I 

116TH CONGRESS 

1ST SESSION H. R. 1893 

To reform sentencing, prisons, re-entry of prisoners, and law enforcement 

practices, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2019 

Mrs. WATSON COLEMAN introduced the following bill; which was referred to 

the Committee on the Judiciary, and in addition to the Committees on 

Energy and Commerce, Financial Services, Agriculture, Natural Resources, Oversight and Reform, House Administration, Armed Services, 

Education and Labor, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reform sentencing, prisons, re-entry of prisoners, and 

law enforcement practices, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Next Step Act of 2019’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 


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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. 


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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. 

1 DIVISION A—SENTENCING RE2 FORM: ENDING MASS INCAR3 CERATION 

4 TITLE I—ELIMINATION OF 

5 CRACK COCAINE SENTENC6 ING DISPARITY 

7 SEC. 101. ELIMINATION OF INCREASED PENALTIES FOR CO8 CAINE OFFENSES WHERE THE COCAINE IN9 VOLVED IS COCAINE BASE. 

10 (a) CONTROLLED SUBSTANCES ACT.—The following 

11 provisions of the Controlled Substances Act (21 U.S.C. 

12 801 et seq.) are repealed: 

13 (1) Clause (iii) of section 401(b)(1)(A). 


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1 (2) Clause (iii) of section 401(b)(1)(B). 

2 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

3 ACT.—The following provisions of the Controlled Sub4 stances Import and Export Act (21 U.S.C. 951 et seq.) 

5 are repealed: 

6 (1) Subparagraph (C) of section 1010(b)(1). 

7 (2) Subparagraph (C) of section 1010(b)(2). 

8 (c) APPLICABILITY TO PENDING AND PAST CASES.— 

9 (1) PENDING CASES.—This section, and the 

10 amendments made by this section, shall apply to any 

11 offense that was committed before the date of enact12 ment of this Act, if a sentence for the offense has 

13 not been imposed as of such date of enactment. 

14 (2) PAST CASES.—In the case of a defendant 

15 who, before the date of enactment of this Act, was 

16 convicted of an offense for which the penalty is 

17 amended by this section and was sentenced to a 

18 term of imprisonment for the offense, the sentencing 

19 court may, on motion of the defendant or the Direc20 tor of the Bureau of Prisons, or on its own motion, 

21 reduce the term of imprisonment for the offense, 

22 after considering the factors set forth in section 

23 3553(a) of title 18, United States Code, to the ex24 tent the factors are applicable, if such a reduction 

25 is consistent with— 


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1 (A) this section and the amendments made 

2 by this section; and 

3 (B) applicable policy statements issued by 

4 the United States Sentencing Commission. 

5 TITLE II—MARIJUANA JUSTICE 

6 ACT 

7 SEC. 201. SHORT TITLE. 

8 This title may be cited as the ‘‘Marijuana Justice Act 

9 of 2019’’. 

10 SEC. 202. DE-SCHEDULING MARIHUANA. 

11 (a) MARIHUANA REMOVED FROM SCHEDULE OF

12 CONTROLLED SUBSTANCES.—Subsection (c) of schedule 

13 I of section 202(c) of the Controlled Substances Act (21 

14 U.S.C. 812) is amended— 

15 (1) by striking ‘‘marihuana’’; and 

16 (2) by striking ‘‘tetrahydrocannabinols’’. 

17 (b) REMOVAL OF PROHIBITION ON IMPORT AND EX18 PORT.—Section 1010(b) of the Controlled Substances Im19 port and Export Act (21 U.S.C. 960) is amended— 

20 (1) in paragraph (1)— 

21 (A) in subparagraph (F), by inserting ‘‘or’’ 

22 after the semicolon; 

23 (B) by striking subparagraph (G); and 

24 (C) by redesignating subparagraph (H) as 

25 subparagraph (G); 


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1 (2) in paragraph (2)— 

2 (A) in subparagraph (F), by inserting ‘‘or’’ 

3 after the semicolon; 

4 (B) by striking subparagraph (G); and 

5 (C) by redesignating subparagraph (H) as 

6 subparagraph (G); 

7 (3) in paragraph (3), by striking ‘‘paragraphs 

8 (1), (2), and (4)’’ and inserting ‘‘paragraphs (1) and 

9 (2)’’; 

10 (4) by striking paragraph (4); and 

11 (5) by redesignating paragraphs (5), (6), and 

12 (7) as paragraphs (4), (5), and (6), respectively. 

13 (c) CONFORMING AMENDMENTS TO CONTROLLED

14 SUBSTANCES ACT.—The Controlled Substances Act (21 

15 U.S.C. 801 et seq.) is amended— 

16 (1) in section 102(44) (21 U.S.C. 802(44)), by 

17 striking ‘‘marihuana,’’; 

18 (2) in section 401(b) (21 U.S.C. 841(b))— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (A)— 

21 (I) in clause (vi), by inserting 

22 ‘‘or’’ after the semicolon; 

23 (II) by striking (vii); and 

24 (III) by redesignating clause 

25 (viii) as clause (vii); 


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1 (ii) in subparagraph (B)— 

2 (I) by striking clause (vii); and 

3 (II) by redesignating clause (viii) 

4 as clause (vii); 

5 (iii) in subparagraph (C), in the first 

6 sentence, by striking ‘‘subparagraphs (A), 

7 (B), and (D)’’ and inserting ‘‘subpara8 graphs (A) and (B)’’; 

9 (iv) by striking subparagraph (D); 

10 (v) by redesignating subparagraph (E) 

11 as subparagraph (D); and 

12 (vi) in subparagraph (D)(i), as so re13 designated, by striking ‘‘subparagraphs (C) 

14 and (D)’’ and inserting ‘‘subparagraph 

15 (C)’’; 

16 (B) by striking paragraph (4); and 

17 (C) by redesignating paragraphs (5), (6), 

18 and (7) as paragraphs (4), (5), and (6), respec19 tively; 

20 (3) in section 402(c)(2)(B) (21 U.S.C. 

21 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 

22 (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 

23 by striking ‘‘, marihuana,’’; 

24 (5) in section 418(a) (21 U.S.C. 859(a)), by 

25 striking the last sentence; 


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1 (6) in section 419(a) (21 U.S.C. 860(a)), by 

2 striking the last sentence; 

3 (7) in section 422(d) (21 U.S.C. 863(d))— 

4 (A) in the matter preceding paragraph (1), 

5 by striking ‘‘marijuana,’’; and 

6 (B) in paragraph (5), by striking ‘‘, such 

7 as a marihuana cigarette,’’; and 

8 (8) in section 516(d) (21 U.S.C. 886(d)), by 

9 striking ‘‘section 401(b)(6)’’ each place the term ap10 pears and inserting ‘‘section 401(b)(5)’’. 

11 (d) OTHER CONFORMING AMENDMENTS.— 

12 (1) NATIONAL FOREST SYSTEM DRUG CONTROL

13 ACT OF 1986.—The National Forest System Drug 

14 Control Act of 1986 (16 U.S.C. 559b et seq.) is 

15 amended— 

16 (A) in section 15002(a) (16 U.S.C. 

17 559b(a)) by striking ‘‘marijuana and other’’; 

18 (B) in section 15003(2) (16 U.S.C. 

19 559c(2)) by striking ‘‘marijuana and other’’; 

20 and 

21 (C) in section 15004(2) (16 U.S.C. 

22 559d(2)) by striking ‘‘marijuana and other’’. 

23 (2) INTERCEPTION OF COMMUNICATIONS.—Sec24 tion 2516 of title 18, United States Code, is amend25 ed— 


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1 (A) in subsection (1)(e), by striking ‘‘mari2 huana,’’; and 

3 (B) in subsection (2) by striking ‘‘mari4 huana,’’. 

5 SEC. 203. INELIGIBILITY FOR CERTAIN FUNDS. 

6 (a) DEFINITIONS.—In this section— 

7 (1) the term ‘‘covered State’’ means a State 

8 that has not enacted a statute legalizing marijuana 

9 in the State; 

10 (2) the term ‘‘disproportionate arrest rate’’ 

11 means— 

12 (A) the percentage of minority individuals 

13 arrested for a marijuana related offense in a 

14 State is higher than the percentage of the non15 minority individual population of the State, as 

16 determined by the most recent census data; or 

17 (B) the percentage of low-income individ18 uals arrested for a marijuana offense in a State 

19 is higher than the percentage of the population 

20 of the State that are not low-income individ21 uals, as determined by the most recent census 

22 data; 

23 (3) the term ‘‘disproportionate incarceration 

24 rate’’ means the percentage of minority individuals 

25 incarcerated for a marijuana related offense in a 


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1 State is higher than the percentage of the non-mi2 nority individual population of the State, as deter3 mined by the most recent census data; 

4 (4) the term ‘‘low-income individual’’ means an 

5 individual whose taxable income (as defined in sec6 tion 63 of the Internal Revenue Code of 1986) is 

7 equal to or below the maximum dollar amount for 

8 the 15 percent rate bracket applicable to the indi9 vidual under section 1 of the Internal Revenue Code 

10 of 1986; 

11 (5) the term ‘‘marijuana’’ has the meaning 

12 given the term ‘‘marihuana’’ in section 102 of the 

13 Controlled Substances Act (21 U.S.C. 802); and 

14 (6) the term ‘‘minority individual’’ means an in15 dividual who is a member of a racial or ethnic mi16 nority group. 

