[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5671 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5671
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
July 7, 2016
Ms. Kelly of Illinois (for herself, Mrs. Lawrence, Ms. Jackson Lee, Ms.
Schakowsky, Mrs. Watson Coleman, Mr. Richmond, Ms. Duckworth, Mr.
Thompson of Mississippi, Ms. Clarke of New York, Ms. Clark of
Massachusetts, Mr. Lewis, Mr. Rush, Mr. Danny K. Davis of Illinois,
Mrs. Beatty, Ms. Lee, Ms. DeLauro, Mr. Cleaver, Ms. Maxine Waters of
California, Ms. Bass, Mr. Payne, Mr. Cicilline, Mr. Jeffries, Ms.
Adams, Ms. Wilson of Florida, Mr. Larson of Connecticut, Mr. Clyburn,
Ms. Fudge, Ms. DeGette, and Mr. McGovern) 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Urban Progress Act
of 2016''.
(b) Table of Contents.--The table of contents for 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 Startups 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.
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.
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.
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.
TITLE I--SUSTAINABLE COMMUNITY ECONOMIC DEVELOPMENT
Subtitle A--Rental Assistance Housing Preservation and Rehabilitation
Act
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Rental Assistance Housing
Preservation and Rehabilitation Act of 2016''.
SEC. 102. AMENDMENTS TO RENTAL ASSISTANCE DEMONSTRATION.
(a) Amendments.--The matter in the heading ``Rental Assistance
Demonstration'' in title II of the Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2012 (division C
of Public Law 112-55; 125 Stat. 673) is amended--
(1) by striking ``(except for funds allocated under such
section for single room occupancy dwellings as authorized by
title IV of the McKinney-Vento Homeless Assistance Act)'' each
place such phrase appears;
(2) in the third proviso by inserting ``in excess of
amounts made available under this heading'' after ``associated
with such conversion'';
(3) in the fourth proviso--
(A) by striking ``60,000'' and inserting
``150,000''; and
(B) by striking ``or section 8(e)(2)''; and
(4) in the penultimate proviso by striking ``and 2013'' and
inserting ``through 2016''.
(b) Applicability.--The amendments made by subsection (a) shall
apply only to any amounts that are made available for fiscal year 2014
or any fiscal year thereafter for carrying out the demonstration
program established under the heading referred to in subsection (a).
Subtitle B--Hire For a Second Chance Act
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Hire For a Second Chance Act of
2016''.
SEC. 112. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY TAX CREDIT.
(a) Credit Made Permanent.--Section 51(c) of the Internal Revenue
Code of 1986 is amended by striking paragraph (4) and redesignating
paragraph (5) as paragraph (4).
(b) Increase in Wage Limitation for Ex-Felons.--
(1) Limitation on wages taken into account.--Section
51(b)(3) of such Code is amended--
(A) by striking ``subsection (d)(3)(A)(iv), and''
and inserting ``subsection (d)(3)(A)(iv),'', and
(B) by striking ``subsection (d)(3)(A)(ii)(II))''
and inserting ``subsection (d)(3)(A)(ii)(II), and
$14,000 in the case of any individual who is an ex-
felon by reason of subsection (d)(4))''.
(2) Inflation adjustment.--Section 51(b) of such Code is
amended by adding at the end the following:
``(4) Adjustment for inflation.--In the case of any taxable
year beginning after 2016, the $14,000 dollar amount contained
in paragraph (3) relating to ex-felons shall be increased by an
amount equal to the product of--
``(A) such dollar amount, and
``(B) the cost of living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins determined by substituting
`calendar year 2015' for `calendar year 1992' in
subparagraph (B) thereof.
If any increase determined under the preceding sentence is not
a multiple of $50, such increase shall be rounded to the next
lowest multiple of $50.''.
(c) Qualified Ex-Felon.--Section 51(d)(4)(B) of such Code is
amended by striking ``1 year'' and inserting ``3 years''.
(d) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
2015.
Subtitle C--Community Investment and Empowerment Act
SEC. 121. SHORT TITLE.
This subtitle may be cited as the ``Community Investment and
Empowerment Act''.
SEC. 122. PURPOSE.
The purpose of this Act is to assist with the economic growth of
economically disadvantaged communities that have potential for strong
Class 1 commercial investment, but continue to have a difficult time
recruiting Class 1 commercial investment.
SEC. 123. ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL
INVESTMENT IN UNDERSERVED COMMUNITIES.
The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.)
is amended by adding at the end the following new title:
``TITLE VI--ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL
INVESTMENT IN ECONOMICALLY DISADVANTAGED COMMUNITIES
``SEC. 511. GRANT PROGRAM.
``(a) Authorization.--From amounts appropriated under section 513,
the Administrator shall make grants on a competitive basis to
communities for--
``(1) the creation of a grant and/or revolving loan fund
program that helps develop financing packages for Class 1
commercial investment;
``(2) lowering real estate property tax rates;
``(3) conducting community-wide market analysis to help
recruit and/or retain Class 1 commercial investment;
``(4) creating employment training programs for Class 1
business customer service, sales, and managerial positions;
``(5) retail marketing strategies to solicit new Class 1
commercial investment starts in the community;
``(6) program allowances for activities such as the
publication of marketing materials, development of economic
development web pages, and educational outreach activities with
retail trade associations; and
``(7) hiring business recruitment specialists.
``(b) Eligibility.--The Administrator may only make a grant under
subsection (a) to communities that--
``(1) demographics include--
``(A) a median per capita income no higher than
$35,000; and
``(B) a lack of Class 1 commercial investment; and
``(2) submit an application at such time, in such form, and
containing such information and assurances as the Administrator
may require, including--
``(A) a description of how the community through
the activities the community carries out with the grant
funds will recruit, retain and grow their economy
through Class 1 commercial investment; and
``(B) a description of the difficulty the community
has faced recruiting, retaining and growing their
economy through Class 1 commercial investment.
``(c) Matching Funds.--
``(1) In general.--The Administrator may not make a grant
to a community under subsection (a) unless the community agrees
that, with respect to the costs to be incurred by the community
in carrying out the activities for which the grant is awarded,
the community will make available non-Federal contributions in
an amount equal to not less than 10 percent of the Federal
funds provided under the grant.
``(2) Satisfying matching requirements.--The non-Federal
contributions required under paragraph (1) may be--
``(A) in cash or in-kind, including services,
fairly evaluated; and
``(B) from--
``(i) any private source;
``(ii) a State or local governmental
entity; or
``(iii) a not-for-profit.
``(3) Waiver.--The Administrator may waive or reduce the
non-Federal contribution required by paragraph (1) if the
community involved demonstrates that the eligible entity cannot
meet the contribution requirement due to financial hardship.
``(d) Limitations.--Funding appropriated under section 513 will be
allocated by the following formula--
``(1) no more than up to 5 percent of funds appropriated
under section 513 shall go to administrative costs;
``(2) up to 70 percent of funding appropriated under
section 513 shall go toward activities described in sections
(a)(1) through (a)(4) after taking into account administrative
costs under section (c)(1)(A); and
``(3) 30 percent of funding appropriated under section 513
shall go toward activities described in sections (a)(5) through
(a)(7) after taking into account administrative costs under
section (c)(1)(A).
``SEC. 512. DEFINITIONS.
``In this title, the following definitions apply:
``(1) Community.--The term `community' means a governance
structure that includes county, parish, city, village,
township, district or borough.
``(2) Class 1 commercial investment.--The term `Class 1
commercial investment' means retail grocery chains, food
service retailers, restaurants and franchises, retail stores,
cafes, shopping malls, and other shops.
``(3) Economically underserved community.--The term
`economically underserved community' means an area suffering
from low income and resultant low purchasing power, limiting
its ability to generate sufficient goods and services to be
used in exchange with other areas to meet current consumption
needs.
``SEC. 513. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Administrator to
carry out section 511(a) $40,000,000 for each of fiscal years 2014
through 2019.''.
Subtitle D--Promote Startups Act
SEC. 131. SHORT TITLE.
This subtitle may be cited as the ``Promote Startups Act of 2016''.
SEC. 132. PERMANENT INCREASE OF LIMITATION ON DEDUCTION FOR START-UP
AND ORGANIZATIONAL EXPENDITURES.
(a) Start-Up Expenditures.--
(1) In general.--Section 195(b)(1)(A)(ii) of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``$5,000'' and inserting
``$15,000'', and
(B) by striking ``$50,000'' and inserting
``$150,000''.
(2) Conforming amendment.--Section 195(b) of such Code is
amended by striking paragraph (3).
(b) Organizational Expenditures.--Section 248(a)(1)(B) of such Code
is amended--
(1) by striking ``$5,000'' and inserting ``$10,000'', and
(2) by striking ``$50,000'' and inserting ``$60,000''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred with respect to--
(1) in the case of the amendments made by subsection (a),
trades or businesses beginning in taxable years beginning after
December 31, 2015, and
(2) in the case of the amendments made by subsection (b),
corporations the business of which begins in taxable years
beginning after such date.
Subtitle E--Community College to Career Fund Act
SEC. 141. SHORT TITLE.
This subtitle may be cited as the ``Community College to Career
Fund Act''.
SEC. 142. COMMUNITY COLLEGE TO CAREER FUND.
(a) In General.--Title I of the Workforce Innovation and
Opportunity Act is amended by adding at the end the following:
``Subtitle F--Community College to Career Fund
``SEC. 199. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIPS PROGRAM.
``(a) Grants Authorized.--From funds appropriated under section
199A, the Secretary of Labor (in coordination with the Secretary of
Education and the Secretary of Commerce) shall award competitive grants
to eligible entities described in subsection (b) for the purpose of
developing, offering, improving, and providing educational or career
training programs for workers.
``(b) Eligible Entity.--
``(1) Partnerships with employers or an employer or
industry partnership.--
``(A) General definition.--For purposes of this
section, an `eligible entity' means any of the entities
described in subparagraph (B) (or a consortium of any
of such entities) in partnership with employers or an
employer or industry partnership representing multiple
employers.
``(B) Description of entities.--The entities
described in this subparagraph are--
``(i) a community college;
``(ii) a 4-year public institution of
higher education (as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C.
1001(a))) that offers 2-year degrees, and that
will use funds provided under this section for
activities at the certificate and associate
degree levels;
``(iii) a Tribal College or University (as
defined in section 316(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b))); or
``(iv) a private or nonprofit, 2-year
institution of higher education (as defined in
section 102 of the Higher Education Act of 1965
(20 U.S.C. 1002)) in the Commonwealth of Puerto
Rico, Guam, the United States Virgin Islands,
American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the
Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau.
``(2) Additional partners.--
``(A) Authorization of additional partners.--In
addition to partnering with employers or an employer or
industry partnership representing multiple employers as
described in paragraph (1)(A), an entity described in
paragraph (1) may include in the partnership described
in paragraph (1) one or more of the organizations
described in subparagraph (B). Each eligible entity
that includes one or more such organizations shall
collaborate with the State or local board in the area
served by the eligible entity.
``(B) Organizations.--The organizations described
in this subparagraph are as follows:
``(i) A provider of adult education (as
defined in section 203) or an institution of
higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001)).
``(ii) A community-based organization.
``(iii) A joint labor-management
partnership.
``(iv) A State or local board.
``(v) Any other organization that the
Secretaries consider appropriate.
``(c) Educational or Career Training Program.--For purposes of this
section, the Governor of the State in which at least one of the
entities described in subsection (b)(1)(B) of an eligible entity is
located shall establish criteria for an educational or career training
program leading to a recognized postsecondary credential for which an
eligible entity submits a grant proposal under subsection (d).
