[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 827 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 827
To provide for the sealing or expungement of records relating to
Federal nonviolent criminal offenses, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 5 (legislative day, April 4), 2017
Mr. Paul (for himself and Mr. Booker) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the sealing or expungement of records relating to
Federal nonviolent criminal offenses, 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 ``Record Expungement
Designed to Enhance Employment Act of 2017'' or the ``REDEEM Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sealing of criminal records.
Sec. 3. Juvenile sealing and expungement.
Sec. 4. Study and report on cost savings from sealing and expungement
provisions.
Sec. 5. TANF assistance and SNAP benefits.
Sec. 6. State incentives.
Sec. 7. Gender equality in Federal juvenile delinquency proceedings.
Sec. 8. Ensuring accuracy in the FBI background check system.
Sec. 9. Report on statutory and regulatory restrictions and
disqualifications based on criminal
records.
SEC. 2. SEALING OF CRIMINAL RECORDS.
(a) In General.--Chapter 229 of title 18, United States Code, is
amended by adding at the end the following:
``Subchapter D--Sealing of Criminal Records
``Sec.
``3631. Definitions; eligible individuals.
``3632. Sealing petition.
``3633. Effect of sealing order.
``Sec. 3631. Definitions; eligible individuals
``(a) Definitions.--In this subchapter--
``(1) the term `covered nonviolent offense' means a Federal
criminal offense that is not--
``(A) a crime of violence (as that term is defined
in section 16); or
``(B) a sex offense (as that term is defined in
section 111 of the Sex Offender Registration and
Notification Act (42 U.S.C. 16911));
``(2) the term `eligible individual' means an individual
who--
``(A) has been arrested for or convicted of a
covered nonviolent offense;
``(B) in the case of a conviction described in
subparagraph (A), has fulfilled each requirement of the
sentence for the covered nonviolent offense,
including--
``(i) completing each term of imprisonment,
probation, or supervised release; and
``(ii) satisfying each condition of
imprisonment, probation, or supervised release;
``(C) subject to subsection (b), has not been
convicted of more than 2 felonies that are covered
nonviolent offenses, including any such convictions
that have been sealed; and
``(D) has not been convicted of any felony that is
not a covered nonviolent offense;
``(3) the term `petitioner' means an individual who files a
sealing petition;
``(4) the term `protected information', with respect to a
covered nonviolent offense, means any reference to--
``(A) an arrest, conviction, or sentence of an
individual for the offense;
``(B) the institution of criminal proceedings
against an individual for the offense; or
``(C) the result of criminal proceedings described
in subparagraph (B);
``(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 3633,
including--
``(i) the right to treat the offense to
which a sealed record relates, and any arrest,
criminal proceeding, conviction, or sentence
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 a sealed record;
``(6) the term `sealing hearing' means a hearing held under
section 3632(b)(2); and
``(7) the term `sealing petition' means a petition for a
sealing order filed under section 3632(a).
``(b) Eligible Individuals.--
``(1) Multiple convictions deemed to be one conviction.--
For purposes of subsection (a)(2)(C)--
``(A) multiple convictions shall be deemed to be 1
conviction if the convictions result from or relate
to--
``(i) the same act; or
``(ii) acts committed at the same time; and
``(B) subject to paragraph (2), 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 1 conviction if the
convictions--
``(i) result from or relate to--
``(I) the same--
``(aa) indictment,
information, or complaint;
``(bb) plea of guilty; or
``(cc) official proceeding;
or
``(II) related criminal acts that
were committed within a 3-month period;
or
``(ii) are determined to be directly
related to addiction or a substance use
disorder.
``(2) Discretion of court.--
``(A) In general.--A court reviewing a sealing
petition may determine that it is not in the public
interest to deem multiple convictions described in
paragraph (1)(B) to be 1 conviction.
``(B) Reasoning.--If a court makes a determination
under subparagraph (A), the court shall make available
to the public the reasoning for the determination.
``(C) Reporting.--Not later than 2 years after the
date of enactment of this subchapter, and each year
thereafter, each district court of the United States
shall submit to the appropriate committees of Congress
a report that describes the exercise of discretion by
the court under subparagraph (B), with all relevant
data disaggregated by race, ethnicity, gender, and the
nature of the offense.
``Sec. 3632. Sealing petition
``(a) Right To File Sealing Petition.--
``(1) In general.--On and after the date described in
paragraph (2), an eligible individual may file a petition for a
sealing order with respect to a covered nonviolent offense in a
district court of the United States.
``(2) Dates.--The date described in this paragraph is--
``(A) for an eligible individual who is convicted
of a covered nonviolent offense and sentenced to a term
of imprisonment, probation, or supervised release, the
date that is 1 year after the date on which the
eligible individual has completed every such term of
imprisonment, probation, or supervised release; and
``(B) for an eligible individual not described in
subparagraph (A), the date on which the case relating
to the covered nonviolent offense is disposed of.
``(3) Notice of opportunity to file petition.--
``(A) Convicted individuals.--
``(i) In general.--If an individual is
convicted of a covered nonviolent offense and
will potentially be eligible to file a sealing
petition with respect to the offense upon
fulfilling each requirement of the sentence for
the offense as described in section
3631(a)(2)(B), the court in which the
individual is convicted shall, in writing,
inform the individual, on each date described
in clause (ii), of--
``(I) that potential eligibility;
``(II) the necessary procedures for
filing the sealing petition; and
``(III) the benefits of sealing a
record, including protection from civil
and criminal perjury, false swearing,
and false statement laws with respect
to the record.
``(ii) Dates.--The dates described in this
clause are--
``(I) the date on which the
individual is convicted; and
``(II) the date on which the
individual has completed every term of
imprisonment, probation, or supervised
release relating to the offense.
``(B) Individuals not convicted.--
``(i) Arrest only.--If an individual is
arrested for a covered nonviolent offense,
criminal proceedings are not instituted against
the individual for the offense, and the
individual is potentially eligible to file a
sealing petition with respect to the offense,
on the date on which the case relating to the
offense is disposed of, the arresting authority
shall, in writing, inform the individual of--
``(I) that potential eligibility;
``(II) the necessary procedures for
filing the sealing petition; and
``(III) the benefits of sealing a
record, including protection from civil
and criminal perjury, false swearing,
and false statement laws with respect
to the record.
``(ii) Court proceedings.--If an individual
is arrested for a covered nonviolent offense,
criminal proceedings are instituted against the
individual for the offense, the individual is
not convicted of the offense, and the
individual is potentially eligible to file a
sealing petition with respect to the offense,
on the date on which the case relating to the
offense is disposed of, the court in which the
criminal proceedings take place shall, in
writing, inform the individual of--
``(I) that potential eligibility;
``(II) the necessary procedures for
filing the sealing petition; and
``(III) the benefits of sealing a
record, including protection from civil
and criminal perjury, false swearing,
and false statement laws with respect
to the record.
``(b) Procedures.--
``(1) Notification to prosecutor.--If an individual files a
petition under subsection (a) with respect to a covered
nonviolent offense or arrest for a covered nonviolent offense,
the district court in which the petition is filed shall provide
notice of the petition--
``(A) to the office of the United States attorney
that prosecuted or would have prosecuted the petitioner
for the offense; and
``(B) upon the request of the petitioner, to any
other individual that the petitioner determines may
testify as to the--
``(i) conduct of the petitioner since the
date of the offense or arrest; or
``(ii) reasons that the sealing order
should be entered.