17 (b) INELIGIBILITY FOR CERTAIN FUNDS.— 

18 (1) IN GENERAL.—For any fiscal year begin19 ning after the date of enactment of this Act in which 

20 the Attorney General, acting through the Director of 

21 the Bureau of Justice Assistance, determines that a 

22 covered State has a disproportionate arrest rate or 

23 a disproportionate incarceration rate for marijuana 

24 offenses, the covered State— 


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1 (A) shall not be eligible to receive any Fed2 eral funds for the construction or staffing of a 

3 prison or jail; and 

4 (B) shall be subject to not more than a 10- 

5 percent reduction of the funds that would oth6 erwise be allocated for that fiscal year to the 

7 covered State under subpart 1 of part E of title 

8 I of the Omnibus Crime Control and Safe 

9 Streets Act of 1968 (34 U.S.C. 3750 et seq.), 

10 whether characterized as the Edward Byrne 

11 Memorial State and Local Law Enforcement 

12 Assistance Programs, the Local Government 

13 Law Enforcement Block Grants Program, the 

14 Edward Byrne Memorial Justice Assistance 

15 Grant Program, or otherwise. 

16 (2) FUNDS FOR CERTAIN PROGRAMMING.—For 

17 purposes of paragraph (1)(A), Federal funds for the 

18 construction or staffing of a prison or jail shall not 

19 include Federal funds used by a prison or jail to 

20 carry out recidivism reduction programming or drug 

21 addiction treatment. 

22 (3) REALLOCATION.—Any amounts not award23 ed to a covered State because of a determination 

24 under paragraph (1) shall be deposited in the ComVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 munity Reinvestment Fund established under section 

2 104. 

3 (c) EXPUNGEMENT OF MARIJUANA OFFENSE CON4 VICTIONS.—Each Federal court shall issue an order 

5 expunging each conviction for a marijuana use or posses6 sion offense entered by the court before the date of enact7 ment of this Act. 

8 (d) SENTENCING REVIEW.— 

9 (1) IN GENERAL.—For any individual who was 

10 sentenced to a term of imprisonment for a Federal 

11 criminal offense involving marijuana before the date 

12 of enactment of this Act and is still serving such 

13 term of imprisonment, the court that imposed the 

14 sentence, shall, on motion of the individual, the Di15 rector of the Bureau of Prisons, the attorney for the 

16 Government, or the court, conduct a sentencing 

17 hearing. 

18 (2) POTENTIAL REDUCED RESENTENCING.— 

19 After a sentencing hearing under paragraph (1), a 

20 court may impose a sentence on the individual as if 

21 this title, and the amendments made by this title, 

22 were in effect at the time the offense was committed. 

23 (e) RIGHT OF ACTION.— 

24 (1) IN GENERAL.—An individual who is ag25 grieved by a disproportionate arrest rate or a disVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 proportionate incarceration rate of a State may 

2 bring a civil action in an appropriate district court 

3 of the United States. 

4 (2) RELIEF.—In a civil action brought under 

5 this subsection in which the plaintiff prevails, the 

6 court shall— 

7 (A) grant all necessary equitable and legal 

8 relief, including declaratory relief; and 

9 (B) issue an order requiring the Attorney 

10 General, acting through the Director of the Bu11 reau of Justice Assistance, to— 

12 (i) declare the State to be ineligible to 

13 receive any Federal funds for the construc14 tion or staffing of a prison or jail in ac15 cordance with subsection (b)(1)(A); and 

16 (ii) reduce grant funding of the State 

17 in accordance with subsection (b)(1)(B). 

18 SEC. 204. COMMUNITY REINVESTMENT FUND. 

19 (a) ESTABLISHMENT.—There is established in the 

20 Treasury of the United States a fund, to be known as the 

21 ‘‘Community Reinvestment Fund’’ (referred to in this sec22 tion as the ‘‘Fund’’). 

23 (b) DEPOSITS.—The Fund shall consist of— 


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1 (1) any amounts not awarded to a covered 

2 State because of a determination under section 

3 203(b)(1); and 

4 (2) any amounts otherwise appropriated to the 

5 Fund. 

6 (c) USE OF FUND AMOUNTS.—Amounts in the Fund 

7 shall be available to the Secretary of Housing and Urban 

8 Development to establish a grant program to reinvest in 

9 communities most affected by the war on drugs, which 

10 shall include providing grants to impacted communities for 

11 programs such as— 

12 (1) job training; 

13 (2) reentry services; 

14 (3) expenses related to the expungement of con15 victions; 

16 (4) public libraries; 

17 (5) community centers; 

18 (6) programs and opportunities dedicated to 

19 youth; 

20 (7) the special purpose fund discussed below; 

21 and 

22 (8) health education programs. 

23 (d) AVAILABILITY OF FUND AMOUNTS.—Amounts in 

24 the Fund shall be available without fiscal year limitation. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Fund 

3 $500,000,000 for each of fiscal years 2019 through 2041. 

4 TITLE III—SMARTER 

5 SENTENCING ACT 

6 SEC. 301. SHORT TITLE. 

7 This title may be cited as the ‘‘Smarter Sentencing 

8 Act of 2019’’. 

9 SEC. 302. SENTENCING MODIFICATIONS FOR CERTAIN 

10 DRUG OFFENSES. 

11 (a) CONTROLLED SUBSTANCES ACT.—The Con12 trolled Substances Act (21 U.S.C. 801 et seq.) is amend13 ed— 

14 (1) in section 102 (21 U.S.C. 802)— 

15 (A) by redesignating paragraph (58) as 

16 paragraph (59); 

17 (B) by redesignating the second paragraph 

18 (57) (relating to the term ‘‘serious drug fel19 ony’’) as paragraph (58); and 

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

21 ‘‘(60) The term ‘courier’ means a defendant whose 

22 role in the offense was limited to transporting or storing 

23 drugs or money.’’; and 

24 (2) in section 401(b)(1) (21 U.S.C. 

25 841(b)(1))— 


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1 (A) in subparagraph (A), in the flush text 

2 following clause (viii)— 

3 (i) by striking ‘‘10 years or more’’ 

4 and inserting ‘‘5 years or more’’; 

5 (ii) by striking ‘‘such person shall be 

6 sentenced to a term of imprisonment which 

7 may not be less than 15 years and’’ and 

8 inserting ‘‘such person shall be sentenced 

9 to a term of imprisonment of not less than 

10 10 years and’’; and 

11 (B) in subparagraph (B), in the flush text 

12 following clause (viii)— 

13 (i) by striking ‘‘5 years’’ and inserting 

14 ‘‘2 years’’; and 

15 (ii) by striking ‘‘not be less than 10 

16 years’’ and inserting ‘‘not be less than 5 

17 years’’. 

18 (b) CONTROLLED SUBSTANCES IMPORT AND EXPORT

19 ACT.—Section 1010(b) of the Controlled Substances Im20 port and Export Act (21 U.S.C. 960(b)) is amended— 

21 (1) in paragraph (1), in the flush text following 

22 subparagraph (H)— 

23 (A) by inserting ‘‘, other than a person 

24 who is a courier,’’ after ‘‘such violation’’; 


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1 (B) by striking ‘‘person commits’’ and in2 serting ‘‘person, other than a courier, com3 mits’’; and 

4 (C) by inserting ‘‘If a person who is a cou5 rier commits such a violation, the person shall 

6 be sentenced to a term of imprisonment of not 

7 less than 5 years and not more than life. If a 

8 person who is a courier commits such a viola9 tion after a prior conviction for a felony drug 

10 offense has become final, the person shall be 

11 sentenced to a term of imprisonment of not less 

12 than 10 years and not more than life.’’ before 

13 ‘‘Notwithstanding section 3583’’; and 

14 (2) in paragraph (2), in the flush text following 

15 subparagraph (H)— 

16 (A) by inserting ‘‘, other than a person 

17 who is a courier,’’ after ‘‘such violation’’; 

18 (B) by striking ‘‘person commits’’ and in19 serting ‘‘person, other than a courier, com20 mits’’; and 

21 (C) by inserting ‘‘If a person who is a cou22 rier commits such a violation, the person shall 

23 be sentenced to a term of imprisonment of not 

24 less than 2 years and not more than life. If a 

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1 tion after a prior conviction for a felony drug 

2 offense has become final, the person shall be 

3 sentenced to a term of imprisonment of not less 

4 than 5 years and not more than life.’’ before 

5 ‘‘Notwithstanding section 3583’’. 

6 SEC. 303. DIRECTIVE TO THE SENTENCING COMMISSION. 

7 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur8 suant to its authority under section 994(p) of title 28, 

9 United States Code, and in accordance with this section, 

10 the United States Sentencing Commission shall review and 

11 amend, if appropriate, its guidelines and its policy state12 ments applicable to persons convicted of an offense under 

13 section 401 of the Controlled Substances Act (21 U.S.C. 

14 841) or section 1010 of the Controlled Substances Import 

15 and Export Act (21 U.S.C. 960) to ensure that the guide16 lines and policy statements are consistent with the amend17 ments made by section 302 of this title and reflect the 

18 intent of Congress that such penalties be decreased in ac19 cordance with the amendments made by such section 302. 

