicants meet the criteria for funding, 

2 based primarily on a determination of greatest need (in 

3 accordance with section 102), with due consideration to 

4 other enumerated factors and the indicated ability of the 

5 applicant to successfully implement the program described 

6 in the application. 

7 SEC. 229. EVALUATION OF PROMISE GRANT PROGRAMS. 

8 (a) EVALUATION REQUIRED.—Subject to the avail9 ability of appropriations under this title, the Adminis10 trator shall, in consultation with the organization provided 

11 assistance under section 223(f)(1) of the Juvenile Justice 

12 and Delinquency Prevention Act of 1974 (42 U.S.C. 

13 5633(f)(1)), provide for an evaluation of the programs and 

14 activities carried out with grants under this title. In car15 rying out this section, the Administrator shall— 

16 (1) award grants to institutions of higher edu17 cation (including institutions that are eligible to re18 ceive funds under part F of title III of the Higher 

19 Education Act of 1965 (20 U.S.C. 1067q et seq.)), 

20 to facilitate the evaluation process and measurement 

21 of achieved outcomes; 

22 (2) identify evidence-based and promising prac23 tices used by PROMISE Coordinating Councils 

24 under PROMISE Implementation grants that have 

25 proven to be effective in preventing involvement in, 


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1 or diverting further involvement in, juvenile delin2 quency or criminal street gang activity; and 

3 (3) ensure— 

4 (A) that such evaluation is based on the 

5 performance standards that are developed by 

6 the PROMISE Advisory Panel in accordance 

7 with section 223(g) of the Juvenile Justice and 

8 Delinquency Prevention Act of 1974 (as added 

9 by section 101(b) of this Act); 

10 (B) the development of longitudinal and 

11 clinical trial evaluation and performance meas12 urements with regard to the evidence-based and 

13 promising practices funded under this title; and 

14 (C) the dissemination of the practices iden15 tified in paragraph (2) to the National Re16 search Center for Proven Juvenile Justice Prac17 tices (established under section 301), units of 

18 local government, and Indian tribes to promote 

19 the use of such practices by such units and 

20 tribes to prevent involvement in, or to divert 

21 further involvement in, juvenile delinquency or 

22 criminal street gang activity. 

23 (b) RESULTS TO THE NATIONAL RESEARCH CENTER

24 FOR PROVEN JUVENILE JUSTICE PRACTICES.—The Ad25 ministrator shall provide the results of the evaluation 


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1 under subsection (a) to the National Research Center for 

2 Proven Juvenile Justice Practices established under sec3 tion 301. 

4 SEC. 230. RESERVATION OF FUNDS. 

5 For fiscal years 2016 through 2020, not more than 

6 20 percent of the total amount appropriated to the Office 

7 of Juvenile Justice and Delinquency Prevention to carry 

8 out Youth Mentoring Programs for each fiscal year shall 

9 be made available to carry out this Act. 

10 CHAPTER 3—PROMISE RESEARCH 

11 CENTERS 

12 SEC. 231. ESTABLISHMENT OF THE NATIONAL RESEARCH 

13 CENTER FOR PROVEN JUVENILE JUSTICE 

14 PRACTICES. 

15 (a) CENTER ESTABLISHED.—Subject to the avail16 ability of appropriations, the Administrator shall award a 

17 grant to a nonprofit organization with a national reputa18 tion for expertise in operating or evaluating effective, evi19 dence-based practices related to juvenile delinquency and 

20 criminal street gang activity prevention or intervention to 

21 develop a National Research Center for Proven Juvenile 

22 Justice Practices. Such Center shall— 

23 (1) collaborate with institutions of higher edu24 cation as regional partners to create a best practices 

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1 port the programs and activities carried out with 

2 grants under title II of this Act; 

3 (2) collect, and disseminate to PROMISE Co4 ordinating Councils, research and other information 

5 about evidence-based and promising practices related 

6 to juvenile delinquency and criminal street gang ac7 tivity prevention and intervention to inform the ef8 forts of PROMISE Coordinating Councils and re9 gional research partners and to support the pro10 grams and activities carried out with grants under 

11 title II of this Act; 

12 (3) increase the public’s knowledge and under13 standing of effective juvenile justice practices to pre14 vent crime and delinquency and reduce recidivism; 

15 and 

16 (4) develop, manage, and regularly update a 

17 site to disseminate proven practices for successful 

18 juvenile delinquency prevention and intervention. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the 

20 amount made available under section 224 to carry out this 

21 Act— 

22 (1) for fiscal year 2016, not more than 2.5 per23 cent of such amount shall be made available to carry 

24 out this section; and 


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1 (2) for fiscal years 2017 through 2020, not 

2 more than 4 percent of such amount shall be made 

3 available to carry out this section. 