``(d) Application.--An eligible entity seeking a grant under this
section shall submit an application containing a grant proposal, for an
educational or career training program leading to a recognized
postsecondary credential, to the Secretaries at such time and
containing such information as the Secretaries determine is required,
including a detailed description of--
``(1) the extent to which the educational or career
training program described in the grant proposal fits within an
overall strategic plan consisting of--
``(A) the State plan described in section 102 or
103, for the State involved;
``(B) the local plan described in section 108, for
each local area that comprises a significant portion of
the area to be served by the eligible entity; and
``(C) a strategic plan developed by the eligible
entity;
``(2) the extent to which the program will meet the needs
of employers in the area for skilled workers in in-demand
industry sectors and occupations;
``(3) the extent to which the program will meet the
educational or career training needs of workers in the area;
``(4) the specific educational or career training program
and how the program meets the criteria established under
subsection (e), including the manner in which the grant will be
used to develop, offer, improve, and provide the educational or
career training program;
``(5) any previous experience of the eligible entity in
providing educational or career training programs, the absence
of which shall not automatically disqualify an eligible
institution from receiving a grant under this section; and
``(6) how the program leading to the credential meets the
criteria described in subsection (c).
``(e) Criteria for Award.--
``(1) In general.--Grants under this section shall be
awarded based on criteria established by the Secretaries, that
include the following:
``(A) A determination of the merits of the grant
proposal submitted by the eligible entity involved to
develop, offer, improve, and provide an educational or
career training program to be made available to
workers.
``(B) An assessment of the likely employment
opportunities available in the area to individuals who
complete an educational or career training program that
the eligible entity proposes to develop, offer,
improve, and provide.
``(C) An assessment of prior demand for training
programs by individuals eligible for training and
served by the eligible entity, as well as availability
and capacity of existing (as of the date of the
assessment) training programs to meet future demand for
training programs.
``(2) Priority.--In awarding grants under this section, the
Secretaries shall give priority to eligible entities that--
``(A) include a partnership, with employers or an
employer or industry partnership, that--
``(i) pays a portion of the costs of
educational or career training programs; or
``(ii) agrees to hire individuals who have
attained a recognized postsecondary credential
resulting from the educational or career
training program of the eligible entity;
``(B) enter into a partnership with a labor
organization or labor-management training program to
provide, through the program, technical expertise for
occupationally specific education necessary for a
recognized postsecondary credential leading to a
skilled occupation in an in-demand industry sector;
``(C) are focused on serving individuals with
barriers to employment, low-income, nontraditional
students, students who are dislocated workers, students
who are veterans, or students who are long-term
unemployed;
``(D) include any eligible entities serving areas
with high unemployment rates;
``(E) are eligible entities that include an
institution of higher education eligible for assistance
under title III or V of the Higher Education Act of
1965 (20 U.S.C. 1051 et seq.; 20 U.S.C. 1101 et seq.);
and
``(F) include a partnership, with employers or an
employer or industry partnership, that increases
domestic production of goods.
``(f) Use of Funds.--Grant funds awarded under this section shall
be used for one or more of the following:
``(1) The development, offering, improvement, and provision
of educational or career training programs, that provide
relevant job training for skilled occupations, that lead to
recognized postsecondary credentials, that will meet the needs
of employers in in-demand industry sectors, and that may
include registered apprenticeship programs, on-the-job training
programs, and programs that support employers in upgrading the
skills of their workforce.
``(2) The development and implementation of policies and
programs to expand opportunities for students to earn a
recognized postsecondary credential, including a degree, in in-
demand industry sectors and occupations, including by--
``(A) facilitating the transfer of academic credits
between institutions of higher education, including the
transfer of academic credits for courses in the same
field of study;
``(B) expanding articulation agreements and
policies that guarantee transfers between such
institutions, including through common course numbering
and use of a general core curriculum; and
``(C) developing or enhancing student support
services programs.
``(3) The creation of career pathway programs that provide
a sequence of education and occupational training that leads to
a recognized postsecondary credential, including a degree,
including programs that--
``(A) blend basic skills and occupational training;
``(B) facilitate means of transitioning
participants from noncredit occupational, basic skills,
or developmental coursework to for-credit coursework
within and across institutions;
``(C) build or enhance linkages, including the
development of dual enrollment programs and early
college high schools, between secondary education or
adult education programs (including programs
established under the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301 et
seq.) and title II of this Act);
``(D) are innovative programs designed to increase
the provision of training for students, including
students who are members of the National Guard or
Reserves, to enter skilled occupations in in-demand
industry sectors; and
``(E) support paid internships that will allow
students to simultaneously earn credit for work-based
learning and gain relevant employment experience in an
in-demand industry sector or occupation, which shall
include opportunities that transition individuals into
employment.
``(4) The development and implementation of--
``(A) a Pay-for-Performance program that leads to a
recognized postsecondary credential, for which an
eligible entity agrees to be reimbursed under the grant
primarily on the basis of achievement of specified
performance outcomes and criteria agreed to by the
Secretary; or
``(B) a Pay-for-Success program that leads to a
recognized postsecondary credential, for which an
eligible entity--
``(i) enters into a partnership with an
investor, such as a philanthropic organization
that provides funding for a specific project to
address a clear and measurable educational or
career training need in the area to be served
under the grant; and
``(ii) agrees to be reimbursed under the
grant only if the project achieves specified
performance outcomes and criteria agreed to by
the Secretary.
``SEC. 199A. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated such
sums as may be necessary to carry out the program established by
section 199.
``(b) Administrative Cost.--Not more than 5 percent of the amounts
made available under subsection (a) may be used by the Secretaries to
administer the program described in that subsection, including
providing technical assistance and carrying out evaluations for the
program described in that subsection.
``(c) Period of Availability.--The funds appropriated pursuant to
subsection (a) for a fiscal year shall be available for Federal
obligation for that fiscal year and the succeeding 2 fiscal years.
``SEC. 199B. DEFINITION.
``For purposes of this subtitle, the term `community college' has
the meaning given the term `junior or community college' in section
312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).''.
(b) Conforming Amendment.--The table of contents for the Workforce
Innovation and Opportunity Act is amended by inserting after the items
relating to subtitle 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.''.
(c) Effective Date.--This Act, including the amendments made by
this Act, takes effect as if included in the Workforce Innovation and
Opportunity Act.
Subtitle F--Youth Summer Jobs and Public Service Act
SEC. 151. SHORT TITLE.
This subtitle may be cited as the ``Youth Summer Jobs and Public
Service Act of 2016''.
SEC. 152. GRANTS TO STATES FOR SUMMER EMPLOYMENT FOR YOUTH.
Section 129 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3164) is amended by adding at the end the following:
``(d) Grants to States for Summer Employment for Youth.--
``(1) In general.--Notwithstanding any other provision of
this Act, from the amount appropriated under paragraph (2), the
Secretary shall award grants to States to provide assistance to
local areas that have high concentrations of eligible youth to
enable such local areas to carry out programs described in
subsection (c)(1) that provide summer employment opportunities
for eligible youth, which are directly linked to academic and
occupational learning, as described in subsection (c)(2)(C). In
awarding grants under this subsection, a State shall--
``(A) partner with private businesses to the extent
feasible to provide employment opportunities at such
businesses; and
``(B) prioritize jobs and work opportunities that
directly serve the community.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $100,000,000 to carry out this subsection
for each of fiscal years 2016 through 2020.''.
Subtitle G--Child Poverty Reduction Act
SEC. 161. SHORT TITLE.
This subtitle may be cited as the ``Child Poverty Reduction Act of
2016''.
CHAPTER 1--FEDERAL INTERAGENCY WORKING GROUP ON REDUCING CHILD POVERTY
SEC. 162. ESTABLISHMENT OF WORKING GROUP.
There is established in the Administration for Children and
Families of the Department of Health and Human Services a group which
shall be known as the Federal Interagency Working Group on Reducing
Child Poverty (in this Act referred to as the ``Working Group'').
SEC. 163. NATIONAL PLAN TO REDUCE CHILD POVERTY.
(a) Primary Goal.--
(1) Development of national plan.--The primary goal of the
Working Group is to develop a national plan--
(A) to reduce, within 10 years after the date on
which funding is made available to carry out this Act--
(i) the number of children living in
poverty in the United States to half of the
number of such children as reported in the
report of the United States Census Bureau on
Income, Poverty, and Health Insurance Coverage
in the United States: 2013 (issued in September
2014); and
(ii) the number of children living in
extreme poverty in the United States to zero;
and
(B) to reduce, within 20 years after the date on
which funds are made available to carry out this Act,
the number of children living in poverty in the United
States to zero.
(2) Consultation with national academy of sciences.--In
developing the national plan under paragraph (1), the Working
Group shall consider all recommendations, research papers, and
reports published by the National Academy of Sciences as a
result of the workshops conducted pursuant to title II.
(3) Deadline.--Not later than 180 days after the date of
the enactment of this Act, the Working Group shall make
substantial progress toward the development of the national
plan.
(b) Additional Goals.--The national plan under subsection (a) shall
include recommendations for achieving the following goals:
(1) Understanding the root causes of child poverty,
including persistent intergenerational poverty, taking into
account social, economic, and cultural factors.
(2) Improving the accessibility of anti-poverty programs
and increasing the rate of enrollment in such programs among
eligible children and families by reducing the complexity and
difficulty of enrolling in such programs.
(3) Eliminating disparate rates of child poverty based on
race, ethnicity, gender, and age.
(4) Improving the ability of individuals living in poverty,
low-income individuals, and unemployed individuals to access
quality jobs that help children and their families rise above
poverty.
(5) Connecting low-income children, disconnected youth, and
their families to education, job training, work, and their
communities.
(6) Shifting the measures and policies of Federal anti-
poverty programs from the goal of helping individuals and
families living in poverty to achieve freedom from deprivation
toward the goal of helping such individuals and families rise
above poverty and achieve long-term economic stability.
(c) Methods.--In developing the national plan under subsection (a),
the Working Group shall employ methods for achieving the goals
described in subsections (a) and (b) that include--
(1) entering into an agreement with the National Academy of
Sciences for a workshop series on the economic and social costs
of child poverty, as described in title II;
(2) studying the effect of child poverty on the health and
welfare of children, including the access of children living in
poverty to health care, housing, proper nutrition, and
education;
(3) measuring the effect of child poverty on the ability of
individuals to achieve economic stability, including such
effect on educational attainment, rates of incarceration,
lifetime earnings, access to healthcare, and access to housing;
(4) updating and applying improved measures of poverty that
can meaningfully account for other aspects relating to the
measure of poverty, such as the Supplemental Poverty Measure
used by the United States Census Bureau; and
(5) using and applying fact-based measures to evaluate the
long-term effectiveness of anti-poverty programs, taking into
account the long-term savings and value to the Federal
Government and to State, local, and tribal governments of
practices and policies designed to prevent poverty.
SEC. 164. OTHER DUTIES.
In addition to developing the national plan under section 102(a),
the Working Group shall--
(1) monitor, in consultation with the Domestic Policy
Council and the National Economic Council, all Federal
activities, programs, and services related to child welfare and
child poverty;
(2) establish guidelines, policies, goals, and directives
related to the achievement of the goals of the national plan,
in consultation with nongovernmental entities providing social
services to low-income children and families, advocacy groups
that directly represent low-income children and families,
policy experts, and officials of State, local, and tribal
governments who administer or direct policy for anti-poverty
programs;
(3) advise all relevant Federal agencies regarding how to
effectively administer and coordinate programs, activities, and
services related to child welfare and child poverty and how to
resolve any disputes that arise between or among such agencies
as a result of such administration or coordination;
(4) provide recommendations to the Congress regarding how
to ensure that Federal agencies administering programs,
activities, and services related to child welfare and child
poverty have adequate resources to increase public awareness of
such programs, activities, and services and how to maximize
enrollment of eligible individuals;
(5) identify methods for improving communication and
collaboration among and between State and Federal governmental
entities regarding the implementation of State programs related
to child welfare and child poverty, such as State programs
funded under part A of title IV of the Social Security Act
(relating to block grants to States for temporary assistance
for needy families), and submit recommendations regarding such
methods to relevant Federal agencies and congressional
committees; and
(6) hold hearings in different geographic regions of the
United States to collect information and feedback from the
public regarding personal experiences related to child poverty
and anti-poverty programs, and make such information and
feedback publicly available.
SEC. 165. MEMBERSHIP.