20 (b) CONSIDERATIONS.—In carrying out this section, 

21 the United States Sentencing Commission shall con22 sider— 

23 (1) the mandate of the United States Sen24 tencing Commission, under section 994(g) of title 

25 28, United States Code, to formulate the sentencing 


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1 guidelines in such a way as to ‘‘minimize the likeli2 hood that the Federal prison population will exceed 

3 the capacity of the Federal prisons’’; 

4 (2) the findings and conclusions of the United 

5 States Sentencing Commission in its October 2011 

6 report to Congress entitled, Mandatory Minimum 

7 Penalties in the Federal Criminal Justice System; 

8 (3) the fiscal implications of any amendments 

9 or revisions to the sentencing guidelines or policy 

10 statements made by the United States Sentencing 

11 Commission; 

12 (4) the relevant public safety concerns involved 

13 in the considerations before the United States Sen14 tencing Commission; 

15 (5) the intent of Congress that penalties for 

16 violent, repeat, and serious drug traffickers who 

17 present public safety risks remain appropriately se18 vere; and 

19 (6) the need to reduce and prevent racial dis20 parities in Federal sentencing. 

21 (c) EMERGENCY AUTHORITY.—The United States 

22 Sentencing Commission shall— 

23 (1) promulgate the guidelines, policy state24 ments, or amendments provided for in this Act as 

25 soon as practicable, and in any event not later than 


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1 120 days after the date of enactment of this Act, in 

2 accordance with the procedure set forth in section 

3 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 

4 note), as though the authority under that Act had 

5 not expired; and 

6 (2) pursuant to the emergency authority pro7 vided under paragraph (1), make such conforming 

8 amendments to the Federal sentencing guidelines as 

9 the Commission determines necessary to achieve 

10 consistency with other guideline provisions and ap11 plicable law. 

12 SEC. 304. REPORT BY ATTORNEY GENERAL. 

13 Not later than 6 months after the date of enactment 

14 of this Act, the Attorney General shall submit to the Com15 mittees on the Judiciary of the House of Representatives 

16 and the Senate a report outlining how the reduced expend17 itures on Federal corrections and the cost savings result18 ing from this Act will be used to help reduce overcrowding 

19 in the Federal Bureau of Prisons, help increase proper in20 vestment in law enforcement and crime prevention, and 

21 help reduce criminal recidivism, thereby increasing the ef22 fectiveness of Federal criminal justice spending. 

23 SEC. 305. REPORT ON FEDERAL CRIMINAL OFFENSES. 

24 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘criminal regulatory offense’’ 

2 means a Federal regulation that is enforceable by a 

3 criminal penalty; and 

4 (2) the term ‘‘criminal statutory offense’’ 

5 means a criminal offense under a Federal statute. 

6 (b) REPORT ON CRIMINAL STATUTORY OFFENSES.— 

7 Not later than 1 year after the date of enactment of this 

8 Act, the Attorney General shall submit to the Committee 

9 on the Judiciary of the Senate and the Committee on the 

10 Judiciary of the House of Representatives a report, which 

11 shall include— 

12 (1) a list of all criminal statutory offenses, in13 cluding a list of the elements for each criminal stat14 utory offense; and 

15 (2) for each criminal statutory offense listed 

16 under paragraph (1)— 

17 (A) the potential criminal penalty for the 

18 criminal statutory offense; 

19 (B) the number of prosecutions for the 

20 criminal statutory offense brought by the De21 partment of Justice each year for the 15-year 

22 period preceding the date of enactment of this 

23 Act; and 

24 (C) the mens rea requirement for the 

25 criminal statutory offense. 


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1 (c) REPORT ON CRIMINAL REGULATORY OF2 FENSES.— 

3 (1) REPORTS.—Not later than 1 year after the 

4 date of enactment of this Act, the head of each Fed5 eral agency described in paragraph (2) shall submit 

6 to the Committee on the Judiciary of the Senate and 

7 the Committee on the Judiciary of the House of 

8 Representatives a report, which shall include— 

9 (A) a list of all criminal regulatory of10 fenses enforceable by the agency; and 

11 (B) for each criminal regulatory offense 

12 listed under subparagraph (A)— 

13 (i) the potential criminal penalty for a 

14 violation of the criminal regulatory offense; 

15 (ii) the number of violations of the 

16 criminal regulatory offense referred to the 

17 Department of Justice for prosecution in 

18 each of the years during the 15-year period 

19 preceding the date of enactment of this 

20 Act; and 

21 (iii) the mens rea requirement for the 

22 criminal regulatory offense. 

23 (2) AGENCIES DESCRIBED.—The Federal agen24 cies described in this paragraph are the Department 

25 of Agriculture, the Department of Commerce, the 


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1 Department of Education, the Department of En2 ergy, the Department of Health and Human Serv3 ices, the Department of Homeland Security, the De4 partment of Housing and Urban Development, the 

5 Department of the Interior, the Department of 

6 Labor, the Department of Transportation, the De7 partment of the Treasury, the Commodity Futures 

8 Trading Commission, the Consumer Product Safety 

9 Commission, the Equal Employment Opportunity 

10 Commission, the Export-Import Bank of the United 

11 States, the Farm Credit Administration, the Federal 

12 Communications Commission, the Federal Deposit 

13 Insurance Corporation, the Federal Election Com14 mission, the Federal Labor Relations Authority, the 

15 Federal Maritime Commission, the Federal Mine 

16 Safety and Health Review Commission, the Federal 

17 Trade Commission, the National Labor Relations 

18 Board, the National Transportation Safety Board, 

19 the Nuclear Regulatory Commission, the Occupa20 tional Safety and Health Review Commission, the 

21 Office of Compliance, the Postal Regulatory Com22 mission, the Securities and Exchange Commission, 

23 the Securities Investor Protection Corporation, the 

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1 ness Administration, the Federal Housing Finance 

2 Agency, and the Office of Government Ethics. 

3 (d) INDEX.—Not later than 2 years after the date 

4 of enactment of this Act— 

5 (1) the Attorney General shall establish a pub6 licly accessible index of each criminal statutory of7 fense listed in the report required under subsection 

8 (b) and make the index available and freely acces9 sible on the website of the Department of Justice; 

10 and 

11 (2) the head of each agency described in sub12 section (c)(2) shall establish a publicly accessible 

13 index of each criminal regulatory offense listed in 

14 the report required under subsection (c)(1) and 

15 make the index available and freely accessible on the 

16 website of the agency. 

17 (e) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed to require or authorize appropria19 tions. 

20 TITLE IV—PAROLE FOR 

21 JUVENILES 

22 SEC. 401. PAROLE FOR JUVENILES. 

23 (a) IN GENERAL.—Chapter 403 of title 18, United 

24 States Code, is amended by inserting after section 5032 

25 the following: 


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1 ‘‘§ 5032A. Modification of an imposed term of impris2 onment for violations of law committed 

3 prior to age 18 

4 ‘‘(a) IN GENERAL.—Notwithstanding any other pro5 vision of law, a court may reduce a term of imprisonment 

6 imposed upon a defendant convicted as an adult for an 

7 offense committed and completed before the defendant at8 tained 18 years of age if— 

9 ‘‘(1) the defendant has served not less than 20 

10 years in custody for the offense; and 

11 ‘‘(2) the court finds, after considering the fac12 tors set forth in subsection (c), that the defendant 

13 is not a danger to the safety of any person or the 

14 community and that the interests of justice warrant 

15 a sentence modification. 

16 ‘‘(b) SUPERVISED RELEASE.—Any defendant whose 

17 sentence is reduced pursuant to subsection (a) shall be or18 dered to serve a period of supervised release of not less 

19 than 5 years following release from imprisonment. The 

20 conditions of supervised release and any modification or 

21 revocation of the term of supervise release shall be in ac22 cordance with section 3583. 

23 ‘‘(c) FACTORS AND INFORMATION TO BE CONSID24 ERED IN DETERMINING WHETHER TO MODIFY A TERM

25 OF IMPRISONMENT.—The court, in determining whether 


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1 to reduce a term of imprisonment pursuant to subsection 

2 (a), shall consider— 

3 ‘‘(1) the factors described in section 3553(a), 

4 including the nature of the offense and the history 

5 and characteristics of the defendant; 

6 ‘‘(2) the age of the defendant at the time of the 

7 offense; 

8 ‘‘(3) a report and recommendation of the Bu9 reau of Prisons, including information on whether 

10 the defendant has substantially complied with the 

11 rules of each institution in which the defendant has 

12 been confined and whether the defendant has com13 pleted any educational, vocational, or other prison 

14 program, where available; 

15 ‘‘(4) a report and recommendation of the 

16 United States attorney for any district in which an 

17 offense for which the defendant is imprisoned was 

18 prosecuted; 

19 ‘‘(5) whether the defendant has demonstrated 

20 maturity, rehabilitation, and a fitness to reenter so21 ciety sufficient to justify a sentence reduction; 

22 ‘‘(6) any statement, which may be presented 

23 orally or otherwise, by any victim of an offense for 

24 which the defendant is imprisoned or by a family 

25 member of the victim if the victim is deceased; 


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1 ‘‘(7) any report from a physical, mental, or psy2 chiatric examination of the defendant conducted by 

3 a licensed health care professional; 

4 ‘‘(8) the family and community circumstances 

5 of the defendant at the time of the offense, including 

6 any history of abuse, trauma, or involvement in the 

7 child welfare system; 

8 ‘‘(9) the extent of the role of the defendant in 

9 the offense and whether, and to what extent, an 

10 adult was involved in the offense; 

11 ‘‘(10) the diminished culpability of juveniles as 

12 compared to that of adults, and the hallmark fea13 tures of youth, including immaturity, impetuosity, 

14 and failure to appreciate risks and consequences, 

15 which counsel against sentencing juveniles to the 

16 otherwise applicable term of imprisonment; and 

17 ‘‘(11) any other information the court deter18 mines relevant to the decision of the court. 

