[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 697 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 697
To reform sentencing, prisons, re-entry of prisoners, and law
enforcement practices, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2019
Mr. Booker introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reform sentencing, prisons, re-entry of prisoners, and law
enforcement practices, 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 ``Next Step Act of
2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
DIVISION A--SENTENCING REFORM: ENDING MASS INCARCERATION
TITLE I--ELIMINATION OF CRACK COCAINE SENTENCING DISPARITY
Sec. 101. Elimination of increased penalties for cocaine offenses where
the cocaine involved is cocaine base.
TITLE II--MARIJUANA JUSTICE ACT
Sec. 201. Short title.
Sec. 202. De-scheduling marihuana.
Sec. 203. Ineligibility for certain funds.
Sec. 204. Community Reinvestment Fund.
TITLE III--SMARTER SENTENCING ACT
Sec. 301. Short title.
Sec. 302. Sentencing modifications for certain drug offenses.
Sec. 303. Directive to the Sentencing Commission.
Sec. 304. Report by Attorney General.
Sec. 305. Report on Federal criminal offenses.
TITLE IV--PAROLE FOR JUVENILES
Sec. 401. Parole for juveniles.
TITLE V--REVERSE MASS INCARCERATION
Sec. 501. Short title.
Sec. 502. Grant program.
DIVISION B--PRISON REFORM
TITLE VI--DIGNITY ACT
Sec. 601. Short title.
Sec. 602. Treatment of primary caretaker parents and other individuals
in Federal prisons.
Sec. 603. Overnight visit pilot program.
DIVISION C--RE-ENTRY REFORM: REDUCING THE COLLATERAL CONSEQUENCES OF
CONVICTION
TITLE VII--FAIR CHANCE ACT
Sec. 701. Short title.
Sec. 702. Prohibition on criminal history inquiries prior to
conditional offer for Federal employment.
Sec. 703. Prohibition on criminal history inquiries by contractors
prior to conditional offer.
Sec. 704. Report on employment of individuals formerly incarcerated in
Federal prisons.
TITLE VIII--FAIR CHANCE LICENSING ACT
Sec. 801. Short title.
Sec. 802. Restrictions on use of criminal records to disqualify
individuals from employment, occupational
licensing, or occupational certification.
Sec. 803. Transparency and accountability study.
TITLE IX--REDEEM ACT
Sec. 901. Short title.
Sec. 902. Sealing of criminal records.
Sec. 903. Juvenile sealing and expungement.
Sec. 904. Study and report on cost savings from sealing and expungement
provisions.
Sec. 905. TANF assistance and SNAP benefits.
Sec. 906. State incentives.
Sec. 907. Gender equality in Federal juvenile delinquency proceedings.
Sec. 908. Ensuring accuracy in the FBI background check system.
Sec. 909. Report on statutory and regulatory restrictions and
disqualifications based on criminal
records.
TITLE X--DEMOCRACY RESTORATION ACT
Sec. 1001. Short title.
Sec. 1002. Findings.
Sec. 1003. Definitions.
Sec. 1004. Rights of citizens.
Sec. 1005. Enforcement.
Sec. 1006. Notification of restoration of voting rights.
Sec. 1007. Relation to other laws.
Sec. 1008. Federal prison funds.
Sec. 1009. Effective date.
TITLE XI--NEW PATHWAYS ACT
Sec. 1101. Short title.
Sec. 1102. Identification for returning citizens.
DIVISION D--POLICE REFORM
TITLE XII--PRIDE ACT
Sec. 1201. Short title.
Sec. 1202. Definitions.
Sec. 1203. Use of force reporting.
Sec. 1204. Community and law enforcement partnership grant program.
Sec. 1205. Compliance with reporting requirements.
Sec. 1206. Authorization of appropriations.
TITLE XIII--END RACIAL AND RELIGIOUS PROFILING ACT
Sec. 1301. Short title.
Sec. 1302. Definitions.
Subtitle A--Prohibition of Racial Profiling
Sec. 1311. Prohibition.
Sec. 1312. Enforcement.
Subtitle B--Programs To Eliminate Racial Profiling By Federal Law
Enforcement Agencies
Sec. 1321. Policies to eliminate racial profiling.
Subtitle C--Programs To Eliminate Racial Profiling By State, Local, and
Indian Tribal Law Enforcement Agencies
Sec. 1331. Policies required for grants.
Sec. 1332. Involvement of Attorney General.
Sec. 1333. Data collection demonstration project.
Sec. 1334. Best practices development grants.
Sec. 1335. Authorization of appropriations.
Subtitle D--Data Collection
Sec. 1341. Attorney General to issue regulations.
Sec. 1342. Publication of data.
Sec. 1343. Limitations on publication of data.
Subtitle E--Department of Justice Regulations and Reports on Racial
Profiling in the United States
Sec. 1351. Attorney General to issue regulations and reports.
Subtitle F--Miscellaneous Provisions
Sec. 1361. Severability.
Sec. 1362. Savings clause.
DIVISION A--SENTENCING REFORM: ENDING MASS INCARCERATION
TITLE I--ELIMINATION OF CRACK COCAINE SENTENCING DISPARITY
SEC. 101. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE
THE COCAINE INVOLVED IS COCAINE BASE.
(a) Controlled Substances Act.--The following provisions of the
Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed:
(1) Clause (iii) of section 401(b)(1)(A).
(2) Clause (iii) of section 401(b)(1)(B).
(b) Controlled Substances Import and Export Act.--The following
provisions of the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.) are repealed:
(1) Subparagraph (C) of section 1010(b)(1).
(2) Subparagraph (C) of section 1010(b)(2).
(c) Applicability to Pending and Past Cases.--
(1) Pending cases.--This section, and the amendments made
by this section, shall apply to any offense that was committed
before the date of enactment of this Act, if a sentence for the
offense has not been imposed as of such date of enactment.
(2) Past cases.--In the case of a defendant who, before the
date of enactment of this Act, was convicted of an offense for
which the penalty is amended by this section and was sentenced
to a term of imprisonment for the offense, the sentencing court
may, on motion of the defendant or the Director of the Bureau
of Prisons, or on its own motion, reduce the term of
imprisonment for the offense, after considering the factors set
forth in section 3553(a) of title 18, United States Code, to
the extent the factors are applicable, if such a reduction is
consistent with--
(A) this section and the amendments made by this
section; and
(B) applicable policy statements issued by the
United States Sentencing Commission.
TITLE II--MARIJUANA JUSTICE ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Marijuana Justice Act of 2019''.
SEC. 202. DE-SCHEDULING MARIHUANA.
(a) Marihuana Removed From Schedule of Controlled Substances.--
Subsection (c) of schedule I of section 202(c) of the Controlled
Substances Act (21 U.S.C. 812) is amended--
(1) by striking ``marihuana''; and
(2) by striking ``tetrahydrocannabinols''.
(b) Removal of Prohibition on Import and Export.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(2) in paragraph (2)--
(A) in subparagraph (F), by inserting ``or'' after
the semicolon;
(B) by striking subparagraph (G); and
(C) by redesignating subparagraph (H) as
subparagraph (G);
(3) in paragraph (3), by striking ``paragraphs (1), (2),
and (4)'' and inserting ``paragraphs (1) and (2)'';
(4) by striking paragraph (4); and
(5) by redesignating paragraphs (5), (6), and (7) as
paragraphs (4), (5), and (6), respectively.
(c) Conforming Amendments to Controlled Substances Act.--The
Controlled Substances Act (21 U.S.C. 801 et seq.) is amended--
(1) in section 102(44) (21 U.S.C. 802(44)), by striking
``marihuana,'';
(2) in section 401(b) (21 U.S.C. 841(b))--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in clause (vi), by inserting
``or'' after the semicolon;
(II) by striking (vii); and
(III) by redesignating clause
(viii) as clause (vii);
(ii) in subparagraph (B)--
(I) by striking clause (vii); and
(II) by redesignating clause (viii)
as clause (vii);
(iii) in subparagraph (C), in the first
sentence, by striking ``subparagraphs (A), (B),
and (D)'' and inserting ``subparagraphs (A) and
(B)'';
(iv) by striking subparagraph (D);
(v) by redesignating subparagraph (E) as
subparagraph (D); and
(vi) in subparagraph (D)(i), as so
redesignated, by striking ``subparagraphs (C)
and (D)'' and inserting ``subparagraph (C)'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5), (6), and (7)
as paragraphs (4), (5), and (6), respectively;
(3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by
striking ``, marihuana,'';
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking
``, marihuana,'';
(5) in section 418(a) (21 U.S.C. 859(a)), by striking the
last sentence;
(6) in section 419(a) (21 U.S.C. 860(a)), by striking the
last sentence;
(7) in section 422(d) (21 U.S.C. 863(d))--
(A) in the matter preceding paragraph (1), by
striking ``marijuana,''; and
(B) in paragraph (5), by striking ``, such as a
marihuana cigarette,''; and
(8) in section 516(d) (21 U.S.C. 886(d)), by striking
``section 401(b)(6)'' each place the term appears and inserting
``section 401(b)(5)''.
(d) Other Conforming Amendments.--
(1) National forest system drug control act of 1986.--The
National Forest System Drug Control Act of 1986 (16 U.S.C. 559b
et seq.) is amended--
(A) in section 15002(a) (16 U.S.C. 559b(a)) by
striking ``marijuana and other'';
(B) in section 15003(2) (16 U.S.C. 559c(2)) by
striking ``marijuana and other''; and
(C) in section 15004(2) (16 U.S.C. 559d(2)) by
striking ``marijuana and other''.
(2) Interception of communications.--Section 2516 of title
18, United States Code, is amended--
(A) in subsection (1)(e), by striking
``marihuana,''; and
(B) in subsection (2) by striking ``marihuana,''.
SEC. 203. INELIGIBILITY FOR CERTAIN FUNDS.
(a) Definitions.--In this section--
(1) the term ``covered State'' means a State that has not
enacted a statute legalizing marijuana in the State;
(2) the term ``disproportionate arrest rate'' means--
(A) the percentage of minority individuals arrested
for a marijuana related offense in a State is higher
than the percentage of the non-minority individual
population of the State, as determined by the most
recent census data; or
(B) the percentage of low-income individuals
arrested for a marijuana offense in a State is higher
than the percentage of the population of the State that
are not low-income individuals, as determined by the
most recent census data;
(3) the term ``disproportionate incarceration rate'' means
the percentage of minority individuals incarcerated for a
marijuana related offense in a State is higher than the
percentage of the non-minority individual population of the
State, as determined by the most recent census data;
(4) the term ``low-income individual'' means an individual
whose taxable income (as defined in section 63 of the Internal
Revenue Code of 1986) is equal to or below the maximum dollar
amount for the 15 percent rate bracket applicable to the
individual under section 1 of the Internal Revenue Code of
1986;
(5) the term ``marijuana'' has the meaning given the term
``marihuana'' in section 102 of the Controlled Substances Act
(21 U.S.C. 802); and
(6) the term ``minority individual'' means an individual
who is a member of a racial or ethnic minority group.
(b) Ineligibility for Certain Funds.--
(1) In general.--For any fiscal year beginning after the
date of enactment of this Act in which the Attorney General,
acting through the Director of the Bureau of Justice
Assistance, determines that a covered State has a
disproportionate arrest rate or a disproportionate
incarceration rate for marijuana offenses, the covered State--
(A) shall not be eligible to receive any Federal
funds for the construction or staffing of a prison or
jail; and
(B) shall be subject to not more than a 10-percent
reduction of the funds that would otherwise be
allocated for that fiscal year to the covered State
under subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
3750 et seq.), whether characterized as the Edward
Byrne Memorial State and Local Law Enforcement
Assistance Programs, the Local Government Law
Enforcement Block Grants Program, the Edward Byrne
Memorial Justice Assistance Grant Program, or
otherwise.
(2) Funds for certain programming.--For purposes of
paragraph (1)(A), Federal funds for the construction or
staffing of a prison or jail shall not include Federal funds
used by a prison or jail to carry out recidivism reduction
programming or drug addiction treatment.
(3) Reallocation.--Any amounts not awarded to a covered
State because of a determination under paragraph (1) shall be
deposited in the Community Reinvestment Fund established under
section 104.
(c) Expungement of Marijuana Offense Convictions.--Each Federal
court shall issue an order expunging each conviction for a marijuana
use or possession offense entered by the court before the date of
enactment of this Act.
(d) Sentencing Review.--
(1) In general.--For any individual who was sentenced to a
term of imprisonment for a Federal criminal offense involving
marijuana before the date of enactment of this Act and is still
serving such term of imprisonment, the court that imposed the
sentence, shall, on motion of the individual, the Director of
the Bureau of Prisons, the attorney for the Government, or the
court, conduct a sentencing hearing.
(2) Potential reduced resentencing.--After a sentencing
hearing under paragraph (1), a court may impose a sentence on
the individual as if this title, and the amendments made by
this title, were in effect at the time the offense was
committed.
(e) Right of Action.--
(1) In general.--An individual who is aggrieved by a
disproportionate arrest rate or a disproportionate
incarceration rate of a State may bring a civil action in an
appropriate district court of the United States.