(a) Number of Members.--The Working Group shall be composed of no
less than 6 members.
(b) Executive Pay Rate.--Each member shall be an official of an
executive department who occupies a position for which the rate of pay
is equal to or greater than the rate of pay for level IV of the
Executive Schedule under section 5313 of title 5, United States Code.
(c) Required Participation of Certain Executive Departments.--The
Working Group shall include at least one member who is an official of
each of the following executive departments:
(1) The Department of Justice.
(2) The Department of Agriculture.
(3) The Department of Labor.
(4) The Department of Health and Human Services.
(5) The Department of Housing and Urban Development.
(6) The Department of Education.
(d) Appointment.--Each member shall be appointed by the head of the
executive department that employs such member.
(e) Obtaining Official Data.--On request of the Chairperson, any
head of a Federal agency shall furnish directly to the Working Group
any information necessary to enable the Working Group to carry out this
Act.
(f) Terms.--Each member shall be appointed for the life of the
Working Group.
(g) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
(h) Quorum.--A majority of members shall constitute a quorum.
(i) Chairperson.--The Chairperson of the Working Group shall be
appointed by the Secretary of Health and Human Services.
(j) Meetings.--
(1) Initial meeting period.--The Working Group shall meet
on a monthly basis during the 180-day period beginning with the
date on which funds are made available to carry out this Act.
(2) Subsequent meetings.--After such 180-day period, the
Working Group shall meet not less than once every 6 months and
at the call of the Chairperson or a majority of members.
SEC. 166. DIRECTOR AND STAFF.
(a) Director.--The Working Group shall have a Director who shall be
appointed by the Chairperson.
(b) Staff.--The Director may appoint and fix the pay of additional
personnel as the Director considers appropriate.
(c) Duties.--The duties of the Director and staff shall be to
achieve the goals and carry out the duties of the Working Group.
SEC. 167. REPORTING REQUIREMENTS.
(a) Annual Report.--Not later than September 30, 2016, and annually
thereafter, the Chairperson shall submit to the Congress a report
describing the activities, projects, and plans of the Federal
Government to carry out the goals of the Working Group, which shall
include--
(1) an accounting of--
(A) any increase in efficiency in the delivery of
Federal, State, local, and tribal social services and
benefits related to child welfare and child poverty;
(B) any reduction in the number of children living
in poverty;
(C) any reduction in the demand for such social
services and benefits for which children living in
poverty and near poverty are eligible; and
(D) any savings to the Federal Government as a
result of such increases or reductions;
(2) an accounting of any increase in the national rate of
employment due to the efforts of the Working Group;
(3) a summary of the efforts of each State to reduce child
poverty within such State, including the administration of
State programs funded under part A of title IV of the Social
Security Act (relating to block grants to States for temporary
assistance for needy families); and
(4) legislative language and recommendations regarding
reducing child poverty and achieving the other goals and duties
of the Working Group.
(b) Public Reporting Requirements.--
(1) Annual report available to public.--A version of the
annual report required by subsection (a) shall be made publicly
available.
(2) Annual update from federal agencies.--The head of each
relevant Federal agency shall post on the public Internet Web
site of such agency an annual summary of any plans, activities,
and results of the agency related to the goals and duties of
the Working Group.
CHAPTER 2--WORKSHOPS BY NATIONAL ACADEMY OF SCIENCES
SEC. 168. REQUIREMENT TO ENTER INTO AGREEMENT WITH NATIONAL ACADEMY OF
SCIENCES.
(a) In General.--Not later than 90 days after the date on which
funds are made available to carry out this Act, the Secretary of Health
and Human Services shall enter into an agreement with the National
Academy of Sciences for 2 public workshops to provide the Working Group
with information to assist in the development of the national plan
under section 102(a).
(b) Steering Committee.--The agreement under subsection (a) shall
include the creation of a steering committee to plan and conduct such
workshops.
(c) Experts.--The agreement under subsection (a) shall include the
commission of experts to prepare research papers that summarize and
critique literature on the economic and social costs of child poverty.
SEC. 169. WORKSHOP TOPICS.
The purpose of the workshops required by section 201(a) shall be to
collect information and input from the public on the economic and
social costs of child poverty, addressing topics that include--
(1) the macroeconomic costs of child poverty, including the
effects of child poverty on productivity and economic output;
(2) the health-related costs of child poverty, including
the costs incurred by the Federal Government and State, local,
and tribal governments due to child illnesses, other child
medical problems, and other child health-related expenditures;
(3) the effect of child poverty on crime rates;
(4) the short-term and long-term effects of child poverty
on the Federal budget, including outlays for anti-poverty
programs;
(5) poverty metrics such as income poverty, food
insecurity, and other measures of deprivation, and the role of
such metrics in assessing the effects of poverty and the
performance of anti-poverty programs;
(6) the effect of child poverty on certain population
groups, including immigrants, single parent families,
individuals who have attained the age of 16 but have not
attained the age of 25 with large student loans, individuals
living in areas of concentrated poverty, and individuals living
on Indian reservations; and
(7) the effect of child poverty on individuals and families
living in extreme poverty, as compared with such effect on
individuals and families living in poverty or near poverty.
SEC. 170. REPORTING REQUIREMENT.
(a) Research Papers.--The agreement under section 201(a) shall
include the publication of the research papers required under such
section on the public Web site of the National Academy of Sciences.
(b) Workshop Summary.--The agreement under section 201(a) shall
include the publication of a summary of each workshop required under
such section on the public Web site of the National Academy of
Sciences.
SEC. 171. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000 to carry out this
subtitle.
CHAPTER 3--DEFINITIONS
SEC. 172. DEFINITIONS.
In this title:
(1) Anti-poverty program.--The term ``anti-poverty
program'' means a program or institution with the primary goal
of lifting children or families out of poverty and improving
economic opportunities for children or families that operates
in whole or in part using Federal, State, local, or tribal
government funds.
(2) Child.--The term ``child'' means an individual who has
not attained the age of 18.
(3) Deprivation.--The term ``deprivation'' means, with
respect to an individual, that such individual lacks adequate
nutrition, health care, housing, or other resources to provide
for basic human needs.
(4) Disconnected youth.--The term ``disconnected youth''
means individuals who have attained the age of 16 but have not
attained the age of 25 who are unemployed and not enrolled in
school.
(5) Economic stability.--The term ``economic stability''
means, with respect to an individual or family, that such
individual or family has access to the means and support
necessary to effectively cope with adverse or costly life
events and to effectively recover from the consequences of such
events while maintaining a decent standard of living.
(6) Extreme poverty.--The term ``extreme poverty'' means,
with respect to an individual or family, that such individual
or family has a total annual income that is less than the
amount that is 50 percent of the official poverty threshold for
such individual or family, as provided in the report of the
United States Census Bureau on Income, Poverty, and Health
Insurance Coverage in the United States: 2013 (issued in
September 2014).
(7) Federal agency.--The term ``Federal agency'' means an
executive department, a Government corporation, and an
independent establishment.
(8) Near poverty.--The term ``near poverty'' means, with
respect to an individual or family, that such individual or
family has a total annual income that is less than the amount
that is 200 percent of the official poverty threshold for such
individual or family, as provided in the report of the United
States Census Bureau on Income, Poverty, and Health Insurance
Coverage in the United States: 2013 (issued in September 2014).
(9) Poverty.--The term ``poverty'' means, with respect to
an individual or family, that such individual or family has a
total annual income that is less than the amount that is the
official poverty threshold for such individual or family, as
provided in the report of the United States Census Bureau on
Income, Poverty, and Health Insurance Coverage in the United
States: 2013 (issued in September 2014).
Subtitle H--Hunger-Free Summers for Children
SEC. 181. SUMMER SNAP BENEFITS FOR MINOR CHILDREN WHO RECEIVED FREE OR
REDUCED PRICE SCHOOL LUNCHES.
Section 8(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2017(a)) is amended by adding at the end the following:
``The value of the allotment for a participating household that
includes a minor child who as of the end of the school year received
free or reduced price school lunches under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) shall be increased
for each such child by $150 for each month during which the school
attended by such child is not in session.''.
SEC. 182. CHILD TAX CREDIT INCREASED FOR FAMILIES UNDER 150 PERCENT OF
POVERTY LINE.
(a) In General.--Section 24 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(h) Special Rule for Families Under 150 Percent of Poverty
Line.--
``(1) In general.--In the case of a taxpayer whose adjusted
gross income for the taxable year is less than 150 percent of
an amount equal to the poverty line (as defined by the Office
of Management and Budget) for a family of the size involved,
subsection (a) shall be applied by substituting `$2,000' for
`$1,000'.
``(2) Poverty line used.--For purposes of this subsection,
the poverty line used with respect to a taxable year shall be
the most recently published poverty line during the calendar
year ending before such taxable year begins.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
TITLE II--COMMUNITY POLICING
Subtitle A--Fair Chance for Youth
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Fair Chance for Youth Act of
2016''.
SEC. 202. EXPUNGEMENT AND SEALING OF YOUTH CRIMINAL RECORDS.
Chapter 229 of title 18, United States Code, is amended by adding
at the end the following:
``SUBCHAPTER D--EXPUNGEMENT AND SEALING OF YOUTH CRIMINAL RECORDS
``3631. Youth Offense Expungement and Sealing Review Board.
``3632. Expungement and sealing for youth.
``3633. Definitions.
``3634. Reporting.
``Sec. 3631. Youth Offense Expungement and Sealing Review Board
``(a) In General.--The Chief Judge for each Federal District shall
establish--
``(1) a Youth Offense Expungement and Sealing Review Board
(hereinafter in this section referred to as the `Review Board')
to review petitions for discretionary expungement and sealing
of youth offenses; and
``(2) the rules and procedures governing the operation of
the Review Board in the exercise of its powers under subsection
(c).
``(b) Composition.--The Review Board shall include one
representative, selected by the Chief Judge to serve without
compensation, from each of the following:
``(1) The Department of Justice.
``(2) The United States Probation and Pretrial Services
System.
``(3) The Office of the Federal Defender or a designated
Criminal Justice Act panel attorney or private criminal defense
attorney.
``(c) Powers.--The Review Board shall--
``(1) review petitions under this subchapter to determine
whether the youth, and the offense on which the petition is
based, meet the eligibility requirements for expungement or
sealing consideration;
``(2) for petitions meeting the eligibility requirements,
evaluate those petitions on the merits in order to make a
recommendation on the advisability of granting the petition;
and
``(3) convey its recommendation, with a written
explanation, to the Chief Judge in each Federal District, or a
designee of the Chief Judge, for consideration.
``(d) Recommendation.--In making its recommendation, the Review
Board--
``(1) shall consider all the evidence and testimony
presented in the petition and any hearings held on the
petition;
``(2) may not consider any arrest or prosecution that did
not result in a conviction and that took place prior to the
conviction or arrest the petitioner is seeking to expunge or
seal; and
``(3) shall balance--
``(A) the public safety, the interest of public
knowledge, and any legitimate interest of the
Government in maintaining the accessibility of the
protected information; against
``(B) the interest of the petitioner in having the
petition granted, including the benefit to the
petition's ability to positively contribute to the
community, and the petitioner's conduct and
demonstrated desire to be rehabilitated.
``(e) Court To Consider and Decide Upon Petitions.--The Court shall
consider and decide upon each petition for which the court receives a
recommendation from the Review Board. The Court's decision to grant or
deny the petition shall give significant weight to the Review Board
recommendation. The Court shall grant the petition unless the
Government shows the interests described in subsection (d)(3)(A)
outweigh the interests of the petitioner described in subsection
(d)(3)(B).
``(f) One Opportunity.--A youth may only file a petition for
expungement or sealing under this subchapter once and the decision of
the district court on the petition shall be final and is not
appealable.
``(g) Online Forms for Petitions.--The Director of the
Administrative Office of the United States Courts shall create and make
available to the public, online and in paper form, a universal form to
file a petition under this section, and establish a process under which
indigent petitioners may obtain a waiver of any fee for filing a
petition under this section.