``(2) Hearing.--
``(A) In general.--Not later than 180 days after
the date on which an individual files a sealing
petition, the district court shall--
``(i) except as provided in subparagraph
(D), conduct a hearing in accordance with
subparagraph (B); and
``(ii) determine whether to enter a sealing
order for the individual in accordance with
paragraph (3).
``(B) Opportunity to testify and offer evidence.--
``(i) Petitioner.--The petitioner may
testify or offer evidence at the sealing
hearing in support of sealing.
``(ii) Prosecutor.--The office of a United
States attorney that receives notice under
paragraph (1)(A) may send a representative to
testify or offer evidence at the sealing
hearing in support of or against sealing.
``(iii) Other individuals.--An individual
who receives notice under paragraph (1)(B) may
testify or offer evidence at the sealing
hearing as to the issues described in clauses
(i) and (ii) of that paragraph.
``(C) Magistrate judges.--A magistrate judge may
preside over a hearing under this paragraph.
``(D) Waiver of hearing.--If the petitioner and the
United States attorney that receives notice under
paragraph (1)(A) so agree, the court shall make a
determination under paragraph (3) without a hearing.
``(3) Basis for decision.--
``(A) In general.--In determining whether to enter
a sealing order with respect to protected information
relating to a covered nonviolent offense, the court--
``(i) shall consider--
``(I) the petition and any
documents in the possession of the
court; and
``(II) all the evidence and
testimony presented at the sealing
hearing, if such a hearing is
conducted;
``(ii) may not consider any non-Federal
nonviolent crimes for which the petitioner has
been arrested or proceeded against, or of which
the petitioner has been convicted; and
``(iii) shall balance--
``(I)(aa) the interest of public
knowledge and safety; and
``(bb) the legitimate interest, if
any, of the Government in maintaining
the accessibility of the protected
information, including any potential
impact of sealing the protected
information on Federal licensure,
permit, or employment restrictions;
against
``(II)(aa) the conduct and
demonstrated desire of the petitioner
to be rehabilitated and positively
contribute to the community; and
``(bb) the interest of the
petitioner in having the protected
information sealed, including the harm
of the protected information to the
ability of the petitioner to secure and
maintain employment.
``(B) Burden on government.--The burden shall be on
the Government to show that the interests under
subclause (I) of subparagraph (A)(iii) outweigh the
interests of the petitioner under subclause (II) of
that subparagraph.
``(4) Waiting period after denial.--If the district court
denies a sealing petition, the petitioner may not file a new
sealing petition with respect to the same offense until the
date that is 2 years after the date of the denial.
``(5) Universal form.--The Director of the Administrative
Office of the United States Courts shall create a universal
form, available over the Internet and in paper form, that an
individual may use to file a sealing petition.
``(6) Fee waiver.--The Director of the Administrative
Office of the United States Courts shall by regulation
establish a minimally burdensome process under which indigent
petitioners may obtain a waiver of any fee for filing a sealing
petition.
``(7) Reporting.--Not later than 2 years after the date of
enactment of this subchapter, and each year thereafter, each
district court of the United States shall issue a public report
that--
``(A) describes--
``(i) the number of sealing petitions
granted and denied under this section; and
``(ii) the number of instances in which the
office of a United States attorney supported or
opposed a sealing petition;
``(B) includes any supporting data that the court
determines relevant and that does not name any
petitioner; and
``(C) disaggregates all relevant data by race,
ethnicity, gender, and the nature of the offense.
``(8) Public defender eligibility.--
``(A) In general.--The district court may, in its
discretion, appoint counsel in accordance with the plan
of the district court in operation under section 3006A
to represent a petitioner for purposes of this section.
``(B) Considerations.--In making a determination
whether to appoint counsel under subparagraph (A), the
court shall consider--
``(i) the anticipated complexity of the
sealing hearing, including the number and type
of witnesses called to advocate against the
sealing of the protected information of the
petitioner; and
``(ii) the potential for adverse testimony
by a victim or a representative of the office
of the United States attorney.
``Sec. 3633. Effect of sealing order
``(a) In General.--Except as provided in this section, if a
district court of the United States enters a sealing order with respect
to a covered nonviolent offense, the offense and any arrest, criminal
proceeding, conviction, or sentence relating to the offense shall be
treated as if it never occurred.
``(b) Verification of Sealing.--If a district court of the United
States enters a sealing order with respect to a covered nonviolent
offense, the court shall--
``(1) send a copy of the sealing order to each entity or
person known to the court that possesses a record containing
protected information that relates to the offense, including
each--
``(A) law enforcement agency; and
``(B) public or private correctional or detention
facility;
``(2) in the sealing order, require each entity or person
described in paragraph (1) to--
``(A) seal the record in accordance with this
section; and
``(B) submit a written certification to the court,
under penalty of perjury, that the entity or person has
sealed each paper and electronic copy of the record;
``(3) seal each paper and electronic copy of the record in
the possession of the court; and
``(4) after receiving a written certification from each
entity or person under paragraph (2)(B), notify the petitioner
that each entity or person described in paragraph (1) has
sealed each paper and electronic copy of the record.
``(c) Protection From Perjury Laws.--Except as provided in
subsection (f)(3)(A), a petitioner with respect to whom a sealing order
has been entered for a covered nonviolent offense 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, including section 1001, 1621, 1622, or 1623, for failing to
recite or acknowledge any protected information with respect to the
offense or respond to any inquiry made of the petitioner, relating to
the protected information, for any purpose.
``(d) Attorney General Nonpublic Records.--The Attorney General--
``(1) shall maintain a nonpublic record of all protected
information that has been sealed under this subchapter; and
``(2) may access or use protected information only--
``(A) for legitimate investigative purposes;
``(B) in defense of any civil suit arising out of
the facts of the arrest or subsequent proceedings; or
``(C) if the Attorney General determines that
disclosure is necessary to serve the interests of
justice, public safety, or national security.
``(e) Law Enforcement Access.--A Federal or State law enforcement
agency may access a record that is sealed under this subchapter
solely--
``(1) to determine whether the individual to whom the
record relates is eligible for a first-time-offender diversion
program;
``(2) for investigatory, prosecutorial, or Federal
supervision purposes; or
``(3) for a background check that relates to law
enforcement employment or any employment that requires a
government security clearance.
``(f) Prohibition on Disclosure.--
``(1) Prohibition.--Except as provided in paragraph (3), it
shall be unlawful to intentionally make or attempt to make an
unauthorized disclosure of any protected information from a
record that has been sealed under this subchapter.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 1 year,
or both.
``(3) Exceptions.--
``(A) Background checks.--An individual who is the
subject of a record sealed under this subchapter shall,
and a Federal or State law enforcement agency that
possesses such a record may, disclose the record in the
case of a background check for--
``(i) law enforcement employment; or
``(ii) any position that a Federal agency
designates as a--
``(I) national security position;
or
``(II) high-risk, public trust
position.
``(B) Disclosure to armed forces.--A person may
disclose protected information from a record sealed
under this subchapter to the Secretaries of the
military departments (or the Secretary of Homeland
Security with respect to the Coast Guard when it is not
operating as a service in the Navy) for the purpose of
vetting an enlistment or commission, or with regard to
any member of the Armed Forces.
