II 

116TH CONGRESS 

1ST SESSION S. 423 

To provide for the sealing of records relating to Federal nonviolent criminal 

offenses related to substance use disorders, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2019 

Mr. MANCHIN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To provide for the sealing of records relating to Federal 

nonviolent criminal offenses related to substance use disorders, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Start Act’’. 

5 SEC. 2. SEALING OF CRIMINAL RECORDS. 

6 (a) IN GENERAL.—Chapter 229 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘Subchapter E—Sealing of Criminal Records 

‘‘Sec. 


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‘‘3641. Definitions. 

‘‘3642. Sealing petition. 

‘‘3643. Effect of sealing order. 

1 ‘‘§ 3641. Definitions 

2 ‘‘In this subchapter— 

3 ‘‘(1) the term ‘covered nonviolent offense’ 

4 means a Federal criminal offense that is not— 

5 ‘‘(A) a crime of violence (as that term is 

6 defined in section 16); 

7 ‘‘(B) a sex offense (as that term is defined 

8 in section 111 of the Sex Offender Registration 

9 and Notification Act (42 U.S.C. 16911)); 

10 ‘‘(C) an offense involving a victim under 

11 the age of 18 years; or 

12 ‘‘(D) a serious drug offense (as that term 

13 is defined in section 3559(c)(2)); 

14 ‘‘(2) the term ‘covered treatment program’ 

15 means a substance use disorder treatment program 

16 or recovery support program that is licensed, cer17 tified, or accredited by a State or national accredita18 tion body, including peer-driven and sober-living pro19 grams; 

20 ‘‘(3) the term ‘eligible individual’ means an in21 dividual who— 

22 ‘‘(A) has been arrested for or convicted of 

23 a qualifying offense; 


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1 ‘‘(B) in the case of a conviction described 

2 in subparagraph (A)— 

3 ‘‘(i) has fulfilled each requirement of 

4 the sentence for the qualifying offense, in5 cluding— 

6 ‘‘(I) completing each term of im7 prisonment, probation, or supervised 

8 release; and 

9 ‘‘(II) satisfying each condition of 

10 imprisonment, probation, or super11 vised release; 

12 ‘‘(ii) has satisfactorily completed a 

13 covered treatment program; and 

14 ‘‘(iii) has rendered service for a period 

15 of not less than 180 days— 

16 ‘‘(I) as a peer mentor in a sub17 stance use disorder peer mentorship 

18 program; or 

19 ‘‘(II) if service described in sub20 clause (I) is not practicable, as a vol21 unteer; 

22 ‘‘(C) has not been convicted of more than 

23 2 felonies that are covered nonviolent offenses, 

24 including any such convictions that have been 

25 sealed; and 


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1 ‘‘(D) has not been convicted of any felony 

2 that is not a covered nonviolent offense; 

3 ‘‘(4) the term ‘petitioner’ means an individual 

4 who files a sealing petition; 

5 ‘‘(5) the term ‘protected information’, with re6 spect to a qualifying offense, means any reference 

7 to— 

8 ‘‘(A) an arrest, conviction, or sentence of 

9 an individual for the offense; 

10 ‘‘(B) the institution of criminal pro11 ceedings against an individual for the offense; 

12 or 

13 ‘‘(C) the result of criminal proceedings de14 scribed in subparagraph (B); 

15 ‘‘(6) the term ‘qualifying offense’ means— 

16 ‘‘(A) a covered nonviolent offense com17 mitted by an individual whose substance use 

18 disorder is a substantial contributing factor in 

19 the commission of the offense, as determined by 

20 a court reviewing a sealing petition with respect 

21 to the offense under section 3642(b)(3)(A)(i); 

22 or 

23 ‘‘(B) in the case of an arrest for an offense 

24 that does not result in a conviction, a covered 

25 nonviolent offense with respect to which the act 


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1 that would have constituted the offense is com2 mitted by an individual whose substance use 

3 disorder is a substantial contributing factor in 

4 the commission of the act, as determined by a 

5 court reviewing a sealing petition with respect 

6 to the offense under section 3642(b)(3)(A)(i); 