4 SEC. 232. GRANTS FOR REGIONAL RESEARCH PROVEN 

5 PRACTICES PARTNERSHIPS. 

6 (a) GRANT PROGRAM AUTHORIZED.—The Adminis7 trator shall, subject to the availability of appropriations, 

8 establish a grant program to award grants to institutions 

9 of higher education to serve as regional research partners 

10 with PROMISE Coordinating Councils that are located in 

11 the same geographic region as an institution, in collabora12 tion with the National Research Center for Proven Juve13 nile Justice Practices authorized under section 301. Re14 gional research partners shall provide research support to 

15 such PROMISE Coordinating Councils, including— 

16 (1) assistance with preparing PROMISE grant 

17 applications under title II, including collection of 

18 baseline data for such applications; 

19 (2) assistance with the needs and strengths as20 sessments conducted under section 203; and 

21 (3) provision of support services to PROMISE 

22 grant recipients for data collection and analysis to 

23 assess progress under the PROMISE grant. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Of the 

2 amount made available under section 224 to carry out this 

3 Act— 

4 (1) for fiscal year 2016, not more than 2.5 per5 cent of such amount shall be made available to carry 

6 out this section; and 

7 (2) for fiscal years 2017 through 2020, not 

8 more than 4 percent of such amount shall be made 

9 available to carry out this section. 

10 Subtitle C—Safe Streets and 

11 Representative Police Forces 

12 SEC. 241. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Safe Streets and 

14 Representative Police Forces Act of 2015’’. 

15 SEC. 242. GRANTS TO INCREASE THE RACIAL DIVERSITY OF 

16 LAW ENFORCEMENT AGENCIES. 

17 Section 1701(b) of the Omnibus Crime Control and 

18 Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amend19 ed— 

20 (1) in paragraph (16), by striking ‘‘and’’ at the 

21 end; 

22 (2) by redesignating paragraph (17) as para23 graph (18); 

24 (3) by inserting after paragraph (16) the fol25 lowing: 


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1 ‘‘(17) to increase the racial diversity of law en2 forcement agencies by awarding grants to institu3 tions of higher education (as such term is defined in 

4 section 101(a) of the Higher Education Act of 1965 

5 (20 U.S.C. 1001)), with priority given to Predomi6 nantly Black Institutions (as such term is defined in 

7 section 318 of the Higher Education Act of 1965 

8 (20 U.S.C. 1059e)), historically Black colleges and 

9 universities (as such term is defined in section 631 

10 of the Higher Education Act of 1965 (20 U.S.C. 

11 1132)), institutions of higher education at which not 

12 less than 40 percent of the enrolled students are 

13 Latino, and institutions of higher education at which 

14 not less than 40 percent of the enrolled students are 

15 Native American, to support majors related to crimi16 nal justice, including psychology, sociology, prelaw, 

17 and criminal justice majors; and’’; and 

18 (4) in paragraph (18), as so redesignated, by 

19 striking ‘‘paragraphs (1) through (16)’’ and insert20 ing ‘‘paragraphs (1) through (17)’’. 


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1 TITLE III—COMMON SENSE GUN 

2 VIOLENCE PREVENTION 

3 Subtitle A—Hadiya Pendleton and 

4 Nyasia Pryear-Yard Gun Traf5 ficking and Crime Prevention 

6 SEC. 301. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Hadiya Pendleton 

8 and Nyasia Pryear-Yard Gun Trafficking and Crime Pre9 vention Act of 2018’’. 