(2) Relief.--In a civil action brought under this
subsection in which the plaintiff prevails, the court shall--
(A) grant all necessary equitable and legal relief,
including declaratory relief; and
(B) issue an order requiring the Attorney General,
acting through the Director of the Bureau of Justice
Assistance, to--
(i) declare the State to be ineligible to
receive any Federal funds for the construction
or staffing of a prison or jail in accordance
with subsection (b)(1)(A); and
(ii) reduce grant funding of the State in
accordance with subsection (b)(1)(B).
SEC. 204. COMMUNITY REINVESTMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund, to be known as the ``Community Reinvestment
Fund'' (referred to in this section as the ``Fund'').
(b) Deposits.--The Fund shall consist of--
(1) any amounts not awarded to a covered State because of a
determination under section 203(b)(1); and
(2) any amounts otherwise appropriated to the Fund.
(c) Use of Fund Amounts.--Amounts in the Fund shall be available to
the Secretary of Housing and Urban Development to establish a grant
program to reinvest in communities most affected by the war on drugs,
which shall include providing grants to impacted communities for
programs such as--
(1) job training;
(2) reentry services;
(3) expenses related to the expungement of convictions;
(4) public libraries;
(5) community centers;
(6) programs and opportunities dedicated to youth;
(7) the special purpose fund discussed below; and
(8) health education programs.
(d) Availability of Fund Amounts.--Amounts in the Fund shall be
available without fiscal year limitation.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $500,000,000 for each of fiscal years 2019
through 2041.
TITLE III--SMARTER SENTENCING ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Smarter Sentencing Act of 2019''.
SEC. 302. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES.
(a) Controlled Substances Act.--The Controlled Substances Act (21
U.S.C. 801 et seq.) is amended--
(1) in section 102 (21 U.S.C. 802)--
(A) by redesignating paragraph (58) as paragraph
(59);
(B) by redesignating the second paragraph (57)
(relating to the term ``serious drug felony'') as
paragraph (58); and
(C) by adding at the end the following:
``(60) The term `courier' means a defendant whose role in the
offense was limited to transporting or storing drugs or money.''; and
(2) in section 401(b)(1) (21 U.S.C. 841(b)(1))--
(A) in subparagraph (A), in the flush text
following clause (viii)--
(i) by striking ``10 years or more'' and
inserting ``5 years or more'';
(ii) by striking ``such person shall be
sentenced to a term of imprisonment which may
not be less than 15 years and'' and inserting
``such person shall be sentenced to a term of
imprisonment of not less than 10 years and'';
and
(B) in subparagraph (B), in the flush text
following clause (viii)--
(i) by striking ``5 years'' and inserting
``2 years''; and
(ii) by striking ``not be less than 10
years'' and inserting ``not be less than 5
years''.
(b) Controlled Substances Import and Export Act.--Section 1010(b)
of the Controlled Substances Import and Export Act (21 U.S.C. 960(b))
is amended--
(1) in paragraph (1), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting
``person, other than a courier, commits''; and
(C) by inserting ``If a person who is a courier
commits such a violation, the person shall be sentenced
to a term of imprisonment of not less than 5 years and
not more than life. If a person who is a courier
commits such a violation after a prior conviction for a
felony drug offense has become final, the person shall
be sentenced to a term of imprisonment of not less than
10 years and not more than life.'' before
``Notwithstanding section 3583''; and
(2) in paragraph (2), in the flush text following
subparagraph (H)--
(A) by inserting ``, other than a person who is a
courier,'' after ``such violation'';
(B) by striking ``person commits'' and inserting
``person, other than a courier, commits''; and
(C) by inserting ``If a person who is a courier
commits such a violation, the person shall be sentenced
to a term of imprisonment of not less than 2 years and
not more than life. If a person who is a courier
commits such a violation after a prior conviction for a
felony drug offense has become final, the person shall
be sentenced to a term of imprisonment of not less than
5 years and not more than life.'' before
``Notwithstanding section 3583''.
SEC. 303. DIRECTIVE TO THE SENTENCING COMMISSION.
(a) Directive to Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission shall review
and amend, if appropriate, its guidelines and its policy statements
applicable to persons convicted of an offense under section 401 of the
Controlled Substances Act (21 U.S.C. 841) or section 1010 of the
Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure
that the guidelines and policy statements are consistent with the
amendments made by section 302 of this title and reflect the intent of
Congress that such penalties be decreased in accordance with the
amendments made by such section 302.
(b) Considerations.--In carrying out this section, the United
States Sentencing Commission shall consider--
(1) the mandate of the United States Sentencing Commission,
under section 994(g) of title 28, United States Code, to
formulate the sentencing guidelines in such a way as to
``minimize the likelihood that the Federal prison population
will exceed the capacity of the Federal prisons'';
(2) the findings and conclusions of the United States
Sentencing Commission in its October 2011 report to Congress
entitled, Mandatory Minimum Penalties in the Federal Criminal
Justice System;
(3) the fiscal implications of any amendments or revisions
to the sentencing guidelines or policy statements made by the
United States Sentencing Commission;
(4) the relevant public safety concerns involved in the
considerations before the United States Sentencing Commission;
(5) the intent of Congress that penalties for violent,
repeat, and serious drug traffickers who present public safety
risks remain appropriately severe; and
(6) the need to reduce and prevent racial disparities in
Federal sentencing.
(c) Emergency Authority.--The United States Sentencing Commission
shall--
(1) promulgate the guidelines, policy statements, or
amendments provided for in this Act as soon as practicable, and
in any event not later than 120 days after the date of
enactment of this Act, in accordance with the procedure set
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C.
994 note), as though the authority under that Act had not
expired; and
(2) pursuant to the emergency authority provided under
paragraph (1), make such conforming amendments to the Federal
sentencing guidelines as the Commission determines necessary to
achieve consistency with other guideline provisions and
applicable law.
SEC. 304. REPORT BY ATTORNEY GENERAL.
Not later than 6 months after the date of enactment of this Act,
the Attorney General shall submit to the Committees on the Judiciary of
the House of Representatives and the Senate a report outlining how the
reduced expenditures on Federal corrections and the cost savings
resulting from this Act will be used to help reduce overcrowding in the
Federal Bureau of Prisons, help increase proper investment in law
enforcement and crime prevention, and help reduce criminal recidivism,
thereby increasing the effectiveness of Federal criminal justice
spending.
SEC. 305. REPORT ON FEDERAL CRIMINAL OFFENSES.
(a) Definitions.--In this section--
(1) the term ``criminal regulatory offense'' means a
Federal regulation that is enforceable by a criminal penalty;
and
(2) the term ``criminal statutory offense'' means a
criminal offense under a Federal statute.
(b) Report on Criminal Statutory Offenses.--Not later than 1 year
after the date of enactment of this Act, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report,
which shall include--
(1) a list of all criminal statutory offenses, including a
list of the elements for each criminal statutory offense; and
(2) for each criminal statutory offense listed under
paragraph (1)--
(A) the potential criminal penalty for the criminal
statutory offense;
(B) the number of prosecutions for the criminal
statutory offense brought by the Department of Justice
each year for the 15-year period preceding the date of
enactment of this Act; and
(C) the mens rea requirement for the criminal
statutory offense.
(c) Report on Criminal Regulatory Offenses.--
(1) Reports.--Not later than 1 year after the date of
enactment of this Act, the head of each Federal agency
described in paragraph (2) shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report, which shall include--
(A) a list of all criminal regulatory offenses
enforceable by the agency; and
(B) for each criminal regulatory offense listed
under subparagraph (A)--
(i) the potential criminal penalty for a
violation of the criminal regulatory offense;
(ii) the number of violations of the
criminal regulatory offense referred to the
Department of Justice for prosecution in each
of the years during the 15-year period
preceding the date of enactment of this Act;
and
(iii) the mens rea requirement for the
criminal regulatory offense.
(2) Agencies described.--The Federal agencies described in
this paragraph are the Department of Agriculture, the
Department of Commerce, the Department of Education, the
Department of Energy, the Department of Health and Human
Services, the Department of Homeland Security, the Department
of Housing and Urban Development, the Department of the
Interior, the Department of Labor, the Department of
Transportation, the Department of the Treasury, the Commodity
Futures Trading Commission, the Consumer Product Safety
Commission, the Equal Employment Opportunity Commission, the
Export-Import Bank of the United States, the Farm Credit
Administration, the Federal Communications Commission, the
Federal Deposit Insurance Corporation, the Federal Election
Commission, the Federal Labor Relations Authority, the Federal
Maritime Commission, the Federal Mine Safety and Health Review
Commission, the Federal Trade Commission, the National Labor
Relations Board, the National Transportation Safety Board, the
Nuclear Regulatory Commission, the Occupational Safety and
Health Review Commission, the Office of Compliance, the Postal
Regulatory Commission, the Securities and Exchange Commission,
the Securities Investor Protection Corporation, the
Environmental Protection Agency, the Small Business
Administration, the Federal Housing Finance Agency, and the
Office of Government Ethics.
(d) Index.--Not later than 2 years after the date of enactment of
this Act--
(1) the Attorney General shall establish a publicly
accessible index of each criminal statutory offense listed in
the report required under subsection (b) and make the index
available and freely accessible on the website of the
Department of Justice; and
(2) the head of each agency described in subsection (c)(2)
shall establish a publicly accessible index of each criminal
regulatory offense listed in the report required under
subsection (c)(1) and make the index available and freely
accessible on the website of the agency.
(e) Rule of Construction.--Nothing in this section shall be
construed to require or authorize appropriations.
TITLE IV--PAROLE FOR JUVENILES
SEC. 401. PAROLE FOR JUVENILES.
(a) In General.--Chapter 403 of title 18, United States Code, is
amended by inserting after section 5032 the following:
``Sec. 5032A. Modification of an imposed term of imprisonment for
violations of law committed prior to age 18
``(a) In General.--Notwithstanding any other provision of law, a
court may reduce a term of imprisonment imposed upon a defendant
convicted as an adult for an offense committed and completed before the
defendant attained 18 years of age if--
``(1) the defendant has served not less than 20 years in
custody for the offense; and
``(2) the court finds, after considering the factors set
forth in subsection (c), that the defendant is not a danger to
the safety of any person or the community and that the
interests of justice warrant a sentence modification.
``(b) Supervised Release.--Any defendant whose sentence is reduced
pursuant to subsection (a) shall be ordered to serve a period of
supervised release of not less than 5 years following release from
imprisonment. The conditions of supervised release and any modification
or revocation of the term of supervise release shall be in accordance
with section 3583.
``(c) Factors and Information To Be Considered in Determining
Whether To Modify a Term of Imprisonment.--The court, in determining
whether to reduce a term of imprisonment pursuant to subsection (a),
shall consider--
``(1) the factors described in section 3553(a), including
the nature of the offense and the history and characteristics
of the defendant;
``(2) the age of the defendant at the time of the offense;
``(3) a report and recommendation of the Bureau of Prisons,
including information on whether the defendant has
substantially complied with the rules of each institution in
which the defendant has been confined and whether the defendant
has completed any educational, vocational, or other prison
program, where available;
``(4) a report and recommendation of the United States
attorney for any district in which an offense for which the
defendant is imprisoned was prosecuted;
``(5) whether the defendant has demonstrated maturity,
rehabilitation, and a fitness to reenter society sufficient to
justify a sentence reduction;
``(6) any statement, which may be presented orally or
otherwise, by any victim of an offense for which the defendant
is imprisoned or by a family member of the victim if the victim
is deceased;
``(7) any report from a physical, mental, or psychiatric
examination of the defendant conducted by a licensed health
care professional;
``(8) the family and community circumstances of the
defendant at the time of the offense, including any history of
abuse, trauma, or involvement in the child welfare system;
``(9) the extent of the role of the defendant in the
offense and whether, and to what extent, an adult was involved
in the offense;
``(10) the diminished culpability of juveniles as compared
to that of adults, and the hallmark features of youth,
including immaturity, impetuosity, and failure to appreciate
risks and consequences, which counsel against sentencing
juveniles to the otherwise applicable term of imprisonment; and
``(11) any other information the court determines relevant
to the decision of the court.
``(d) Limitation on Applications Pursuant to This Section.--
``(1) Second application.--Not earlier than 5 years after
the date on which an order entered by a court on an initial
application under this section becomes final, a court shall
entertain a second application by the same defendant under this
section.
``(2) Final application.--Not earlier than 5 years after
the date on which an order entered by a court on a second
application under paragraph (1) becomes final, a court shall
entertain a final application by the same defendant under this
section.
``(3) Prohibition.--A court may not entertain an
application filed after an application filed under paragraph
(2) by the same defendant.
``(e) Procedures.--
``(1) Notice.--The Bureau of Prisons shall provide written
notice of this section to--
``(A) any defendant who has served not less than 19
years in prison for an offense committed and completed
before the defendant attained 18 years of age for which
the defendant was convicted as an adult; and
``(B) the sentencing court, the United States
attorney, and the Federal Public Defender or Executive
Director of the Community Defender Organization for the
judicial district in which the sentence described in
subparagraph (A) was imposed.