``(C) Criminal and juvenile proceedings.--A
prosecutor may disclose protected information from a
record sealed under this subchapter if the information
pertains to a potential witness in a Federal or State--
``(i) criminal proceeding; or
``(ii) juvenile delinquency proceeding.
``(D) Authorization for individual to disclose own
record.--An individual who is the subject of a record
sealed under this subchapter may choose to disclose the
record.''.
(b) Applicability.--The right to file a sealing petition under
section 3632(a) of title 18, United States Code, as added by subsection
(a), shall apply with respect to a covered nonviolent offense (as
defined in section 3631(a) of such title) that is committed or alleged
to have been committed before, on, or after the date of enactment of
this Act.
(c) Transition Period for Hearings Deadline.--During the 1-year
period beginning on the date of enactment of this Act, section
3632(b)(2)(A) of title 18, United States Code, as added by subsection
(a), shall be applied by substituting ``1 year'' for ``180 days''.
(d) Technical and Conforming Amendment.--The table of subchapters
for chapter 229 of title 18, United States Code, is amended by adding
at the end the following:
``D. Sealing of Criminal Records............................ 3631''.
SEC. 3. JUVENILE SEALING AND EXPUNGEMENT.
(a) Purpose.--The purpose of this section is to--
(1) protect children and adults against damage stemming
from their juvenile acts and subsequent juvenile delinquency
records, including law enforcement, arrest, and court records;
and
(2) prevent the unauthorized use or disclosure of
confidential juvenile delinquency records and any potential
employment, financial, psychological, or other harm that would
result from such unauthorized use or disclosure.
(b) Definitions.--Section 5031 of title 18, United States Code, is
amended to read as follows:
``Sec. 5031. Definitions
``In this chapter--
``(1) the term `adjudication' means a determination by a
judge that a person committed an act of juvenile delinquency;
``(2) the term `conviction' means a judgment or disposition
in criminal court against a person following a finding of guilt
by a judge or jury;
``(3) 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;
``(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 5044(c),
including--
``(i) the right to treat an offense to
which an expunged record relates, and any
arrest, juvenile delinquency proceeding,
adjudication, 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 `expungement hearing' means a hearing held
under section 5044(b)(2)(B);
``(6) the term `expungement petition' means a petition for
expungement filed under section 5044(b);
``(7) the term `juvenile' means--
``(A) except as provided in subparagraph (B), a
person who has not attained the age of 18; and
``(B) for the purpose of proceedings and
disposition under this chapter for an alleged act of
juvenile delinquency, a person who has not attained the
age of 21;
``(8) the term `juvenile delinquency' means the violation
of a law of the United States committed by a person before
attaining the age of 18 which would have been a crime if
committed by an adult, or a violation by such a person of
section 922(x);
``(9) the term `juvenile nonviolent offense' means an act
of juvenile delinquency that is not--
``(A) a violent crime (as defined in section 103 of
the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5603)); or
``(B) a sex offense (as that term is defined in
section 111 of the Sex Offender Registration and
Notification Act (42 U.S.C. 16911));
``(10) the term `juvenile record'--
``(A) means a record maintained by a court, the
probation system, a law enforcement agency, or any
other government agency, of the juvenile delinquency
proceedings of a person; and
``(B) includes--
``(i) a juvenile legal file, including a
formal document such as a petition, notice,
motion, legal memorandum, order, or decree;
``(ii) a social record, including--
``(I) a record of a probation
officer;
``(II) a record of any government
agency that keeps records relating to
juvenile delinquency;
``(III) a medical record;
``(IV) a psychiatric or
psychological record;
``(V) a birth certificate;
``(VI) an education record,
including an individualized education
plan;
``(VII) a detention record;
``(VIII) demographic information
that identifies a juvenile or the
family of a juvenile; or
``(IX) any other record that
includes personally identifiable
information that may be associated with
a juvenile delinquency proceeding, an
act of juvenile delinquency, or an
alleged act of juvenile delinquency;
``(iii) a law enforcement record,
including--
``(I) fingerprints;
``(II) a DNA sample; or
``(III) a photograph; and
``(iv) a State criminal justice information
system record;
``(11) the term `petitioner' means a person who files an
expungement petition or a sealing petition;
``(12) 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 5043(c),
including--
``(i) the right to treat an offense to
which a sealed record relates, and any arrest,
juvenile delinquency proceeding, adjudication,
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 a sealed record;
``(13) the term `sealing hearing' means a hearing held
under section 3632(b)(2)(B); and
``(14) the term `sealing petition' means a petition for a
sealing order filed under section 5043(b).''.
(c) Confidentiality.--Section 5038 of title 18, United States Code,
is amended--
(1) in subsection (a), in the flush text following
paragraph (6), by inserting after ``bonding,'' the following:
``participation in an educational system,''; and
(2) in subsection (b), by striking ``District courts
exercising jurisdiction over any juvenile'' and inserting the
following: ``Not later than 7 days after the date on which a
district court exercises jurisdiction over a juvenile, the
district court''.
(d) Sealing; Expungement.--
(1) In general.--Chapter 403 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 5043. Sealing
``(a) Automatic Sealing of Nonviolent Offenses.--
``(1) In general.--Three years after the date on which a
person who is adjudicated delinquent under this chapter for a
juvenile nonviolent offense completes every term of probation,
official detention, or juvenile delinquent supervision ordered
by the court with respect to the offense, the court shall order
the sealing of each juvenile record or portion thereof that
relates to the offense if the person--
``(A) has not been convicted of a crime or
adjudicated delinquent for an act of juvenile
delinquency since the date of the disposition; and
``(B) is not engaged in active criminal court
proceedings or juvenile delinquency proceedings.
``(2) Automatic nature of sealing.--The order of sealing
under paragraph (1) shall require no action by the person whose
juvenile records are to be sealed.
``(3) Notice of automatic sealing.--A court that orders the
sealing of a juvenile record of a person under paragraph (1)
shall, in writing, inform the person of the sealing and the
benefits of sealing the record, including protection from civil
and criminal perjury, false swearing, and false statement laws
with respect to the record.
``(b) Petitioning for Early Sealing of Nonviolent Offenses.--
``(1) Right to file sealing petition.--
``(A) In general.--During the 3-year period
beginning on the date on which a person who is
adjudicated delinquent under this chapter for a
juvenile nonviolent offense completes every term of
probation, official detention, or juvenile delinquent
supervision ordered by the court with respect to the
offense, the person may petition the court to seal the
juvenile records that relate to the offense.
``(B) Notice of opportunity to file petition.--If a
person is adjudged delinquent for a juvenile nonviolent
offense, the court in which the person is adjudged
delinquent shall, in writing, inform the person of the
potential eligibility of the person to file a sealing
petition with respect to the offense upon completing
every term of probation, official detention, or
juvenile delinquent supervision ordered by the court
with respect to the offense, and the necessary
procedures for filing the sealing petition--
``(i) on the date on which the individual
is adjudged delinquent; and
``(ii) on the date on which the individual
has completed every term of probation, official
detention, or juvenile delinquent supervision
ordered by the court with respect to the
offense.
``(2) Procedures.--
``(A) Notification to prosecutor.--If a person
files a sealing petition with respect to a juvenile
nonviolent offense, the court in which the petition is
filed shall provide notice of the petition--
``(i) to the Attorney General; and
``(ii) upon the request of the petitioner,
to any other individual that the petitioner
determines may testify as to--
``(I) the conduct of the petitioner
since the date of the offense; or
``(II) the reasons that the sealing
order should be entered.