10 SEC. 302. FIREARMS TRAFFICKING. 

11 (a) IN GENERAL.—Chapter 44 of title 18, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘§ 932. Trafficking in firearms 

15 ‘‘(a) OFFENSES.—It shall be unlawful for any person, 

16 regardless of whether anything of value is exchanged— 

17 ‘‘(1) to ship, transport, transfer, or otherwise 

18 dispose to a person, two or more firearms in or af19 fecting interstate or foreign commerce, if the trans20 feror knows or has reasonable cause to believe that 

21 such use, carry, possession, or disposition of the fire22 arm would be in violation of, or would result in a 

23 violation of any Federal, State, or local law punish24 able by a term of imprisonment exceeding 1 year; 


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1 ‘‘(2) to receive from a person, two or more fire2 arms in or affecting interstate or foreign commerce, 

3 if the recipient knows or has reasonable cause to be4 lieve that such receipt would be in violation of, or 

5 would result in a violation of any Federal, State, or 

6 local law punishable by a term of imprisonment ex7 ceeding 1 year; 

8 ‘‘(3) to make a statement to a licensed im9 porter, licensed manufacturer, or licensed dealer re10 lating to the purchase, receipt, or acquisition from 

11 a licensed importer, licensed manufacturer, or li12 censed dealer of two or more firearms that have 

13 moved in or affected interstate or foreign commerce 

14 that— 

15 ‘‘(A) is material to— 

16 ‘‘(i) the identity of the actual buyer of 

17 the firearms; or 

18 ‘‘(ii) the intended trafficking of the 

19 firearms; and 

20 ‘‘(B) the person knows or has reasonable 

21 cause to believe is false; or 

22 ‘‘(4) to direct, promote, or facilitate conduct 

23 specified in paragraph (1), (2), or (3). 

24 ‘‘(b) PENALTIES.— 


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1 ‘‘(1) IN GENERAL.—Any person who violates, or 

2 conspires to violate, subsection (a) shall be fined 

3 under this title, imprisoned for not more than 20 

4 years, or both. 

5 ‘‘(2) ORGANIZER ENHANCEMENT.—If a viola6 tion of subsection (a) is committed by a person in 

7 concert with five or more other persons with respect 

8 to whom such person occupies a position of orga9 nizer, a supervisory position, or any other position of 

10 management, such person may be sentenced to an 

11 additional term of imprisonment of not more than 5 

12 consecutive years. 

13 ‘‘(c) DEFINITIONS.—In this section— 

14 ‘‘(1) the term ‘actual buyer’ means the indi15 vidual for whom a firearm is being purchased, re16 ceived, or acquired; and 

17 ‘‘(2) the term ‘term of imprisonment exceeding 

18 1 year’ does not include any offense classified by the 

19 applicable jurisdiction as a misdemeanor and punish20 able by a term of imprisonment of 2 years or less.’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

22 The table of sections for chapter 44 of title 18, United 

23 States Code, is amended by adding at the end the fol24 lowing: 

‘‘932. Trafficking in firearms.’’. 

25 (c) DIRECTIVE TO THE SENTENCING COMMISSION.— 


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1 (1) IN GENERAL.—Pursuant to its authority 

2 under section 994(p) of title 28, United States Code, 

3 the United States Sentencing Commission shall re4 view and, if appropriate, amend the Federal sen5 tencing guidelines and policy statements applicable 

6 to persons convicted of offenses under section 932 of 

7 title 18, United States Code (as added by subsection 

8 (a)). 

9 (2) REQUIREMENTS.—In carrying out this sec10 tion, the Commission shall— 

11 (A) review the penalty structure that the 

12 guidelines currently provide based on the num13 ber of firearms involved in the offense and de14 termine whether any changes to that penalty 

15 structure are appropriate in order to reflect the 

16 intent of Congress that such penalties reflect 

17 the gravity of the offense; and 

18 (B) review and amend, if appropriate, the 

19 guidelines and policy statements to reflect the 

20 intent of Congress that guideline penalties for 

21 violations of section 932 of title 18, United 

22 States Code, and similar offenses be increased 

23 substantially when committed by a person who 

24 is a member of a gang, cartel, organized crime 

25 ring, or other such enterprise or in concert with 


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1 another person who is a member of a gang, car2 tel, organized crime ring or other such enter3 prise. 

4 Subtitle B—Report on Effects of 

5 Gun Violence on Public Health 

6 SEC. 311. REPORT ON EFFECTS OF GUN VIOLENCE ON PUB7 LIC HEALTH. 

8 Not later than 1 year after the date of the enactment 

9 of this Act, and annually thereafter, the Surgeon General 

10 of the Public Health Service shall submit to Congress a 

11 report on the effects on public health of gun violence in 

12 the United States during the relevant period, and the sta13 tus of actions taken to address such effects. 