``(2) Crime victims rights.--Upon receiving notice under
paragraph (1), the United States attorney shall provide any
notifications required under section 3771.
``(3) Application.--
``(A) In general.--An application for a sentence
reduction under this section shall be filed as a motion
to reduce the sentence of the defendant and may include
affidavits or other written material.
``(B) Requirement.--A motion to reduce a sentence
under this section shall be filed with the sentencing
court and a copy shall be served on the United States
attorney for the judicial district in which the
sentence was imposed.
``(4) Expanding the record; hearing.--
``(A) Expanding the record.--After the filing of a
motion to reduce a sentence under this section, the
court may direct the parties to expand the record by
submitting additional written materials relating to the
motion.
``(B) Hearing.--
``(i) In general.--The court shall conduct
a hearing on the motion, at which the defendant
and counsel for the defendant shall be given
the opportunity to be heard.
``(ii) Evidence.--In a hearing under this
section, the court may allow parties to present
evidence.
``(iii) Defendant's presence.--At a hearing
under this section, the defendant shall be
present unless the defendant waives the right
to be present. The requirement under this
clause may be satisfied by the defendant
appearing by video teleconference.
``(iv) Counsel.--A defendant who is unable
to obtain counsel is entitled to have counsel
appointed to represent the defendant for
proceedings under this section, including any
appeal, unless the defendant waives the right
to counsel.
``(v) Findings.--The court shall state in
open court, and file in writing, the reasons
for granting or denying a motion under this
section.
``(C) Appeal.--The Government or the defendant may
file a notice of appeal in the district court for
review of a final order under this section. The time
limit for filing such appeal shall be governed by rule
4(a) of the Federal Rules of Appellate Procedure.
``(f) Educational and Rehabilitative Programs.--A defendant who is
convicted and sentenced as an adult for an offense committed and
completed before the defendant attained 18 years of age may not be
deprived of any educational, training, or rehabilitative program that
is otherwise available to the general prison population.''.
(b) Table of Sections.--The table of sections for chapter 403 of
title 18, United States Code, is amended by inserting after the item
relating to section 5032 the following:
``5032A. Modification of an imposed term of imprisonment for violations
of law committed prior to age 18.''.
(c) Applicability.--The amendments made by this section shall apply
to any conviction entered before, on, or after the date of enactment of
this Act.
TITLE V--REVERSE MASS INCARCERATION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Reverse Mass Incarceration Act of
2019''.
SEC. 502. GRANT PROGRAM.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Street Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``PART OO--STATE PRISON POPULATION REDUCTION GRANT PROGRAM
``SEC. 3051. GRANT PROGRAM.
``(a) In General.--The Attorney General may make grants to States
to assist States in reducing crime rates and incarcerations.
``(b) Eligibility.--A State shall be eligible to receive a grant
under this section if the State demonstrates that, during the 3-year
period preceding the application for a grant under this section--
``(1) the total number of individuals incarcerated in
correctional or detention facilities in the State was reduced
by not less than 7 percent; and
``(2) the rate of crime within the State did not increase
by more than 3 percent.
``(c) Application.--An eligible State seeking a grant under this
section shall submit to the Attorney General an application in such
form and manner and at such time as the Attorney General requires,
which shall include a clear methodology based on population size and
other factors.
``(d) Use of Grant Funds.--A grant awarded under this section shall
be used by a State to implement evidence-based programs designed to
reduce crime rates and incarcerations.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)) is amended by adding at the end the following:
``(29) There are authorized to be appropriated to carry out part OO
$2,000,000,000 for each of fiscal years 2020 through 2029.''.
DIVISION B--PRISON REFORM
TITLE VI--DIGNITY ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``Dignity for Incarcerated Women Act
of 2019'' or the ``Dignity Act''.
SEC. 602. TREATMENT OF PRIMARY CARETAKER PARENTS AND OTHER INDIVIDUALS
IN FEDERAL PRISONS.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4051. Treatment of primary caretaker parents and other
individuals
``(a) Definitions.--In this section--
``(1) the term `correctional officer' means a correctional
officer of the Bureau of Prisons;
``(2) the term `Director' means the Director of the Bureau
of Prisons;
``(3) the term `primary caretaker parent' has the meaning
given the term in section 31903 of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12242); and
``(4) the term `prisoner' means an individual who is
incarcerated in a Federal penal or correctional institution.
``(b) Visitation Rules.--The Director shall promulgate regulations
for visitation between prisoners who are primary caretaker parents and
their family members under which--
``(1) a prisoner may receive visits not fewer than 6 days
per week, which shall include Saturday and Sunday;
``(2) a Federal penal or correctional institution shall be
open for visitation for not fewer than 8 hours per day;
``(3) a prisoner may have up to 5 adult visitors and an
unlimited number of child visitors per visit; and
``(4) a prisoner may have physical contact with visitors
unless the prisoner presents an immediate physical danger to
the visitors.
``(c) Parenting Classes.--The Director shall provide parenting
classes to each prisoner who is a primary caretaker parent.
``(d) Trauma-informed Care.--
``(1) In general.--The Director shall provide trauma-
informed care to each prisoner who is diagnosed with trauma.
``(2) Identification and referral.--The Director shall
provide training to each correctional officer and each other
employee of the Bureau of Prisons who regularly interacts with
prisoners, including health care professionals and instructors,
to enable the employees to identify prisoners with trauma and
refer those prisoners to the proper healthcare professional for
treatment.
``(e) Ombudsman.--The Attorney General shall designate an ombudsman
to oversee and monitor, with respect to Federal penal and correctional
institutions--
``(1) prisoner transportation;
``(2) use of segregated housing;
``(3) strip searches of prisoners; and
``(4) civil rights violations.
``(f) Telecommunications.--
``(1) In general.--The Director--
``(A) may not charge a fee for a telephone call
made by a prisoner; and
``(B) shall make videoconferencing available to
prisoners in each Federal penal or correctional
institution free of charge.
``(2) Rule of construction.--Nothing in paragraph (1)(B)
shall be construed to authorize the Director to use
videoconferencing as a substitute for in-person visits.
``(g) Inmate Health.--
``(1) Healthcare products.--
``(A) Availability.--The Director shall make the
healthcare products described in subparagraph (C)
available to prisoners for free, in a quantity that is
appropriate to the healthcare needs of each prisoner.
``(B) Quality of products.--The Director shall
ensure that the healthcare products provided under this
paragraph conform with applicable industry standards.
``(C) Products.--The healthcare products described
in this subparagraph are--
``(i) tampons;
``(ii) sanitary napkins;
``(iii) moisturizing soap, which may not be
lye-based;
``(iv) shampoo;
``(v) body lotion;
``(vi) Vaseline;
``(vii) toothpaste;
``(viii) toothbrushes;
``(ix) aspirin;
``(x) ibuprofen; and
``(xi) any other healthcare product that
the Director determines appropriate.
``(2) Gynecologist access.--The Director shall ensure that
female prisoners have access to a gynecologist.
``(h) Use of Sex-Appropriate Correctional Officers.--
``(1) Regulations.--The Director shall promulgate
regulations under which--
``(A) a correctional officer may not conduct a
strip search of a prisoner of the opposite sex unless--
``(i) the prisoner presents a risk of
immediate harm to herself or himself or others;
and
``(ii) no other correctional officer of the
same sex as the prisoner is available to
assist; and
``(B) a correctional officer may not enter a
restroom reserved for prisoners of the opposite sex
unless--
``(i)(I) a prisoner in the restroom
presents a risk of immediate harm to herself or
himself or others; or
``(II) there is a medical emergency in the
restroom; and
``(ii) no other correctional officer of the
appropriate sex is available to assist.
``(2) Relation to other laws.--Nothing in paragraph (1)
shall be construed to affect the requirements under the Prison
Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).''.
(b) Substance Abuse Treatment.--Section 3621(e) of title 18, United
States Code, is amended by adding at the end the following:
``(7) Eligibility of primary caretaker parents and pregnant
women.--The Bureau of Prisons may not prohibit a prisoner who
is a primary caretaker parent (as defined in section 4051) or
pregnant from participating in a program of residential
substance abuse treatment provided under paragraph (1) based on
the failure of the individual, before being committed to the
custody of the Bureau, to disclose to any official that the
individual had a substance abuse problem.''.
(c) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
303 of title 18, United States Code, is amended by adding at
the end the following:
``4051. Treatment of primary caretaker parents and other
individuals.''.
(2) Healthcare products.--Section 611 of the First Step Act
of 2018 (Public Law 115-391; 132 Stat. 5194) is repealed.
SEC. 603. OVERNIGHT VISIT PILOT PROGRAM.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Bureau
of Prisons;
(2) the term ``primary caretaker parent'' has the meaning
given the term in section 31903 of the Violent Crime Control
and Law Enforcement Act of 1994 (34 U.S.C. 12242); and
(3) the term ``prisoner'' means an individual who is
incarcerated in a Federal penal or correctional institution.
(b) Pilot Program.--The Director shall carry out a pilot program
under which prisoners who are primary caretaker parents and meet
eligibility criteria established by the Director may receive overnight
visits from family members.
(c) Eligibility Criteria.--In establishing eligibility criteria for
the pilot program under subsection (b), the Director shall--
(1) require that a prisoner have displayed good behavior;
and
(2) prohibit participation by any prisoner who has been
convicted of a crime of violence (as defined in section 16 of
title 18, United States Code).
DIVISION C--RE-ENTRY REFORM: REDUCING THE COLLATERAL CONSEQUENCES OF
CONVICTION
TITLE VII--FAIR CHANCE ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Fair Chance to Compete for Jobs
Act of 2019'' or the ``Fair Chance Act''.
SEC. 702. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT.
(a) In General.--Subpart H of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER
``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record
information.
``9203. Agency policies; whistleblower complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.
``Sec. 9201. Definitions
``In this chapter--
``(1) the term `agency' means `Executive agency' as such
term is defined in section 105 and includes--
``(A) the United States Postal Service and the
Postal Regulatory Commission; and
``(B) the Executive Office of the President;
``(2) the term `appointing authority' means an employee in
the executive branch of the Government of the United States
that has authority to make appointments to positions in the
civil service;
``(3) the term `conditional offer' means an offer of
employment in a position in the civil service that is
conditioned upon the results of a criminal history inquiry;
``(4) the term `criminal history record information'--
``(A) except as provided in subparagraphs (B) and
(C), has the meaning given the term in section 9101(a);
``(B) includes any information described in the
first sentence of section 9101(a)(2) that has been
sealed or expunged pursuant to law; and
``(C) includes information collected by a criminal
justice agency, relating to an act or alleged act of
juvenile delinquency, that is analogous to criminal
history record information (including such information
that has been sealed or expunged pursuant to law); and
``(5) the term `suspension' has the meaning given the term
in section 7501.
``Sec. 9202. Limitations on requests for criminal history record
information
``(a) Inquiries Prior to Conditional Offer.--Except as provided in
subsections (b) and (c), an employee of an agency may not request, in
oral or written form (including through the Declaration for Federal
Employment (Office of Personnel Management Optional Form 306) or any
similar successor form, the USAJOBS internet website, or any other
electronic means) that an applicant for an appointment to a position in
the civil service disclose criminal history record information
regarding the applicant before the appointing authority extends a
conditional offer to the applicant.
``(b) Otherwise Required by Law.--The prohibition under subsection
(a) shall not apply with respect to an applicant for a position in the
civil service if consideration of criminal history record information
prior to a conditional offer with respect to the position is otherwise
required by law.
``(c) Exception for Certain Positions.--
``(1) In general.--The prohibition under subsection (a)
shall not apply with respect to an applicant for an appointment
to a position--
``(A) that requires a determination of eligibility
described in clause (i), (ii), or (iii) of section
9101(b)(1)(A);
``(B) as a Federal law enforcement officer (as
defined in section 115(c) of title 18); or
``(C) identified by the Director of the Office of
Personnel Management in the regulations issued under
paragraph (2).
``(2) Regulations.--
``(A) Issuance.--The Director of the Office of
Personnel Management shall issue regulations
identifying additional positions with respect to which
the prohibition under subsection (a) shall not apply,
giving due consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial transactions.
``(B) Compliance with civil rights laws.--The
regulations issued under subparagraph (A) shall--
``(i) be consistent with, and in no way
supersede, restrict, or limit the application
of title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) or other relevant
Federal civil rights laws; and
``(ii) ensure that all hiring activities
conducted pursuant to the regulations are
conducted in a manner consistent with relevant
Federal civil rights laws.
``Sec. 9203. Agency policies; whistleblower complaint procedures
``The Director of the Office of Personnel Management shall--
``(1) develop, implement, and publish a policy to assist
employees of agencies in complying with section 9202 and the
regulations issued pursuant to such section; and
``(2) establish and publish procedures under which an
applicant for an appointment to a position in the civil service
may submit a complaint, or any other information, relating to
compliance by an employee of an agency with section 9202.
``Sec. 9204. Adverse action
``(a) First Violation.--If the Director of the Office of Personnel
Management determines, after notice and an opportunity for a hearing on
the record, that an employee of an agency has violated section 9202,
the Director shall--
``(1) issue to the employee a written warning that includes
a description of the violation and the additional penalties
that may apply for subsequent violations; and
``(2) file such warning in the employee's official
personnel record file.