``(B) Hearing.--
``(i) In general.--Not later than 180 days
after the date on which a person files a
sealing petition, the court shall--
``(I) except as provided in clause
(iii), conduct a hearing in accordance
with clause (ii); and
``(II) determine whether to enter a
sealing order for the person in
accordance with subparagraph (C).
``(ii) Opportunity to testify and offer
evidence.--
``(I) Petitioner.--The petitioner
may testify or offer evidence at the
sealing hearing in support of sealing.
``(II) Prosecutor.--The Attorney
General may send a representative to
testify or offer evidence at the
sealing hearing in support of or
against sealing.
``(III) Other individuals.--An
individual who receives notice under
subparagraph (A)(ii) may testify or
offer evidence at the sealing hearing
as to the issues described in
subclauses (I) and (II) of that
subparagraph.
``(iii) Waiver of hearing.--If the
petitioner and the Attorney General so agree,
the court shall make a determination under
subparagraph (C) without a hearing.
``(C) Basis for decision.--The court shall
determine whether to grant the sealing petition after
considering--
``(i) the sealing petition and any
documents in the possession of the court;
``(ii) all the evidence and testimony
presented at the sealing hearing, if such a
hearing is conducted;
``(iii) the best interests of the
petitioner;
``(iv) the age of the petitioner during his
or her contact with the court or any law
enforcement agency;
``(v) the nature of the juvenile nonviolent
offense;
``(vi) the disposition of the case;
``(vii) the manner in which the petitioner
participated in any court-ordered
rehabilitative programming or supervised
services;
``(viii) the length of the time period
during which the petitioner has been without
contact with any court or law enforcement
agency;
``(ix) whether the petitioner has had any
criminal or juvenile delinquency involvement
since the disposition of the juvenile
delinquency proceeding; and
``(x) the adverse consequences the
petitioner may suffer if the petition is not
granted.
``(D) Waiting period after denial.--If the court
denies a sealing petition, the petitioner may not file
a new sealing petition with respect to the same
juvenile nonviolent offense until the date that is 2
years after the date of the denial.
``(E) Universal form.--The Director of the
Administrative Office of the United States Courts shall
create a universal form, available over the Internet
and in paper form, that an individual may use to file a
sealing petition.
``(F) No fee for sealing.--There shall be no cost
for filing a sealing petition.
``(G) Reporting.--Not later than 2 years after the
date of enactment of this section, and each year
thereafter, each district court of the United States
shall issue a public report that--
``(i) describes--
``(I) the number of sealing
petitions granted and denied under this
subsection; and
``(II) the number of instances in
which the Attorney General supported or
opposed a sealing petition;
``(ii) includes any supporting data that
the court determines relevant and that does not
name any petitioner; and
``(iii) disaggregates all relevant data by
race, ethnicity, gender, and the nature of the
offense.
``(H) Public defender eligibility.--
``(i) Petitioners under age 18.--The
district court shall appoint counsel in
accordance with the plan of the district court
in operation under section 3006A to represent a
petitioner for purposes of this subsection if
the petitioner is less than 18 years of age.
``(ii) Petitioners age 18 and older.--
``(I) Discretion of court.--In the
case of a petitioner who not less than
18 years of age, the district court
may, in its discretion, appoint counsel
in accordance with the plan of the
district court in operation under
section 3006A to represent the
petitioner for purposes of this
subsection.
``(II) Considerations.--In
determining whether to appoint counsel
under subclause (I), the court shall
consider--
``(aa) the anticipated
complexity of the sealing
hearing, including the number
and type of witnesses called to
advocate against the sealing of
the records of the petitioner;
and
``(bb) the potential for
adverse testimony by a victim
or a representative of the
Attorney General.
``(c) Effect of Sealing Order.--
``(1) In general.--Except as provided in this subsection,
if a court orders the sealing of a juvenile record under
subsection (a) or (b) with respect to a juvenile nonviolent
offense, the offense and any arrest, juvenile delinquency
proceeding, adjudication, or other result of such proceeding
relating to the offense shall be treated as if it never
occurred.
``(2) Verification of sealing.--If a court orders the
sealing of a juvenile record under subsection (a) or (b) with
respect to a juvenile nonviolent offense, the court shall--
``(A) send a copy of the sealing order to each
entity or person known to the court that possesses a
record relating to the offense, including each--
``(i) law enforcement agency; and
``(ii) public or private correctional or
detention facility;
``(B) in the sealing order, require each entity or
person described in subparagraph (A) to--
``(i) seal the record; and
``(ii) submit a written certification to
the court, under penalty of perjury, that the
entity or person has sealed each paper and
electronic copy of the record;
``(C) seal each paper and electronic copy of the
record in the possession of the court; and
``(D) after receiving a written certification from
each entity or person under subparagraph (B)(ii),
notify the petitioner that each entity or person
described in subparagraph (A) has sealed each paper and
electronic copy of the record.
``(3) Protection from perjury laws.--Except as provided in
paragraph (5)(C)(i), the person who is the subject of a
juvenile record sealed under subsection (a) or (b) or a parent
of the 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, including
section 1001, 1621, 1622, or 1623, for failing to acknowledge
the record or respond to any inquiry made of the person or the
parent, relating to the record, for any purpose.
``(4) Law enforcement access to sealed records.--A law
enforcement agency may access a sealed juvenile record of a
person solely--
``(A) to determine whether the person is eligible
for a first-time-offender diversion program;
``(B) for investigatory or prosecutorial purposes
within the juvenile justice system; or
``(C) for a background check that relates to--
``(i) law enforcement employment; or
``(ii) any position that a Federal agency
designates as a--
``(I) national security position;
or
``(II) high-risk, public trust
position.
``(5) Prohibition on disclosure.--
``(A) Prohibition.--Except as provided in
subparagraph (C), it shall be unlawful to intentionally
make or attempt to make an unauthorized disclosure of
any information from a sealed juvenile record in
violation of this section.
``(B) Penalty.--Any person who violates
subparagraph (A) shall be fined under this title,
imprisoned for not more than 1 year, or both.
``(C) Exceptions.--
``(i) Background checks.--A person who is
the subject of a juvenile record sealed under
this section shall, and a Federal or State law
enforcement agency that possesses such a record
may, disclose the record in the case of a
background check for--
``(I) law enforcement employment;
or
``(II) any employment that requires
a government security clearance.
``(ii) Disclosure to armed forces.--A
person may disclose information from a sealed
juvenile record to the Secretaries of the
military departments (or the Secretary of
Homeland Security with respect to the Coast
Guard when it is not operating as a service in
the Navy) for the purpose of vetting an
enlistment or commission, or with regard to any
member of the Armed Forces.
``(iii) Criminal and juvenile
proceedings.--A prosecutor may disclose
information from a juvenile record sealed under
this section if the information pertains to a
potential witness in a Federal or State--
``(I) criminal proceeding; or
``(II) juvenile delinquency
proceeding.
``(iv) Authorization for person to disclose
own record.--A person who is the subject of a
juvenile record sealed under this section may
choose to disclose the record.