``(h) Making Available Standard Forms for Court Orders.--The
Director of the Administrative Office of the United States Courts shall
create and make available to the Chief Judge of every Federal district
standard expungement and sealing orders that empower the petitioner to
seek destruction of records in accordance with the order.
``Sec. 3632. Expungement and sealing for youth
``(a) Expungement Petition Eligibility.--A youth may petition a
district court of the United States for expungement--
``(1) of the record of any misdemeanor or nonviolent felony
drug conviction 3 years after the youth has completed every
term of imprisonment related to that misdemeanor or nonviolent
felony drug conviction;
``(2) of the record of any person who has not attained the
age of 18 at the time of committing the conduct resulting in
conviction for any misdemeanor or nonviolent offense 3 years
after the person has completed every term of imprisonment
related to that misdemeanor or nonviolent offense conviction;
and
``(3) of the record of an arrest or prosecution for any
nonviolent offense on the date on which the case related to
that arrest or prosecution is disposed of.
``(b) Sealing Petition Eligibility.--A youth may petition a
district court of the United States, for sealing--
``(1) of the record of any nonviolent conviction 5 years
after the youth has completed every term of imprisonment
related to that nonviolent conviction;
``(2) of the record of any person who has not attained the
age of 18 at the time of committing the conduct resulting in
conviction for any offense 10 years after the person has
completed every term of imprisonment related to that offense
conviction; and
``(3) of the record of an arrest or prosecution for any
nonviolent offense on the date on which the case related to
that arrest or prosecution is disposed of.
``(c) Notice of Opportunity To File Petition.--A youth shall be
informed of the eligibility to, procedures for, and benefits of filing
an expungement or sealing petition--
``(1) by the District Court on the date of conviction;
``(2) by the Office of Probation and Pretrial Services on
the date the youth completes every term of imprisonment; or
``(3) if the arrest or prosecution does not result in a
conviction, then by the Department of Justice on the date the
case is disposed of.
``(d) Grant of Petition.--If a court grants a petition under this
section--
``(1) the person to whom the record pertains may choose to,
but is not required to, disclose the existence of the record,
and the offense conduct and any arrest, juvenile delinquency
proceeding, adjudication, conviction, or other result of such
proceeding relating to the offense conduct, shall be treated as
if it never occurred;
``(2) the court shall destroy each paper and electronic
copy of the record in the possession of the court;
``(3) the court shall issue an expungement or sealing order
requiring the destruction of any paper and electronic copies of
the record by any court, law enforcement officer, law
enforcement agency, treatment or rehabilitation services
agency, or employee thereof in possession of those copies;
``(4) any entity or person listed in paragraph (3) that
receives an inquiry relating to the record shall reply to the
inquiry stating that no such record exists; and
``(5) except as provided in subsection (f), no person shall
not be subject to prosecution under any civil or criminal
provision of Federal or State law relating to perjury, false
swearing, or making a false statement for failing to
acknowledge the record or respond to any inquiry made of the of
petitioner or the parent relating to the record, for any
purpose.
``(e) Civil Actions.--
``(1) In general.--If an individual who has a record
expunged or sealed under this section brings an action that
might be defended with the contents of the record, there shall
be a rebuttable presumption that the defendant has a complete
defense to the action.
``(2) Showing by plaintiff.--In an action described in
paragraph (1), the plaintiff may rebut the presumption of a
complete defense by showing that the contents of the record
would not prevent the defendant from being liable.
``(3) Duty to testify as to existence of record.--The court
in which an action described in paragraph (1) is filed may
require the plaintiff to state under oath whether the plaintiff
had a record and whether the record was expunged or sealed.
``(4) Proof of existence of record.--If the plaintiff in an
action described in paragraph (1) denied the existence of a
record, the defendant may prove the existence of the record in
any manner compatible with the applicable laws of evidence.
``(f) Attorney General Nonpublic Records.--The Attorney General
shall--
``(1) maintain a nonpublic database of all records expunged
or sealed under this subchapter;
``(2) disclose, access, or utilize records contained in the
nonpublic database only--
``(A) in defense of any civil suit arising out of
the facts contained in the record;
``(B) to determine whether the individual to whom
the record relates is eligible for a first-time-
offender diversion program;
``(C) for a background check that relates to law
enforcement employment or any employment that requires
a Government security clearance; or
``(D) if the Attorney General determines that
disclosure is necessary to serve the interests of
national security; and
``(3) to the extent practicable, notify the individual to
whom the record pertains of the disclosure unless it is made
pursuant to paragraph (2)(D).
``Sec. 3633. Definitions
``In this subchapter--
``(1) the term `youth' means an individual who was 21 years
of age or younger at the time of the criminal offense for which
the individual was arrested, prosecuted, or sentenced;
``(2) the term `nonviolent felony' means a Federal criminal
felony offense that is not--
``(A) a crime of violence; or
``(B) a sex offense (as that term is defined in
section 111 of the Sex Offender Registration and
Notification Act);
``(3) the term `record' means information, whether in paper
or electronic form, containing any reference to--
``(A) an arrest, conviction, or sentence of an
individual for an offense;
``(B) the institution of juvenile delinquency or
criminal proceedings against an individual for the
offense; or
``(C) adjudication, conviction, or any other result
of juvenile delinquency or criminal proceedings;
``(4) the term `expunge'--
``(A) means to destroy a record and obliterate the
name of the person to whom the record pertains from
each official index or public record; and
``(B) has the effect described in section 3631(g),
including--
``(i) the right to treat an offense to
which an expunged record relates, and any
arrest, juvenile delinquency proceeding,
adjudication, conviction, or other result of
such proceeding relating to the offense, as if
it never occurred; and
``(ii) protection from civil and criminal
perjury, false swearing, and false statement
laws with respect to an expunged record;
``(5) the term `seal'--
``(A) means--
``(i) to close a record from public viewing
so that the record cannot be examined except by
court order; and
``(ii) to physically seal the record shut
and label the record `SEALED' or, in the case
of an electronic record, the substantive
equivalent; and
``(B) has the effect described in section 3631(g),
including--
``(i) the right to treat an offense to
which an expunged record relates, and any
arrest, juvenile delinquency proceeding,
adjudication, conviction, or other result of
such proceeding relating to the offense, as if
it never occurred; and
``(ii) protection from civil and criminal
perjury, false swearing, and false statement
laws with respect to an expunged record;
``(6) the term `conviction'--
``(A) means a judgment or disposition in criminal
court against a person following a finding of guilt by
a judge or jury; and
``(B) for the purposes of this section--
``(i) multiple convictions shall be deemed
to be one conviction if the convictions result
from or relate to the same act or acts
committed at the same time; and
``(ii) multiple convictions, not to exceed
3, that do not result from or relate to the
same act or acts committed at the same time
shall be deemed to be one conviction if the
convictions result from or relate to the same
indictment, information, or complaint, or plea
of guilty; and
``(7) the term `destroy' means to render a file unreadable,
whether paper, electronic, or otherwise stored, by shredding,
pulverizing, pulping, incinerating, overwriting, reformatting
the media, or other means.
``Sec. 3634. Reporting
``Not later than 2 years after the date of enactment of this
subchapter, and each year thereafter, the Attorney General shall issue
a public report that--
``(1) describes--
``(A) the number of expungement and sealing
petitions granted and denied; and
``(B) the number of instances in which the office
of a United States attorney supported or opposed an
expungement or sealing petition; and
``(2) includes any supporting data that the court
determines relevant but does not name any petitioner.''.
SEC. 203. RETROACTIVE EFFECT.
This Act and the amendments made by this Act apply with respect to
youth without regard to whether they become involved in the Federal
criminal justice system before, on, or after the date of the enactment
of this Act.
Subtitle B--Youth Prison Reduction Through Opportunities, Mentoring,
Intervention, Support, and Education
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Youth Prison Reduction through
Opportunities, Mentoring, Intervention, Support, and Education Act'' or
the ``Youth PROMISE Act''.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office of Juvenile Justice and Delinquency
Prevention.
(2) Community.--The term ``community'' means a unit of
local government or an Indian tribe, or part of such a unit or
tribe, as determined by such a unit or tribe for the purpose of
applying for a grant under this Act.
(3) Designated geographic area.--The term ``designated
geographic area'' means a 5-digit postal ZIP Code assigned to a
geographic area by the United States Postal Service.
(4) Evidence-based.--
(A) In general.--The term ``evidence-based'', when
used with respect to a practice relating to juvenile
delinquency and criminal street gang activity
prevention and intervention, means a practice
(including a service, program, activity, intervention,
technology, or strategy) for which the Administrator
has determined--
(i) causal evidence documents a
relationship between the practice and its
intended outcome, based on measures of the
direction and size of a change, and the extent
to which a change may be attributed to the
practice; and
(ii) the use of scientific methods rules
out, to the extent possible, alternative
explanations for the documented change.
(B) Scientific methods.--For the purposes of
subparagraph (A), the term ``scientific methods''
means--
(i) evaluation by an experimental trial, in
which participants are randomly assigned to
participate in the practice that is subject to
such trial; or
(ii) evaluation by a quasi-experimental
trial, in which the outcomes for participants
are compared with outcomes for a control group
that is made up of individuals who are similar
to such participants.
(5) Intervention.--The term ``intervention'' means the
provision of programs and services that are supported by
research, are evidence-based or promising practices, and are
provided to youth who are involved in, or who are identified by
evidence-based risk assessment methods as being at high risk of
continued involvement in, juvenile delinquency or criminal
street gangs, as a result of indications that demonstrate
involvement with problems such as truancy, substance abuse,
mental health treatment needs, or siblings who have had
involvement with juvenile or criminal justice systems.
(6) Juvenile delinquency and criminal street gang activity
prevention.--The term ``juvenile delinquency and criminal
street gang activity prevention'' means the provision of
programs and resources to children and families who have not
yet had substantial contact with criminal justice or juvenile
justice systems, that--
(A) are designed to reduce potential juvenile
delinquency and criminal street gang activity risks;
and
(B) are evidence-based or promising educational,
health, mental health, school-based, community-based,
faith-based, parenting, job training, social
opportunities and experiences, or other programs, for
youth and their families, that have been demonstrated
to be effective in reducing juvenile delinquency and
criminal street gang activity risks.
(7) Promising.--The term ``promising'', when used with
respect to a practice relating to juvenile delinquency and
criminal street gang activity prevention and intervention,
means a practice (including a service, program, activity,
intervention, technology, or strategy) that, based on
statistical analyses or a theory of change, the Administrator
has determined--
(A) has outcomes from an evaluation that
demonstrate such practice reduces juvenile delinquency
and criminal street gang activity; and
(B) is part of a study being conducted to determine
if such a practice is evidence-based.
(8) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, American Samoa, Guam, the Northern
Mariana Islands, and any other territories or possessions of
the United States.
(9) Theory of change.--The term ``theory of change'' means
a program planning strategy approved by the Administrator that
outlines the types of interventions and outcomes essential to
achieving a set of program goals.
(10) Youth.--The term ``youth'' means--
(A) an individual who is 18 years of age or
younger; or
(B) in any State in which the maximum age at which
the juvenile justice system of such State has
jurisdiction over individuals exceeds 18 years of age,
an individual who is such maximum age or younger.
SEC. 213. FINDINGS.
The Congress finds as follows:
(1) Youth gang crime has taken a toll on a number of
communities, and senseless acts of gang-related violence have
imposed economic, social, and human costs.
(2) Drug- and alcohol-dependent youth, and youth dually
diagnosed with addiction and mental health disorders, are more
likely to become involved with the juvenile justice system than
youth without such risk factors, absent appropriate prevention
and intervention services.
(3) Children of color are over-represented relative to the
general population at every stage of the juvenile justice
system. Black youth are 17 percent of the United States
population, but represent 38 percent of youth in secure
placement juvenile facilities, and 58 percent of youth
incarcerated in adult prisons.
(4) Research funded by the Department of Justice indicates
that gang membership is short-lived among adolescents. With
very few youth remaining gang-involved throughout their
adolescent years, ongoing opportunities for intervention exist.