``(b) Subsequent Violations.--If the Director of the Office of
Personnel Management determines, after notice and an opportunity for a
hearing on the record, that an employee that was subject to subsection
(a) has committed a subsequent violation of section 9202, the Director
may take the following action:
``(1) For a second violation, suspension of the employee
for a period of not more than 7 days.
``(2) For a third violation, suspension of the employee for
a period of more than 7 days.
``(3) For a fourth violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $250.
``(4) For a fifth violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $500.
``(5) For any subsequent violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $1,000.
``Sec. 9205. Procedures
``(a) Appeals.--The Director of the Office of Personnel Management
shall by rule establish procedures providing for an appeal from any
adverse action taken under section 9204 by not later than 30 days after
the date of the action.
``(b) Applicability of Other Laws.--An adverse action taken under
section 9204 (including a determination in an appeal from such an
action under subsection (a) of this section) shall not be subject to--
``(1) the procedures under chapter 75; or
``(2) except as provided in subsection (a) of this section,
appeal or judicial review.
``Sec. 9206. Rules of construction
``Nothing in this chapter may be construed to--
``(1) authorize any officer or employee of an agency to
request the disclosure of information described under
subparagraphs (B) and (C) of section 9201(4); or
``(2) create a private right of action for any person.''.
(b) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of Personnel
Management shall issue such regulations as are necessary to
carry out chapter 92 of title 5, United States Code (as added
by subsection (a)).
(2) Effective date.--Section 9202 of title 5, United States
Code (as added by subsection (a)), shall take effect on the
date that is 2 years after the date of enactment of this Act.
(c) Technical and Conforming Amendment.--The table of chapters for
part III of title 5, United States Code, is amended by inserting after
the item relating to chapter 91 the following:
``92. Prohibition on criminal history inquiries prior to 9201''.
conditional offer.
(d) Application to Legislative Branch.--
(1) In general.--The Congressional Accountability Act of
1995 (2 U.S.C. 1301 et seq.) is amended--
(A) in section 102(a) (2 U.S.C. 1302(a)), by adding
at the end the following:
``(12) Section 9202 of title 5, United States Code.'';
(B) by redesignating section 207 (2 U.S.C. 1317) as
section 208; and
(C) by inserting after section 206 (2 U.S.C. 1316)
the following new section:
``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY
INQUIRIES.
``(a) Definitions.--In this section, the terms `agency', `criminal
history record information', and `suspension' have the meanings given
the terms in section 9201 of title 5, United States Code, except as
otherwise modified by this section.
``(b) Restrictions on Criminal History Inquiries.--
``(1) In general.--
``(A) In general.--Except as provided in
subparagraph (B), an employee of an employing office
may not request that an applicant for employment as a
covered employee disclose criminal history record
information if the request would be prohibited under
section 9202 of title 5, United States Code, if made by
an employee of an agency.
``(B) Conditional offer.--For purposes of applying
that section 9202 under subparagraph (A), a reference
in that section 9202 to a conditional offer shall be
considered to be an offer of employment as a covered
employee that is conditioned upon the results of a
criminal history inquiry.
``(2) Rules of construction.--The provisions of section
9206 of title 5, United States Code, shall apply to employing
offices, consistent with regulations issued under subsection
(d).
``(c) Remedy.--
``(1) In general.--The remedy for a violation of subsection
(b)(1) shall be such remedy as would be appropriate if awarded
under section 9204 of title 5, United States Code, if the
violation had been committed by an employee of an agency,
consistent with regulations issued under subsection (d), except
that the reference in that section to a suspension shall be
considered to be a suspension with the level of compensation
provided for a covered employee who is taking unpaid leave
under section 202.
``(2) Process for obtaining relief.--An applicant for
employment as a covered employee who alleges a violation of
subsection (b)(1) may rely on the provisions of title IV (other
than section 407 or 408, or a provision of this title that
permits a person to obtain a civil action or judicial review),
consistent with regulations issued under subsection (d).
``(d) Regulations To Implement Section.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Fair Chance to Compete for Jobs Act of
2019, the Board shall, pursuant to section 304, issue
regulations to implement this section.
``(2) Parallel with agency regulations.--The regulations
issued under paragraph (1) shall be the same as substantive
regulations issued by the Director of the Office of Personnel
Management under section 702(b)(1) of the Fair Chance to
Compete for Jobs Act of 2019 to implement the statutory
provisions referred to in subsections (a) through (c) except to
the extent that the Board may determine, for good cause shown
and stated together with the regulation, that a modification of
such regulations would be more effective for the implementation
of the rights and protections under this section.
``(e) Effective Date.--Section 102(a)(12) and subsections (a)
through (c) shall take effect on the date on which section 9202 of
title 5, United States Code, applies with respect to agencies.''.
(2) Clerical amendments.--
(A) The table of contents in section 1(b) of the
Congressional Accountability Act of 1995 (Public Law
104-1; 109 Stat. 3) is amended--
(i) by redesignating the item relating to
section 207 as the item relating to section
208; and
(ii) by inserting after the item relating
to section 206 the following new item:
``Sec. 207. Rights and protections relating to criminal history
inquiries.''.
(B) Section 62(e)(2) of the Internal Revenue Code
of 1986 is amended by striking ``or 207'' and inserting
``207, or 208''.
(e) Application to Judicial Branch.--
(1) In general.--Section 604 of title 28, United States
Code, is amended by adding at the end the following:
``(i) Restrictions on Criminal History Inquiries.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency' and `criminal history
record information' have the meanings given those terms
in section 9201 of title 5;
``(B) the term `covered employee' means an employee
of the judicial branch of the United States Government,
other than--
``(i) any judge or justice who is entitled
to hold office during good behavior;
``(ii) a United States magistrate judge; or
``(iii) a bankruptcy judge; and
``(C) the term `employing office' means any office
or entity of the judicial branch of the United States
Government that employs covered employees.
``(2) Restriction.--A covered employee may not request that
an applicant for employment as a covered employee disclose
criminal history record information if the request would be
prohibited under section 9202 of title 5 if made by an employee
of an agency.
``(3) Employing office policies; complaint procedure.--The
provisions of sections 9203 and 9206 of title 5 shall apply to
employing offices and to applicants for employment as covered
employees, consistent with regulations issued by the Director
to implement this subsection.
``(4) Adverse action.--
``(A) Adverse action.--The Director may take such
adverse action with respect to a covered employee who
violates paragraph (2) as would be appropriate under
section 9204 of title 5 if the violation had been
committed by an employee of an agency.
``(B) Appeals.--The Director shall by rule
establish procedures providing for an appeal from any
adverse action taken under subparagraph (A) by not
later than 30 days after the date of the action.
``(C) Applicability of other laws.--Except as
provided in subparagraph (B), an adverse action taken
under subparagraph (A) (including a determination in an
appeal from such an action under subparagraph (B))
shall not be subject to appeal or judicial review.
``(5) Regulations to be issued.--
``(A) In general.--Not later than 18 months after
the date of enactment of the Fair Chance to Compete for
Jobs Act of 2019, the Director shall issue regulations
to implement this subsection.
``(B) Parallel with agency regulations.--The
regulations issued under subparagraph (A) shall be the
same as substantive regulations promulgated by the
Director of the Office of Personnel Management under
section 702(b)(1) of the Fair Chance to Compete for
Jobs Act of 2019 except to the extent that the Director
of the Administrative Office of the United States
Courts may determine, for good cause shown and stated
together with the regulation, that a modification of
such regulations would be more effective for the
implementation of the rights and protections under this
subsection.
``(6) Effective date.--Paragraphs (1) through (4) shall
take effect on the date on which section 9202 of title 5
applies with respect to agencies.''.
SEC. 703. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS
PRIOR TO CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4714. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), an executive agency--
``(A) may not require that an individual or sole
proprietor who submits a bid for a contract to disclose
criminal history record information regarding that
individual or sole proprietor before determining the
apparent awardee; and
``(B) shall require, as a condition of receiving a
Federal contract and receiving payments under such
contract that the contractor may not verbally, or
through written form, request the disclosure of
criminal history record information regarding an
applicant for a position related to work under such
contract before the contractor extends a conditional
offer to the applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to a
conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph
(1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to access
classified information or to have sensitive law
enforcement or national security duties; or
``(ii) a position that the Administrator of
General Services identifies under the
regulations issued under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months
after the date of enactment of the Fair Chance
to Compete for Jobs Act of 2019, the
Administrator of General Services, in
consultation with the Secretary of Defense,
shall issue regulations identifying additional
positions with respect to which the prohibition
under paragraph (1) shall not apply, giving due
consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights laws.--
The regulations issued under clause (i) shall--
``(I) be consistent with, and in no
way supersede, restrict, or limit the
application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or other relevant Federal civil
rights laws; and
``(II) ensure that all hiring
activities conducted pursuant to the
regulations are conducted in a manner
consistent with relevant Federal civil
rights laws.
``(b) Complaint Procedures.--The Administrator of General Services
shall establish and publish procedures under which an applicant for a
position with a Federal contractor may submit to the Administrator a
complaint, or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal History
Inquiries.--
``(1) First violation.--If the head of an executive agency
determines that a contractor has violated subsection (a)(1)(B),
such head shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for
the contractor to appeal the determination; and
``(C) issue a written warning to the contractor
that includes a description of the violation and the
additional remedies that may apply for subsequent
violations.
``(2) Subsequent violation.--If the head of an executive
agency determines that a contractor that was subject to
paragraph (1) has committed a subsequent violation of
subsection (a)(1)(B), such head shall notify the contractor,
shall provide 30 days after such notification for the
contractor to appeal the determination, and, in consultation
with the relevant Federal agencies, may take actions, depending
on the severity of the infraction and the contractor's history
of violations, including--
``(A) providing written guidance to the contractor
that the contractor's eligibility for contracts
requires compliance with this section;
``(B) requiring that the contractor respond within
30 days affirming that the contractor is taking steps
to comply with this section; and
``(C) suspending payment under the contract for
which the applicant was being considered until the
contractor demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer'
means an offer of employment for a position related to work
under a contract that is conditioned upon the results of a
criminal history inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Clerical amendment.--The table of sections for chapter
47 of title 41, United States Code, is amended by adding at the
end the following new item:
``4714. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(3) Effective date.--Section 4714 of title 41, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 702(b)(2) of this
title.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2338 the following
new section:
``Sec. 2339. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the head of an agency--
``(A) may not require that an individual or sole
proprietor who submits a bid for a contract to disclose
criminal history record information regarding that
individual or sole proprietor before determining the
apparent awardee; and
``(B) shall require as a condition of receiving a
Federal contract and receiving payments under such
contract that the contractor may not verbally or
through written form request the disclosure of criminal
history record information regarding an applicant for a
position related to work under such contract before
such contractor extends a conditional offer to the
applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to a
conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph
(1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to access
classified information or to have sensitive law
enforcement or national security duties; or
``(ii) a position that the Secretary of
Defense identifies under the regulations issued
under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months
after the date of enactment of the Fair Chance
to Compete for Jobs Act of 2019, the Secretary
of Defense, in consultation with the
Administrator of General Services, shall issue
regulations identifying additional positions
with respect to which the prohibition under
paragraph (1) shall not apply, giving due
consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights laws.--
The regulations issued under clause (i) shall--
``(I) be consistent with, and in no
way supersede, restrict, or limit the
application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or other relevant Federal civil
rights laws; and
``(II) ensure that all hiring
activities conducted pursuant to the
regulations are conducted in a manner
consistent with relevant Federal civil
rights laws.
``(b) Complaint Procedures.--The Secretary of Defense shall
establish and publish procedures under which an applicant for a
position with a Department of Defense contractor may submit a
complaint, or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal History
Inquiries.--
``(1) First violation.--If the Secretary of Defense
determines that a contractor has violated subsection (a)(1)(B),
the Secretary shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for
the contractor to appeal the determination; and
``(C) issue a written warning to the contractor
that includes a description of the violation and the
additional remedies that may apply for subsequent
violations.
``(2) Subsequent violations.--If the Secretary of Defense
determines that a contractor that was subject to paragraph (1)
has committed a subsequent violation of subsection (a)(1)(B),
the Secretary shall notify the contractor, shall provide 30
days after such notification for the contractor to appeal the
determination, and, in consultation with the relevant Federal
agencies, may take actions, depending on the severity of the
infraction and the contractor's history of violations,
including--
``(A) providing written guidance to the contractor
that the contractor's eligibility for contracts
requires compliance with this section;
``(B) requiring that the contractor respond within
30 days affirming that the contractor is taking steps
to comply with this section; and
``(C) suspending payment under the contract for
which the applicant was being considered until the
contractor demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer'
means an offer of employment for a position related to work
under a contract that is conditioned upon the results of a
criminal history inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Effective date.--Section 2339(a) of title 10, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 702(b)(2) of this
title.