7 ‘‘(7) the term ‘seal’— 

8 ‘‘(A) means— 

9 ‘‘(i) to close a record from public 

10 viewing so that the record cannot be exam11 ined except by court order; and 

12 ‘‘(ii) to physically seal the record shut 

13 and label the record ‘SEALED’ or, in the 

14 case of an electronic record, the sub15 stantive equivalent; and 

16 ‘‘(B) has the effect described in section 

17 3643, including— 

18 ‘‘(i) the right to treat the offense to 

19 which a sealed record relates, and any ar20 rest, criminal proceeding, conviction, or 

21 sentence relating to the offense, as if it 

22 never occurred; and 

23 ‘‘(ii) protection from civil and criminal 

24 perjury, false swearing, and false state25 ment laws with respect to a sealed record; 


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1 ‘‘(8) the term ‘sealing hearing’ means a hearing 

2 held under section 3642(b)(2); 

3 ‘‘(9) the term ‘sealing petition’ means a petition 

4 for a sealing order filed under section 3642(a); and 

5 ‘‘(10) the term ‘substance use disorder peer 

6 mentorship program’ means a peer mentorship pro7 gram at a covered treatment program. 

8 ‘‘§ 3642. Sealing petition 

9 ‘‘(a) RIGHT TO FILE SEALING PETITION.— 

10 ‘‘(1) DATE OF ELIGIBILITY.— 

11 ‘‘(A) CONVICTED INDIVIDUALS.— 

12 ‘‘(i) IN GENERAL.—On and after the 

13 date that is 3 years after the applicable 

14 date under clause (ii), an eligible individual 

15 who was convicted of a qualifying offense 

16 and has not been arrested for or convicted 

17 of a substance use-related offense since 

18 that applicable date may file a petition for 

19 a sealing order with respect to the quali20 fying offense in a district court of the 

21 United States. 

22 ‘‘(ii) APPLICABLE DATE.—The appli23 cable date— 

24 ‘‘(I) for an eligible individual who 

25 was convicted of a qualifying offense 


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1 and sentenced to a term of imprison2 ment, probation, or supervised release 

3 is the date on which the eligible indi4 vidual has fulfilled each requirement 

5 under section 3641(3)(B)(i); and 

6 ‘‘(II) for an eligible individual 

7 who was convicted of a qualifying of8 fense and not sentenced to a term of 

9 imprisonment, probation, or super10 vised release is the date on which the 

11 case relating to the qualifying offense 

12 is disposed of. 

13 ‘‘(iii) VIOLATION OF 3-YEAR GOOD BE14 HAVIOR REQUIREMENT.— 

15 ‘‘(I) IN GENERAL.—An eligible 

16 individual who is prohibited from fil17 ing a petition for a sealing order with 

18 respect to a qualifying offense under 

19 clause (i) because the individual is ar20 rested for or convicted of a substance 

21 use-related offense on or after the ap22 plicable date under clause (ii) may file 

23 such a petition on or after the date as 

24 of which not less than 3 years have 


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1 elapsed since the last such arrest or 

2 conviction. 

3 ‘‘(II) RULE OF CONSTRUC4 TION.—Nothing in subclause (I) shall 

5 be construed to allow an eligible indi6 vidual to file more than 1 petition for 

7 a sealing order with respect to a par8 ticular qualifying offense. 

9 ‘‘(B) INDIVIDUALS NOT CONVICTED.—An 

10 eligible individual who is arrested for but not 

11 convicted of a qualifying offense may file a peti12 tion for a sealing order with respect to the 

13 qualifying offense in a district court of the 

14 United States on and after the date on which 

15 the case relating to the offense is disposed of. 

16 ‘‘(2) NOTICE OF OPPORTUNITY TO FILE PETI17 TION.— 

18 ‘‘(A) CONVICTED INDIVIDUALS.— 

19 ‘‘(i) IN GENERAL.—If an individual is 

20 convicted of a covered nonviolent offense 

21 and will potentially be eligible to file a 

22 sealing petition with respect to the offense 

23 upon fulfilling each requirement under sec24 tion 3641(3)(B), the court in which the in25 dividual is convicted shall, in writing, inVerDate Sep 11 2014 18:47 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S423.IS S423

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1 form the individual, on each date described 

2 in clause (ii) of this subparagraph, of— 

3 ‘‘(I) that potential eligibility; 

4 ‘‘(II) the necessary procedures 

5 for filing the sealing petition; and 

6 ‘‘(III) the benefits of sealing a 

7 record, including protection from civil 

8 and criminal perjury, false swearing, 

9 and false statement laws with respect 

10 to the record. 