``Sec. 5044. Expungement
``(a) Automatic Expungement of Certain Records.--
``(1) Attorney general motion.--
``(A) Nonviolent offenses committed before a person
turned 15.--If a person is adjudicated delinquent under
this chapter for a juvenile nonviolent offense
committed before the person attained 15 years of age,
on the date on which the person attains 18 years of
age, the Attorney General shall file a motion in the
district court of the United States in which the person
was adjudicated delinquent requesting that each
juvenile record of the person that relates to the
offense be expunged.
``(B) Arrests.--If a juvenile is arrested for an
offense for which a juvenile delinquency proceeding is
not instituted under this subchapter, the Attorney
General shall file a motion in the district court of
the United States that would have had jurisdiction of
the proceeding requesting that each juvenile record
relating to the arrest be expunged.
``(C) Expungement order.--Upon the filing of a
motion in a district court of the United States with
respect to a juvenile nonviolent offense under
subparagraph (A) or an arrest for an offense under
subparagraph (B), the court shall grant the motion and
order that each juvenile record relating to the offense
or arrest, as applicable, be expunged.
``(2) Dismissed cases.--If a district court of the United
States dismisses an information with respect to a juvenile
under this subchapter or finds a juvenile not to be delinquent
in a juvenile delinquency proceeding under this subchapter, the
court shall concurrently order that each juvenile record
relating to the applicable proceeding be expunged.
``(3) Automatic nature of expungement.--An order of
expungement under paragraph (1)(C) or (2) shall not require any
action by the person whose records are to be expunged.
``(4) Notice of automatic expungement.--A court that orders
the expungement of a juvenile record of a person under
paragraph (1)(C) or (2) shall, in writing, inform the person of
the expungement and the benefits of expunging the record,
including protection from civil and criminal perjury, false
swearing, and false statement laws with respect to the record.
``(b) Petitioning for Expungement of Nonviolent Offenses.--
``(1) In general.--A person who is adjudged delinquent
under this chapter for a juvenile nonviolent offense committed
on or after the date on which the person attained 15 years of
age may petition the court in which the proceeding took place
to order the expungement of the juvenile record that relates to
the offense.
``(2) Procedures.--
``(A) Notification of prosecutor and victims.--If a
person files an expungement petition with respect to a
juvenile nonviolent offense, the court in which the
petition is filed shall provide notice of the
petition--
``(i) to the Attorney General; and
``(ii) upon the request of the petitioner,
to any other individual that the petitioner
determines may testify as to--
``(I) the conduct of the petitioner
since the date of the offense; or
``(II) the reasons that the
expungement order should be entered.
``(B) Hearing.--
``(i) In general.--Not later than 180 days
after the date on which a person files an
expungement petition, the court shall--
``(I) except as provided in clause
(iii), conduct a hearing in accordance
with clause (ii); and
``(II) determine whether to enter
an expungement order for the person in
accordance with subparagraph (C).
``(ii) Opportunity to testify and offer
evidence.--
``(I) Petitioner.--The petitioner
may testify or offer evidence at the
expungement hearing in support of
expungement.
``(II) Prosecutor.--The Attorney
General may send a representative to
testify or offer evidence at the
expungement hearing in support of or
against expungement.
``(III) Other individuals.--An
individual who receives notice under
subparagraph (A)(ii) may testify or
offer evidence at the expungement
hearing as to the issues described in
subclauses (I) and (II) of that
subparagraph.
``(C) Basis for decision.--The court shall
determine whether to grant an expungement petition
after considering--
``(i) the petition and any documents in the
possession of the court;
``(ii) all the evidence and testimony
presented at the expungement hearing, if such a
hearing is conducted;
``(iii) the best interests of the
petitioner;
``(iv) the age of the petitioner during his
or her contact with the court or any law
enforcement agency;
``(v) the nature of the juvenile nonviolent
offense;
``(vi) the disposition of the case;
``(vii) the manner in which the petitioner
participated in any court-ordered
rehabilitative programming or supervised
services;
``(viii) the length of the time period
during which the petitioner has been without
contact with any court or any law enforcement
agency;
``(ix) whether the petitioner has had any
criminal or juvenile delinquency involvement
since the disposition of the juvenile
delinquency proceeding; and
``(x) the adverse consequences the
petitioner may suffer if the petition is not
granted.
``(D) Waiting period after denial.--If the court
denies an expungement petition, the petitioner may not
file a new expungement petition with respect to the
same offense until the date that is 2 years after the
date of the denial.
``(E) Universal form.--The Director of the
Administrative Office of the United States Courts shall
create a universal form, available over the Internet
and in paper form, that an individual may use to file
an expungement petition.
``(F) No fee for expungement.--There shall be no
cost for filing an expungement petition.
``(G) Reporting.--Not later than 2 years after the
date of enactment of this section, and each year
thereafter, each district court of the United States
shall issue a public report that--
``(i) describes--
``(I) the number of expungement
petitions granted and denied under this
subsection; and
``(II) the number of instances in
which the Attorney General supported or
opposed an expungement petition;
``(ii) includes any supporting data that
the court determines relevant and that does not
name any petitioner; and
``(iii) disaggregates all relevant data by
race, ethnicity, gender, and the nature of the
offense.
``(H) Public defender eligibility.--
``(i) Petitioners under age 18.--The
district court shall appoint counsel in
accordance with the plan of the district court
in operation under section 3006A to represent a
petitioner for purposes of this subsection if
the petitioner is less than 18 years of age.
``(ii) Petitioners age 18 and older.--
``(I) Discretion of court.--In the
case of a petitioner who not less than
18 years of age, the district court
may, in its discretion, appoint counsel
in accordance with the plan of the
district court in operation under
section 3006A to represent the
petitioner for purposes of this
subsection.
``(II) Considerations.--In
determining whether to appoint counsel
under subclause (I), the court shall
consider--
``(aa) the anticipated
complexity of the expungement
hearing, including the number
and type of witnesses called to
advocate against the
expungement of the records of
the petitioner; and
``(bb) the potential for
adverse testimony by a victim
or a representative of the
Attorney General.
``(c) Effect of Expunged Juvenile Record.--
``(1) In general.--Except as provided in this subsection,
if a court orders the expungement of a juvenile record under
subsection (a) or (b) with respect to a juvenile nonviolent
offense--
``(A) the offense and any arrest, juvenile
delinquency proceeding, adjudication, or other result
of such proceeding relating to the offense shall be
treated as if it never occurred; and
``(B) the person to whom the record pertains shall
not be required to disclose the existence of the
record.
``(2) Verification of expungement.--If a court orders the
expungement of a juvenile record under subsection (a) or (b)
with respect to a juvenile nonviolent offense, the court
shall--
``(A) send a copy of the expungement order to each
entity or person known to the court that possesses a
record relating to the offense, including each--
``(i) law enforcement agency; and
``(ii) public or private correctional or
detention facility;
``(B) in the expungement order, require each entity
or person described in subparagraph (A) to--
``(i) destroy the record; and
``(ii) submit a written certification to
the court, under penalty of perjury, that the
entity or person has destroyed each paper and
electronic copy of the record;
``(C) destroy each paper and electronic copy of the
record in the possession of the court; and
``(D) after receiving a written certification from
each entity or person under subparagraph (B)(ii),
notify the petitioner that each entity or person
described in subparagraph (A) has destroyed each paper
and electronic copy of the record.
``(3) Reply to inquiries.--In the case of an inquiry
relating to a juvenile record of a person that is expunged
under this section, the court in which the proceeding took
place, each law enforcement officer, any agency that provided
treatment or rehabilitation services to the person, and the
person (except as provided in paragraph (6)) shall reply to the
inquiry that no such juvenile record exists.