19 ‘‘(d) LIMITATION ON APPLICATIONS PURSUANT TO

20 THIS SECTION.— 

21 ‘‘(1) SECOND APPLICATION.—Not earlier than 

22 5 years after the date on which an order entered by 

23 a court on an initial application under this section 

24 becomes final, a court shall entertain a second appli25 cation by the same defendant under this section. 


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1 ‘‘(2) FINAL APPLICATION.—Not earlier than 5 

2 years after the date on which an order entered by 

3 a court on a second application under paragraph (1) 

4 becomes final, a court shall entertain a final applica5 tion by the same defendant under this section. 

6 ‘‘(3) PROHIBITION.—A court may not entertain 

7 an application filed after an application filed under 

8 paragraph (2) by the same defendant. 

9 ‘‘(e) PROCEDURES.— 

10 ‘‘(1) NOTICE.—The Bureau of Prisons shall 

11 provide written notice of this section to— 

12 ‘‘(A) any defendant who has served not 

13 less than 19 years in prison for an offense com14 mitted and completed before the defendant at15 tained 18 years of age for which the defendant 

16 was convicted as an adult; and 

17 ‘‘(B) the sentencing court, the United 

18 States attorney, and the Federal Public De19 fender or Executive Director of the Community 

20 Defender Organization for the judicial district 

21 in which the sentence described in subpara22 graph (A) was imposed. 

23 ‘‘(2) CRIME VICTIMS RIGHTS.—Upon receiving 

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1 ney shall provide any notifications required under 

2 section 3771. 

3 ‘‘(3) APPLICATION.— 

4 ‘‘(A) IN GENERAL.—An application for a 

5 sentence reduction under this section shall be 

6 filed as a motion to reduce the sentence of the 

7 defendant and may include affidavits or other 

8 written material. 

9 ‘‘(B) REQUIREMENT.—A motion to reduce 

10 a sentence under this section shall be filed with 

11 the sentencing court and a copy shall be served 

12 on the United States attorney for the judicial 

13 district in which the sentence was imposed. 

14 ‘‘(4) EXPANDING THE RECORD; HEARING.— 

15 ‘‘(A) EXPANDING THE RECORD.—After the 

16 filing of a motion to reduce a sentence under 

17 this section, the court may direct the parties to 

18 expand the record by submitting additional 

19 written materials relating to the motion. 

20 ‘‘(B) HEARING.— 

21 ‘‘(i) IN GENERAL.—The court shall 

22 conduct a hearing on the motion, at which 

23 the defendant and counsel for the defend24 ant shall be given the opportunity to be 

25 heard. 


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1 ‘‘(ii) EVIDENCE.—In a hearing under 

2 this section, the court may allow parties to 

3 present evidence. 

4 ‘‘(iii) DEFENDANT’S PRESENCE.—At 

5 a hearing under this section, the defendant 

6 shall be present unless the defendant 

7 waives the right to be present. The re8 quirement under this clause may be satis9 fied by the defendant appearing by video 

10 teleconference. 

11 ‘‘(iv) COUNSEL.—A defendant who is 

12 unable to obtain counsel is entitled to have 

13 counsel appointed to represent the defend14 ant for proceedings under this section, in15 cluding any appeal, unless the defendant 

16 waives the right to counsel. 

17 ‘‘(v) FINDINGS.—The court shall state 

18 in open court, and file in writing, the rea19 sons for granting or denying a motion 

20 under this section. 

21 ‘‘(C) APPEAL.—The Government or the 

22 defendant may file a notice of appeal in the dis23 trict court for review of a final order under this 

24 section. The time limit for filing such appeal 


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1 shall be governed by rule 4(a) of the Federal 

2 Rules of Appellate Procedure. 

3 ‘‘(f) EDUCATIONAL AND REHABILITATIVE PRO4 GRAMS.—A defendant who is convicted and sentenced as 

5 an adult for an offense committed and completed before 

6 the defendant attained 18 years of age may not be de7 prived of any educational, training, or rehabilitative pro8 gram that is otherwise available to the general prison pop9 ulation.’’. 

10 (b) TABLE OF SECTIONS.—The table of sections for 

11 chapter 403 of title 18, United States Code, is amended 

12 by inserting after the item relating to section 5032 the 

13 following: 

‘‘5032A. Modification of an imposed term of imprisonment for violations of law 

committed prior to age 18.’’. 

14 (c) APPLICABILITY.—The amendments made by this 

15 section shall apply to any conviction entered before, on, 

16 or after the date of enactment of this Act. 

17 TITLE V—REVERSE MASS 

18 INCARCERATION 

19 SEC. 501. SHORT TITLE. 

20 This title may be cited as the ‘‘Reverse Mass Incar21 ceration Act of 2019’’. 


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1 SEC. 502. GRANT PROGRAM. 

2 (a) IN GENERAL.—Title I of the Omnibus Crime 

3 Control and Safe Street Act of 1968 (34 U.S.C. 10101 

4 et seq.) is amended by adding at the end the following: 

5 ‘‘PART OO—STATE PRISON POPULATION 

6 REDUCTION GRANT PROGRAM 

7 ‘‘SEC. 3051. GRANT PROGRAM. 

8 ‘‘(a) IN GENERAL.—The Attorney General may make 

9 grants to States to assist States in reducing crime rates 

10 and incarcerations. 

11 ‘‘(b) ELIGIBILITY.—A State shall be eligible to re12 ceive a grant under this section if the State demonstrates 

13 that, during the 3-year period preceding the application 

14 for a grant under this section— 

15 ‘‘(1) the total number of individuals incarcer16 ated in correctional or detention facilities in the 

17 State was reduced by not less than 7 percent; and 

18 ‘‘(2) the rate of crime within the State did not 

19 increase by more than 3 percent. 

20 ‘‘(c) APPLICATION.—An eligible State seeking a 

21 grant under this section shall submit to the Attorney Gen22 eral an application in such form and manner and at such 

23 time as the Attorney General requires, which shall include 

24 a clear methodology based on population size and other 

25 factors. 


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1 ‘‘(d) USE OF GRANT FUNDS.—A grant awarded 

2 under this section shall be used by a State to implement 

3 evidence-based programs designed to reduce crime rates 

4 and incarcerations.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

6 1001(a) of title I of the Omnibus Crime Control and Safe 

7 Streets Act of 1968 (34 U.S.C. 10261(a)) is amended by 

8 adding at the end the following: 

9 ‘‘(29) There are authorized to be appropriated to 

10 carry out part OO $2,000,000,000 for each of fiscal years 

11 2020 through 2029.’’. 

12 DIVISION B—PRISON REFORM 

13 TITLE VI—DIGNITY ACT 

14 SEC. 601. SHORT TITLE. 

15 This title may be cited as the ‘‘Dignity for Incarcer16 ated Women Act of 2019’’ or the ‘‘Dignity Act’’. 

17 SEC. 602. TREATMENT OF PRIMARY CARETAKER PARENTS 

18 AND OTHER INDIVIDUALS IN FEDERAL PRIS19 ONS. 

20 (a) IN GENERAL.—Chapter 303 of title 18, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘§ 4051. Treatment of primary caretaker parents and 

24 other individuals 

25 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘correctional officer’ means a cor2 rectional officer of the Bureau of Prisons; 

3 ‘‘(2) the term ‘Director’ means the Director of 

4 the Bureau of Prisons; 

5 ‘‘(3) the term ‘primary caretaker parent’ has 

6 the meaning given the term in section 31903 of the 

7 Violent Crime Control and Law Enforcement Act of 

8 1994 (34 U.S.C. 12242); and 

9 ‘‘(4) the term ‘prisoner’ means an individual 

10 who is incarcerated in a Federal penal or correc11 tional institution. 

12 ‘‘(b) VISITATION RULES.—The Director shall pro13 mulgate regulations for visitation between prisoners who 

14 are primary caretaker parents and their family members 

15 under which— 

16 ‘‘(1) a prisoner may receive visits not fewer 

17 than 6 days per week, which shall include Saturday 

18 and Sunday; 

19 ‘‘(2) a Federal penal or correctional institution 

20 shall be open for visitation for not fewer than 8 

21 hours per day; 

22 ‘‘(3) a prisoner may have up to 5 adult visitors 

23 and an unlimited number of child visitors per visit; 

24 and 


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1 ‘‘(4) a prisoner may have physical contact with 

2 visitors unless the prisoner presents an immediate 

3 physical danger to the visitors. 

4 ‘‘(c) PARENTING CLASSES.—The Director shall pro5 vide parenting classes to each prisoner who is a primary 

6 caretaker parent. 

7 ‘‘(d) TRAUMA-INFORMED CARE.— 

8 ‘‘(1) IN GENERAL.—The Director shall provide 

9 trauma-informed care to each prisoner who is diag10 nosed with trauma. 