11 ‘‘(ii) DATES.—The dates described in 

12 this clause are— 

13 ‘‘(I) the date on which the indi14 vidual is convicted; and 

15 ‘‘(II) the date on which the indi16 vidual has fulfilled each requirement 

17 under section 3641(3)(B)(i). 

18 ‘‘(B) INDIVIDUALS NOT CONVICTED.— 

19 ‘‘(i) ARREST ONLY.—If an individual 

20 is arrested for a covered nonviolent of21 fense, criminal proceedings are not insti22 tuted against the individual for the offense, 

23 and the individual is potentially eligible to 

24 file a sealing petition with respect to the 

25 offense, on the date on which the case reVerDate Sep 11 2014 18:47 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S423.IS S423

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1 lating to the offense is disposed of, the ar2 resting authority shall, in writing, inform 

3 the individual of— 

4 ‘‘(I) that potential eligibility; 

5 ‘‘(II) the necessary procedures 

6 for filing the sealing petition; and 

7 ‘‘(III) the benefits of sealing a 

8 record, including protection from civil 

9 and criminal perjury, false swearing, 

10 and false statement laws with respect 

11 to the record. 

12 ‘‘(ii) COURT PROCEEDINGS.—If an in13 dividual is arrested for a covered non14 violent offense, criminal proceedings are in15 stituted against the individual for the of16 fense, the individual is not convicted of the 

17 offense, and the individual is potentially el18 igible to file a sealing petition with respect 

19 to the offense, on the date on which the 

20 case relating to the offense is disposed of, 

21 the court in which the criminal proceedings 

22 take place shall, in writing, inform the in23 dividual of— 

24 ‘‘(I) that potential eligibility; 


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1 ‘‘(II) the necessary procedures 

2 for filing the sealing petition; and 

3 ‘‘(III) the benefits of sealing a 

4 record, including protection from civil 

5 and criminal perjury, false swearing, 

6 and false statement laws with respect 

7 to the record. 

8 ‘‘(b) PROCEDURES.— 

9 ‘‘(1) NOTIFICATION TO PROSECUTOR AND

10 OTHER INDIVIDUALS.—If an individual files a peti11 tion under subsection (a) with respect to a quali12 fying offense, the district court in which the petition 

13 is filed shall provide notice of the petition— 

14 ‘‘(A) to the office of the United States at15 torney that prosecuted or would have pros16 ecuted the petitioner for the offense; and 

17 ‘‘(B) upon the request of the petitioner, to 

18 any other individual that the petitioner deter19 mines may testify as to the— 

20 ‘‘(i) conduct of the petitioner since the 

21 date of the offense or arrest; or 

22 ‘‘(ii) reasons that the sealing order 

23 should be entered. 

24 ‘‘(2) HEARING.— 


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1 ‘‘(A) IN GENERAL.—Not later than 180 

2 days after the date on which an individual files 

3 a sealing petition, the district court shall— 

4 ‘‘(i) except as provided in subpara5 graph (D), conduct a hearing in accord6 ance with subparagraph (B); and 

7 ‘‘(ii) determine whether to enter a 

8 sealing order for the individual in accord9 ance with paragraph (3). 

10 ‘‘(B) OPPORTUNITY TO TESTIFY AND

11 OFFER EVIDENCE.— 

12 ‘‘(i) PETITIONER.—The petitioner 

13 may testify or offer evidence at the sealing 

14 hearing in support of sealing, including 

15 evidence of ongoing sobriety. 

16 ‘‘(ii) PROSECUTOR.—The office of a 

17 United States attorney that receives notice 

18 under paragraph (1)(A) may send a rep19 resentative to testify or offer evidence at 

20 the sealing hearing in support of or 

21 against sealing. 

22 ‘‘(iii) OTHER INDIVIDUALS.—An indi23 vidual who receives notice under paragraph 

24 (1)(B) may testify or offer evidence at the 


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1 sealing hearing as to the issues described 

2 in clauses (i) and (ii) of that paragraph. 

3 ‘‘(C) MAGISTRATE JUDGES.—A magistrate 

4 judge may preside over a hearing under this 

5 paragraph. 