14 SEC. 312. PROHIBITION ON CERTAIN AMENDMENTS TO AP15 PROPRIATIONS MEASURES. 

16 Clause 2 of rule XXI of the Rules of the House of 

17 Representatives is amended by adding at the end the fol18 lowing new paragraph: 

19 ‘‘(g) A provision prohibiting the use of funds to 

20 study the public health effects of gun violence may 

21 not be reported in a general appropriation bill and 

22 may not be in order in any amendment thereto.’’. 


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1 Subtitle C—Keeping Guns From 

2 High-Risk Individuals 

3 SEC. 321. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Keeping Guns 

5 from High-Risk Individuals Act’’. 

6 SEC. 322. FIREARM PROHIBITIONS APPLICABLE WITH RE7 SPECT TO CERTAIN HIGH-RISK INDIVIDUALS. 

8 (a) SALES OR OTHER DISPOSITIONS.—Section 

9 922(d) of title 18, United States Code, is amended in the 

10 first sentence— 

11 (1) by striking ‘‘or’’ at the end of paragraph 

12 (8); 

13 (2) by striking the period at the end of para14 graph (9) and inserting a semicolon; and 

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

16 ‘‘(10) in the most recent 10-year period, has 

17 been convicted in any court of a crime of violence 

18 (as defined in section 16); 

19 ‘‘(11) has not attained 25 years of age, and has 

20 been adjudicated by any court as having committed 

21 an offense that would have been a crime of violence 

22 (as defined in section 16) if committed by an adult; 

23 ‘‘(12) in any period of 3 consecutive years in 

24 the most recent 10-year period, has been convicted 

25 in any court, on 2 separate occasions, of an offense 


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1 that has, as an element, the possession or distribu2 tion of, or the intent to possess or distribute, alcohol 

3 or a controlled substance (as so defined); or 

4 ‘‘(13) has been convicted in any court of stalk5 ing.’’. 

6 (b) POSSESSION, SHIPMENT, TRANSPORTATION, OR

7 RECEIPT.—Section 922(g) of such title is amended— 

8 (1) by striking ‘‘or’’ at the end of paragraph 

9 (8); 

10 (2) by striking the comma at the end of para11 graph (9) and inserting a semicolon; and 

12 (3) by inserting after paragraph (9) the fol13 lowing: 

14 ‘‘(10) who, in the most recent 10-year period, 

15 has been convicted in any court of a crime of vio16 lence (as defined in section 16); 

17 ‘‘(11) who has not attained 25 years of age and 

18 has been adjudicated by any court as having com19 mitted an offense that would have been a crime of 

20 violence (as defined in section 16) if committed by 

21 an adult; 

22 ‘‘(12) who, in any period of 3 consecutive years 

23 in the most recent 10-year period, has been con24 victed in any court, on 2 separate occasions, of an 

25 offense that has, as an element, the possession or 


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1 distribution of, or the intent to possess or distribute, 

2 alcohol or a controlled substance (as so defined); or 

3 ‘‘(13) who has been convicted in any court of 

4 stalking,’’. 

5 Subtitle D—Strengthening Gun 

6 Checks Act 

7 SEC. 341. SHORT TITLE; TABLE OF CONTENTS. 

8 This subtitle may be cited as the ‘‘Strengthening Gun 

9 Checks Act of 2018’’. 

10 CHAPTER 1—ENSURING THAT ALL INDI11 VIDUALS WHO SHOULD BE PROHIB12 ITED FROM BUYING A GUN ARE LIST13 ED IN THE NATIONAL INSTANT CRIMI14 NAL BACKGROUND CHECK SYSTEM 

15 SEC. 342. STATES TO MAKE DATA ELECTRONICALLY AVAIL16 ABLE TO THE NATIONAL INSTANT CRIMINAL 

17 BACKGROUND CHECK SYSTEM. 

18 (a) IN GENERAL.—Section 102(b) of the NICS Im19 provement Amendments Act of 2007 (18 U.S.C. 922 note) 

20 is amended to read as follows: 

21 ‘‘(b) IMPLEMENTATION PLAN.— 

22 ‘‘(1) IN GENERAL.—Within 1 year after the 

23 date of the enactment of this subsection, the Attor24 ney General, in coordination with the States, shall 

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1 ment, a plan to ensure maximum coordination and 

2 automation of the reporting of records or making of 

3 records available to the National Instant Criminal 

4 Background Check System established under section 

5 103 of the Brady Handgun Violence Prevention Act, 

6 during a 4-year period specified in the plan. 