11 ‘‘(2) IDENTIFICATION AND REFERRAL.—The 

12 Director shall provide training to each correctional 

13 officer and each other employee of the Bureau of 

14 Prisons who regularly interacts with prisoners, in15 cluding health care professionals and instructors, to 

16 enable the employees to identify prisoners with trau17 ma and refer those prisoners to the proper health18 care professional for treatment. 

19 ‘‘(e) OMBUDSMAN.—The Attorney General shall des20 ignate an ombudsman to oversee and monitor, with re21 spect to Federal penal and correctional institutions— 

22 ‘‘(1) prisoner transportation; 

23 ‘‘(2) use of segregated housing; 

24 ‘‘(3) strip searches of prisoners; and 

25 ‘‘(4) civil rights violations. 


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1 ‘‘(f) TELECOMMUNICATIONS.— 

2 ‘‘(1) IN GENERAL.—The Director— 

3 ‘‘(A) may not charge a fee for a telephone 

4 call made by a prisoner; and 

5 ‘‘(B) shall make videoconferencing avail6 able to prisoners in each Federal penal or cor7 rectional institution free of charge. 

8 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

9 paragraph (1)(B) shall be construed to authorize the 

10 Director to use videoconferencing as a substitute for 

11 in-person visits. 

12 ‘‘(g) INMATE HEALTH.— 

13 ‘‘(1) HEALTHCARE PRODUCTS.— 

14 ‘‘(A) AVAILABILITY.—The Director shall 

15 make the healthcare products described in sub16 paragraph (C) available to prisoners for free, in 

17 a quantity that is appropriate to the healthcare 

18 needs of each prisoner. 

19 ‘‘(B) QUALITY OF PRODUCTS.—The Direc20 tor shall ensure that the healthcare products 

21 provided under this paragraph conform with ap22 plicable industry standards. 

23 ‘‘(C) PRODUCTS.—The healthcare products 

24 described in this subparagraph are— 

25 ‘‘(i) tampons; 


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1 ‘‘(ii) sanitary napkins; 

2 ‘‘(iii) moisturizing soap, which may 

3 not be lye-based; 

4 ‘‘(iv) shampoo; 

5 ‘‘(v) body lotion; 

6 ‘‘(vi) Vaseline; 

7 ‘‘(vii) toothpaste; 

8 ‘‘(viii) toothbrushes; 

9 ‘‘(ix) aspirin; 

10 ‘‘(x) ibuprofen; and 

11 ‘‘(xi) any other healthcare product 

12 that the Director determines appropriate. 

13 ‘‘(2) GYNECOLOGIST ACCESS.—The Director 

14 shall ensure that female prisoners have access to a 

15 gynecologist. 

16 ‘‘(h) USE OF SEX-APPROPRIATE CORRECTIONAL OF17 FICERS.— 

18 ‘‘(1) REGULATIONS.—The Director shall pro19 mulgate regulations under which— 

20 ‘‘(A) a correctional officer may not conduct 

21 a strip search of a prisoner of the opposite sex 

22 unless— 

23 ‘‘(i) the prisoner presents a risk of 

24 immediate harm to herself or himself or 

25 others; and 


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1 ‘‘(ii) no other correctional officer of 

2 the same sex as the prisoner is available to 

3 assist; and 

4 ‘‘(B) a correctional officer may not enter a 

5 restroom reserved for prisoners of the opposite 

6 sex unless— 

7 ‘‘(i)(I) a prisoner in the restroom pre8 sents a risk of immediate harm to herself 

9 or himself or others; or 

10 ‘‘(II) there is a medical emergency in 

11 the restroom; and 

12 ‘‘(ii) no other correctional officer of 

13 the appropriate sex is available to assist. 

14 ‘‘(2) RELATION TO OTHER LAWS.—Nothing in 

15 paragraph (1) shall be construed to affect the re16 quirements under the Prison Rape Elimination Act 

17 of 2003 (34 U.S.C. 30301 et seq.).’’. 

18 (b) SUBSTANCE ABUSE TREATMENT.—Section 

19 3621(e) of title 18, United States Code, is amended by 

20 adding at the end the following: 

21 ‘‘(7) ELIGIBILITY OF PRIMARY CARETAKER

22 PARENTS AND PREGNANT WOMEN.—The Bureau of 

23 Prisons may not prohibit a prisoner who is a pri24 mary caretaker parent (as defined in section 4051) 

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1 dential substance abuse treatment provided under 

2 paragraph (1) based on the failure of the individual, 

3 before being committed to the custody of the Bu4 reau, to disclose to any official that the individual 

5 had a substance abuse problem.’’. 

6 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

7 (1) TABLE OF SECTIONS.—The table of sections 

8 for chapter 303 of title 18, United States Code, is 

9 amended by adding at the end the following: 

‘‘4051. Treatment of primary caretaker parents and other individuals.’’. 

10 (2) HEALTHCARE PRODUCTS.—Section 611 of 

11 the First Step Act of 2018 (Public Law 115–391; 

12 132 Stat. 5194) is repealed. 

13 SEC. 603. OVERNIGHT VISIT PILOT PROGRAM. 

14 (a) DEFINITIONS.—In this section— 

15 (1) the term ‘‘Director’’ means the Director of 

16 the Bureau of Prisons; 

17 (2) the term ‘‘primary caretaker parent’’ has 

18 the meaning given the term in section 31903 of the 

19 Violent Crime Control and Law Enforcement Act of 

20 1994 (34 U.S.C. 12242); and 

21 (3) the term ‘‘prisoner’’ means an individual 

22 who is incarcerated in a Federal penal or correc23 tional institution. 

24 (b) PILOT PROGRAM.—The Director shall carry out 

25 a pilot program under which prisoners who are primary 


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1 caretaker parents and meet eligibility criteria established 

2 by the Director may receive overnight visits from family 

3 members. 

4 (c) ELIGIBILITY CRITERIA.—In establishing eligi5 bility criteria for the pilot program under subsection (b), 

6 the Director shall— 

7 (1) require that a prisoner have displayed good 

8 behavior; and 

9 (2) prohibit participation by any prisoner who 

10 has been convicted of a crime of violence (as defined 

11 in section 16 of title 18, United States Code). 

12 DIVISION C—RE-ENTRY REFORM: 

13 REDUCING THE COLLATERAL 

14 CONSEQUENCES OF CONVIC15 TION 

16 TITLE VII—FAIR CHANCE ACT 

17 SEC. 701. SHORT TITLE. 

18 This title may be cited as the ‘‘Fair Chance to Com19 pete for Jobs Act of 2019’’ or the ‘‘Fair Chance Act’’. 

20 SEC. 702. PROHIBITION ON CRIMINAL HISTORY INQUIRIES 

21 PRIOR TO CONDITIONAL OFFER FOR FED22 ERAL EMPLOYMENT. 

23 (a) IN GENERAL.—Subpart H of part III of title 5, 

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

25 following: 


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1 ‘‘CHAPTER 92—PROHIBITION ON CRIMI2 NAL HISTORY INQUIRIES PRIOR TO 

3 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. 

4 ‘‘§ 9201. Definitions 

5 ‘‘In this chapter— 

6 ‘‘(1) the term ‘agency’ means ‘Executive agen7 cy’ as such term is defined in section 105 and in8 cludes— 

9 ‘‘(A) the United States Postal Service and 

10 the Postal Regulatory Commission; and 

11 ‘‘(B) the Executive Office of the President; 

12 ‘‘(2) the term ‘appointing authority’ means an 

13 employee in the executive branch of the Government 

14 of the United States that has authority to make ap15 pointments to positions in the civil service; 

16 ‘‘(3) the term ‘conditional offer’ means an offer 

17 of employment in a position in the civil service that 

18 is conditioned upon the results of a criminal history 

19 inquiry; 

20 ‘‘(4) the term ‘criminal history record informa21 tion’— 


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1 ‘‘(A) except as provided in subparagraphs 

2 (B) and (C), has the meaning given the term in 

3 section 9101(a); 

4 ‘‘(B) includes any information described in 

5 the first sentence of section 9101(a)(2) that has 

6 been sealed or expunged pursuant to law; and 

7 ‘‘(C) includes information collected by a 

8 criminal justice agency, relating to an act or al9 leged act of juvenile delinquency, that is analo10 gous to criminal history record information (in11 cluding such information that has been sealed 

12 or expunged pursuant to law); and 

13 ‘‘(5) the term ‘suspension’ has the meaning 

14 given the term in section 7501. 

15 ‘‘§ 9202. Limitations on requests for criminal history 

16 record information 

17 ‘‘(a) INQUIRIES PRIOR TO CONDITIONAL OFFER.— 

18 Except as provided in subsections (b) and (c), an employee 

19 of an agency may not request, in oral or written form (in20 cluding through the Declaration for Federal Employment 

21 (Office of Personnel Management Optional Form 306) or 

22 any similar successor form, the USAJOBS internet 

23 website, or any other electronic means) that an applicant 

24 for an appointment to a position in the civil service dis25 close criminal history record information regarding the apVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 plicant before the appointing authority extends a condi2 tional offer to the applicant. 

3 ‘‘(b) OTHERWISE REQUIRED BY LAW.—The prohibi4 tion under subsection (a) shall not apply with respect to 

5 an applicant for a position in the civil service if consider6 ation of criminal history record information prior to a con7 ditional offer with respect to the position is otherwise re8 quired by law. 