(5) Criminal justice costs have become burdensome in many
States and cities, requiring reductions in vital educational,
social, welfare, mental health, and related services.
(6) Direct expenditures for each of the major criminal
justice functions, police, corrections, and judicial services,
have increased steadily over the last 30 years. In fiscal year
2012, Federal, State, and local governments spent an estimated
$265,000,000,000 for police protection, corrections, and
judicial and legal services, nearly a 213-percent increase
since 1982.
(7) Estimates suggest that each year the United States
incurs over $8,000,000,000 in long-term costs for the
confinement of young people. The average annual cost to
incarcerate one youth is $146,302.
(8) Coordinated efforts of stakeholders in the juvenile
justice system in a local community, together with other
organizations and community members concerned with the safety
and welfare of children, have a strong record of demonstrated
success in reducing the impact of youth and gang-related crime
and violence, as demonstrated in Boston, Massachusetts;
Chicago, Illinois; Richmond, Virginia; Los Angeles, California;
and other communities.
(9) Investment in prevention and intervention programs for
children and youth, including quality early childhood programs,
comprehensive evidence-based school, after school, and summer
school programs, mentoring programs, mental health and
treatment programs, evidence-based job training programs, and
alternative intervention programs, has been shown to lead to
decreased youth arrests, decreased delinquency, lower
recidivism, and greater financial savings from an educational,
economic, social, and criminal justice perspective.
(10) Quality early childhood education programs have been
demonstrated to help children start school ready to learn and
to reduce delinquency and criminal street gang activity risks.
(11) Evidence-based mentoring programs have been shown to
prevent youth drug abuse and violence.
(12) Evidence-based school-based comprehensive
instructional programs that pair youth with responsible adult
mentors have been shown to have a strong impact upon
delinquency prevention.
(13) After-school programs that connect children to caring
adults and that provide constructive activities during the peak
hours of juvenile delinquency and criminal street gang
activity, between 3 p.m. and 6 p.m., have been shown to reduce
delinquency and the attendant costs imposed on the juvenile and
criminal justice systems.
(14) States with higher levels of educational attainment
have been shown to have crime rates lower than the national
average. Researchers have found that a 5-percent increase in
male high school graduation rates would produce an annual
estimated savings of $18,500,000,000 in crime-related expenses.
(15) Therapeutic programs that engage and motivate high-
risk youth and their families to change behaviors that often
result in criminal activity have been shown to significantly
reduce recidivism among juvenile offenders, and significantly
reduce the attendant costs of crime and delinquency imposed
upon the juvenile and criminal justice systems.
(16) Comprehensive programs that target kids who are
already serious juvenile offenders by addressing the multiple
factors in peer, school, neighborhood, and family environments
known to be related to delinquency can reduce recidivism among
juvenile offenders and save the public significant economic
costs.
(17) There are many alternatives to incarceration of youth
that have been proven to be more effective in reducing crime
and violence at the National, State, local, and tribal levels,
and the failure to provide for such effective alternatives is a
pervasive problem that leads to increased youth, and later
adult, crime and violence.
(18) Savings achieved through early intervention and
prevention are significant, especially when noncriminal justice
social, educational, mental health, and economic outcomes are
considered.
(19) The prevention of child abuse and neglect can help
stop a cycle of violence and save up to $5.00 for every $1.00
invested in preventing such abuse and neglect.
(20) Targeting interventions at special youth risk groups
and focusing upon relatively low-cost interventions increases
the probability of fiscal benefit.
(21) Evidence-based intervention treatment facilities have
been shown to reduce youth delinquency and to be cost-
effective.
(22) States, including Wisconsin, Ohio, New York, Texas,
and Pennsylvania, have seen a reduction in juvenile
incarceration due to a reallocation of criminal justice funds
towards prevention programs.
CHAPTER 1--FEDERAL COORDINATION OF LOCAL AND TRIBAL JUVENILE JUSTICE
INFORMATION AND EFFORTS
SEC. 214. PROMISE ADVISORY PANEL.
(a) Organization of State Advisory Group Member Representatives.--
Section 223(f) of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633(f)) is amended--
(1) in paragraph (1), by striking ``an eligible
organization composed of member representatives of the State
advisory groups appointed under subsection (a)(3)'' and
inserting ``a nonpartisan, nonprofit organization that is
described in section 501(c)(3) of the Internal Revenue Code of
1986,''; and
(2) by amending paragraph (2) to read as follows:
``(2) Assistance.--To be eligible to receive such
assistance, such organization shall--
``(A) be governed by individuals who--
``(i) have been appointed by a chief
executive of a State to serve as a State
advisory group member under subsection (a)(3);
and
``(ii) are elected to serve as a governing
officer of such organization by a majority of
the Chairs (or Chair-designees) of all such
State advisory groups;
``(B) include member representatives from a
majority of such State advisory groups, who shall be
representative of regionally and demographically
diverse States and jurisdictions;
``(C) annually seek appointments by the chief
executive of each State of one State advisory group
member and one alternate State advisory group member
from each such State to implement the advisory
functions specified in clauses (iv) and (v) of
subparagraph (D), including serving on the PROMISE
Advisory Panel, and make a record of any such
appointments available to the public; and
``(D) agree to carry out activities that include--
``(i) conducting an annual conference of
such member representatives for purposes
relating to the activities of such State
advisory groups;
``(ii) disseminating information, data,
standards, advanced techniques, and program
models;
``(iii) reviewing Federal policies
regarding juvenile justice and delinquency
prevention;
``(iv) advising the Administrator with
respect to particular functions or aspects of
the work of the Office, and appointing a
representative, diverse group of members of
such organization under subparagraph (C) to
serve as an advisory panel of State juvenile
justice advisors (referred to as the `PROMISE
Advisory Panel') to carry out the functions
specified in subsection (g); and
``(v) advising the President and Congress
with regard to State perspectives on the
operation of the Office and Federal legislation
pertaining to juvenile justice and delinquency
prevention.''.
(b) PROMISE Advisory Panel.--Section 223 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is further
amended by adding at the end the following new subsection:
``(g) PROMISE Advisory Panel.--
``(1) Functions.--The PROMISE Advisory Panel required under
subsection (f)(2)(D) shall--
``(A) assess successful evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and
intervention carried out by PROMISE Coordinating
Councils under such Act;
``(B) provide the Administrator with a list of
individuals and organizations with experience in
administering or evaluating practices that serve youth
involved in, or at risk of involvement in, juvenile
delinquency and criminal street gang activity, from
which the Administrator shall select individuals who
shall--
``(i) provide to the Administrator peer
reviews of applications submitted by units of
local government and Indian tribes pursuant to
title II of such Act, to ensure that such
applications demonstrate a clear plan to--
``(I) serve youth as part of an
entire family unit; and
``(II) coordinate the delivery of
service to youth among agencies; and
``(ii) advise the Administrator with
respect to the award and allocation of PROMISE
Planning grants to local and tribal governments
that develop PROMISE Coordinating Councils, and
of PROMISE Implementation grants to such
PROMISE Coordinating Councils, pursuant to
title II of such Act; and
``(C) develop performance standards to be used to
evaluate programs and activities carried out with
grants under title II of the Youth PROMISE Act,
including the evaluation of changes achieved as a
result of such programs and activities related to
decreases in juvenile delinquency and criminal street
gang activity, including--
``(i) prevention of involvement by at-risk
youth in juvenile delinquency or criminal
street gang activity;
``(ii) diversion of youth with a high risk
of continuing involvement in juvenile
delinquency or criminal street gang activity;
and
``(iii) financial savings from deferred or
eliminated costs, or other benefits, as a
result of such programs and activities, and the
reinvestment by the unit or tribe of any such
savings.
``(2) Annual report.--Not later than 18 months after the
date of the enactment of the Youth PROMISE Act, and annually
thereafter, the PROMISE Advisory Panel shall prepare a report
containing the findings and determinations under paragraph
(1)(A) and shall submit such report to Congress, the President,
the Attorney General, and the chief executive and chief law
enforcement officer of each State, unit of local government,
and Indian tribe.''.
(c) Authorization of Appropriations.--Section 299(a)(1) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5671(a)(1)) is amended by striking ``2003, 2004, 2005, 2006, and
2007''and inserting ``2016 through 2020''.
SEC. 215. GEOGRAPHIC ASSESSMENT OF RESOURCE ALLOCATION.
(a) Grant for Collection of Data To Determine Need.--Subject to the
availability of appropriations, the Administrator shall award a grant,
on a competitive basis, to an organization to--
(1) collect and analyze data related to the existing
juvenile delinquency and criminal street gang activity
prevention and intervention needs and resources in each
designated geographic area;
(2) use the data collected and analyzed under paragraph (1)
to compile a list of designated geographic areas that have the
most need of resources, based on such data, to carry out
juvenile delinquency and criminal street gang activity
prevention and intervention;
(3) use the data collected and analyzed under paragraph (1)
to rank the areas listed under paragraph (2) in descending
order by the amount of need for resources to carry out juvenile
delinquency and criminal street gang activity prevention and
intervention, ranking the area with the greatest need for such
resources highest; and
(4) periodically update the list and rankings under
paragraph (3) as the Administrator determines to be
appropriate.
(b) Data Sources.--In compiling such list and determining such
rankings, the organization shall collect and analyze data relating to
juvenile delinquency and criminal street gang activity prevention and
intervention--
(1) using the geographic information system and Web-based
mapping application known as the Socioeconomic Mapping and
Resource Topography (SMART) system;
(2) from the Department of Health and Human Services, the
Department of Labor, the Department of Housing and Urban
Development, and the Department of Education; and
(3) from the annual KIDS Count Data Book and other data
made available by the KIDS Count initiative of the Annie E.
Casey Foundation.
(c) Use of Data by the Administrator.--The list and rankings
required by this section shall be provided to the Administrator to be
used to provide funds under this Act in the most strategic and
effective manner to ensure that resources and services are provided to
youth in the communities with the greatest need for such resources and
services.
(d) Limitation on Use of Collected Data.--The information collected
and analyzed under this section may not be used for any purpose other
than to carry out the purposes of this Act. Such information may not be
used for any purpose related to the investigation or prosecution of any
person, or for profiling of individuals based on race, ethnicity,
socio-economic status, or any other characteristic.
(e) Authorization and Limitation of Appropriations.--Of the amount
made available under section 224 to carry out this Act--
(1) for fiscal year 2016, not more than 5 percent of such
amount, or $1,000,000, whichever is less, shall be made
available to carry out this section; and
(2) for fiscal years 2017 through 2020, not more than 2
percent of such amount, or $400,000, whichever is less, shall
be made available to carry out this section.
CHAPTER 2--PROMISE GRANTS
SEC. 216. PURPOSES.
The purposes of the grant programs established under this chapter
are to--
(1) enable local and tribal communities to assess the unmet
needs of youth who are involved in, or are at risk of
involvement in, juvenile delinquency or criminal street gangs;
(2) develop plans appropriate for a community to address
those unmet needs with juvenile delinquency and gang prevention
and intervention practices; and
(3) implement and evaluate such plans in a manner
consistent with this Act.
Subchapter A--PROMISE Assessment and Planning Grants
SEC. 217. PROMISE ASSESSMENT AND PLANNING GRANTS AUTHORIZED.
(a) Grants Authorized.--The Administrator is authorized to award
grants to units of local government and Indian tribes to assist PROMISE
Coordinating Councils with planning and assessing evidence-based and
promising practices relating to juvenile delinquency and criminal
street gang activity prevention and intervention, especially for youth
who are involved in, or who are at risk of involvement in, juvenile
delinquency and criminal street gang activity. Such PROMISE
Coordinating Councils shall--
(1) conduct an objective needs and strengths assessment in
accordance with section 203; and
(2) develop a PROMISE Plan in accordance with section 204,
based on the assessment conducted in accordance with section
203.
(b) Grant Duration, Amount, and Allocation.--
(1) Duration.--A grant awarded under this section shall be
for a period not to exceed one year.
(2) Maximum grant amount.--A grant awarded under this
section shall not exceed $300,000.