``(4) Protection from perjury laws.--Except as provided in
paragraph (5), if a juvenile record of a person is expunged
under this section, the person who is the subject of the record
or a parent of the 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, including section 1001, 1621, 1622, or 1623, for
failing to acknowledge the record or respond to any inquiry
made of the person or the parent, relating to the record, for
any purpose.
``(5) Civil actions.--
``(A) In general.--If a person whose juvenile
record is expunged 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.
``(B) Showing by plaintiff.--In an action described
in subparagraph (A), the plaintiff may rebut the
presumption of a complete defense by showing that the
contents of the expunged record would not prevent the
defendant from being liable.
``(C) Duty to testify as to existence of record.--
The court in which an action described in subparagraph
(A) is filed may require the plaintiff to state under
oath whether the plaintiff had a juvenile record and
whether the record was expunged.
``(D) Proof of existence of juvenile record.--If
the plaintiff in an action described in subparagraph
(A) denies the existence of a juvenile record, the
defendant may prove the existence of the record in any
manner compatible with the applicable laws of evidence.
``(6) Criminal and juvenile proceedings.--A prosecutor may
disclose information from a juvenile record expunged under this
section if the information pertains to a potential witness in a
Federal or State--
``(A) criminal proceeding; or
``(B) juvenile delinquency proceeding.
``(7) Authorization for person to disclose own record.--A
person who is the subject of a juvenile record expunged under
this section may choose to disclose the record.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 403 of title 18, United States Code, is
amended by adding at the end the following:
``5043. Sealing.
``5044. Expungement.''.
(3) Applicability.--Sections 5043 and 5044 of title 18,
United States Code, as added by paragraph (1), shall apply with
respect to a juvenile nonviolent offense (as defined in section
5031 of such title, as amended by subsection (b)) that is
committed or alleged to have been committed before, on, or
after the date of enactment of this Act.
(e) Juvenile Solitary Confinement.--
(1) In general.--Chapter 403 of title 18, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 5045. Juvenile solitary confinement
``(a) Definitions.--In this section--
``(1) the term `covered juvenile' means--
``(A) a juvenile who--
``(i) is being proceeded against under this
chapter for an alleged act of juvenile
delinquency; or
``(ii) has been adjudicated delinquent
under this chapter; or
``(B) a juvenile who is being proceeded against as
an adult in a district court of the United States for
an alleged criminal offense;
``(2) the term `juvenile facility' means any facility where
covered juveniles are--
``(A) committed pursuant to an adjudication of
delinquency under this chapter; or
``(B) detained prior to disposition or conviction;
and
``(3) the term `room confinement' means the involuntary
placement of a covered juvenile alone in a cell, room, or other
area for any reason.
``(b) Prohibition on Room Confinement in Juvenile Facilities.--
``(1) In general.--The use of room confinement at a
juvenile facility for discipline, punishment, retaliation, or
any reason other than as a temporary response to a covered
juvenile's behavior that poses a serious and immediate risk of
physical harm to any individual, including the covered
juvenile, is prohibited.
``(2) Juveniles posing risk of harm.--
``(A) Requirement to use least restrictive
techniques.--
``(i) In general.--Before a staff member of
a juvenile facility places a covered juvenile
in room confinement, the staff member shall
attempt to use less restrictive techniques,
including--
``(I) talking with the covered
juvenile in an attempt to de-escalate
the situation; and
``(II) permitting a qualified
mental health professional, or a staff
member who has received training in de-
escalation techniques and trauma-
informed care, to talk to the covered
juvenile.
``(ii) Explanation.--If, after attempting
to use less restrictive techniques as required
under clause (i), a staff member of a juvenile
facility decides to place a covered juvenile in
room confinement, the staff member shall
first--
``(I) explain to the covered
juvenile the reasons for the room
confinement; and
``(II) inform the covered juvenile
that release from room confinement will
occur--
``(aa) immediately when the
covered juvenile regains self-
control, as described in
subparagraph (B)(i); or
``(bb) not later than after
the expiration of the time
period described in subclause
(I) or (II) of subparagraph
(B)(ii), as applicable.
``(B) Maximum period of confinement.--If a covered
juvenile is placed in room confinement because the
covered juvenile poses a serious and immediate risk of
physical harm to himself or herself, or to others, the
covered juvenile shall be released--
``(i) immediately when the covered juvenile
has sufficiently gained control so as to no
longer engage in behavior that threatens
serious and immediate risk of physical harm to
himself or herself, or to others; or
``(ii) if a covered juvenile does not
sufficiently gain control as described in
clause (i), not later than--
``(I) 3 hours after being placed in
room confinement, in the case of a
covered juvenile who poses a serious
and immediate risk of physical harm to
others; or
``(II) 30 minutes after being
placed in room confinement, in the case
of a covered juvenile who poses a
serious and immediate risk of physical
harm only to himself or herself.
``(C) Risk of harm after maximum period of
confinement.--If, after the applicable maximum period
of confinement under subclause (I) or (II) of
subparagraph (B)(ii) has expired, a covered juvenile
continues to pose a serious and immediate risk of
physical harm described in that subclause--
``(i) the covered juvenile shall be
transferred immediately to another juvenile
facility or internal location where services
can be provided to the covered juvenile without
relying on room confinement; or
``(ii) if a qualified mental health
professional believes the level of crisis
service needed is not currently available, a
staff member of the juvenile facility shall
immediately transport the juvenile to--
``(I) an emergency medical
facility; or
``(II) an equivalent location that
can meet the needs of the covered
juvenile.
``(D) Action before expiration of time limit.--
Nothing in subparagraph (C) shall be construed to
prohibit an action described in clause (i) or (ii) of
that subparagraph from being taken before the
applicable maximum period of confinement under
subclause (I) or (II) of subparagraph (B)(ii) has
expired.
``(E) Conditions.--A room used for room confinement
for a juvenile shall--
``(i) have not less than 80 square feet of
floor space;
``(ii) have adequate lighting, heating or
cooling (as applicable), and ventilation for
the comfort of the juvenile;
``(iii) be suicide-resistant and
protrusion-free; and
``(iv) have access to clean potable water,
toilet facilities, and hygiene supplies.
``(F) Notice.--
``(i) Use of room confinement.--Not later
than 1 business day after the date on which a
juvenile facility places a covered juvenile in
room confinement, the juvenile facility shall
provide notice to the attorney of record for
the juvenile.
``(ii) Transfer.--Not later than 24 hours
after a covered juvenile is transferred from a
juvenile facility to another location, the
juvenile facility shall provide notice to--
``(I) the attorney of record for
the juvenile; and
``(II) an authorized parent or
guardian of the juvenile.
``(G) Spirit and purpose.--The use of consecutive
periods of room confinement to evade the spirit and
purpose of this subsection shall be prohibited.
``(c) Study and Report.--Not later than 2 years after the date of
enactment of this section, and each year thereafter, the Attorney
General shall submit to Congress a report that--
``(1) contains a detailed description of the type of
physical force, restraints, and room confinement used at
juvenile facilities;
``(2) describes the number of instances in which physical
force, restraints, or room confinement are used at juvenile
facilities, disaggregated by race, ethnicity, and gender; and
``(3) contains a detailed description of steps taken, in
each instance in which room confinement is used at a juvenile
facility, to address and remedy the underlying issue that led
to behavioral intervention resulting in the use of room
confinement, including any positive or negative outcomes.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 403 of title 18, United States Code, as
amended by this Act, is further amended by adding at the end
the following:
``5045. Juvenile solitary confinement.''.