9 ‘‘(c) EXCEPTION FOR CERTAIN POSITIONS.— 

10 ‘‘(1) IN GENERAL.—The prohibition under sub11 section (a) shall not apply with respect to an appli12 cant for an appointment to a position— 

13 ‘‘(A) that requires a determination of eligi14 bility described in clause (i), (ii), or (iii) of sec15 tion 9101(b)(1)(A); 

16 ‘‘(B) as a Federal law enforcement officer 

17 (as defined in section 115(c) of title 18); or 

18 ‘‘(C) identified by the Director of the Of19 fice of Personnel Management in the regula20 tions issued under paragraph (2). 

21 ‘‘(2) REGULATIONS.— 

22 ‘‘(A) ISSUANCE.—The Director of the Of23 fice of Personnel Management shall issue regu24 lations identifying additional positions with re25 spect to which the prohibition under subsection 


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1 (a) shall not apply, giving due consideration to 

2 positions that involve interaction with minors, 

3 access to sensitive information, or managing fi4 nancial transactions. 

5 ‘‘(B) COMPLIANCE WITH CIVIL RIGHTS

6 LAWS.—The regulations issued under subpara7 graph (A) shall— 

8 ‘‘(i) be consistent with, and in no way 

9 supersede, restrict, or limit the application 

10 of title VII of the Civil Rights Act of 1964 

11 (42 U.S.C. 2000e et seq.) or other relevant 

12 Federal civil rights laws; and 

13 ‘‘(ii) ensure that all hiring activities 

14 conducted pursuant to the regulations are 

15 conducted in a manner consistent with rel16 evant Federal civil rights laws. 

17 ‘‘§ 9203. Agency policies; whistleblower complaint 

18 procedures 

19 ‘‘The Director of the Office of Personnel Manage20 ment shall— 

21 ‘‘(1) develop, implement, and publish a policy to 

22 assist employees of agencies in complying with sec23 tion 9202 and the regulations issued pursuant to 

24 such section; and 


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1 ‘‘(2) establish and publish procedures under 

2 which an applicant for an appointment to a position 

3 in the civil service may submit a complaint, or any 

4 other information, relating to compliance by an em5 ployee of an agency with section 9202. 

6 ‘‘§ 9204. Adverse action 

7 ‘‘(a) FIRST VIOLATION.—If the Director of the Office 

8 of Personnel Management determines, after notice and an 

9 opportunity for a hearing on the record, that an employee 

10 of an agency has violated section 9202, the Director 

11 shall— 

12 ‘‘(1) issue to the employee a written warning 

13 that includes a description of the violation and the 

14 additional penalties that may apply for subsequent 

15 violations; and 

16 ‘‘(2) file such warning in the employee’s official 

17 personnel record file. 

18 ‘‘(b) SUBSEQUENT VIOLATIONS.—If the Director of 

19 the Office of Personnel Management determines, after no20 tice and an opportunity for a hearing on the record, that 

21 an employee that was subject to subsection (a) has com22 mitted a subsequent violation of section 9202, the Director 

23 may take the following action: 

24 ‘‘(1) For a second violation, suspension of the 

25 employee for a period of not more than 7 days. 


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1 ‘‘(2) For a third violation, suspension of the 

2 employee for a period of more than 7 days. 

3 ‘‘(3) For a fourth violation— 

4 ‘‘(A) suspension of the employee for a pe5 riod of more than 7 days; and 

6 ‘‘(B) a civil penalty against the employee 

7 in an amount that is not more than $250. 

8 ‘‘(4) For a fifth violation— 

9 ‘‘(A) suspension of the employee for a pe10 riod of more than 7 days; and 

11 ‘‘(B) a civil penalty against the employee 

12 in an amount that is not more than $500. 

13 ‘‘(5) For any subsequent violation— 

14 ‘‘(A) suspension of the employee for a pe15 riod of more than 7 days; and 

16 ‘‘(B) a civil penalty against the employee 

17 in an amount that is not more than $1,000. 

18 ‘‘§ 9205. Procedures 

19 ‘‘(a) APPEALS.—The Director of the Office of Per20 sonnel Management shall by rule establish procedures pro21 viding for an appeal from any adverse action taken under 

22 section 9204 by not later than 30 days after the date of 

23 the action. 

24 ‘‘(b) APPLICABILITY OF OTHER LAWS.—An adverse 

25 action taken under section 9204 (including a determinaVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 tion in an appeal from such an action under subsection 

2 (a) of this section) shall not be subject to— 

3 ‘‘(1) the procedures under chapter 75; or 

4 ‘‘(2) except as provided in subsection (a) of this 

5 section, appeal or judicial review. 

6 ‘‘§ 9206. Rules of construction 

7 ‘‘Nothing in this chapter may be construed to— 

8 ‘‘(1) authorize any officer or employee of an 

9 agency to request the disclosure of information de10 scribed under subparagraphs (B) and (C) of section 

11 9201(4); or 

12 ‘‘(2) create a private right of action for any 

13 person.’’. 

14 (b) REGULATIONS; EFFECTIVE DATE.— 

15 (1) REGULATIONS.—Not later than 1 year after 

16 the date of enactment of this Act, the Director of 

17 the Office of Personnel Management shall issue such 

18 regulations as are necessary to carry out chapter 92 

19 of title 5, United States Code (as added by sub20 section (a)). 

21 (2) EFFECTIVE DATE.—Section 9202 of title 5, 

22 United States Code (as added by subsection (a)), 

23 shall take effect on the date that is 2 years after the 

24 date of enactment of this Act. 


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1 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

2 The table of chapters for part III of title 5, United States 

3 Code, is amended by inserting after the item relating to 

4 chapter 91 the following: 

‘‘92. Prohibition on criminal history inquiries prior to 

conditional offer .................................................... 9201’’. 

5 (d) APPLICATION TO LEGISLATIVE BRANCH.— 

6 (1) IN GENERAL.—The Congressional Account7 ability Act of 1995 (2 U.S.C. 1301 et seq.) is 

8 amended— 

9 (A) in section 102(a) (2 U.S.C. 1302(a)), 

10 by adding at the end the following: 

11 ‘‘(12) Section 9202 of title 5, United States 

12 Code.’’; 

13 (B) by redesignating section 207 (2 U.S.C. 

14 1317) as section 208; and 

15 (C) by inserting after section 206 (2 

16 U.S.C. 1316) the following new section: 

17 ‘‘SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMI18 NAL HISTORY INQUIRIES. 

19 ‘‘(a) DEFINITIONS.—In this section, the terms ‘agen20 cy’, ‘criminal history record information’, and ‘suspension’ 

21 have the meanings given the terms in section 9201 of title 

22 5, United States Code, except as otherwise modified by 

23 this section. 


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1 ‘‘(b) RESTRICTIONS ON CRIMINAL HISTORY INQUIR2 IES.— 

3 ‘‘(1) IN GENERAL.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), an employee of an employing 

6 office may not request that an applicant for em7 ployment as a covered employee disclose crimi8 nal history record information if the request 

9 would be prohibited under section 9202 of title 

10 5, United States Code, if made by an employee 

11 of an agency. 

12 ‘‘(B) CONDITIONAL OFFER.—For purposes 

13 of applying that section 9202 under subpara14 graph (A), a reference in that section 9202 to 

15 a conditional offer shall be considered to be an 

16 offer of employment as a covered employee that 

17 is conditioned upon the results of a criminal 

18 history inquiry. 

19 ‘‘(2) RULES OF CONSTRUCTION.—The provi20 sions of section 9206 of title 5, United States Code, 

21 shall apply to employing offices, consistent with reg22 ulations issued under subsection (d). 

23 ‘‘(c) REMEDY.— 

24 ‘‘(1) IN GENERAL.—The remedy for a violation 

25 of subsection (b)(1) shall be such remedy as would 


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1 be appropriate if awarded under section 9204 of title 

2 5, United States Code, if the violation had been 

3 committed by an employee of an agency, consistent 

4 with regulations issued under subsection (d), except 

5 that the reference in that section to a suspension 

6 shall be considered to be a suspension with the level 

7 of compensation provided for a covered employee 

8 who is taking unpaid leave under section 202. 

9 ‘‘(2) PROCESS FOR OBTAINING RELIEF.—An 

10 applicant for employment as a covered employee who 

11 alleges a violation of subsection (b)(1) may rely on 

12 the provisions of title IV (other than section 407 or 

13 408, or a provision of this title that permits a per14 son to obtain a civil action or judicial review), con15 sistent with regulations issued under subsection (d). 

16 ‘‘(d) REGULATIONS TO IMPLEMENT SECTION.— 

17 ‘‘(1) IN GENERAL.—Not later than 18 months 

18 after the date of enactment of the Fair Chance to 

19 Compete for Jobs Act of 2019, the Board shall, pur20 suant to section 304, issue regulations to implement 

21 this section. 

22 ‘‘(2) PARALLEL WITH AGENCY REGULATIONS.— 

23 The regulations issued under paragraph (1) shall be 

24 the same as substantive regulations issued by the 

25 Director of the Office of Personnel Management 


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1 under section 702(b)(1) of the Fair Chance to Com2 pete for Jobs Act of 2019 to implement the statu3 tory provisions referred to in subsections (a) through 

4 (c) except to the extent that the Board may deter5 mine, for good cause shown and stated together with 

6 the regulation, that a modification of such regula7 tions would be more effective for the implementation 

8 of the rights and protections under this section. 

