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[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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