(3) Clerical amendment.--The table of sections for chapter
137 of title 10, United States Code, is amended by inserting
after the item relating to section 2338 the following new item:
``2339. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(c) Revisions to Federal Acquisition Regulation.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Federal Acquisition Regulatory
Council shall revise the Federal Acquisition Regulation to
implement section 4714 of title 41, United States Code, and
section 2339 of title 10, United States Code, as added by this
section.
(2) Consistency with office of personnel management
regulations.--The Federal Acquisition Regulatory Council shall
revise the Federal Acquisition Regulation under paragraph (1)
to be consistent with the regulations issued by the Director of
the Office of Personnel Management under section 702(b)(1) to
the maximum extent practicable. The Council shall include
together with such revision an explanation of any substantive
modification of the Office of Personnel Management regulations,
including an explanation of how such modification will more
effectively implement the rights and protections under this
section.
SEC. 704. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN
FEDERAL PRISONS.
(a) Definition.--In this section, the term ``covered individual''--
(1) means an individual who has completed a term of
imprisonment in a Federal prison for a Federal criminal
offense; and
(2) does not include an alien who is or will be removed
from the United States for a violation of the immigration laws
(as such term is defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)).
(b) Study and Report Required.--The Director of the Bureau of
Justice Statistics, in coordination with the Director of the Bureau of
the Census, shall--
(1) not later than 180 days after the date of enactment of
this Act, design and initiate a study on the employment of
covered individuals after their release from Federal prison,
including by collecting--
(A) demographic data on covered individuals,
including race, age, and sex; and
(B) data on employment and earnings of covered
individuals who are denied employment, including the
reasons for the denials; and
(2) not later than 2 years after the date of enactment of
this Act, and every 5 years thereafter, submit a report that
does not include any personally identifiable information on the
study conducted under paragraph (1) to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Oversight and Reform of the
House of Representatives; and
(D) the Committee on Education and Labor of the
House of Representatives.
TITLE VIII--FAIR CHANCE LICENSING ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Fair Chance Licensing Act of
2019''.
SEC. 802. RESTRICTIONS ON USE OF CRIMINAL RECORDS TO DISQUALIFY
INDIVIDUALS FROM EMPLOYMENT, OCCUPATIONAL LICENSING, OR
OCCUPATIONAL CERTIFICATION.
(a) State and Local Requirements.--Section 534 of title 28, United
States Code, is amended by adding at the end the following:
``(g) Restrictions on State and Local Use of Criminal Records To
Disqualify Individuals From Employment, Occupational Licensing, or
Occupational Certification.--
``(1) Definitions.--In this subsection--
``(A) the term `covered entity' means--
``(i) an occupational licensing authority;
``(ii) an occupational certification
authority; and
``(iii) an employer or third-party entity
that is authorized by Federal or State law,
including title II of the Departments of State,
Justice, and Commerce, the Judiciary, and
Related Agencies Appropriation Act, 1973
(Public Law 92-544; 86 Stat. 1114), to access
the records system created under this section
for employment purposes;
``(B) the term `directly related conviction', with
respect to an individual, means a conviction of the
individual that a covered entity determines to have a
direct and specific negative bearing on the ability of
the individual to perform the duties or
responsibilities necessary for--
``(i) the position in which employment is
sought; or
``(ii) the occupation for which an
occupational license or certification is
sought;
``(C) the term `qualifying background check law'
means a law that imposes the requirements described in
paragraph (3); and
``(D) the term `record' means a record or other
information acquired, collected, classified, or
preserved by the Attorney General under paragraph (1),
(2), or (3) of subsection (a).
``(2) Conditions on access by state and local entities to
fbi background check system.--
``(A) States.--An agency or official of a State may
not request or access a record, including on behalf of
a private entity, under any authority, unless the State
has enacted a qualifying background check law or a law
that is more favorable to an individual with a criminal
history than a qualifying background check law.
``(B) Local governments.--An agency or official of
a political subdivision of a State may not request or
access a record, including on behalf of a private
entity, under any authority unless the political
subdivision or the State has enacted a qualifying
background check law or a law that is more favorable to
an individual with a criminal history than a qualifying
background check law.
``(3) Qualifying background check law.--
``(A) Availability and use of criminal history
information.--A qualifying background check law shall
provide that a covered entity may not consider any of
the following criminal history information in
determining whether to disqualify an individual from
employment, an occupational license, or an occupational
certification:
``(i) A conviction that is not a directly
related conviction.
``(ii) Non-conviction information,
including information related to--
``(I) a deferred adjudication;
``(II) participation in a diversion
program;
``(III) an arrest not followed by a
valid conviction; or
``(IV) an infraction.
``(iii) A conviction that has been sealed,
dismissed, expunged, or pardoned.
``(iv) A juvenile adjudication.
``(v) A misdemeanor conviction for which no
sentence of imprisonment can be imposed.
``(vi) A misdemeanor conviction that is
more than 1 year old, excluding any period of
incarceration or custody.
``(vii) A felony conviction that is more
than 5 years old, excluding any period of
incarceration or custody.
``(B) Consideration of title vii `green' factors.--
A qualifying background check law shall provide that a
covered entity, in determining whether to disqualify an
individual from employment, an occupational license, or
an occupational certification based on a directly
related conviction, shall consider--
``(i) the nature and gravity of the
conviction;
``(ii) the period of time that has elapsed
since the conviction or, if applicable,
completion of the sentence; and
``(iii) the nature of the employment,
license, or certification held or sought.
``(C) Sufficient mitigation or rehabilitation and
fitness for occupation.--A qualifying background check
law shall provide that a covered entity may not
disqualify an individual from employment, an
occupational license, or an occupational certification
solely or in part because of a directly related
conviction if the individual can establish sufficient
mitigation or rehabilitation and fitness to perform the
duties of the position or occupation by providing--
``(i) evidence showing that--
``(I) not less than 1 year has
elapsed since the individual was
released from any correctional
institution without subsequent
conviction of a crime; and
``(II) the individual has complied
with all terms and conditions of
probation or parole; or
``(ii) any other evidence of mitigation and
present fitness, including--
``(I) the circumstances relating to
the offense, including mitigating
circumstances or social conditions
surrounding the commission of the
offense;
``(II) the age of the individual
when the individual committed the
offense;
``(III) the period of time that has
elapsed since the individual committed
the offense;
``(IV) evidence of work history,
particularly any training or work
experience related to the position or
occupation;
``(V) additional evidence of
educational, training, or work
activities that the individual has
participated in, including during any
period of incarceration;
``(VI) letters of reference by
persons who have been in contact with
the individual since the individual was
released from any correctional
institution; and
``(VII) completion of, or active
participation in, rehabilitative drug
or alcohol treatment.
``(D) Notice of potential denial and opportunity to
appeal.--
``(i) Notice of potential denial.--A
qualifying background check law shall provide
that if a covered entity intends to disqualify
an individual from employment, an occupational
license, or an occupational certification
solely or in part because of a directly related
conviction, the covered entity shall, prior to
making a final decision--
``(I) notify the individual in
writing of--
``(aa) the directly related
conviction that forms the basis
for the potential
disqualification; and
``(bb) the rationale for
how the conviction is directly
related to the position or
occupation;
``(II) provide the individual a
copy of the conviction history report,
if any, on which the covered entity
relies; and
``(III) provide the individual
examples of mitigation or
rehabilitation evidence (as described
in subparagraph (C)) that the
individual may voluntarily provide.
``(ii) Response.--A qualifying background
check law shall provide that not later than 30
days after the date on which an individual
receives a notice of potential disqualification
described in clause (i), the individual may
respond to the notice by--
``(I) challenging the accuracy of
the conviction history report; or
``(II) submitting evidence of
mitigation or rehabilitation.
``(iii) Final decision.--A qualifying
background check law shall provide that a
covered entity shall make a final decision
based on an individualized assessment of the
information described in subparagraph (C),
including any information described in clause
(ii) of this subparagraph submitted by the
individual.
``(iv) Notice of final decision.--A
qualifying background check law shall provide
that if a covered entity disqualifies an
individual from employment, an occupational
license, or an occupational certification
solely or in part because of a directly related
conviction, the covered entity shall notify the
individual in writing of--
``(I) the final decision,
including--
``(aa) a list of each
directly related conviction
that forms the basis for the
decision; and
``(bb) the rationale for
how the conviction is directly
related to the position;
``(II) additional appeal
procedures, if any, including
opportunities for administrative or
judicial review; and
``(III) the earliest date on which
the individual may reapply for the
employment, occupational license, or
occupational certification.
``(E) Education, outreach, and transparency
activities.--A qualifying background check law shall
provide that a covered entity shall--
``(i) adopt education and outreach policies
developed with the input of key stakeholders,
including individuals with arrest and
conviction records;
``(ii) explain to the public (including on
the website of the covered entity, if
applicable) how the covered entity uses
criminal history information in making
decisions with respect to employment,
occupational licensing, or occupational
certification, as applicable; and
``(iii) offer individuals access at any
time (including before obtaining any required
education or training) to guidance on the
impact of a conviction or arrest on the
application process for employment,
occupational licensing, or occupational
certification, as applicable.
``(4) Compliance review.--Not later than 180 days after the
date on which this subsection takes effect, and semiannually
thereafter, the Attorney General shall review the compliance of
States and political subdivisions thereof with the requirement
under paragraph (2).''.
(b) Federal Requirements.--
(1) Consideration of criminal history information
consistent with qualifying background check law.--
(A) In general.--Notwithstanding any other
provision of law, other than a provision described in
subparagraph (B), consideration of the criminal history
information of an individual for purposes of
employment, occupational licensing, or occupational
certification of the individual, or any similar
purpose, that is required or authorized under any
provision of Federal law shall be carried out in
accordance with the requirements described in section
534(g)(3) of title 28, United States Code, as added by
subsection (a).
(B) Exceptions.--Subparagraph (A) shall not apply
to the consideration of the criminal history
information of an individual under any provision of law
governing--
(i) Federal employment;
(ii) the Armed Forces;
(iii) law enforcement; or
(iv) national security.
(2) Relation to other law.--Nothing in paragraph (1) shall
be construed to supersede any other provision of Federal law
that imposes requirements relating to the availability and use
of criminal history information that is more favorable to an
individual with a criminal history than the requirements
described in section 534(g)(3) of title 28, United States Code,
as added by subsection (a).
(3) Regulations.--Not later than 180 days after the date of
enactment of this Act, the head of an agency that administers a
provision of law affected by paragraph (1) shall promulgate any
regulations necessary to comply with that paragraph.
(c) Effective Date.--Subsections (a) and (b)(1), the amendments
made by those subsections, and the regulations promulgated under
subsection (b)(3) shall take effect on the date that is 1 year after
the date of enactment of this Act.
SEC. 803. TRANSPARENCY AND ACCOUNTABILITY STUDY.
(a) Bureau of Justice Statistics Annual Study.--Not later than 1
year after the date of enactment of this Act, and each year thereafter,
the Bureau of Justice Statistics shall conduct a study, and submit a
report to Congress on that study, that--
(1) collects data on the Federal and State laws that result
in the disqualification of applicants for employment, an
occupational license, or an occupational certification based on
the criminal record of the applicant;
(2) focuses on the disqualifying offenses and the racial,
gender, and ethnic profile of the applicants disqualified under
the laws described in paragraph (1); and
(3) examines the reversal rates and impact on employment
opportunities that result from the procedures to appeal a
potential disqualification from employment, an occupational
license, or an occupational certification required under
section 802 and the amendments made by that section.
(b) Data Submission by Federal Agencies and States.--A State that
wishes to access to a record as described in subsection (g)(2) of
section 534 of title 28, United States Code, (as added by this title)
and each Federal agency that administers a provision of law affected by
section 802(b) shall regularly collect and submit to the Bureau of
Justice Statistics, for purposes of the annual study under subsection
(a) of this section, any applicable data described in subsection (a) of
this section.
TITLE IX--REDEEM ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Record Expungement Designed to
Enhance Employment Act of 2019'' or the ``REDEEM Act''.
SEC. 902. SEALING OF CRIMINAL RECORDS.
(a) Finding.--Congress finds that the definition of the term
``crime of violence'' recommended by the United States Sentencing
Commission in the report entitled ``Report to the Congress: Career
Offender Sentencing Enhancements'', published in August 2016, is
clearer and more specific than the definitions currently used in title
18, United States Code, and should be used to determine the type of
offenses eligible for sealing under the amendments made by this
section.
(b) Amendment.--Chapter 229 of title 18, United States Code, is
amended by adding at the end the following:
``Subchapter E--Sealing of Criminal Records
``Sec.
``3641. Definitions; eligible individuals.
``3642. Automatic sealing of records of nonviolent drug offenses.
``3643. Sealing petition.
``3644. Effect of sealing order.