9 ‘‘(e) EFFECTIVE DATE.—Section 102(a)(12) and 

10 subsections (a) through (c) shall take effect on the date 

11 on which section 9202 of title 5, United States Code, ap12 plies with respect to agencies.’’. 

13 (2) CLERICAL AMENDMENTS.— 

14 (A) The table of contents in section 1(b) of 

15 the Congressional Accountability Act of 1995 

16 (Public Law 104–1; 109 Stat. 3) is amended— 

17 (i) by redesignating the item relating 

18 to section 207 as the item relating to sec19 tion 208; and 

20 (ii) by inserting after the item relating 

21 to section 206 the following new item: 

‘‘Sec. 207. Rights and protections relating to criminal history inquiries.’’. 

22 (B) Section 62(e)(2) of the Internal Rev23 enue Code of 1986 is amended by striking ‘‘or 

24 207’’ and inserting ‘‘207, or 208’’. 

25 (e) APPLICATION TO JUDICIAL BRANCH.— 


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1 (1) IN GENERAL.—Section 604 of title 28, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘(i) RESTRICTIONS ON CRIMINAL HISTORY INQUIR5 IES.— 

6 ‘‘(1) DEFINITIONS.—In this subsection— 

7 ‘‘(A) the terms ‘agency’ and ‘criminal his8 tory record information’ have the meanings 

9 given those terms in section 9201 of title 5; 

10 ‘‘(B) the term ‘covered employee’ means an 

11 employee of the judicial branch of the United 

12 States Government, other than— 

13 ‘‘(i) any judge or justice who is enti14 tled to hold office during good behavior; 

15 ‘‘(ii) a United States magistrate 

16 judge; or 

17 ‘‘(iii) a bankruptcy judge; and 

18 ‘‘(C) the term ‘employing office’ means any 

19 office or entity of the judicial branch of the 

20 United States Government that employs covered 

21 employees. 

22 ‘‘(2) RESTRICTION.—A covered employee may 

23 not request that an applicant for employment as a 

24 covered employee disclose criminal history record in25 formation if the request would be prohibited under 


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1 section 9202 of title 5 if made by an employee of an 

2 agency. 

3 ‘‘(3) EMPLOYING OFFICE POLICIES; COMPLAINT

4 PROCEDURE.—The provisions of sections 9203 and 

5 9206 of title 5 shall apply to employing offices and 

6 to applicants for employment as covered employees, 

7 consistent with regulations issued by the Director to 

8 implement this subsection. 

9 ‘‘(4) ADVERSE ACTION.— 

10 ‘‘(A) ADVERSE ACTION.—The Director 

11 may take such adverse action with respect to a 

12 covered employee who violates paragraph (2) as 

13 would be appropriate under section 9204 of 

14 title 5 if the violation had been committed by 

15 an employee of an agency. 

16 ‘‘(B) APPEALS.—The Director shall by 

17 rule establish procedures providing for an ap18 peal from any adverse action taken under sub19 paragraph (A) by not later than 30 days after 

20 the date of the action. 

21 ‘‘(C) APPLICABILITY OF OTHER LAWS.— 

22 Except as provided in subparagraph (B), an ad23 verse action taken under subparagraph (A) (in24 cluding a determination in an appeal from such 


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1 an action under subparagraph (B)) shall not be 

2 subject to appeal or judicial review. 

3 ‘‘(5) REGULATIONS TO BE ISSUED.— 

4 ‘‘(A) IN GENERAL.—Not later than 18 

5 months after the date of enactment of the Fair 

6 Chance to Compete for Jobs Act of 2019, the 

7 Director shall issue regulations to implement 

8 this subsection. 

9 ‘‘(B) PARALLEL WITH AGENCY REGULA10 TIONS.—The regulations issued under subpara11 graph (A) shall be the same as substantive reg12 ulations promulgated by the Director of the Of13 fice of Personnel Management under section 

14 702(b)(1) of the Fair Chance to Compete for 

15 Jobs Act of 2019 except to the extent that the 

16 Director of the Administrative Office of the 

17 United States Courts may determine, for good 

18 cause shown and stated together with the regu19 lation, that a modification of such regulations 

20 would be more effective for the implementation 

21 of the rights and protections under this sub22 section. 

23 ‘‘(6) EFFECTIVE DATE.—Paragraphs (1) 

24 through (4) shall take effect on the date on which 


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1 section 9202 of title 5 applies with respect to agen2 cies.’’. 

3 SEC. 703. PROHIBITION ON CRIMINAL HISTORY INQUIRIES 

4 BY CONTRACTORS PRIOR TO CONDITIONAL 

5 OFFER. 

6 (a) CIVILIAN AGENCY CONTRACTS.— 

7 (1) IN GENERAL.—Chapter 47 of title 41, 

8 United States Code, is amended by adding at the 

9 end the following new section: 

10 ‘‘§ 4714. Prohibition on criminal history inquiries by 

11 contractors prior to conditional offer 

12 ‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR13 IES.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graphs (2) and (3), an executive agency— 

16 ‘‘(A) may not require that an individual or 

17 sole proprietor who submits a bid for a contract 

18 to disclose criminal history record information 

19 regarding that individual or sole proprietor be20 fore determining the apparent awardee; and 

21 ‘‘(B) shall require, as a condition of receiv22 ing a Federal contract and receiving payments 

23 under such contract that the contractor may 

24 not verbally, or through written form, request 

25 the disclosure of criminal history record inforVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 mation regarding an applicant for a position re2 lated to work under such contract before the 

3 contractor extends a conditional offer to the ap4 plicant. 

5 ‘‘(2) OTHERWISE REQUIRED BY LAW.—The 

6 prohibition under paragraph (1) does not apply with 

7 respect to a contract if consideration of criminal his8 tory record information prior to a conditional offer 

9 with respect to the position is otherwise required by 

10 law. 

11 ‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— 

12 ‘‘(A) IN GENERAL.—The prohibition under 

13 paragraph (1) does not apply with respect to— 

14 ‘‘(i) a contract that requires an indi15 vidual hired under the contract to access 

16 classified information or to have sensitive 

17 law enforcement or national security du18 ties; or 

19 ‘‘(ii) a position that the Administrator 

20 of General Services identifies under the 

21 regulations issued under subparagraph 

22 (B). 

23 ‘‘(B) REGULATIONS.— 

24 ‘‘(i) ISSUANCE.—Not later than 16 

25 months after the date of enactment of the 


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1 Fair Chance to Compete for Jobs Act of 

2 2019, the Administrator of General Serv3 ices, in consultation with the Secretary of 

4 Defense, shall issue regulations identifying 

5 additional positions with respect to which 

6 the prohibition under paragraph (1) shall 

7 not apply, giving due consideration to posi8 tions that involve interaction with minors, 

9 access to sensitive information, or man10 aging financial transactions. 

11 ‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS

12 LAWS.—The regulations issued under 

13 clause (i) shall— 

14 ‘‘(I) be consistent with, and in no 

15 way supersede, restrict, or limit the 

16 application of title VII of the Civil 

17 Rights Act of 1964 (42 U.S.C. 2000e 

18 et seq.) or other relevant Federal civil 

19 rights laws; and 

20 ‘‘(II) ensure that all hiring activi21 ties conducted pursuant to the regula22 tions are conducted in a manner con23 sistent with relevant Federal civil 

24 rights laws. 


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1 ‘‘(b) COMPLAINT PROCEDURES.—The Administrator 

2 of General Services shall establish and publish procedures 

3 under which an applicant for a position with a Federal 

4 contractor may submit to the Administrator a complaint, 

5 or any other information, relating to compliance by the 

6 contractor with subsection (a)(1)(B). 

7 ‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON

8 CRIMINAL HISTORY INQUIRIES.— 

9 ‘‘(1) FIRST VIOLATION.—If the head of an exec10 utive agency determines that a contractor has vio11 lated subsection (a)(1)(B), such head shall— 

12 ‘‘(A) notify the contractor; 

13 ‘‘(B) provide 30 days after such notifica14 tion for the contractor to appeal the determina15 tion; and 

16 ‘‘(C) issue a written warning to the con17 tractor that includes a description of the viola18 tion and the additional remedies that may apply 

19 for subsequent violations. 

20 ‘‘(2) SUBSEQUENT VIOLATION.—If the head of 

21 an executive agency determines that a contractor 

22 that was subject to paragraph (1) has committed a 

23 subsequent violation of subsection (a)(1)(B), such 

24 head shall notify the contractor, shall provide 30 

25 days after such notification for the contractor to apVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 peal the determination, and, in consultation with the 

2 relevant Federal agencies, may take actions, depend3 ing on the severity of the infraction and the contrac4 tor’s history of violations, including— 

5 ‘‘(A) providing written guidance to the 

6 contractor that the contractor’s eligibility for 

7 contracts requires compliance with this section; 

8 ‘‘(B) requiring that the contractor respond 

9 within 30 days affirming that the contractor is 

10 taking steps to comply with this section; and 

11 ‘‘(C) suspending payment under the con12 tract for which the applicant was being consid13 ered until the contractor demonstrates compli14 ance with this section. 