6 ‘‘(D) WAIVER OF HEARING.—If the peti7 tioner and the United States attorney that re8 ceives notice under paragraph (1)(A) so agree, 

9 the court shall make a determination under 

10 paragraph (3) without a hearing. 

11 ‘‘(3) BASIS FOR DECISION.— 

12 ‘‘(A) IN GENERAL.—In determining wheth13 er to enter a sealing order with respect to pro14 tected information relating to a covered non15 violent offense, the court shall— 

16 ‘‘(i) determine whether the offense is 

17 a qualifying offense based on evidence that 

18 the petitioner suffered from an active sub19 stance use disorder at the time of the com20 mission of the offense; 

21 ‘‘(ii) consider— 

22 ‘‘(I) the petition and any docu23 ments in the possession of the court; 

24 and 


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1 ‘‘(II) all the evidence and testi2 mony presented at the sealing hear3 ing, if such a hearing is conducted; 

4 and 

5 ‘‘(iii) balance— 

6 ‘‘(I)(aa) the interest of public 

7 knowledge and safety; and 

8 ‘‘(bb) the legitimate interest, if 

9 any, of the Government in maintain10 ing the accessibility of the protected 

11 information, including any potential 

12 impact of sealing the protected infor13 mation on Federal licensure, permit, 

14 or employment restrictions, against 

15 ‘‘(II)(aa) the conduct and dem16 onstrated desire of the petitioner to be 

17 rehabilitated and positively contribute 

18 to the community; and 

19 ‘‘(bb) the interest of the peti20 tioner in having the protected infor21 mation sealed, including the harm of 

22 the protected information to the abil23 ity of the petitioner to secure and 

24 maintain employment. 


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1 ‘‘(B) BURDEN ON GOVERNMENT.—The 

2 burden shall be on the Government to show 

3 that the interests under subclause (I) of sub4 paragraph (A)(iii) outweigh the interests of the 

5 petitioner under subclause (II) of that subpara6 graph. 

7 ‘‘(C) REASONING.—The court shall provide 

8 the petitioner and the Government with a writ9 ten decision explaining the reasons for the de10 termination made under subparagraph (A). 

11 ‘‘(4) APPEAL.—A denial of a sealing petition by 

12 a district court under this section shall be subject to 

13 review by a court of appeals in accordance with sec14 tion 1291 of title 28. 

15 ‘‘(5) UNIVERSAL FORM.—The Director of the 

16 Administrative Office of the United States Courts 

17 shall create a universal form, available over the 

18 internet and in paper form, that an individual may 

19 use to file a sealing petition. 

20 ‘‘(6) FEE WAIVER.—The Director of the Ad21 ministrative Office of the United States Courts shall 

22 by regulation establish a minimally burdensome 

23 process under which indigent petitioners may obtain 

24 a waiver of any fee for filing a sealing petition. 


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1 ‘‘(7) REPORTING.—Not later than 2 years after 

2 the date of enactment of this subchapter, and each 

3 year thereafter, each district court of the United 

4 States shall publish and submit to the Committee on 

5 the Judiciary of the Senate and the Committee on 

6 the Judiciary of the House of Representatives a re7 port that— 

8 ‘‘(A) describes— 

9 ‘‘(i) the number of sealing petitions 

10 granted and denied under this section; 

11 ‘‘(ii) the number of instances in which 

12 the office of a United States attorney sup13 ported or opposed a sealing petition; and 

14 ‘‘(iii) the number and amount of fees 

15 assessed and waived under this section; 

16 ‘‘(B) includes any supporting data that— 

17 ‘‘(i) the court determines relevant; 

18 and 

19 ‘‘(ii) does not name any petitioner; 

20 and 

21 ‘‘(C) disaggregates all relevant data by 

22 race, ethnicity, gender, and the nature of the 

23 offense. 

24 ‘‘(8) PUBLIC DEFENDER ELIGIBILITY.— 


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1 ‘‘(A) IN GENERAL.—The district court 

2 may, in its discretion, appoint counsel in ac3 cordance with the plan of the district court in 

4 operation under section 3006A to represent a 

5 petitioner for purposes of this section. 