``Sec. 3641. 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; or
``(B) a sex offense, as defined in section 111 of
the Sex Offender Registration and Notification Act (34
U.S.C. 20911);
``(2) the term `crime of violence' means any offense under
Federal or State law, punishable by imprisonment for a term
exceeding 1 year, that--
``(A) has as an element the use, attempted use, or
threatened use of physical force against the person of
another; or
``(B) is--
``(i) murder;
``(ii) voluntary manslaughter;
``(iii) kidnapping;
``(iv) aggravated assault;
``(v) a forcible sex offense;
``(vi) robbery;
``(vii) arson;
``(viii) extortion; or
``(ix) the use or unlawful possession of--
``(I) a firearm, as defined in
section 5845(a) of the Internal Revenue
Code of 1986; or
``(II) explosive materials, as
defined in section 841(c);
``(3) 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;
``(4) the term `petitioner' means an individual who files a
sealing petition;
``(5) 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);
``(6) 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 3644,
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;
``(7) the term `sealing hearing' means a hearing held under
section 3643(b)(2); and
``(8) the term `sealing petition' means a petition for a
sealing order filed under section 3643(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. 3642. Automatic sealing of records of nonviolent drug offenses
``(a) Definition.--In this section, the term `convicted of a
nonviolent drug offense', with respect to an individual--
``(1) means the individual is convicted of a covered
nonviolent offense that is an offense under the Controlled
Substances Act (21 U.S.C. 801 et seq.), the Controlled
Substances Import and Export Act (21 U.S.C. 951 et seq.), or
chapter 705 of title 46; and
``(2) does not include a conviction with respect to which
the court applied a sentencing enhancement under section
2D1.1(b)(2) of the Federal sentencing guidelines (relating to
the use of violence or the threat or direction to use
violence).
``(b) Automatic Sealing.--Five years after the date on which an
eligible individual who is convicted of a nonviolent drug offense
completes every term of imprisonment, probation, or supervised release
ordered by the court with respect to the offense, the court shall order
the sealing of each record or portion thereof that relates to the
offense if the individual--
``(1) has not been convicted of a crime or adjudicated
delinquent for an act of juvenile delinquency since the date of
the conviction; and
``(2) is not engaged in active criminal court proceedings
or juvenile delinquency proceedings.
``(c) Automatic Nature of Sealing.--The order of sealing under
subsection (b) shall require no action by the individual whose records
are to be sealed.
``(d) Notice of Automatic Sealing.--A court that orders the sealing
of a record of an individual under subsection (b) shall, in writing,
inform the individual 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.
``(e) Relation to Other Laws.--Automatic sealing under subsection
(b) shall not apply to a conviction for a marijuana use or possession
offense that is expunged under section 203(c) of the Marijuana Justice
Act of 2019.
``Sec. 3643. 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
3641(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. 3644. 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.''.
(c) Applicability.--Sections 3642 and 3643 of title 18, United
States Code, as added by subsection (b), shall apply with respect to a
covered nonviolent offense (as defined in section 3641(a) of such
title) that is committed or alleged to have been committed before, on,
or after the date of enactment of this Act.
(d) Transition Period for Hearings Deadline.--During the 1-year
period beginning on the date of enactment of this Act, section
3643(b)(2)(A) of title 18, United States Code, as added by subsection
(b), shall be applied by substituting ``1 year'' for ``180 days''.
(e) 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:
``E. Sealing of Criminal Records............................ 3641''.
SEC. 903. 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 5045(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 5045(b)(2)(B);
``(6) the term `expungement petition' means a petition for
expungement filed under section 5045(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 (34 U.S.C. 11103)); or
``(B) a sex offense (as defined in section 111 of
the Sex Offender Registration and Notification Act (34
U.S.C. 20911));
``(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 5044(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 5044(b)(2)(B); and
``(14) the term `sealing petition' means a petition for a
sealing order filed under section 5044(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. 5044. 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. 5045. 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:
``5044. Sealing.
``5045. Expungement.''.
(3) Applicability.--Sections 5044 and 5045 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.--Chapter 403 of title 18, United
States Code, as amended by this title, is further amended by striking
section 5043 and inserting the following:
``Sec. 5043. 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.''.
SEC. 904. 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 902,
903, and 906 of this title.
(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. 905. TANF ASSISTANCE AND SNAP BENEFITS.
(a) Repeal of Ban on Assistance.--Section 115 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (21
U.S.C. 862a) is repealed.
(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)) (as in effect on the day before the
date of enactment of this Act); 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 (as in effect on
the day before the date of enactment of this Act).
(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 then in effect), that imposes conditions on
eligibility for TANF assistance or SNAP benefits shall have no
force or effect.
SEC. 906. STATE INCENTIVES.
(a) COPS Grants Priority.--Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) 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 (n)(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 903 of the
Record Expungement Designed to Enhance Employment Act
of 2019;
``(B) a law prohibiting juvenile solitary
confinement that is substantially similar to, or more
restrictive than, the amendment made by subsection (e)
of section 903 of the Record Expungement Designed to
Enhance Employment Act of 2019;
``(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 902 of the Record Expungement Designed
to Enhance Employment Act of 2019;
``(D) subject to subsection (n)(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; or
``(F) 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:
``(n) 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
paragraph (4) of section 1701(c) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10381(c)), as added by
subsection (a).
SEC. 907. 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. 908. ENSURING ACCURACY IN THE FBI BACKGROUND CHECK SYSTEM.
(a) In General.--Section 534 of title 28, United States Code, as
amended by title VIII, is amended by adding at the end the following:
``(h) 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, occupational
licensing, occupational certification, 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 civil 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, not later than
10 days after the date on which the requesting entity
requests the exchange and before the exchange is made,
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 civil 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(h) 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 (h) of section 534 of title 28, United
States Code, as added by subsection (a), that includes--
(1) the number of exchanges of records for civil 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. 909. 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.
TITLE X--DEMOCRACY RESTORATION ACT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Democracy Restoration Act of
2019''.
SEC. 1002. FINDINGS.
Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution of the United
States grants Congress ultimate supervisory power over Federal
elections, an authority which has repeatedly been upheld by the
Supreme Court of the United States.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous condition
of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th
Amendments to the Constitution of the United States empower
Congress to enact measures to protect the right to vote in
Federal elections. The 8th Amendment to the Constitution of the
United States provides for no excessive bail to be required,
nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
(4) There are 3 areas where discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections--
(A) the lack of a uniform standard for voting in
Federal elections leads to an unfair disparity and
unequal participation in Federal elections based solely
on where a person lives;
(B) laws governing the restoration of voting rights
after a criminal conviction vary throughout the country
and persons in some States can easily regain their
voting rights while in other States persons effectively
lose their right to vote permanently; and
(C) State disenfranchisement laws
disproportionately impact racial and ethnic minorities.
(5) Two States do not disenfranchise individuals with
criminal convictions at all (Maine and Vermont), but 48 States
and the District of Columbia have laws that deny convicted
individuals the right to vote while they are in prison.
(6) In some States disenfranchisement results from varying
State laws that restrict voting while individuals are under the
supervision of the criminal justice system or after they have
completed a criminal sentence. In 34 States, convicted
individuals may not vote while they are on parole and 30 of
those States disenfranchise individuals on felony probation as
well. In 10 States, a conviction can result in lifetime
disenfranchisement.
(7) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(8) In 2016, an estimated 6,100,000 citizens of the United
States, or about 1 in 40 adults in the United States, could not
vote as a result of a felony conviction. Of the 6,100,000
citizens barred from voting, only approximately 22 percent were
in prison. By contrast, roughly 77 percent of the
disenfranchised reside in their communities while on probation
or parole or after having completed their sentences.
Approximately 3,100,000 citizens who completed their sentences
remain disenfranchised due to restrictive State laws. In six
States--Alabama, Florida, Kentucky, Mississippi, Tennessee, and
Virginia--more than 7 percent of the total population is
disenfranchised. As of November 2018, the lifetime ban for
felons was eliminated through a Florida ballot initiative. As a
result, 1,400,000 people had their voting rights restored.
(9) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform and
potentially discriminatory manner. Disenfranchised individuals
must either obtain a pardon or an order from the Governor or an
action by the parole or pardon board, depending on the offense
and State. Individuals convicted of a Federal offense often
have additional barriers to regaining voting rights.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. As of 2016, more than 7
percent of the voting-age African-American population, or
2,200,000 African Americans, were disenfranchised. One out of
every 13 African Americans were unable to vote because of
felony disenfranchisement, which is a rate more than 4 times
greater than non-African Americans. 7.4 percent of African
Americans are disenfranchised whereas only 1.8 percent of non-
African Americans were. In 2016, in 4 States--Florida (23
percent), Kentucky (22 percent), Tennessee (21 percent), and
Virginia (20 percent)--more than 1 in 5 African Americans were
unable to vote because of prior convictions.
(11) Latino citizens are also disproportionately
disenfranchised based upon their disproportionate
representation in the criminal justice system. If current
incarceration trends hold, the lifetime likelihood of
incarceration for males born in 2011 is 17 percent for Latinos,
in contrast to less than 6 percent of non-Latino White men.
When analyzing the data across 10 States, Latinos generally
have disproportionately higher rates of disenfranchisement
compared to their presence in the voting age population. In 6
out of 10 States studied in 2003, Latinos constitute more than
10 percent of the total number of persons disenfranchised by
State felony laws. In 4 States (California, 37 percent; New
York, 34 percent; Texas, 30 percent; and Arizona, 27 percent),
Latinos were disenfranchised by a rate of more than 25 percent.
(12) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders their
rehabilitation and reintegration into society.
(13) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised persons.
Future electoral participation by the children of
disenfranchised parents may be impacted as well.
(14) The United States is the only Western democracy that
permits the permanent denial of voting rights for individuals
with felony convictions.
SEC. 1003. DEFINITIONS.
In this title:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 1004. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 1005. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this title.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this title may provide written notice of the violation to
the chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice under paragraph (1), or within 20 days after receipt of
the notice if the violation occurred within 120 days before the
date of an election for Federal office, the aggrieved person
may, in a civil action, obtain declaratory or injunctive relief
with respect to the violation.
(3) Exception.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
SEC. 1006. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a criminal offense under the law of that
State that such individual has the right to vote in an election
for Federal office pursuant to this title and may register to
vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to the
this title and may register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given--
(i) in the case of an individual who is
sentenced to serve only a term of probation, by
the Assistant Director for the Office of
Probation and Pretrial Services of the
Administrative Office of the United States
Courts on the date on which the individual is
sentenced; or
(ii) in the case of any individual
committed to the custody of the Bureau of
Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the
date that is 6 months before such individual is
released and ending on the date such individual
is released from the custody of the Bureau of
Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a court established by an Act of Congress.
SEC. 1007. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this title
shall be construed to prohibit the States from enacting any State law
which affords the right to vote in any election for Federal office on
terms less restrictive than those established by this title.
(b) Certain Federal Acts.--The rights and remedies established by
this title are in addition to all other rights and remedies provided by
law, and neither rights and remedies established by this title shall
supersede, restrict, or limit the application of the Voting Rights Act
of 1965 (52 U.S.C. 10301 et seq.) or the National Voter Registration
Act (52 U.S.C. 20501).
SEC. 1008. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal funds unless that State, unit of local
government, or person--
(1) is in compliance with section 1004; and
(2) has in effect a program under which each individual
incarcerated in that person's jurisdiction who is a citizen of
the United States is notified, upon release from such
incarceration, of that individual's rights under section 1004.
SEC. 1009. EFFECTIVE DATE.
This title shall apply to citizens of the United States voting in
any election for Federal office held after the date of the enactment of
this Act.
TITLE XI--NEW PATHWAYS ACT
SEC. 1101. SHORT TITLE.
This title may be cited as the ``New Pathways Act''.
SEC. 1102. IDENTIFICATION FOR RETURNING CITIZENS.
Section 231(b) of the Second Chance Act of 2007 (34 U.S.C.
60541(b)) is amended to read as follows:
``(b) Identification and Release Assistance for Federal
Prisoners.--
``(1) Definitions.--In this subsection--
``(A) the term `community confinement' means
residence in a community treatment center, halfway
house, restitution center, mental health facility,
alcohol or drug rehabilitation center, or other
community facility;
``(B) the term `direct-release prisoner' means a
prisoner who is scheduled for release and will not be
placed in prerelease custody;
``(C) the term `noncitizen covered individual'--
``(i) means an individual in the custody of
the Bureau of Prisons or sentenced to a term in
community confinement who--
``(I) is lawfully present and
eligible for employment authorization
in the United States; and
``(II) has a document demonstrating
that the individual will have a place
of residence upon release; and
``(ii) includes an alien lawfully admitted
for permanent residence (as defined in section
101(a) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)), a refugee (as defined in
that section of that Act), and an asylee; and
``(D) the term `United States citizen covered
individual' means an individual in the custody of the
Bureau of Prisons or sentenced to a term in community
confinement who has--
``(i) a social security card;
``(ii) a document described in paragraph
(2)(B)(ii) as proof of United States
citizenship; and
``(iii) a document demonstrating that the
individual will have a place of residence upon
release.
``(2) Obtaining identification for united states
citizens.--
``(A) In general.--With respect to a United States
citizen covered individual, the Director shall provide
a photo identification card, which shall comply with
the minimum requirements described in section 202(b) of
the REAL ID Act of 2005 (49 U.S.C. 30301 note), prior
to--
``(i) the release of the United States
citizen covered individual from a term of
imprisonment in a Federal prison; or
``(ii) the release of the United States
citizen covered individual from a sentence to a
term in community confinement.