SEC. 4. STUDY AND REPORT ON COST SAVINGS FROM SEALING AND EXPUNGEMENT
PROVISIONS.
(a) Study.--
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Attorney General, in consultation
with the Secretary of Labor and the Director of the Office of
Management and Budget, shall conduct a study on the cost
savings and broader economic impact of the sealing and
expungement provisions in the amendments made by sections 2, 3,
and 6 of this Act.
(2) Considerations.--In conducting the study under
paragraph (1), the Attorney General shall consider--
(A) the reduction in recidivism and associated cost
savings related to corrections and public safety;
(B) increased economic activity by former
offenders, including by conducting an analysis of the
tax revenue generated by that activity; and
(C) the economic impact on the household of former
offenders and the children of former offenders.
(b) Report.--Not later than 5 years after the date of enactment of
this Act, the Attorney General shall submit to Congress a report on the
study conducted under subsection (a).
SEC. 5. TANF ASSISTANCE AND SNAP BENEFITS.
(a) Amendment to Ban on Assistance.--Section 115 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (21
U.S.C. 862a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting
the margins accordingly;
(B) in the matter preceding subparagraph (A), as
redesignated--
(i) by striking ``An individual'' and
inserting the following:
``(1) Denial of assistance and benefits.--Except as
provided in paragraph (2), an individual''; and
(ii) by striking ``possession, use, or'';
and
(C) by adding at the end the following:
``(2) Exception for individuals who receive treatment and
other individuals.--The prohibition under paragraph (1) shall
not apply to an individual convicted of an offense described in
paragraph (1) who--
``(A)(i) has successfully completed a certified
substance abuse treatment program; and
``(ii) has not committed a subsequent offense
described in paragraph (1);
``(B) is participating in a certified substance
abuse treatment program;
``(C)(i) is eligible for and has sought to
participate in a certified substance abuse treatment
program; and
``(ii) agrees to immediately enroll and participate
in a certified substance abuse treatment program once a
slot becomes available for the individual;
``(D) is a custodial parent;
``(E)(i) is suffering from a serious illness, other
than a substance abuse disorder; and
``(ii) provides documentation of the illness
described in clause (i) with a letter of diagnosis from
a medical provider;
``(F) is pregnant; or
``(G) is in compliance with the terms of the
sentence imposed on the individual for the
conviction.'';
(2) in subsection (d), by striking ``the date of the
enactment of this Act'' each place that term appears and
inserting ``the date of enactment of the Record Expungement
Designed to Enhance Employment Act of 2017'';
(3) by striking subsection (e) and inserting the following:
``(e) Definitions.--For purposes of this section--
``(1) the term `certified substance abuse treatment
program' means a course of substance abuse disorder treatment
prescribed by a qualified behavioral health provider;
``(2) the term `custodial parent' means an individual who
has custody of, and lives in the same household as--
``(A) a dependent child who is less than 18 years
of age; or
``(B) a disabled child of the individual who is not
less than 18 years of age;
``(3) the term `State' has the meaning given the term--
``(A) in section 419(5) of the Social Security Act,
when referring to assistance provided under a State
program funded under part A of title IV of the Social
Security Act; and
``(B) in section 3 of the Food and Nutrition Act of
2008 (7 U.S.C. 2012), when referring to the
supplemental nutrition assistance program (as defined
in that section) or any State program carried out under
that Act; and
``(4) the term `successfully completed', with respect to an
individual who participates in a certified substance abuse
treatment program, means the individual has completed the
prescribed course of treatment for a substance abuse
disorder.''; and
(4) in subsection (f), by striking paragraph (5) and
inserting the following:
``(5) Employment services, including job training programs
and any other employment services that are funded using
assistance or benefits referred to in subsection (a).''.
(b) Effect on State Elections To Opt Out or Limit Period of
Prohibition.--
(1) Definitions.--In this subsection--
(A) the term ``State'' has the meaning given the
term in section 115(e) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (21
U.S.C. 862a(e)); and
(B) the term ``TANF assistance or SNAP benefits''
means assistance or benefits referred to in section
115(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996.
(2) Effect.--A law enacted by a State under the authority
under subparagraph (A) or (B) of subsection (d)(1) of section
115 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (21 U.S.C. 862a) (as in effect on
the day before the date of enactment of this Act), and any
State law or regulation enacted to carry out the requirements
of such section (as in effect on the day before the date of
enactment of this Act), that imposes conditions on eligibility
for TANF assistance or SNAP benefits that are more restrictive
than the conditions on eligibility for TANF assistance or SNAP
benefits under such section as amended by subsection (a) shall
have no force or effect.
SEC. 6. STATE INCENTIVES.
(a) COPS Grants Priority.--Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is
amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking ``or'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(4) subject to subsection (l)(1), from an applicant in a
State that has in effect--
``(A) a law relating to the confidentiality,
sealing, and expungement of juvenile records that is
substantially similar to, or more generous to the
former offender than, the amendments made by
subsections (b) through (d) of section 3 of the Record
Expungement Designed to Enhance Employment Act of 2017;
``(B) a law prohibiting juvenile solitary
confinement that is substantially similar to, or more
restrictive than, the amendment made by subsection (e)
of section 3 of the Record Expungement Designed to
Enhance Employment Act of 2017;
``(C) a law relating to the sealing of adult
records that is substantially similar to, or more
generous to the former offender than, the amendments
made by section 2 of the Record Expungement Designed to
Enhance Employment Act of 2017;
``(D) subject to subsection (l)(2), a law that
establishes that an adult criminal court may not have
original jurisdiction over an individual who was less
than 18 years of age when the individual committed an
offense;
``(E) a law that allows an individual who has
successfully sealed or expunged a criminal record to be
free from civil and criminal perjury laws;
``(F) a law relating to the eligibility of
individuals for assistance or benefits referred to in
subsection (a) of section 115 of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (21 U.S.C. 862a(a)) that is no more restrictive
than such section, as amended by section 5 of the
Record Expungement Designed to Enhance Employment Act
of 2017; or
``(G) a law or policy that ensures to the maximum
extent practicable, for juveniles who have been
arrested for or convicted of a criminal offense--
``(i) equal sentencing guidelines, without
regard to gender; and
``(ii) equal access, without regard to
gender, to services, assistance, or benefits
provided.''; and
(2) by adding at the end the following:
``(l) Rules for Preferential Consideration of States With Laws
Similar to REDEEM Act.--
``(1) Degree of priority commensurate with degree of
compliance.--If the Attorney General, in awarding grants under
this part, gives preferential consideration to any application
as authorized under subsection (c)(4), the Attorney General
shall base the degree of preferential consideration given to an
application from an applicant in a particular State on the
number of subparagraphs under that subsection that the State
has satisfied, relative to the number of such subparagraphs
that each other State has satisfied.
``(2) Juvenile transfer provisions.--Subsection (c)(4)(D)
shall not be construed to preclude from preferential
consideration an application from an applicant in a State
that--
``(A) has in effect a law that authorizes the
transfer of an individual who is less than 18 years of
age to adult criminal court if the individual commits a
specified offense or an offense that falls under a
specified category of offenses; or
``(B) exercises other case-specific transfer
mechanisms.''.