6 ‘‘(B) CONSIDERATIONS.—In making a de7 termination whether to appoint counsel under 

8 subparagraph (A), the court shall consider— 

9 ‘‘(i) the anticipated complexity of the 

10 sealing hearing, including the number and 

11 type of witnesses called to advocate against 

12 the sealing of the protected information of 

13 the petitioner; and 

14 ‘‘(ii) the potential for adverse testi15 mony by a victim or a representative of the 

16 office of the United States attorney. 

17 ‘‘§ 3643. Effect of sealing order 

18 ‘‘(a) IN GENERAL.—Except as provided in this sec19 tion, if a district court of the United States enters a seal20 ing order with respect to a qualifying offense, the offense 

21 and any arrest, criminal proceeding, conviction, or sen22 tence relating to the offense shall be treated as if it never 

23 occurred. 


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1 ‘‘(b) VERIFICATION OF SEALING.—If a district court 

2 of the United States enters a sealing order with respect 

3 to a qualifying offense, the court shall— 

4 ‘‘(1) send a copy of the sealing order to each 

5 entity or person known to the court that possesses 

6 a record containing protected information that re7 lates to the offense, including each— 

8 ‘‘(A) law enforcement agency; and 

9 ‘‘(B) public or private correctional or de10 tention facility; 

11 ‘‘(2) in the sealing order, require each entity or 

12 person described in paragraph (1) to— 

13 ‘‘(A) seal the record in accordance with 

14 this section; and 

15 ‘‘(B) submit a written certification to the 

16 court, under penalty of perjury, that the entity 

17 or person has sealed each paper and electronic 

18 copy of the record; 

19 ‘‘(3) seal each paper and electronic copy of the 

20 record in the possession of the court; and 

21 ‘‘(4) after receiving a written certification from 

22 each entity or person under paragraph (2)(B), notify 

23 the petitioner that each entity or person described in 

24 paragraph (1) has sealed each paper and electronic 

25 copy of the record. 


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1 ‘‘(c) PROTECTION FROM PERJURY LAWS.—Except as 

2 provided in subsection (f)(3)(A), a petitioner with respect 

3 to whom a sealing order has been entered for a qualifying 

4 offense shall not be subject to prosecution under any civil 

5 or criminal provision of Federal or State law relating to 

6 perjury, false swearing, or making a false statement, in7 cluding section 1001, 1621, 1622, or 1623, for failing to 

8 recite or acknowledge any protected information with re9 spect to the offense or respond to any inquiry made of 

10 the petitioner, relating to the protected information, for 

11 any purpose. 

12 ‘‘(d) ATTORNEY GENERAL NONPUBLIC RECORDS.— 

13 The Attorney General— 

14 ‘‘(1) shall maintain a nonpublic record of all 

15 protected information that has been sealed under 

16 this subchapter; and 

17 ‘‘(2) may access or utilize protected information 

18 only— 

19 ‘‘(A) for legitimate investigative purposes; 

20 ‘‘(B) in defense of any civil suit arising out 

21 of the facts of the arrest or subsequent pro22 ceedings; or 

23 ‘‘(C) if the Attorney General determines 

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1 ests of justice, public safety, or national secu2 rity. 

3 ‘‘(e) LAW ENFORCEMENT ACCESS.—A Federal or 

4 State law enforcement agency may access a record that 

5 is sealed under this subchapter solely— 

6 ‘‘(1) to determine whether the individual to 

7 whom the record relates is eligible for a first-time8 offender diversion program; 

9 ‘‘(2) for investigatory, prosecutorial, or Federal 

10 supervision purposes; or 

11 ‘‘(3) for a background check that relates to law 

12 enforcement employment or any employment that re13 quires a government security clearance. 

14 ‘‘(f) PROHIBITION ON DISCLOSURE.— 

15 ‘‘(1) PROHIBITION.—Except as provided in 

16 paragraph (3), it shall be unlawful to intentionally 

17 make or attempt to make an unauthorized disclosure 

18 of any protected information from a record that has 

19 been sealed under this subchapter. 

20 ‘‘(2) PENALTY.—Any person who violates para21 graph (1) shall be fined under this title, imprisoned 

22 for not more than 1 year, or both. 