``(B) Assistance in obtaining documents.--
``(i) In general.--Subject to clause (iii),
for the purpose of issuing an identification
card under this subsection, the Director shall
obtain, on behalf of United States citizen
covered individuals--
``(I) a social security card; and
``(II) a document described in
clause (ii) as proof of United States
citizenship.
``(ii) Proof of united states
citizenship.--A document described in this
clause is--
``(I) a United States passport;
``(II) an original or certified
copy of a birth certificate that
indicates that the individual was born
in the United States or a territory of
the United States;
``(III) in the case of a United
States citizen born inside the United
States for whom a document described in
subclause (I) or (II) is not available,
any document described in subsection
(a), (b), or (c) of section 435.407 of
title 42, Code of Federal Regulations,
or any successor thereto; or
``(IV) in the case of a United
States citizen born outside the United
States, an original or certified copy
of--
``(aa) a certificate of
naturalization (Form N-550 or
N-570);
``(bb) a consular report of
birth abroad (Form FS-240);
``(cc) a certification of
birth abroad (Form FS-545);
``(dd) a certification of
report of birth (Form DS-1350);
or
``(ee) a certificate of
citizenship (Form N-560).
``(iii) Exceptions.--
``(I) Lack of response from federal
or state agency.--If the Director
cannot obtain a copy of a document
required under clause (i) because of
inaction by the Federal or State agency
from which the document was requested,
the Director shall provide to the
United States citizen covered
individual--
``(aa) a written statement
that explains what steps the
Director took in trying to
obtain the document; and
``(bb) any documents
transmitted to the Director by
the Federal or State agency in
response to the request for the
document.
``(II) Lack of authorization from
united states citizen covered
individual.--If the Director cannot
obtain a copy of a document required
under clause (i) because the United
States citizen covered individual does
not provide the authorization required
to obtain the document, the Director
shall provide a written statement to
the United States citizen covered
individual that explains why the
document was not obtained.
``(C) Provision of documents.--Upon issuance of an
identification card to a covered individual under this
paragraph, the Director shall provide all documents
obtained for the United States citizen covered
individual under subparagraph (B).
``(3) Obtaining documents for noncitizens.--
``(A) In general.--With respect to a noncitizen
covered individual, the Director shall assist in
obtaining from the Director of the U.S. Citizenship and
Immigration Services--
``(i) proof of lawful status in the United
States of the noncitizen covered individual;
and
``(ii) in the case of a noncitizen covered
individual who is not admitted for lawful
permanent residence, an employment
authorization document.
``(B) Assistance.--The assistance provided by the
Director under subparagraph (A) shall include--
``(i) providing the noncitizen covered
individual with applicable U.S. Citizenship and
Immigration Services forms and instructions;
and
``(ii) assisting the noncitizen covered
individual in completing and submitting such
forms, together with any required supporting
documentation.
``(C) Provision of documents.--Upon receipt of a
document for a noncitizen covered individual under this
paragraph, the Director shall provide such document to
the noncitizen covered individual.
``(4) Assistance developing release plan.--At the request
of a direct-release prisoner, a representative of the United
States Probation System shall, prior to the release of that
prisoner, help that prisoner develop a release plan.''.
DIVISION D--POLICE REFORM
TITLE XII--PRIDE ACT
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Police Reporting Information,
Data, and Evidence Act of 2019'' or the ``PRIDE Act''.
SEC. 1202. DEFINITIONS.
In this title:
(1) Byrne grant program.--The term ``Byrne grant program''
means any grant program under subpart 1 of part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10151 et seq.), without regard to whether the funds are
characterized as being made available under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Programs,
the Local Government Law Enforcement Block Grants Program, the
Edward Byrne Memorial Justice Assistance Grant Program, or
otherwise.
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 901 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10251).
(3) Law enforcement officer.--The term ``law enforcement
officer'' means any officer, agent, or employee of a State,
unit of local government, or Indian Tribe authorized by law or
by a government agency to engage in or supervise the
prevention, detection, or investigation of any violation of
criminal law.
(4) State.--The term ``State'' has the meaning given the
term in section 901 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10251).
(5) Use of force.--The term ``use of force'' includes the
use of a firearm, Taser, explosive device, chemical agent (such
as pepper spray), baton, impact projectile, blunt instrument,
hand, fist, foot, canine, or vehicle against an individual.
SEC. 1203. USE OF FORCE REPORTING.
(a) Reporting Requirements.--
(1) In general.--Beginning in the first fiscal year
beginning after the date of enactment of this Act and each
fiscal year thereafter in which a State or Indian Tribe
receives funds under a Byrne grant program, the State or Indian
Tribe shall--
(A) report to the Attorney General, on a quarterly
basis and pursuant to guidelines established by the
Attorney General, information regarding--
(i) any incident involving the shooting of
a civilian by a law enforcement officer who is
employed--
(I) in the case of an Indian Tribe,
by the Indian Tribe; or
(II) in the case of a State, by the
State or by a unit of local government
in the State;
(ii) any incident involving the shooting of
a law enforcement officer described in clause
(i) by a civilian; and
(iii) any incident in which use of force by
or against a law enforcement officer described
in clause (i) occurs, which is not reported
under clause (i) or (ii);
(B) establish a system and a set of policies to
ensure that all use of force incidents are reported by
law enforcement officers; and
(C) submit to the Attorney General a plan for the
collection of data required to be reported under this
section, including any modifications to a previously
submitted data collection plan.
(2) Report information required.--
(A) In general.--The report required under
paragraph (1)(A) shall contain information that
includes, at a minimum--
(i) the national origin, sex, race,
ethnicity, age, physical disability, mental
disability, English language proficiency,
housing status, and school status of each
civilian against whom a law enforcement officer
used force;
(ii) the date, time, and location,
including zip code, of the incident and whether
the jurisdiction in which the incident occurred
allows for the open-carry or concealed-carry of
a firearm;
(iii) whether the civilian was armed, and,
if so, the type of weapon the civilian had;
(iv) the type of force used against the
officer, the civilian, or both, including the
types of weapons used;
(v) the reason force was used;
(vi) a description of any injuries
sustained as a result of the incident;
(vii) the number of officers involved in
the incident;
(viii) the number of civilians involved in
the incident; and
(ix) a brief description regarding the
circumstances surrounding the incident, which
shall include information on--
(I) the type of force used by all
involved persons;
(II) the legitimate police
objective necessitating the use of
force;
(III) the resistance encountered by
each law enforcement officer involved
in the incident;
(IV) the efforts by law enforcement
officers to--
(aa) de-escalate the
situation in order to avoid the
use of force; or
(bb) minimize the level of
force used; and
(V) if applicable, the reason why
efforts described in subclause (IV)
were not attempted.
(B) Incidents reported under death in custody
reporting act.--A State is not required to include in a
report under subsection (a)(1) an incident reported by
the State in accordance with section 20104(a)(2) of the
Violent Crime Control and Law Enforcement Act of 1994
(34 U.S.C. 12104(a)(2)).
(3) Audit of use-of-force reporting.--Not later than 1 year
after the date of enactment of this Act, and each year
thereafter, each State and Indian Tribe described in paragraph
(1) shall--
(A) conduct an audit of the use of force incident
reporting system required to be established under
paragraph (1)(B); and
(B) submit a report to the Attorney General on the
audit conducted under subparagraph (A).
(4) Compliance procedure.--Prior to submitting a report
under paragraph (1)(A), the State or Indian Tribe submitting
such report shall compare the information compiled to be
reported pursuant to clause (i) of paragraph (1)(A) to open-
source data records, and shall revise such report to include
any incident determined to be missing from the report based on
such comparison. Failure to comply with the procedures
described in the previous sentence shall be considered a
failure to comply with the requirements of this section.
(b) Ineligibility for Funds.--
(1) In general.--For any fiscal year in which a State or
Indian Tribe fails to comply with this section, the State or
Indian Tribe, at the discretion of the Attorney General, shall
be subject to not more than a 10-percent reduction of the funds
that would otherwise be allocated for that fiscal year to the
State or Indian Tribe under a Byrne grant program.
(2) Reallocation.--Amounts not allocated under a Byrne
grant program in accordance with paragraph (1) to a State for
failure to comply with this section shall be reallocated under
the Byrne grant program to States that have not failed to
comply with this section.
(c) Public Availability of Data.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the Attorney
General shall publish, and make available to the public, a
report containing the data reported to the Attorney General
under this section.
(2) Privacy protections.--Nothing in this subsection shall
be construed to supersede the requirements or limitations under
section 552a of title 5, United States Code (commonly known as
the ``Privacy Act of 1974'').
(d) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Attorney General, in coordination with the Director of
the Federal Bureau of Investigation, shall issue guidance on best
practices relating to establishing standard data collection systems
that capture the information required to be reported under subsection
(a)(2), which shall include standard and consistent definitions for
terms, including the term ``use of force'' which is consistent with the
definition of such term in section 1202.
SEC. 1204. COMMUNITY AND LAW ENFORCEMENT PARTNERSHIP GRANT PROGRAM.
(a) Grants Authorized.--The Attorney General may make grants to
eligible law enforcement agencies to be used for the activities
described in subsection (c).
(b) Eligibility.--In order to be eligible to receive a grant under
this section a law enforcement agency shall--
(1) be located in a State or Indian Tribe that receives
funds under a Byrne grant program;
(2) employ not more that 100 law enforcement officers;
(3) demonstrate that the use of force policy for law
enforcement officers employed by the law enforcement agency is
publicly available; and
(4) establish and maintain a reporting system that may be
used by members of the public to report incidents of use of
force to the law enforcement agency.
(c) Activities Described.--A grant made under this section may be
used by a law enforcement agency for--
(1) the cost of assisting the State or Indian Tribe in
which the law enforcement agency is located in complying with
the reporting requirements described in section 1203;
(2) the cost of establishing necessary systems required to
investigate and report incidents as required under subsection
(b)(4);
(3) public awareness campaigns designed to gain information
from the public on use of force by or against law enforcement
officers, including shootings, which may include tip lines,
hotlines, and public service announcements; and
(4) use of force training for law enforcement agencies and
personnel, including training on de-escalation, implicit bias,
crisis intervention techniques, and adolescent development.
SEC. 1205. COMPLIANCE WITH REPORTING REQUIREMENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and each year thereafter, the Attorney General shall
conduct an audit and review of the information provided under this
title to determine whether each State or Indian Tribe described in
section 903(a)(1) is in compliance with the requirements of this title.
(b) Consistency in Data Reporting.--
(1) In general.--Any data reported under this title shall
be collected and reported in a manner consistent with existing
programs of the Department of Justice that collect data on law
enforcement officer encounters with civilians.
(2) Guidelines.--The Attorney General shall--
(A) issue guidelines on the reporting requirement
under section 1203; and
(B) seek public comment before finalizing the
guidelines required under subparagraph (A).
SEC. 1206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
such sums as are necessary to carry out this title.
TITLE XIII--END RACIAL AND RELIGIOUS PROFILING ACT
SEC. 1301. SHORT TITLE.
This title may be cited as the ``End Racial and Religious Profiling
Act of 2019'' or ``ERRPA''.
SEC. 1302. DEFINITIONS.
In this title:
(1) Covered program.--The term ``covered program'' means
any program or activity funded in whole or in part with funds
made available under--
(A) the Edward Byrne Memorial Justice Assistance
Grant Program under part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10151 et seq.); and
(B) the ``Cops on the Beat'' program under part Q
of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10381 et seq.), except
that no program, project, or other activity specified
in section 1701(b)(13) of such part shall be a covered
program under this paragraph.
(2) Governmental body.--The term ``governmental body''
means any department, agency, special purpose district, or
other instrumentality of Federal, State, local, or Indian
Tribal government.
(3) Hit rate.--The term ``hit rate'' means the percentage
of stops and searches in which a law enforcement officer finds
drugs, a gun, or something else that leads to an arrest. The
hit rate is calculated by dividing the total number of searches
by the number of searches that yield contraband. The hit rate
is complementary to the rate of false stops.
(4) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130).
(5) Law enforcement agency.--The term ``law enforcement
agency'' means any Federal, State, local, or Indian Tribal
public agency engaged in the prevention, detection, or
investigation of violations of criminal, immigration, or
customs laws.
(6) Law enforcement agent.--The term ``law enforcement
agent'' means any Federal, State, local, or Indian Tribal
official responsible for enforcing criminal, immigration, or
customs laws, including police officers and other agents of a
law enforcement agency.
(7) Racial profiling.--The term ``racial profiling'' means
the practice of a law enforcement agent or agency relying, to
any degree, on actual or perceived race, ethnicity, national
origin, religion, gender, gender identity, or sexual
orientation in selecting which individual to subject to routine
or spontaneous investigatory activities or in deciding upon the
scope and substance of law enforcement activity following the
initial investigatory procedure, except when there is
trustworthy information, relevant to the locality and
timeframe, that links a person with a particular characteristic
described in this paragraph to an identified criminal incident
or scheme.
(8) Routine or spontaneous investigatory activities.--The
term ``routine or spontaneous investigatory activities'' means
the following activities by a law enforcement agent:
(A) Interviews.
(B) Traffic stops.
(C) Pedestrian stops.
(D) Frisks and other types of body searches.