(c) Allocation.--
(1) Minimum allocation.--Subject to the availability of
appropriations, the Administrator shall ensure that the total
funds allocated under this section to units of local
governments and Indian tribes in a State shall not be less than
$1,000,000.
(2) Ratable reduction.--If the amount made available for
grants under this section for any fiscal year is less than the
amount required to provide the minimum allocation of funds
under paragraph (1) to units of local government and Indian
tribes in each State, then the amount of such minimum
allocation shall be ratably reduced.
SEC. 218. PROMISE COORDINATING COUNCILS.
To be eligible to receive a grant under this subtitle, a unit of
local government or an Indian tribe shall establish a PROMISE
Coordinating Council for each community of such unit or tribe,
respectively, for which such unit or tribe is applying for a grant
under this subtitle. Each such community shall include one or more
designated geographic areas identified on the list required under
section 102(a)(2). The members of such a PROMISE Coordinating Council
shall be representatives of public and private sector entities and
individuals that--
(1) shall include, to the extent possible, at least one
representative from each of the following:
(A) the local chief executive's office;
(B) a local educational agency;
(C) a local health agency or provider;
(D) a local mental health agency or provider,
unless the representative under subparagraph (C) also
meets the requirements of this subparagraph;
(E) a local public housing agency;
(F) a local law enforcement agency;
(G) a local child welfare agency;
(H) a local juvenile court;
(I) a local juvenile prosecutor's office;
(J) a private juvenile residential care entity;
(K) a local juvenile public defender's office;
(L) a State juvenile correctional entity;
(M) a local business community representative; and
(N) a local faith-based community representative;
(2) shall include two representatives from each of the
following:
(A) parents who have minor children, and who have
an interest in the local juvenile or criminal justice
systems;
(B) youth between the ages of 15 and 24 who reside
in the jurisdiction of the unit or tribe; and
(C) members from nonprofit community-based
organizations that provide effective delinquency
prevention and intervention to youth in the
jurisdiction of the unit or tribe; and
(3) may include other members, as the unit or tribe
determines to be appropriate.
SEC. 219. NEEDS AND STRENGTHS ASSESSMENT.
(a) Assessment.--Each PROMISE Coordinating Council receiving funds
from a unit of local government or Indian tribe under this subtitle
shall conduct an objective strengths and needs assessment of the
resources of the community for which such PROMISE Coordinating Council
was established, to identify the unmet needs of youth in the community
with respect to evidence-based and promising practices related to
juvenile delinquency and criminal street gang activity prevention and
intervention. The PROMISE Coordinating Council shall consult with a
research partner receiving a grant under section 302 for assistance
with such assessment. Such assessment shall include, with respect to
the community for which such PROMISE Coordinating Council was
established--
(1) the number of youth who are at-risk of involvement in
juvenile delinquency or street gang activity;
(2) the number of youth who are involved in juvenile
delinquency or criminal street gang activity, including the
number of such youth who are at high risk of continued
involvement;
(3) youth unemployment rates during the summer;
(4) the number of individuals on public financial
assistance (including a breakdown of the numbers of men, women,
and children on such assistance);
(5) the estimated number of youth who are chronically
truant;
(6) the number of youth who have dropped out of school in
the previous year;
(7) for the year before such assessment, the estimated
total amount expended (by the community and other entities) for
the incarceration of offenders who were convicted or
adjudicated delinquent for an offense that was committed in
such community, including amounts expended for the
incarceration of offenders in prisons, jails, and juvenile
facilities that are located in the United States but are not
located in such community;
(8) a comparison of the amount under paragraph (7) with an
estimation of the amount that would be expended for the
incarceration of offenders described in such paragraph if the
number of offenders described in such paragraph was equal to
the national average incarceration rate per 100,000 population;
and
(9) a description of evidence-based and promising practices
related to juvenile delinquency and criminal street gang
activity prevention available for youth in the community,
including school-based programs, after school programs
(particularly programs that have activities available for youth
between 3 p.m. and 6 p.m. in the afternoon), weekend activities
and programs, youth mentoring programs, faith and community-
based programs, summer activities, and summer jobs, if any; and
(10) a description of evidence-based and promising
intervention practices available for youth in the community.
(b) Limitation on Use of Assessment Information.--Information
gathered pursuant to this section may be used for the sole purpose of
developing a PROMISE Plan in accordance with this subtitle.
SEC. 220. PROMISE PLAN COMPONENTS.
(a) In General.--Each PROMISE Coordinating Council receiving funds
from a unit of local government or Indian tribe under this subtitle
shall develop a PROMISE Plan to provide for the coordination of, and,
as appropriate, to support the delivery of, evidence-based and
promising practices related to juvenile delinquency and criminal street
gang activity prevention and intervention to youth and families who
reside in the community for which such PROMISE Coordinating Council was
established. Such a PROMISE Plan shall--
(1) include the strategy by which the PROMISE Coordinating
Council plans to prioritize and allocate resources and services
toward the unmet needs of youth in the community, consistent
with the needs and available resources of communities with the
greatest need for assistance, as determined pursuant to section
102;
(2) include a combination of evidence-based and promising
prevention and intervention practices that are responsive to
the needs of the community; and
(3) ensure that cultural and linguistic needs of the
community are met.
(b) Mandatory Components.--Each PROMISE Plan shall--
(1) include a plan to connect youth identified in
paragraphs (1) and (2) of section 204(a) to evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention;
(2) identify the amount or percentage of local funds that
are available to the PROMISE Coordinating Council to carry out
the PROMISE Plan;
(3) provide strategies to improve indigent defense delivery
systems, with particular attention given to groups of children
who are disproportionately represented in the State delinquency
system and Federal criminal justice system, as compared to the
representation of such groups in the general population of the
State;
(4) provide for training (which complies with the American
Bar Association Juvenile Justice Standards for the
representation and care of youth in the juvenile justice
system) of prosecutors, defenders, probation officers, judges
and other court personnel related to issues concerning the
developmental needs, challenges, and potential of youth in the
juvenile justice system (including training related to
adolescent development and mental health issues, and the
expected impact of evidence-based practices and cost reduction
strategies);
(5) ensure that the number of youth involved in the
juvenile delinquency and criminal justice systems does not
increase as a result of the activities undertaken with the
funds provided under this subtitle;
(6) describe the coordinated strategy that will be used by
the PROMISE Coordinating Council to provide at-risk youth with
evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and
intervention;
(7) propose the performance evaluation process to be used
to carry out section 211(d), which shall include performance
measures to assess efforts to address the unmet needs of youth
in the community with evidence-based and promising practices
related to juvenile delinquency and criminal street gang
activity prevention and intervention; and
(8) identify the research partner the PROMISE Coordinating
Council will use to obtain information on evidence-based and
promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention, and
for the evaluation under section 211(d) of the results of the
activities carried out with funds under this subtitle.
(c) Voluntary Components.--In addition to the components under
subsection (b), a PROMISE Plan may include evidence-based or promising
practices related to juvenile delinquency and criminal street gang
activity prevention and intervention in the following categories:
(1) Early childhood development services (such as prenatal
and neonatal health services), early childhood prevention,
voluntary home visiting programs, nurse-family partnership
programs, parenting and healthy relationship skills training,
child abuse prevention programs, Early Head Start, and Head
Start.
(2) Child protection and safety services (such as foster
care and adoption assistance programs), family stabilization
programs, child welfare services, and family violence
intervention programs.
(3) Youth and adolescent development services, including
job training and apprenticeship programs, job placement and
retention training, education and after school programs (such
as school programs with shared governance by students,
teachers, and parents, and activities for youth between the
hours of 3 p.m. and 6 p.m. in the afternoon), mentoring
programs, conflict resolution skills training, sports, arts,
life skills, employment and recreation programs, summer jobs,
and summer recreation programs, and alternative school
resources for youth who have dropped out of school or
demonstrate chronic truancy.
(4) Health and mental health services, including cognitive
behavioral therapy, play therapy, and peer mentoring and
counseling.
(5) Substance abuse counseling and treatment services,
including harm-reduction strategies.
(6) Emergency, transitional, and permanent housing
assistance (such as safe shelter and housing for runaway and
homeless youth).
(7) Targeted gang prevention, intervention, and exit
services such as tattoo removal, successful models of anti-gang
crime outreach programs (such as ``street worker'' programs),
and other criminal street gang truce or peacemaking activities.
(8) Training and education programs for pregnant teens and
teen parents.
(9) Restorative justice programs.
(10) Alternatives to detention and confinement programs
(such as mandated participation in community service,
restitution, counseling, and intensive individual and family
therapeutic approaches).
(11) Prerelease, postrelease, and reentry services to
assist detained and incarcerated youth with transitioning back
into and reentering the community.
SEC. 221. AUTHORIZATION OF APPROPRIATIONS.
For fiscal years 2016 through 2020, of the amount made available
under section 224 to carry out this Act for any fiscal year, not more
than 15 percent shall be made available to carry out this subtitle.
Subchapter B--PROMISE Implementation Grants
SEC. 222. PROMISE IMPLEMENTATION GRANTS AUTHORIZED.
(a) PROMISE Implementation Grants Authorized.--The Administrator of
the Office of Juvenile Justice and Delinquency Prevention is authorized
to award grants to units of local government and Indian tribes to
assist PROMISE Coordinating Councils with implementing PROMISE Plans
developed pursuant to subtitle A.
(b) Grant Duration and Amount.--
(1) Duration.--A grant awarded under this subtitle shall be
for a three-year period.
(2) Maximum grant amount.--A grant awarded under this
subtitle shall not be for more than $10,000,000 per year for
each year of the grant period.
(c) Non-Federal Funds Required.--For each fiscal year during the
three-year grant period for a grant under this subtitle, each unit of
local government or Indian tribe receiving such a grant for a PROMISE
Coordinating Council shall provide, from non-Federal funds, in cash or
in kind, 25 percent of the costs of the activities carried out with
such grant.
(d) Evaluation.--Of any funds provided to a unit of local
government or an Indian tribe for a grant under this subtitle, not more
than $100,000 shall be used to provide a contract to a competitively
selected organization to assess the progress of the unit or tribe in
addressing the unmet needs of youth in the community, in accordance
with the performance measures under section 204(b)(7).
SEC. 223. PROMISE IMPLEMENTATION GRANT APPLICATION REQUIREMENTS.
(a) Application Required.--To be eligible to receive a PROMISE
Implementation grant under this subtitle, a unit of local government or
Indian tribe that received a PROMISE Assessment and Planning grant
under subtitle A shall submit an application to the Administrator of
the Office of Juvenile Justice and Delinquency Prevention not later
than one year after the date such unit of local government or Indian
tribe was awarded such grant under subtitle A, in such manner, and
accompanied by such information, as the Administrator, after
consultation with the organization under section 223(f)(1) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5633(f)(1)), may require.
(b) Contents of Application.--Each application submitted under
subsection (a) shall--
(1) identify potential savings from criminal justice costs,
public assistance costs, and other costs avoided by utilizing
evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and
intervention;
(2) document--
(A) investment in evidence-based and promising
practices related to juvenile delinquency and criminal
street gang activity prevention and intervention to be
provided by the unit of local government or Indian
tribe;
(B) the activities to be undertaken with the grants
funds;
(C) any expected efficiencies in the juvenile
justice or other local systems to be attained as a
result of implementation of the programs funded by the
grant; and
(D) outcomes from such activities, in terms of the
expected numbers related to reduced criminal activity;
(3) describe how savings sustained from investment in
prevention and intervention practices will be reinvested in the
continuing implementation of the PROMISE Plan; and
(4) provide an assurance that the local fiscal contribution
with respect to evidence-based and promising practices related
to juvenile delinquency and criminal street gang activity
prevention and intervention in the community for which the
PROMISE Coordinating Council was established for each year of
the grant period will not be less than the local fiscal
contribution with respect to such practices in the community
for the year preceding the first year of the grant period.
SEC. 224. GRANT AWARD GUIDELINES.