7 ‘‘(2) BENCHMARK REQUIREMENTS.—Each such 

8 plan shall include annual benchmarks, including 

9 qualitative goals and quantitative measures, to en10 able the Attorney General to assess implementation 

11 of the plan.’’. 

12 (b) INCENTIVE GRANTS FOR RAPID COMPLIANCE.— 

13 Section 506 of the Omnibus Crime Control and Safe 

14 Streets Act of 1968 (42 U.S.C. 3756) is amended by add15 ing at the end the following: 

16 ‘‘(c) Of the total amount made available to carry out 

17 this subpart for a fiscal year, the Attorney General shall 

18 reserve not more than $50,000,000 for incentive grants 

19 by the Attorney General to States that comply with section 

20 102(b) of the NICS Improvement Amendments Act of 

21 2007 (18 U.S.C. 922 note), in accordance with the fol22 lowing: 

23 ‘‘(1) During the 4-year period covered by a plan 

24 established under such section, if the State meets 

25 the benchmark established under paragraph (2) of 


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1 such section, the State may receive an incentive 

2 grant under this paragraph. 

3 ‘‘(2) The Attorney General shall allocate the 

4 amounts reserved under this section equally among 

5 each State receiving an incentive grant.’’. 

6 SEC. 343. REQUIREMENT THAT FEDERAL AGENCIES CER7 TIFY THAT THEY HAVE SUBMITTED TO THE 

8 NATIONAL INSTANT CRIMINAL BACKGROUND 

9 CHECK SYSTEM ALL RECORDS IDENTIFYING 

10 PERSONS PROHIBITED FROM PURCHASING 

11 FIREARMS UNDER FEDERAL LAW. 

12 Section 103(e)(1) of the Brady Handgun Violence 

13 Prevention Act (18 U.S.C. 922 note) is amended by add14 ing at the end the following: 

15 ‘‘(F) SEMIANNUAL CERTIFICATION AND

16 REPORTING.— 

17 ‘‘(i) IN GENERAL.—The head of each 

18 Federal department or agency shall submit 

19 to the Attorney General a written certifi20 cation indicating whether the department 

21 or agency has provided to the Attorney 

22 General the pertinent information con23 tained in any record of any person that the 

24 department or agency was in possession of 

25 during the time period addressed by the 


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1 report demonstrating that the person falls 

2 within a category described in subsection 

3 (g) or (n) of section 922 of title 18, United 

4 States Code. 

5 ‘‘(ii) SUBMISSION DATES.—The head 

6 of a Federal department or agency shall 

7 submit a certification under clause (i)— 

8 ‘‘(I) not later than July 31 of 

9 each year, which shall address any 

10 record the department or agency was 

11 in possession of during the period be12 ginning on January 1 of the year and 

13 ending on June 30 of the year; and 

14 ‘‘(II) not later than January 31 

15 of each year, which shall address any 

16 record the department or agency was 

17 in possession of during the period be18 ginning on July 1 of the previous year 

19 and ending on December 31 of the 

20 previous year. 

21 ‘‘(iii) CONTENTS.—A certification re22 quired under clause (i) shall state, for the 

23 applicable period— 

24 ‘‘(I) the number of records of the 

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1 onstrating that a person fell within 

2 each of the categories described in 

3 section 922(g) of title 18, United 

4 States Code; 

5 ‘‘(II) the number of records of 

6 the Federal department or agency 

7 demonstrating that a person fell with8 in the category described in section 

9 922(n) of title 18, United States 

10 Code; and 

11 ‘‘(III) for each category of 

12 records described in subclauses (I) 

13 and (II), the total number of records 

14 of the Federal department or agency 

15 that have been provided to the Attor16 ney General.’’. 

17 SEC. 344. ADJUDICATED AS A MENTAL DEFECTIVE. 

18 (a) IN GENERAL.—Section 921(a) of title 18, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘(36) The term ‘adjudicated as a mental defective’ 

22 shall— 

23 ‘‘(A) have the meaning given the term in sec24 tion 478.11 of title 27, Code of Federal Regulations, 

25 or any successor thereto; and 


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1 ‘‘(B) include an order by a court, board, com2 mission, or other lawful authority that a person, in 

3 response to mental illness, incompetency, or marked 

4 subnormal intelligence, be compelled to receive serv5 ices— 

6 ‘‘(i) including counseling, medication, or 

7 testing to determine compliance with prescribed 

8 medications; and 

9 ‘‘(ii) not including testing for use of alco10 hol or for abuse of any controlled substance or 

11 other drug. 

