[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2931 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2931

     To establish a process for obtaining a Federal certificate of 
                rehabilitation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2019

   Mr. Cornyn (for himself, Mr. Whitehouse, Mr. Lee, Mr. Leahy, Mr. 
  Grassley, Mr. Durbin, Mr. Tillis, Mr. Blumenthal, Mr. Portman, Mr. 
 Coons, Ms. Ernst, and Mr. Crapo) introduced the following bill; which 
     was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To establish a process for obtaining a Federal certificate of 
                rehabilitation, 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.

    This Act may be cited as the ``Recognizing Education, Employment, 
New skills, and Treatment to Enable Reintegration Act of 2019'' or the 
``RE-ENTER Act''.

SEC. 2. FEDERAL CERTIFICATE OF REHABILITATION.

    (a) In General.--Subchapter A of chapter 229 of title 18, United 
States Code, is amended by adding at the end the following:
``Sec. 3609. Federal certificate of rehabilitation
    ``(a) Definitions.--In this section:
            ``(1) Eligible offender.--The term `eligible offender' 
        means an individual who has been convicted of a Federal 
        offense.
            ``(2) Federal certificate of rehabilitation.--The term 
        `Federal certificate of rehabilitation' means a certificate 
        acknowledging that the eligible offender has demonstrated that 
        the eligible offender is committed to a law-abiding future and 
        has successfully reintegrated into society.
    ``(b) Issuance of Federal Certificates of Rehabilitation.--
            ``(1) Notice.--
                    ``(A) In general.--At sentencing, the court shall 
                advise an eligible offender that the offender may 
                petition a district court of the United States to issue 
                a Federal certificate of rehabilitation for a 
                conviction that was entered by such court.
                    ``(B) Notice prior to release.--If an eligible 
                offender is sentenced to a term of imprisonment, the 
                Bureau of Prisons and United States Probation and 
                Pretrial Services shall, not later than 30 days before 
                the date on which the eligible offender is to be 
                released from Federal custody, provide notice to the 
                eligible offender that the offender may petition a 
                district court of the United States to issue a Federal 
                certificate of rehabilitation.
            ``(2) Request for certificate of rehabilitation.--An 
        eligible offender may petition a district court of the United 
        States to issue a Federal certificate of rehabilitation for a 
        conviction that was entered by such court--
                    ``(A) at sentencing, if the eligible offender is 
                not sentenced to a term of imprisonment or a term of 
                supervised release;
                    ``(B) upon release from Federal custody, if the 
                eligible offender is sentenced to a term of 
                imprisonment and not sentenced to a term of supervised 
                release; and
                    ``(C) after completion of a 1-year period of 
                supervised release, if the eligible offender is 
                sentenced to a term of imprisonment and a term of 
                supervised release, or upon early discharge from 
                supervised release before completing the 1-year period.
            ``(3) Order for issuance of certificate.--
                    ``(A) In general.--Upon a petition filed with a 
                district court of the United States under paragraph 
                (2), the court may issue a Federal certificate of 
                rehabilitation if the court finds, by clear and 
                convincing evidence, that an eligible offender has--
                            ``(i) demonstrated a commitment to a law-
                        abiding future; and
                            ``(ii) successfully reintegrated into 
                        society.
                    ``(B) Factors for making determination.--In 
                determining whether to issue a Federal certificate of 
                rehabilitation under subparagraph (A), the court may 
                consider, in addition to other factors the court 
                determines relevant--
                            ``(i) the initial crime of conviction of 
                        the eligible offender;
                            ``(ii) the nature and duration of any 
                        participation in or completion of any job-
                        training or re-entry program by the eligible 
                        offender;
                            ``(iii) the nature and duration of any 
                        participation in or completion of any education 
                        program by the eligible offender;
                            ``(iv) the nature and duration of any 
                        participation in or completion of a substance 
                        abuse or mental health program by the eligible 
                        offender;
                            ``(v) attempts by the eligible offender to 
                        secure employment following the completion of 
                        the sentence of the eligible offender;
                            ``(vi) attempts by the eligible offender to 
                        make restitution for the offense;
                            ``(vii) the current economic and social 
                        circumstances of the eligible offender;
                            ``(viii) the conduct of the eligible 
                        offender while serving, in connection with the 
                        instant offense, any term of probation, 
                        imprisonment, and supervised release and 
                        following any term of supervised release; and
                            ``(ix) the amount of time that has passed 
                        since the conviction of the eligible offender.
                    ``(C) Delayed issuance.--The court may defer the 
                issuance of a Federal certificate of rehabilitation 
                under subparagraph (A), for a period of time to be 
                determined by the court, to allow the offender to 
                demonstrate successful compliance with the terms of a 
                prior-imposed sentence.
            ``(4) Assistance of counsel.--A Federal Public or Community 
        Defender or other counsel qualified to be appointed under 
        section 3006A for the jurisdiction in which an eligible 
        offender was initially convicted or served a term of supervised 
        release may be appointed by the court to assist an eligible 
        offender--
                    ``(A) in preparing a petition for a Federal 
                certificate of rehabilitation to be filed under 
                paragraph (2); and
                    ``(B) with any further proceedings relating to the 
                issuance of a Federal certificate of rehabilitation 
                under this section.
            ``(5) Evidence presented by chief probation officer.--
                    ``(A) In general.--In determining whether to issue 
                a Federal certificate of rehabilitation under paragraph 
                (1), the court shall provide the Chief Probation 
                Officer for the judicial district in which the eligible 
                offender was convicted or served a term of supervised 
                release an opportunity to present evidence in support 
                or opposition to the issuance of a Federal certificate 
                of rehabilitation under this section.
                    ``(B) Presumption.--If the court receives a written 
                recommendation from a Chief Probation Officer under 
                subparagraph (A) in favor of issuing a Federal 
                certificate of rehabilitation for an eligible offender, 
                there shall be a rebuttable presumption that the 
                Federal certificate of rehabilitation should be issued.
            ``(6) Evidence presented by united states attorney.--
                    ``(A) In general.--In determining whether to issue 
                a Federal certificate of rehabilitation under paragraph 
                (1), the court shall provide the appropriate office of 
                the United States Attorney an opportunity to present 
                evidence in support or opposition to the issuance of 
                the Federal certificate of rehabilitation, including 
                any information from any victim and any State or local 
                prosecutor and law enforcement agency associated with 
                the underlying conviction.
                    ``(B) Requirement.--In presenting evidence under 
                subparagraph (A), the office of the United States 
                Attorney shall act in compliance with section 3771.
    ``(c) Sense of Congress as to the Effect of Federal Certificates of 
Rehabilitation.--It is the sense of Congress that--
            ``(1) a Federal certificate of rehabilitation shall act as 
        an expungement of any prior conviction of an eligible offender 
        for the purposes of any employment, licensing, education, 
        housing, or other determination;
            ``(2) in a judicial or administrative proceeding alleging 
        lack of due care in hiring, retaining, licensing, leasing to, 
        admitting to a school or program, or otherwise transacting 
        business or engaging in activity with the individual to whom a 
        Federal certificate of rehabilitation was issued, a person 
        should be presumed to have exercised due care if the person 
        against whom the judicial or administrative proceeding is 
        brought relied on the Federal certificate of rehabilitation at 
        the time of the alleged negligence;
            ``(3) the President should consider the issuance of a 
        Federal certificate of rehabilitation in determining whether an 
        eligible offender should receive a pardon or other form of 
        clemency; and
            ``(4) that each Federal agency should consider the issuance 
        of a Federal certificate of rehabilitation in the course of 
        evaluating applications for employment at the agency.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter A of chapter 229 of title 18, United States Code, is amended 
by inserting after the item relation to section 3608 the following:

``3609. Federal certificate of rehabilitation.''.
    (c) Relief From Disabilities.--
            (1)  Federally assisted housing.--Subtitle F of the Quality 
        Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661 et 
        seq.) is amended--
                    (A) in section 576(c) (42 U.S.C. 13661(c)) is 
                amended--
                            (i) by redesignating paragraphs (1) and (2) 
                        as subparagraphs (A) and (B), and adjusting the 
                        margins accordingly;
                            (ii) by striking ``Except as'' and 
                        inserting the following:
            ``(1) In general.--Except as'';
                            (iii) in subparagraph (B), as so 
                        redesignated, by striking ``paragraph (1)'' and 
                        inserting ``subparagraph (A)''; and
                            (iv) by adding at the end the following:
            ``(2) Federal certificate of rehabilitation.--If an 
        applicant presents a Federal certificate of rehabilitation 
        issued under section 3609 of title 18, United States Code, 
        there shall be a presumption against denying the applicant 
        admission to the program or to federally assisted housing under 
        this subsection.''; and
                    (B) in section 577(b) (42 U.S.C. 13662(b))--
                            (i) in paragraph (2), by striking ``or'' at 
                        the end;
                            (ii) in paragraph (3), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(4) has been issued a Federal certificate of 
        rehabilitation under section 3609 of title 18, United States 
        Code, in which case there shall be a presumption against the 
        termination of tenancy or assistance.''.
            (2) Denial of federal benefits.--Section 421 of the 
        Controlled Substances Act (21 U.S.C. 862) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)(C), by inserting ``, 
                        unless the individual has been issued a Federal 
                        certificate of rehabilitation under section 
                        3609 of title 18, United States Code, in which 
                        case, at the discretion of the court, the 
                        individual may retain eligibility for any or 
                        all Federal benefits'' before the period at the 
                        end; and
                            (ii) in paragraph (2)--
                                    (I) by inserting ``(A)'' before 
                                ``The benefits''; and
                                    (II) by adding at the end the 
                                following:
            ``(B) For purposes of subparagraph (A), any individual who 
        is issued a Federal certificate of rehabilitation under section 
        3609 of title 18, United States Code, shall be presumed to be 
        rehabilitated.'';
                    (B) in subsection (b)(2)--
                            (i) by inserting ``(A)'' before ``The 
                        penalties''; and
                            (ii) by adding at the end the following:
            ``(B) For purposes of subparagraph (A), any individual who 
        is issued a Federal certificate of rehabilitation under section 
        3609 of title 18, United States Code, shall be presumed to be 
        rehabilitated.''; and
                    (C) in subsection (c)(B), by inserting ``been 
                issued a Federal certificate of rehabilitation under 
                section 3609 of title 18, United States Code, or'' 
                before ``otherwise''.
            (3) Jury service.--Section 1865 of title 28, United States 
        Code, is amended by adding at the end the following:
    ``(c) For purposes of a determination under subsection (b)(5), a 
court shall consider whether an individual who has been issued a 
Federal certificate of rehabilitation under section 3609 of title 18 is 
qualified to serve on grand and petit juries in the district court.''.
            (4) Persons not qualified for enlistment.--Section 504(a) 
        of title 10, United States Code, is amended by adding at the 
        end the following: ``In the case of a person convicted of a 
        felony who has been issued a Federal certificate of 
        rehabilitation under section 3609 of title 18, the Secretary 
        concerned shall consider whether to authorize an exception 
        under the previous sentence.''.
            (5) Executive clemency.--Not later than 60 days after the 
        date of enactment of this Act, the Attorney General shall amend 
        section 1.6(c) of title 28, Code of Federal Regulations, to 
        reflect that a Federal certificate of rehabilitation should 
        factor in favor of a clemency application.
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