(a) Selection and Distribution.--Grants awarded under this subtitle
shall be awarded on a competitive basis. The Administrator shall--
(1) take such steps as may be necessary to ensure that
grants are awarded to units of local governments and Indian
tribes in areas with the highest concentrations of youth who
are--
(A) at risk of involvement in juvenile delinquency
or criminal street gang activity; and
(B) involved in juvenile delinquency or street gang
activity and who are at high-risk of continued
involvement; and
(2) give consideration to the need for grants to be awarded
to units of local governments and Indian tribes in each region
of the United States, and among urban, suburban, and rural
areas.
(b) Extension of Grant Award.--The Administrator may extend the
grant period under section 211(b)(1) for a PROMISE Implementation grant
to a unit of local government or an Indian tribe, in accordance with
regulations issued by the Administrator.
(c) Renewal of Grant Award.--Subject to the availability of
appropriations, the Administrator may renew a PROMISE Implementation
grant to a unit of local government or an Indian tribe to provide such
unit or tribe with additional funds to continue implementation of a
PROMISE Plan. Such a renewal--
(1) shall be initiated by an application for renewal from a
unit of local government or an Indian tribe;
(2) shall be carried out in accordance with regulations
issued by the Administrator; and
(3) shall not be granted unless the Administrator
determines such a renewal to be appropriate based on the
results of the evaluation conducted under section 223(a) with
respect to the community of such unit or tribe for which a
PROMISE Coordinating Council was established, and for which
such unit or tribe is applying for renewal.
SEC. 225. REPORTS.
Not later than one year after the end of the grant period for which
a unit of local government or an Indian tribe receives a PROMISE
Implementation grant, and annually thereafter for as long as such unit
or tribe continues to receive Federal funding for a PROMISE
Coordinating Council, such unit or tribe shall report to the
Administrator regarding the use of Federal funds to implement the
PROMISE Plan developed under subtitle A.
SEC. 226. AUTHORIZATION OF APPROPRIATIONS.
For fiscal years 2016 through 2020, of the amount made available
under section 224 to carry out this Act for any fiscal year, not more
than 75 percent shall be made available to carry out this subtitle.
Subchapter C--General PROMISE Grant Provisions
SEC. 227. NONSUPPLANTING CLAUSE.
A unit of local government or Indian tribe receiving a grant under
this title shall use such grant only to supplement, and not supplant,
the amount of funds that, in the absence of such grant, would be
available to address the needs of youth in the community with respect
to evidence-based and promising practices related to juvenile
delinquency and criminal street gang activity prevention and
intervention.
SEC. 228. GRANT APPLICATION REVIEW PANEL.
The Administrator of the Office of Juvenile Justice and Delinquency
Prevention, in conjunction with the PROMISE Advisory Panel, shall
establish and utilize a transparent, reliable, and valid system for
evaluating applications for PROMISE Assessment and Planning grants and
for PROMISE Implementation grants, and shall determine which applicants
meet the criteria for funding, based primarily on a determination of
greatest need (in accordance with section 102), with due consideration
to other enumerated factors and the indicated ability of the applicant
to successfully implement the program described in the application.
SEC. 229. EVALUATION OF PROMISE GRANT PROGRAMS.
(a) Evaluation Required.--Subject to the availability of
appropriations under this title, the Administrator shall, in
consultation with the organization provided assistance under section
223(f)(1) of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5633(f)(1)), provide for an evaluation of the programs
and activities carried out with grants under this title. In carrying
out this section, the Administrator shall--
(1) award grants to institutions of higher education
(including institutions that are eligible to receive funds
under part F of title III of the Higher Education Act of 1965
(20 U.S.C. 1067q et seq.)), to facilitate the evaluation
process and measurement of achieved outcomes;
(2) identify evidence-based and promising practices used by
PROMISE Coordinating Councils under PROMISE Implementation
grants that have proven to be effective in preventing
involvement in, or diverting further involvement in, juvenile
delinquency or criminal street gang activity; and
(3) ensure--
(A) that such evaluation is based on the
performance standards that are developed by the PROMISE
Advisory Panel in accordance with section 223(g) of the
Juvenile Justice and Delinquency Prevention Act of 1974
(as added by section 101(b) of this Act);
(B) the development of longitudinal and clinical
trial evaluation and performance measurements with
regard to the evidence-based and promising practices
funded under this title; and
(C) the dissemination of the practices identified
in paragraph (2) to the National Research Center for
Proven Juvenile Justice Practices (established under
section 301), units of local government, and Indian
tribes to promote the use of such practices by such
units and tribes to prevent involvement in, or to
divert further involvement in, juvenile delinquency or
criminal street gang activity.
(b) Results to the National Research Center for Proven Juvenile
Justice Practices.--The Administrator shall provide the results of the
evaluation under subsection (a) to the National Research Center for
Proven Juvenile Justice Practices established under section 301.
SEC. 230. RESERVATION OF FUNDS.
For fiscal years 2016 through 2020, not more than 20 percent of the
total amount appropriated to the Office of Juvenile Justice and
Delinquency Prevention to carry out Youth Mentoring Programs for each
fiscal year shall be made available to carry out this Act.
CHAPTER 3--PROMISE RESEARCH CENTERS
SEC. 231. ESTABLISHMENT OF THE NATIONAL RESEARCH CENTER FOR PROVEN
JUVENILE JUSTICE PRACTICES.
(a) Center Established.--Subject to the availability of
appropriations, the Administrator shall award a grant to a nonprofit
organization with a national reputation for expertise in operating or
evaluating effective, evidence-based practices related to juvenile
delinquency and criminal street gang activity prevention or
intervention to develop a National Research Center for Proven Juvenile
Justice Practices. Such Center shall--
(1) collaborate with institutions of higher education as
regional partners to create a best practices juvenile justice
information-sharing network to support the programs and
activities carried out with grants under title II of this Act;
(2) collect, and disseminate to PROMISE Coordinating
Councils, research and other information about evidence-based
and promising practices related to juvenile delinquency and
criminal street gang activity prevention and intervention to
inform the efforts of PROMISE Coordinating Councils and
regional research partners and to support the programs and
activities carried out with grants under title II of this Act;
(3) increase the public's knowledge and understanding of
effective juvenile justice practices to prevent crime and
delinquency and reduce recidivism; and
(4) develop, manage, and regularly update a site to
disseminate proven practices for successful juvenile
delinquency prevention and intervention.
(b) Authorization of Appropriations.--Of the amount made available
under section 224 to carry out this Act--
(1) for fiscal year 2016, not more than 2.5 percent of such
amount shall be made available to carry out this section; and
(2) for fiscal years 2017 through 2020, not more than four
percent of such amount shall be made available to carry out
this section.
SEC. 232. GRANTS FOR REGIONAL RESEARCH PROVEN PRACTICES PARTNERSHIPS.
(a) Grant Program Authorized.--The Administrator shall, subject to
the availability of appropriations, establish a grant program to award
grants to institutions of higher education to serve as regional
research partners with PROMISE Coordinating Councils that are located
in the same geographic region as an institution, in collaboration with
the National Research Center for Proven Juvenile Justice Practices
authorized under section 301. Regional research partners shall provide
research support to such PROMISE Coordinating Councils, including--
(1) assistance with preparing PROMISE grant applications
under title II, including collection of baseline data for such
applications;
(2) assistance with the needs and strengths assessments
conducted under section 203; and
(3) provision of support services to PROMISE grant
recipients for data collection and analysis to assess progress
under the PROMISE grant.
(b) Authorization of Appropriations.--Of the amount made available
under section 224 to carry out this Act--
(1) for fiscal year 2016, not more than 2.5 percent of such
amount shall be made available to carry out this section; and
(2) for fiscal years 2017 through 2020, not more than four
percent of such amount shall be made available to carry out
this section.
Subtitle C--Safe Streets and Representative Police Forces
SEC. 241. SHORT TITLE.
This subtitle may be cited as the ``Safe Streets and Representative
Police Forces Act of 2015''.
SEC. 242. GRANTS TO INCREASE THE RACIAL DIVERSITY OF LAW ENFORCEMENT
AGENCIES.
Section 1701(b) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796dd(b)) is amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) by redesignating paragraph (17) as paragraph (18);
(3) by inserting after paragraph (16) the following:
``(17) to increase the racial diversity of law enforcement
agencies by awarding grants to institutions of higher education
(as such term is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001)), with priority given to
Predominantly Black Institutions (as such term is defined in
section 318 of the Higher Education Act of 1965 (20 U.S.C.
1059e)), historically Black colleges and universities (as such
term is defined in section 631 of the Higher Education Act of
1965 (20 U.S.C. 1132)), institutions of higher education at
which not less than 40 percent of the enrolled students are
Latino, and institutions of higher education at which not less
than 40 percent of the enrolled students are Native American,
to support majors related to criminal justice, including
psychology, sociology, prelaw, and criminal justice majors;
and''; and
(4) in paragraph (18), as so redesignated, by striking
``paragraphs (1) through (16)'' and inserting ``paragraphs (1)
through (17)''.
TITLE III--COMMON SENSE GUN VIOLENCE PREVENTION
Subtitle A--Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and
Crime Prevention
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ``Hadiya Pendleton and Nyasia
Pryear-Yard Gun Trafficking and Crime Prevention Act of 2016''.
SEC. 302. FIREARMS TRAFFICKING.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Trafficking in firearms
``(a) Offenses.--It shall be unlawful for any person, regardless of
whether anything of value is exchanged--
``(1) to ship, transport, transfer, or otherwise dispose to
a person, 2 or more firearms in or affecting interstate or
foreign commerce, if the transferor knows or has reasonable
cause to believe that such use, carry, possession, or
disposition of the firearm would be in violation of, or would
result in a violation of any Federal, State, or local law
punishable by a term of imprisonment exceeding 1 year;
``(2) to receive from a person, two or more firearms in or
affecting interstate or foreign commerce, if the recipient
knows or has reasonable cause to believe that such receipt
would be in violation of, or would result in a violation of any
Federal, State, or local law punishable by a term of
imprisonment exceeding 1 year;
``(3) to make a statement to a licensed importer, licensed
manufacturer, or licensed dealer relating to the purchase,
receipt, or acquisition from a licensed importer, licensed
manufacturer, or licensed dealer of two or more firearms that
have moved in or affected interstate or foreign commerce that--
``(A) is material to--
``(i) the identity of the actual buyer of
the firearms; or
``(ii) the intended trafficking of the
firearms; and
``(B) the person knows or has reasonable cause to
believe is false; or
``(4) to direct, promote, or facilitate conduct specified
in paragraph (1), (2), or (3).
``(b) Penalties.--
``(1) In general.--Any person who violates, or conspires to
violate, subsection (a) shall be fined under this title,
imprisoned for not more than 20 years, or both.
``(2) Organizer enhancement.--If a violation of subsection
(a) is committed by a person in concert with 5 or more other
persons with respect to whom such person occupies a position of
organizer, a supervisory position, or any other position of
management, such person may be sentenced to an additional term
of imprisonment of not more than 5 consecutive years.
``(c) Definitions.--In this section--
``(1) the term `actual buyer' means the individual for whom
a firearm is being purchased, received, or acquired; and
``(2) the term `term of imprisonment exceeding 1 year' does
not include any offense classified by the applicable
jurisdiction as a misdemeanor and punishable by a term of
imprisonment of 2 years or less.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by adding at the
end the following:
``932. Trafficking in firearms.''.
(c) Directive to the Sentencing Commission.--
(1) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall review and, if appropriate, amend
the Federal sentencing guidelines and policy statements
applicable to persons convicted of offenses under section 932
of title 18, United States Code (as added by subsection (a)).
(2) Requirements.--In carrying out this section, the
Commission shall--
(A) review the penalty structure that the
guidelines currently provide based on the number of
firearms involved in the offense and determine whether
any changes to that penalty structure are appropriate
in order to reflect the intent of Congress that such
penalties reflect the gravity of the offense; and
(B) review and amend, if appropriate, the
guidelines and policy statements to reflect the intent
of Congress that guideline penalties for violations of
section 932 of title 18, United States Code, and
similar offenses be increased substantially when
committed by a person who is a member of a gang,
cartel, organized crime ring, or other such enterprise
or in concert with another person who is a member of a
gang, cartel, organized crime ring or other such
enterprise.