12 ‘‘(37) The term ‘committed to a mental institution’ 

13 shall have the meaning given the term in section 478.11 

14 of title 27, Code of Federal Regulations, or any successor 

15 thereto.’’. 

16 (b) LIMITATION.—An individual who has been adju17 dicated as a mental defective before the effective date de18 scribed in section 203 may not apply for relief from dis19 ability under section 101(c)(2) of the NICS Improvement 

20 Amendments Act of 2007 (18 U.S.C. 922 note) on the 

21 basis that the individual does not meet the requirements 

22 in section 921(a)(36) of title 18, United States Code, as 

23 added by subsection (a). 

24 (c) NICS IMPROVEMENT AMENDMENTS ACT OF

25 2007.—Section 3 of the NICS Improvement Amendments 


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1 Act of 2007 (18 U.S.C. 922 note) is amended by striking 

2 paragraph (2) and inserting the following: 

3 ‘‘(2) MENTAL HEALTH TERMS.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), the terms ‘adjudicated as a 

6 mental defective’ and ‘committed to a mental 

7 institution’ shall have the meaning given the 

8 terms in section 921(a) of title 18, United 

9 States Code. 

10 ‘‘(B) EXCEPTION.—For purposes of sec11 tions 102 and 103, the terms ‘adjudicated as a 

12 mental defective’ and ‘committed to a mental 

13 institution’ shall have the same meanings as on 

14 the day before the date of enactment of the Fix 

15 Gun Checks Act of 2018 until the end of the 

16 2-year period beginning on such date of enact17 ment.’’. 

18 SEC. 345. CLARIFICATION THAT FEDERAL COURT INFOR19 MATION IS TO BE MADE AVAILABLE TO THE 

20 NATIONAL INSTANT CRIMINAL BACKGROUND 

21 CHECK SYSTEM. 

22 Section 103(e)(1) of the Brady Handgun Violence 

23 Protection Act (18 U.S.C. 922 note), as amended by sec24 tion 102 of this Act, is amended by adding at the end 

25 the following: 


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1 ‘‘(G) APPLICATION TO FEDERAL

2 COURTS.—In this paragraph— 

3 ‘‘(i) the terms ‘department or agency 

4 of the United States’ and ‘Federal depart5 ment or agency’ include a Federal court; 

6 and 

7 ‘‘(ii) for purposes of any request, sub8 mission, or notification, the Director of the 

9 Administrative Office of the United States 

10 Courts shall perform the functions of the 

11 head of the department or agency.’’. 

12 CHAPTER 2—REQUIRING A BACKGROUND 

13 CHECK FOR EVERY FIREARM SALE 

14 SEC. 346. PURPOSE. 

15 The purpose of this chapter is to extend the Brady 

16 Law background check procedures to all sales and trans17 fers of firearms. 

18 SEC. 347. FIREARMS TRANSFERS. 

19 (a) IN GENERAL.—Section 922 of title 18, United 

20 States Code, is amended— 

21 (1) by striking subsection (s) and redesignating 

22 subsection (t) as subsection (s); 

23 (2) in subsection (s), as so redesignated— 

24 (A) in paragraph (3)(C)(ii), by striking 

25 ‘‘(as defined in subsection (s)(8))’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(7) In this subsection, the term ‘chief law en3 forcement officer’ means the chief of police, the 

4 sheriff, or an equivalent officer or the designee of 

5 any such individual.’’; and 

6 (3) by inserting after subsection (s), as so re7 designated, the following: 

8 ‘‘(t)(1) It shall be unlawful for any person who is not 

9 a licensed importer, licensed manufacturer, or licensed 

10 dealer to transfer a firearm to any other person who is 

11 not so licensed, unless a licensed importer, licensed manu12 facturer, or licensed dealer has first taken possession of 

13 the firearm for the purpose of complying with subsection 

14 (s). Upon taking possession of the firearm, the licensee 

15 shall comply with all requirements of this chapter as if 

16 the licensee were transferring the firearm from the inven17 tory of the licensee to the unlicensed transferee. 