(E) Consensual or nonconsensual searches of the
persons, property, or possessions (including vehicles)
of individuals using any form of public or private
transportation, including motorists and pedestrians.
(F) Data collection and analysis, assessments, and
predicated investigations.
(G) Inspections and interviews of entrants into the
United States that are more extensive than those
customarily carried out.
(H) Immigration-related workplace investigations.
(I) Such other types of law enforcement encounters
compiled for or by the Federal Bureau of Investigation
or the Department of Justice Bureau of Justice
Statistics.
(9) Reasonable request.--The term ``reasonable request''
means all requests for information, except for those that--
(A) are immaterial to the investigation;
(B) would result in the unnecessary disclosure of
personal information; or
(C) would place a severe burden on the resources of
the law enforcement agency given its size.
(10) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any other territory or possession of the United
States.
(11) Unit of local government.--The term ``unit of local
government'' means--
(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
(B) any law enforcement district or judicial
enforcement district that--
(i) is established under applicable State
law; and
(ii) has the authority to, in a manner
independent of other State entities, establish
a budget and impose taxes; or
(C) any Indian Tribe that performs law enforcement
functions, as determined by the Secretary of the
Interior.
Subtitle A--Prohibition of Racial Profiling
SEC. 1311. PROHIBITION.
No law enforcement agent or law enforcement agency shall engage in
racial profiling.
SEC. 1312. ENFORCEMENT.
(a) Remedy.--The United States, or an individual injured by racial
profiling, may enforce this subtitle in a civil action for declaratory
or injunctive relief, filed either in a State court of general
jurisdiction or in a district court of the United States.
(b) Parties.--In any action brought under this subtitle, relief may
be obtained against--
(1) any governmental body that employed any law enforcement
agent who engaged in racial profiling;
(2) any agent of such body who engaged in racial profiling;
and
(3) any person with supervisory authority over such agent.
(c) Nature of Proof.--Proof that the routine or spontaneous
investigatory activities of law enforcement agents in a jurisdiction
have had a disparate impact on individuals with a particular
characteristic described in section 1302(7) shall constitute prima
facie evidence of a violation of this subtitle.
(d) Attorney's Fees.--In any action or proceeding to enforce this
subtitle against any governmental body, the court may allow a
prevailing plaintiff, other than the United States, reasonable
attorney's fees as part of the costs, and may include expert fees as
part of the attorney's fee.
Subtitle B--Programs To Eliminate Racial Profiling By Federal Law
Enforcement Agencies
SEC. 1321. POLICIES TO ELIMINATE RACIAL PROFILING.
(a) In General.--Federal law enforcement agencies shall--
(1) maintain adequate policies and procedures designed to
eliminate racial profiling; and
(2) cease existing practices that permit racial profiling.
(b) Policies.--The policies and procedures described in subsection
(a)(1) shall include--
(1) a prohibition on racial profiling;
(2) training on racial profiling issues as part of Federal
law enforcement training;
(3) the collection of data in accordance with the
regulations issued by the Attorney General under section 1341;
(4) procedures for receiving, investigating, and responding
meaningfully to complaints alleging racial profiling by law
enforcement agents; and
(5) any other policies and procedures the Attorney General
determines to be necessary to eliminate racial profiling by
Federal law enforcement agencies.
Subtitle C--Programs To Eliminate Racial Profiling By State, Local, and
Indian Tribal Law Enforcement Agencies
SEC. 1331. POLICIES REQUIRED FOR GRANTS.
(a) In General.--An application by a State, a unit of local
government, or a State, local, or Indian Tribal law enforcement agency
for funding under a covered program shall include a certification that
such State, unit of local government, or law enforcement agency, and
any law enforcement agency to which it will distribute funds--
(1) maintains adequate policies and procedures designed to
eliminate racial profiling; and
(2) has eliminated any existing practices that permit or
encourage racial profiling.
(b) Policies.--The policies and procedures described in subsection
(a)(1) shall include--
(1) a prohibition on racial profiling;
(2) training on racial profiling issues as part of law
enforcement training;
(3) the collection of data in accordance with the
regulations issued by the Attorney General under section 1341;
and
(4) participation in an administrative complaint procedure
or independent audit program that meets the requirements of
section 1332.
(c) Effective Date.--This section shall take effect 12 months after
the date of enactment of this Act.
SEC. 1332. INVOLVEMENT OF ATTORNEY GENERAL.
(a) Regulations.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act and in consultation with stakeholders,
including Federal, State, Tribal, and local law enforcement
agencies and community, professional, research, and civil
rights organizations, the Attorney General shall issue
regulations for the operation of administrative complaint
procedures and independent audit programs to ensure that such
programs and procedures provide an appropriate response to
allegations of racial profiling by law enforcement agents or
agencies.
(2) Guidelines.--The regulations issued under paragraph (1)
shall contain guidelines that ensure the fairness,
effectiveness, and independence of the administrative complaint
procedures and independent auditor programs.
(b) Noncompliance.--If the Attorney General determines that the
recipient of a grant from any covered program is not in compliance with
the requirements of section 1331 or the regulations issued under
subsection (a), the Attorney General shall withhold, in whole or in
part (at the discretion of the Attorney General), funds for one or more
grants to the recipient under the covered program, until the recipient
establishes compliance.
(c) Private Parties.--The Attorney General shall provide notice and
an opportunity for private parties to present evidence to the Attorney
General that a recipient of a grant from any covered program is not in
compliance with the requirements of this subtitle.
SEC. 1333. DATA COLLECTION DEMONSTRATION PROJECT.
(a) Competitive Awards.--
(1) In general.--The Attorney General may, through
competitive grants or contracts, carry out a 2-year
demonstration project for the purpose of developing and
implementing data collection programs on the hit rates for
stops and searches by law enforcement agencies. The data
collected shall be disaggregated by race, ethnicity, national
origin, gender, and religion.
(2) Number of grants.--The Attorney General shall provide
not more than 5 grants or contracts under this section.
(3) Eligible grantees.--Grants or contracts under this
section shall be awarded to law enforcement agencies that serve
communities where there is a significant concentration of
racial or ethnic minorities and that are not already collecting
data voluntarily.
(b) Required Activities.--Activities carried out with a grant under
this section shall include--
(1) developing a data collection tool and reporting the
compiled data to the Attorney General; and
(2) training of law enforcement personnel on data
collection, particularly for data collection on hit rates for
stops and searches.
(c) Evaluation.--Not later than 3 years after the date of enactment
of this Act, the Attorney General shall enter into a contract with an
institution of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)) to analyze the data
collected by each of the grantees funded under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out activities under this section--
(1) $5,000,000, over a 2-year period, to carry out the
demonstration program under subsection (a); and
(2) $500,000 to carry out the evaluation under subsection
(c).
SEC. 1334. BEST PRACTICES DEVELOPMENT GRANTS.
(a) Grant Authorization.--The Attorney General, through the Bureau
of Justice Assistance, may make grants to States, local law enforcement
agencies, and units of local government to develop and implement best
practice devices and systems to eliminate racial profiling.
(b) Use of Funds.--The funds provided under subsection (a) shall be
used for programs that include the following purposes:
(1) The development and implementation of training to
prevent racial profiling and to encourage more respectful
interaction with the public.
(2) The acquisition and use of technology to facilitate the
accurate collection and analysis of data.
(3) The development and acquisition of feedback systems and
technologies that identify officers or units of officers
engaged in, or at risk of engaging in, racial profiling or
other misconduct.
(4) The establishment and maintenance of an administrative
complaint procedure or independent auditor program.
(c) Equitable Distribution.--The Attorney General shall ensure that
grants under this section are awarded in a manner that reserves an
equitable share of funding for small and rural law enforcement
agencies.
(d) Application.--Each State, local law enforcement agency, or unit
of local government desiring a grant under this section shall submit an
application to the Attorney General at such time, in such manner, and
accompanied by such information as the Attorney General may reasonably
require.
SEC. 1335. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this subtitle.
Subtitle D--Data Collection
SEC. 1341. ATTORNEY GENERAL TO ISSUE REGULATIONS.
(a) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Attorney General, in consultation with
stakeholders, including Federal, State, and local law enforcement
agencies and community, professional, research, and civil rights
organizations, shall issue regulations for the collection and
compilation of data under sections 1321 and 1331.
(b) Requirements.--The regulations issued under subsection (a)
shall--
(1) provide for the collection of data on all routine or
spontaneous investigatory activities;
(2) provide that the data collected shall--
(A) be collected by race, ethnicity, national
origin, gender, and religion, as perceived by the law
enforcement officer;
(B) include the date, time, and location of such
investigatory activities;
(C) include detail sufficient to permit an analysis
of whether a law enforcement agency is engaging in
racial profiling; and
(D) not include personally identifiable
information;
(3) provide that a standardized form shall be made
available to law enforcement agencies for the submission of
collected data to the Department of Justice;
(4) provide that law enforcement agencies shall compile
data on the standardized form made available under paragraph
(3), and submit the form to the Civil Rights Division and the
Department of Justice Bureau of Justice Statistics;
(5) provide that law enforcement agencies shall maintain
all data collected under this title for not less than 4 years;
(6) include guidelines for setting comparative benchmarks,
consistent with best practices, against which collected data
shall be measured;
(7) provide that the Department of Justice Bureau of
Justice Statistics shall--
(A) analyze the data for any statistically
significant disparities, including--
(i) disparities in the percentage of
drivers or pedestrians stopped relative to the
proportion of the population passing through
the neighborhood;
(ii) disparities in the hit rate; and
(iii) disparities in the frequency of
searches performed on racial or ethnic minority
drivers and the frequency of searches performed
on nonminority drivers; and
(B) not later than 3 years after the date of
enactment of this Act, and annually thereafter--
(i) prepare a report regarding the findings
of the analysis conducted under subparagraph
(A);
(ii) provide such report to Congress; and
(iii) make such report available to the
public, including on a website of the
Department of Justice; and
(8) protect the privacy of individuals whose data is
collected by--
(A) limiting the use of the data collected under
this title to the purposes set forth in this title;
(B) except as otherwise provided in this title,
limiting access to the data collected under this title
to those Federal, State, local, or Tribal employees or
agents who require such access in order to fulfill the
purposes for the data set forth in this title;
(C) requiring contractors or other nongovernmental
agents who are permitted access to the data collected
under this title to sign use agreements incorporating
the use and disclosure restrictions set forth in
subparagraph (A); and
(D) requiring the maintenance of adequate security
measures to prevent unauthorized access to the data
collected under this title.
SEC. 1342. PUBLICATION OF DATA.
The Department of Justice Bureau of Justice Statistics shall
provide to Congress and make available to the public, together with
each annual report described in section 1341, the data collected
pursuant to this title, excluding any personally identifiable
information described in section 1343.
SEC. 1343. LIMITATIONS ON PUBLICATION OF DATA.
The name or identifying information of a law enforcement officer,
complainant, or any other individual involved in any activity for which
data is collected and compiled under this title shall not be--
(1) released to the public;
(2) disclosed to any person, except for--
(A) such disclosures as are necessary to comply
with this title;
(B) disclosures of information regarding a
particular person to that person; or
(C) disclosures pursuant to litigation; or
(3) subject to disclosure under section 552 of title 5,
United States Code (commonly known as the Freedom of
Information Act), except for disclosures of information
regarding a particular person to that person.
Subtitle E--Department of Justice Regulations and Reports on Racial
Profiling in the United States
SEC. 1351. ATTORNEY GENERAL TO ISSUE REGULATIONS AND REPORTS.
(a) Regulations.--In addition to the regulations required under
sections 1333 and 1341, the Attorney General shall issue such other
regulations as the Attorney General determines are necessary to
implement this title.
(b) Reports.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Attorney
General shall submit to Congress a report on racial profiling
by law enforcement agencies.
(2) Scope.--Each report submitted under paragraph (1) shall
include--
(A) a summary of data collected under sections
1321(b)(3) and 1331(b)(3) and from any other reliable
source of information regarding racial profiling in the
United States;
(B) a discussion of the findings in the most recent
report prepared by the Department of Justice Bureau of
Justice Statistics under section 1341(b)(7);
(C) the status of the adoption and implementation
of policies and procedures by Federal law enforcement
agencies under section 1321 and by the State and local
law enforcement agencies under sections 1331 and 1332;
and
(D) a description of any other policies and
procedures that the Attorney General believes would
facilitate the elimination of racial profiling.
Subtitle F--Miscellaneous Provisions
SEC. 1361. SEVERABILITY.
If any provision of this title, or the application of such a
provision to any person or circumstance, is held to be
unconstitutional, the remainder of this title and the application of
the remaining provisions of this title to any person or circumstance
shall not be affected thereby.
SEC. 1362. SAVINGS CLAUSE.
Nothing in this title shall be construed--
(1) to limit legal or administrative remedies under section
1979 of the Revised Statutes of the United States (42 U.S.C.
1983), section 210401 of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12601), title I of the the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10101 et seq.), or title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.);
(2) to affect any Federal, State, or Tribal law that
applies to an Indian Tribe because of the political status of
the tribe; or
(3) to waive the sovereign immunity of an Indian Tribe
without the consent of the tribe.
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