Subtitle B--Report on Effects of Gun Violence on Public Health
SEC. 311. REPORT ON EFFECTS OF GUN VIOLENCE ON PUBLIC HEALTH.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the Surgeon General of the Public Health
Service shall submit to Congress a report on the effects on public
health of gun violence in the United States during the relevant period,
and the status of actions taken to address such effects.
SEC. 312. PROHIBITION ON CERTAIN AMENDMENTS TO APPROPRIATIONS MEASURES.
Clause 2 of rule XXI of the Rules of the House of Representatives
is amended by adding at the end the following new paragraph:
``(g) A provision prohibiting the use of funds to study the
public health effects of gun violence may not be reported in a
general appropriation bill and may not be in order in any
amendment thereto.''.
Subtitle C--Keeping Guns From High Risk Individuals
SEC. 321. SHORT TITLE.
This subtitle may be cited as the ``Keeping Guns from High Risk
Individuals Act''.
SEC. 322. FIREARM PROHIBITIONS APPLICABLE WITH RESPECT TO CERTAIN HIGH-
RISK INDIVIDUALS.
(a) Sales or Other Dispositions.--Section 922(d) of title 18,
United States Code, is amended in the first sentence--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting a semicolon; and
(3) by adding at the end the following:
``(10) in the most recent 10-year period, has been
convicted in any court of a crime of violence (as defined in
section 16);
``(11) has not attained 25 years of age, and has been
adjudicated by any court as having committed an offense that
would have been a crime of violence (as defined in section 16)
if committed by an adult;
``(12) in any period of 3 consecutive years in the most
recent 10-year period, has been convicted in any court, on 2
separate occasions, of an offense that has, as an element, the
possession or distribution of, or the intent to possess or
distribute, alcohol or a controlled substance (as so defined);
or
``(13) has been convicted in any court of stalking.''.
(b) Possession, Shipment, Transportation, or Receipt.--Section
922(g) of such title is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and
inserting a semicolon; and
(3) by inserting after paragraph (9) the following:
``(10) who, in the most recent 10-year period, has been
convicted in any court of a crime of violence (as defined in
section 16);
``(11) who has not attained 25 years of age and has been
adjudicated by any court as having committed an offense that
would have been a crime of violence (as defined in section 16)
if committed by an adult;
``(12) who, in any period of 3 consecutive years in the
most recent 10-year period, has been convicted in any court, on
2 separate occasions, of an offense that has, as an element,
the possession or distribution of, or the intent to possess or
distribute, alcohol or a controlled substance (as so defined);
or
``(13) who has been convicted in any court of stalking,''.
Subtitle D--Strengthening Gun Checks Act
SEC. 341. SHORT TITLE; TABLE OF CONTENTS.
This subtitle may be cited as the ``Strengthening Gun Checks Act of
2016''.
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.
(a) In General.--Section 102(b) of the NICS Improvement Amendments
Act of 2007 (18 U.S.C. 922 note) is amended to read as follows:
``(b) Implementation Plan.--
``(1) In general.--Within 1 year after the date of the
enactment of this subsection, the Attorney General, in
coordination with the States, shall establish, for each State
or Indian tribal government, a plan to ensure maximum
coordination and automation of the reporting of records or
making of records available to the National Instant Criminal
Background Check System established under section 103 of the
Brady Handgun Violence Prevention Act, during a 4-year period
specified in the plan.
``(2) Benchmark requirements.--Each such plan shall include
annual benchmarks, including qualitative goals and quantitative
measures, to enable the Attorney General to assess
implementation of the plan.''.
(b) Incentive Grants for Rapid Compliance.--Section 506 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3756) is
amended by adding at the end the following:
``(c) Of the total amount made available to carry out this subpart
for a fiscal year, the Attorney General shall reserve not more than
$50,000,000 for incentive grants by the Attorney General to States that
comply with section 102(b) of the NICS Improvement Amendments Act of
2007 (18 U.S.C. 922 note), in accordance with the following:
``(1) During the 4-year period covered by a plan
established under such section, if the State meets the
benchmark established under paragraph (2) of such section, the
State may receive an incentive grant under this paragraph.
``(2) The Attorney General shall allocate the amounts
reserved under this section equally among each State receiving
an incentive grant.''.
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.
Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18
U.S.C. 922 note) is amended by adding at the end the following:
``(F) Semiannual certification and reporting.--
``(i) In general.--The head of each Federal
department or agency shall submit to the
Attorney General a written certification
indicating whether the department or agency has
provided to the Attorney General the pertinent
information contained in any record of any
person that the department or agency was in
possession of during the time period addressed
by the report demonstrating that the person
falls within a category described in subsection
(g) or (n) of section 922 of title 18, United
States Code.
``(ii) Submission dates.--The head of a
Federal department or agency shall submit a
certification under clause (i)--
``(I) not later than July 31 of
each year, which shall address any
record the department or agency was in
possession of during the period
beginning on January 1 of the year and
ending on June 30 of the year; and
``(II) not later than January 31 of
each year, which shall address any
record the department or agency was in
possession of during the period
beginning on July 1 of the previous
year and ending on December 31 of the
previous year.
``(iii) Contents.--A certification required
under clause (i) shall state, for the
applicable period--
``(I) the number of records of the
Federal department or agency
demonstrating that a person fell within
each of the categories described in
section 922(g) of title 18, United
States Code;
``(II) the number of records of the
Federal department or agency
demonstrating that a person fell within
the category described in section
922(n) of title 18, United States Code;
and
``(III) for each category of
records described in subclauses (I) and
(II), the total number of records of
the Federal department or agency that
have been provided to the Attorney
General.''.
SEC. 344. ADJUDICATED AS A MENTAL DEFECTIVE.
(a) In General.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following:
``(36) The term `adjudicated as a mental defective' shall--
``(A) have the meaning given the term in section 478.11 of
title 27, Code of Federal Regulations, or any successor
thereto; and
``(B) include an order by a court, board, commission, or
other lawful authority that a person, in response to mental
illness, incompetency, or marked subnormal intelligence, be
compelled to receive services--
``(i) including counseling, medication, or testing
to determine compliance with prescribed medications;
and
``(ii) not including testing for use of alcohol or
for abuse of any controlled substance or other drug.
``(37) The term `committed to a mental institution' shall have the
meaning given the term in section 478.11 of title 27, Code of Federal
Regulations, or any successor thereto.''.
(b) Limitation.--An individual who has been adjudicated as a mental
defective before the effective date described in section 203 may not
apply for relief from disability under section 101(c)(2) of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis
that the individual does not meet the requirements in section
921(a)(36) of title 18, United States Code, as added by subsection (a).
(c) NICS Improvement Amendments Act of 2007.--Section 3 of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by
striking paragraph (2) and inserting the following:
``(2) Mental health terms.--
``(A) In general.--Except as provided in
subparagraph (B), the terms `adjudicated as a mental
defective' and `committed to a mental institution'
shall have the meaning given the terms in section
921(a) of title 18, United States Code.
``(B) Exception.--For purposes of sections 102 and
103, the terms `adjudicated as a mental defective' and
`committed to a mental institution' shall have the same
meanings as on the day before the date of enactment of
the Fix Gun Checks Act of 2016 until the end of the 2-
year period beginning on such date of enactment.''.
SEC. 345. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
Section 103(e)(1) of the Brady Handgun Violence Protection Act (18
U.S.C. 922 note), as amended by section 102 of this Act, is amended by
adding at the end the following:
``(G) Application to federal courts.--In this
paragraph--
``(i) the terms `department or agency of
the United States' and `Federal department or
agency' include a Federal court; and
``(ii) for purposes of any request,
submission, or notification, the Director of
the Administrative Office of the United States
Courts shall perform the functions of the head
of the department or agency.''.
CHAPTER 2--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
SEC. 346. PURPOSE.
The purpose of this chapter is to extend the Brady Law background
check procedures to all sales and transfers of firearms.
SEC. 347. FIREARMS TRANSFERS.
(a) In General.--Section 922 of title 18, United States Code, is
amended--
(1) by striking subsection (s) and redesignating subsection
(t) as subsection (s);
(2) in subsection (s), as so redesignated--
(A) in paragraph (3)(C)(ii), by striking ``(as
defined in subsection (s)(8))''; and
(B) by adding at the end the following:
``(7) In this subsection, the term `chief law enforcement
officer' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.'';
and
(3) by inserting after subsection (s), as so redesignated,
the following:
``(t)(1) It shall be unlawful for any person who is not a licensed
importer, licensed manufacturer, or licensed dealer to transfer a
firearm to any other person who is not so licensed, unless a licensed
importer, licensed manufacturer, or licensed dealer has first taken
possession of the firearm for the purpose of complying with subsection
(s). Upon taking possession of the firearm, the licensee shall comply
with all requirements of this chapter as if the licensee were
transferring the firearm from the inventory of the licensee to the
unlicensed transferee.
``(2) Paragraph (1) shall not apply to--
``(A) a transfer of a firearm by or to any law enforcement
agency or any law enforcement officer, armed private security
professional, or member of the armed forces, to the extent the
officer, professional, or member is acting within the course
and scope of employment and official duties;
``(B) a transfer between spouses, between domestic
partners, between parents and their children, between siblings,
or between grandparents and their grandchildren;
``(C) a transfer to an executor, administrator, trustee, or
personal representative of an estate or a trust that occurs by
operation of law upon the death of another person;
``(D) a temporary transfer that is necessary to prevent
imminent death or great bodily harm, if the possession by the
transferee lasts only as long as immediately necessary to
prevent the imminent death or great bodily harm;
``(E) a transfer that is approved by the Attorney General
under section 5812 of the Internal Revenue Code of 1986;
``(F) a temporary transfer if the transferor has no reason
to believe that the transferee will use or intends to use the
firearm in a crime or is prohibited from possessing firearms
under State or Federal law, and the transfer takes place and
the transferee's possession of the firearm is exclusively--
``(i) at a shooting range or in a shooting gallery
or other area designated and built for the purpose of
target shooting;
``(ii) while hunting, trapping, or fishing, if the
hunting, trapping, or fishing is legal in all places
where the transferee possesses the firearm and the
transferee holds all licenses or permits required for
such hunting, trapping, or fishing; or
``(iii) while in the presence of the transferor.
Nothing in this section shall be construed to preempt any State
criminal statutory or case law related to self-defense, heat of
passion, or any other justifying or mitigation action in a crime or
potential crime involving a firearm.''.
(b) Technical and Conforming Amendments.--
(1) Section 922.--Section 922(y)(2) of such title is
amended in the matter preceding subparagraph (A), by striking
``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and inserting ``and
(g)(5)(B)''.
(2) Section 925A.--Section 925A of such title is amended in
the matter preceding paragraph (1), by striking ``subsection
(s) or (t) of section 922'' and inserting ``section 922(s)''.
(c) Effective Date.--The amendment made by subsection (a)(4) shall
take effect 180 days after the date of the enactment of this Act.
SEC. 348. LOST AND STOLEN REPORTING.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa) It shall be unlawful for any person who lawfully possesses
or owns a firearm that has been shipped or transported in, or has been
possessed in or affecting, interstate or foreign commerce, to fail to
report the theft or loss of the firearm, within 48 hours after the
person discovers the theft or loss, to the Attorney General and to the
appropriate local authorities.''.
(b) Penalty.--Section 924(a)(1)(B) of such title is amended to read
as follows:
``(B) knowingly violates subsection (a)(4), (f),
(k), (q), or (aa) of section 922;''.
Subtitle E--Background Check Completion Act
SEC. 351. SHORT TITLE.
This subtitle may be cited as the ``Background Check Completion
Act''.
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.
Section 922(t)(1)(B) of title 18, United States Code, is amended--
(1) by striking ``(i)'';
(2) by striking ``; or'' and inserting ``; and''; and
(3) by striking clause (ii).
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