(b) Attorney General Guidelines and Technical Assistance.--The
Attorney General shall issue guidelines and provide technical
assistance to assist States in complying with the incentive under
section 1701(c)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd(c)(4)), as added by subsection
(a).
SEC. 7. GENDER EQUALITY IN FEDERAL JUVENILE DELINQUENCY PROCEEDINGS.
(a) Dispositions.--Section 5037 of title 18, United States Code, is
amended by adding at the end the following:
``(f) Gender Equality.--
``(1) Policy of the united states.--It is the policy of the
United States that there should be no disparities based on
gender in dispositions of juvenile cases.
``(2) Directive to sentencing commission and courts.--The
United States Sentencing Commission, in promulgating sentencing
guidelines and policy statements applicable to dispositions of
district courts exercising jurisdiction over juveniles, and the
courts, in determining such dispositions, shall take care to
avoid and remedy any disparities described in paragraph (1).''.
(b) Commitments.--Section 5039 of title 18, United States Code, is
amended, in the second paragraph, by adding at the end the following:
``The Attorney General shall promulgate regulations that ensure, to the
maximum extent practicable, equal access, without regard to gender, to
services, assistance, or benefits provided, to juveniles who have been
arrested under Federal authority, or committed pursuant to an
adjudication under this chapter, for juvenile delinquency.''.
SEC. 8. ENSURING ACCURACY IN THE FBI BACKGROUND CHECK SYSTEM.
(a) In General.--Section 534 of title 28, United States Code, is
amended by adding at the end the following:
``(g) Ensuring Accuracy in the FBI Background Check System.--
``(1) Definitions.--In this subsection--
``(A) the term `applicant' means the individual to
whom a record sought to be exchanged pertains;
``(B) the term `incomplete', with respect to a
record, means the record--
``(i) indicates that an individual was
arrested but does not describe the offense for
which the individual was arrested; or
``(ii) indicates that an individual was
arrested or criminal proceedings were
instituted against an individual but does not
include the final disposition of the arrest or
of the proceedings if a final disposition has
been reached;
``(C) the term `record' means a record or other
information collected under this section;
``(D) the term `reporting jurisdiction' means any
person or entity that provides a record to the Attorney
General under this section; and
``(E) the term `requesting entity'--
``(i) means a person or entity that seeks
the exchange of a record for civil purposes
that include employment, housing, credit, or
any other type of application; and
``(ii) does not include a law enforcement
or intelligence agency that seeks the exchange
of a record for--
``(I) investigative purposes; or
``(II) purposes relating to law
enforcement employment.
``(2) Incomplete or inaccurate records.--The Attorney
General shall establish and enforce procedures to ensure the
prompt release of accurate records exchanged for employment-
related purposes through the records system created under this
section.
``(3) Required procedures.--The procedures established
under paragraph (2) shall include the following:
``(A) Inaccurate record or information.--If the
Attorney General determines that a record is
inaccurate, the Attorney General shall promptly correct
the record, including by making deletions to the record
if appropriate.
``(B) Incomplete record.--
``(i) In general.--If the Attorney General
determines that a record is incomplete or
cannot be verified, the Attorney General--
``(I) shall attempt to complete or
verify the record; and
``(II) if unable to complete or
verify the record, may promptly make
any changes or deletions to the record.
``(ii) Lack of disposition of arrest.--For
purposes of this subparagraph, an incomplete
record includes a record that indicates there
was an arrest and does not include the
disposition of the arrest.
``(iii) Obtaining disposition of arrest.--
If the Attorney General determines that a
record is an incomplete record described in
clause (ii), the Attorney General shall, not
later than 10 days after the date on which the
requesting entity requests the exchange and
before the exchange is made, obtain the
disposition (if any) of the arrest.
``(C) Notification of reporting jurisdiction.--The
Attorney General shall notify each appropriate
reporting jurisdiction of any action taken under
subparagraph (A) or (B).
``(D) Opportunity to review records by applicant.--
In connection with an exchange of a record under this
section, the Attorney General shall--
``(i) obtain the consent of the applicant
to exchange the record with the requesting
entity;
``(ii) at the time of consent, notify the
applicant that the applicant can obtain a copy
of the record;
``(iii) provide to the applicant an
opportunity to--
``(I) obtain a copy of the record
upon request; and
``(II) challenge the accuracy and
completeness of the record;
``(iv) promptly notify the requesting
entity of any such challenge;
``(v) not later than 30 days after the date
on which the challenge is made, complete an
investigation of the challenge;
``(vi) provide to the applicant the
specific findings and results of that
investigation;
``(vii) promptly make any changes or
deletions to the records required as a result
of the challenge; and
``(viii) report those changes to the
requesting entity.
``(E) Certain exchanges prohibited.--An exchange
shall not include any record--
``(i) about an arrest more than 2 years old
as of the date of the request for the exchange,
that does not also include a disposition (if
any) of that arrest;
``(ii) relating to an adult or juvenile
non-serious offense of the sort described in
section 20.32(b) of title 28, Code of Federal
Regulations, as in effect on July 1, 2009; or
``(iii) to the extent the record is not
clearly an arrest or a disposition of an
arrest.
``(4) Fees.--The Attorney General may collect a reasonable
fee for an exchange of records for employment-related purposes
through the records system created under this section to defray
the costs associated with exchanges for those purposes,
including any costs associated with the investigation of
inaccurate or incomplete records.''.
(b) Regulations on Reasonable Procedures.--Not later than 1 year
after the date of enactment of this Act, the Attorney General shall
issue regulations to carry out section 534(g) of title 28, United
States Code, as added by subsection (a).
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Attorney General shall submit to Congress a report on the
implementation of subsection (g) of section 534 of title 28, United
States Code, as added by subsection (a), that includes--
(1) the number of exchanges of records for employment-
related purposes made with entities in each State through the
records system created under such section 534;
(2) any prolonged failure of a reporting jurisdiction to
comply with a request by the Attorney General for information
about dispositions of arrests; and
(3) the numbers of successful and unsuccessful challenges
to the accuracy and completeness of records, organized by State
of origination of each record.
SEC. 9. REPORT ON STATUTORY AND REGULATORY RESTRICTIONS AND
DISQUALIFICATIONS BASED ON CRIMINAL RECORDS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Attorney General, in consultation with the Secretary
of Labor and the Director of the Office of Personnel Management, shall
submit to Congress a report on each Federal statute, regulation, or
policy that authorizes a restriction on, or disqualification of, an
applicant for employment or for a Federal license or permit based on
the criminal record of the applicant.
(b) Identification of Information.--In the report submitted under
subsection (a), the Attorney General shall--
(1) identify each occupation, position, license, or permit
to which a restriction or disqualification described in
subsection (a) applies; and
(2) for each occupation, position, license, or permit
identified under paragraph (1), include--
(A) a description of the restriction or
disqualification;
(B) the duration of the restriction or
disqualification;
(C) an evaluation of the rationale for the
restriction or disqualification and its continuing
usefulness;
(D) the procedures, if any, to appeal, waive or
exempt the restriction or disqualification based on a
showing of rehabilitation or other relevant evidence;
(E) any information available about the numbers of
individuals restricted or disqualified on the basis of
a criminal record; and
(F) the identity of the Federal agency with
jurisdiction over the restriction or disqualification.
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