23 ‘‘(3) EXCEPTIONS.— 

24 ‘‘(A) BACKGROUND CHECKS.—An indi25 vidual who is the subject of a record sealed 


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1 under this subchapter shall, and a Federal or 

2 State law enforcement agency that possesses 

3 such a record may, disclose the record in the 

4 case of a background check for— 

5 ‘‘(i) law enforcement employment; or 

6 ‘‘(ii) any position that a Federal agen7 cy designates as a— 

8 ‘‘(I) national security position; or 

9 ‘‘(II) high-risk, public trust posi10 tion. 

11 ‘‘(B) DISCLOSURE TO ARMED FORCES.—A 

12 person may disclose protected information from 

13 a record sealed under this subchapter to the 

14 Secretaries of the military departments (or the 

15 Secretary of Homeland Security with respect to 

16 the Coast Guard when it is not operating as a 

17 service in the Navy) for the purpose of vetting 

18 an enlistment or commission, or with regard to 

19 any member of the Armed Forces. 

20 ‘‘(C) CRIMINAL AND JUVENILE PRO21 CEEDINGS.—A prosecutor may disclose pro22 tected information from a record sealed under 

23 this subchapter if the information pertains to a 

24 potential witness in a Federal or State— 

25 ‘‘(i) criminal proceeding; or 


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1 ‘‘(ii) juvenile delinquency proceeding. 

2 ‘‘(D) AUTHORIZATION FOR INDIVIDUAL TO

3 DISCLOSE OWN RECORD.—An individual who is 

4 the subject of a record sealed under this sub5 chapter may choose to disclose the record.’’. 

6 (b) APPLICABILITY.—The right to file a sealing peti7 tion under section 3642(a) of title 18, United States Code, 

8 as added by subsection (a), shall apply with respect to a 

9 qualifying offense (as defined in section 3641(a) of such 

10 title) that is committed or alleged to have been committed 

11 before, on, or after the date of enactment of this Act. 

12 (c) TRANSITION PERIOD FOR HEARINGS DEAD13 LINE.—During the 1-year period beginning on the date 

14 of enactment of this Act, section 3642(b)(2)(A) of title 

15 18, United States Code, as added by subsection (a), shall 

16 be applied by substituting ‘‘1 year’’ for ‘‘180 days’’. 

17 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

18 The table of subchapters for chapter 229 of title 18, 

19 United States Code, is amended by adding at the end the 

20 following: 

‘‘E. Sealing of Criminal Records ................................................. 3641’’. 

21 SEC. 3. STATE INCENTIVES. 

22 (a) COPS GRANTS PRIORITY.—Section 1701 of title 

23 I of the Omnibus Crime Control and Safe Streets Act of 

24 1968 (34 U.S.C. 10381) is amended— 

25 (1) in subsection (c)— 


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1 (A) in paragraph (2), by striking ‘‘or’’ at 

2 the end; 

3 (B) in paragraph (3), by striking the pe4 riod at the end and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(4) subject to subsection (n), from an appli7 cant in a State that has in effect— 

8 ‘‘(A) a law relating to the sealing of adult 

9 records that is substantially similar to, or more 

10 generous to the former offender than, the 

11 amendments made by section 2 of the Clean 

12 Start Act; or 

13 ‘‘(B) a law that allows an individual who 

14 has successfully sealed a criminal record to be 

15 free from civil and criminal perjury laws.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(n) DEGREE OF PRIORITY RELATING TO SEALING

18 LAWS COMMENSURATE WITH DEGREE OF COMPLI19 ANCE.—If the Attorney General, in awarding grants under 

20 this part, gives preferential consideration to any applica21 tion as authorized under subsection (c)(4), the Attorney 

22 General shall base the degree of preferential consideration 

23 given to an application from an applicant in a particular 

24 State on the number of subparagraphs under subsection 

25 (c)(4) that the State has satisfied, relative to the number 


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1 of such subparagraphs that each other State has satis2 fied.’’. 

3 (b) ATTORNEY GENERAL GUIDELINES AND TECH4 NICAL ASSISTANCE.—The Attorney General shall issue 

5 guidelines and provide technical assistance to assist States 

6 in complying with the incentive under section 1701(c)(4) 

7 of title I of the Omnibus Crime Control and Safe Streets 

8 Act of 1968 (34 U.S.C. 10381(c)(4)), as added by sub9 section (a). 

Æ 


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