18 ‘‘(2) Paragraph (1) shall not apply to— 

19 ‘‘(A) a transfer of a firearm by or to any law 

20 enforcement agency or any law enforcement officer, 

21 armed private security professional, or member of 

22 the armed forces, to the extent the officer, profes23 sional, or member is acting within the course and 

24 scope of employment and official duties; 


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1 ‘‘(B) a transfer between spouses, between do2 mestic partners, between parents and their children, 

3 between siblings, or between grandparents and their 

4 grandchildren; 

5 ‘‘(C) a transfer to an executor, administrator, 

6 trustee, or personal representative of an estate or a 

7 trust that occurs by operation of law upon the death 

8 of another person; 

9 ‘‘(D) a temporary transfer that is necessary to 

10 prevent imminent death or great bodily harm, if the 

11 possession by the transferee lasts only as long as im12 mediately necessary to prevent the imminent death 

13 or great bodily harm; 

14 ‘‘(E) a transfer that is approved by the Attor15 ney General under section 5812 of the Internal Rev16 enue Code of 1986; 

17 ‘‘(F) a temporary transfer if the transferor has 

18 no reason to believe that the transferee will use or 

19 intends to use the firearm in a crime or is prohibited 

20 from possessing firearms under State or Federal 

21 law, and the transfer takes place and the trans22 feree’s possession of the firearm is exclusively— 

23 ‘‘(i) at a shooting range or in a shooting 

24 gallery or other area designated and built for 

25 the purpose of target shooting; 


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1 ‘‘(ii) while hunting, trapping, or fishing, if 

2 the hunting, trapping, or fishing is legal in all 

3 places where the transferee possesses the fire4 arm and the transferee holds all licenses or per5 mits required for such hunting, trapping, or 

6 fishing; or 

7 ‘‘(iii) while in the presence of the trans8 feror. 

9 Nothing in this section shall be construed to pre10 empt any State criminal statutory or case law re11 lated to self-defense, heat of passion, or any other 

12 justifying or mitigation action in a crime or potential 

13 crime involving a firearm.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 (1) SECTION 922.—Section 922(y)(2) of such 

16 title is amended in the matter preceding subpara17 graph (A), by striking ‘‘, (g)(5)(B), and 

18 (s)(3)(B)(v)(II)’’ and inserting ‘‘and (g)(5)(B)’’. 

19 (2) SECTION 925A.—Section 925A of such title 

20 is amended in the matter preceding paragraph (1), 

21 by striking ‘‘subsection (s) or (t) of section 922’’ 

22 and inserting ‘‘section 922(s)’’. 

23 (c) EFFECTIVE DATE.—The amendment made by 

24 subsection (a)(4) shall take effect 180 days after the date 

25 of the enactment of this Act. 


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1 SEC. 348. LOST AND STOLEN REPORTING. 

2 (a) IN GENERAL.—Section 922 of title 18, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘(aa) It shall be unlawful for any person who lawfully 

6 possesses or owns a firearm that has been shipped or 

7 transported in, or has been possessed in or affecting, inter8 state or foreign commerce, to fail to report the theft or 

9 loss of the firearm, within 48 hours after the person dis10 covers the theft or loss, to the Attorney General and to 

11 the appropriate local authorities.’’. 

12 (b) PENALTY.—Section 924(a)(1)(B) of such title is 

13 amended to read as follows: 

14 ‘‘(B) knowingly violates subsection (a)(4), 

15 (f), (k), (q), or (aa) of section 922;’’. 

16 Subtitle E—Background Check 

17 Completion Act 

18 SEC. 351. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘Background Check 

20 Completion Act’’. 


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1 SEC. 352. ELIMINATION OF REQUIREMENT THAT A FIRE2 ARMS DEALER TRANSFER A FIREARM IF THE 

3 NATIONAL INSTANT CRIMINAL BACKGROUND 

4 CHECK SYSTEM HAS BEEN UNABLE TO COM5 PLETE A BACKGROUND CHECK OF THE PRO6 SPECTIVE TRANSFEREE WITHIN 3 BUSINESS 

7 DAYS. 

8 Section 922(t)(1)(B) of title 18, United States Code, 

9 is amended— 

10 (1) by striking ‘‘(i)’’; 

11 (2) by striking ‘‘; or’’ and inserting ‘‘; and’’; 

12 and 

13 (3) by striking clause (ii). 

Æ 


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