15 ‘‘(d) DEFINITIONS.—In this section: 

16 ‘‘(1) CONDITIONAL OFFER.—The term ‘condi17 tional offer’ means an offer of employment for a po18 sition related to work under a contract that is condi19 tioned upon the results of a criminal history inquiry. 

20 ‘‘(2) CRIMINAL HISTORY RECORD INFORMA21 TION.—The term ‘criminal history record informa22 tion’ has the meaning given that term in section 

23 9201 of title 5.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions for chapter 47 of title 41, United States Code, 


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1 is amended by adding at the end the following new 

2 item: 

‘‘4714. Prohibition on criminal history inquiries by contractors prior to conditional offer.’’. 

3 (3) EFFECTIVE DATE.—Section 4714 of title 

4 41, United States Code, as added by paragraph (1), 

5 shall apply with respect to contracts awarded pursu6 ant to solicitations issued after the effective date de7 scribed in section 702(b)(2) of this title. 

8 (b) DEFENSE CONTRACTS.— 

9 (1) IN GENERAL.—Chapter 137 of title 10, 

10 United States Code, is amended by inserting after 

11 section 2338 the following new section: 

12 ‘‘§ 2339. Prohibition on criminal history inquiries by 

13 contractors prior to conditional offer 

14 ‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR15 IES.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graphs (2) and (3), the head of an agency— 

18 ‘‘(A) may not require that an individual or 

19 sole proprietor who submits a bid for a contract 

20 to disclose criminal history record information 

21 regarding that individual or sole proprietor be22 fore determining the apparent awardee; and 

23 ‘‘(B) shall require as a condition of receiv24 ing a Federal contract and receiving payments 


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1 under such contract that the contractor may 

2 not verbally or through written form request 

3 the disclosure of criminal history record infor4 mation regarding an applicant for a position re5 lated to work under such contract before such 

6 contractor extends a conditional offer to the ap7 plicant. 

8 ‘‘(2) OTHERWISE REQUIRED BY LAW.—The 

9 prohibition under paragraph (1) does not apply with 

10 respect to a contract if consideration of criminal his11 tory record information prior to a conditional offer 

12 with respect to the position is otherwise required by 

13 law. 

14 ‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— 

15 ‘‘(A) IN GENERAL.—The prohibition under 

16 paragraph (1) does not apply with respect to— 

17 ‘‘(i) a contract that requires an indi18 vidual hired under the contract to access 

19 classified information or to have sensitive 

20 law enforcement or national security du21 ties; or 

22 ‘‘(ii) a position that the Secretary of 

23 Defense identifies under the regulations 

24 issued under subparagraph (B). 

25 ‘‘(B) REGULATIONS.— 


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1 ‘‘(i) ISSUANCE.—Not later than 16 

2 months after the date of enactment of the 

3 Fair Chance to Compete for Jobs Act of 

4 2019, the Secretary of Defense, in con5 sultation with the Administrator of Gen6 eral Services, shall issue regulations identi7 fying additional positions with respect to 

8 which the prohibition under paragraph (1) 

9 shall not apply, giving due consideration to 

10 positions that involve interaction with mi11 nors, access to sensitive information, or 

12 managing financial transactions. 

13 ‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS

14 LAWS.—The regulations issued under 

15 clause (i) shall— 

16 ‘‘(I) be consistent with, and in no 

17 way supersede, restrict, or limit the 

18 application of title VII of the Civil 

19 Rights Act of 1964 (42 U.S.C. 2000e 

20 et seq.) or other relevant Federal civil 

21 rights laws; and 

22 ‘‘(II) ensure that all hiring activi23 ties conducted pursuant to the regula24 tions are conducted in a manner conVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 sistent with relevant Federal civil 

2 rights laws. 

3 ‘‘(b) COMPLAINT PROCEDURES.—The Secretary of 

4 Defense shall establish and publish procedures under 

5 which an applicant for a position with a Department of 

6 Defense contractor may submit a complaint, or any other 

7 information, relating to compliance by the contractor with 

8 subsection (a)(1)(B). 

9 ‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON

10 CRIMINAL HISTORY INQUIRIES.— 

11 ‘‘(1) FIRST VIOLATION.—If the Secretary of 

12 Defense determines that a contractor has violated 

13 subsection (a)(1)(B), the Secretary shall— 

14 ‘‘(A) notify the contractor; 

15 ‘‘(B) provide 30 days after such notifica16 tion for the contractor to appeal the determina17 tion; and 

18 ‘‘(C) issue a written warning to the con19 tractor that includes a description of the viola20 tion and the additional remedies that may apply 

21 for subsequent violations. 

22 ‘‘(2) SUBSEQUENT VIOLATIONS.—If the Sec23 retary of Defense determines that a contractor that 

24 was subject to paragraph (1) has committed a sub25 sequent violation of subsection (a)(1)(B), the SecVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 retary shall notify the contractor, shall provide 30 

2 days after such notification for the contractor to ap3 peal the determination, and, in consultation with the 

4 relevant Federal agencies, may take actions, depend5 ing on the severity of the infraction and the contrac6 tor’s history of violations, including— 

7 ‘‘(A) providing written guidance to the 

8 contractor that the contractor’s eligibility for 

9 contracts requires compliance with this section; 

10 ‘‘(B) requiring that the contractor respond 

11 within 30 days affirming that the contractor is 

12 taking steps to comply with this section; and 

13 ‘‘(C) suspending payment under the con14 tract for which the applicant was being consid15 ered until the contractor demonstrates compli16 ance with this section. 

17 ‘‘(d) DEFINITIONS.—In this section: 

18 ‘‘(1) CONDITIONAL OFFER.—The term ‘condi19 tional offer’ means an offer of employment for a po20 sition related to work under a contract that is condi21 tioned upon the results of a criminal history inquiry. 

22 ‘‘(2) CRIMINAL HISTORY RECORD INFORMA23 TION.—The term ‘criminal history record informa24 tion’ has the meaning given that term in section 

25 9201 of title 5.’’. 


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1 (2) EFFECTIVE DATE.—Section 2339(a) of title 

2 10, United States Code, as added by paragraph (1), 

3 shall apply with respect to contracts awarded pursu4 ant to solicitations issued after the effective date de5 scribed in section 702(b)(2) of this title. 

6 (3) CLERICAL AMENDMENT.—The table of sec7 tions for chapter 137 of title 10, United States 

8 Code, is amended by inserting after the item relating 

9 to section 2338 the following new item: 

‘‘2339. Prohibition on criminal history inquiries by contractors prior to conditional offer.’’. 

10 (c) REVISIONS TO FEDERAL ACQUISITION REGULA11 TION.— 

12 (1) IN GENERAL.—Not later than 18 months 

13 after the date of enactment of this Act, the Federal 

14 Acquisition Regulatory Council shall revise the Fed15 eral Acquisition Regulation to implement section 

16 4714 of title 41, United States Code, and section 

17 2339 of title 10, United States Code, as added by 

18 this section. 

19 (2) CONSISTENCY WITH OFFICE OF PERSONNEL

20 MANAGEMENT REGULATIONS.—The Federal Acquisi21 tion Regulatory Council shall revise the Federal Ac22 quisition Regulation under paragraph (1) to be con23 sistent with the regulations issued by the Director of 

24 the Office of Personnel Management under section 


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1 702(b)(1) to the maximum extent practicable. The 

2 Council shall include together with such revision an 

3 explanation of any substantive modification of the 

4 Office of Personnel Management regulations, includ5 ing an explanation of how such modification will 

6 more effectively implement the rights and protec7 tions under this section. 

8 SEC. 704. REPORT ON EMPLOYMENT OF INDIVIDUALS FOR9 MERLY INCARCERATED IN FEDERAL PRIS10 ONS. 

11 (a) DEFINITION.—In this section, the term ‘‘covered 

12 individual’’— 

13 (1) means an individual who has completed a 

14 term of imprisonment in a Federal prison for a Fed15 eral criminal offense; and 

16 (2) does not include an alien who is or will be 

17 removed from the United States for a violation of 

18 the immigration laws (as such term is defined in sec19 tion 101 of the Immigration and Nationality Act (8 

20 U.S.C. 1101)). 

21 (b) STUDY AND REPORT REQUIRED.—The Director 

22 of the Bureau of Justice Statistics, in coordination with 

23 the Director of the Bureau of the Census, shall— 

24 (1) not later than 180 days after the date of 

25 enactment of this Act, design and initiate a study on 


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1 the employment of covered individuals after their re2 lease from Federal prison, including by collecting— 

3 (A) demographic data on covered individ4 uals, including race, age, and sex; and 

5 (B) data on employment and earnings of 

6 covered individuals who are denied employment, 

7 including the reasons for the denials; and 

8 (2) not later than 2 years after the date of en9 actment of this Act, and every 5 years thereafter, 

10 submit a report that does not include any personally 

11 identifiable information on the study conducted 

12 under paragraph (1) to— 

13 (A) the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; 

15 (B) the Committee on Health, Education, 

16 Labor, and Pensions of the Senate; 

17 (C) the Committee on Oversight and Re18 form of the House of Representatives; and 

19 (D) the Committee on Education and 

20 Labor of the House of Representatives. 

21 TITLE VIII—FAIR CHANCE 

22 LICENSING ACT 

23 SEC. 801. SHORT TITLE. 

24 This title may be cited as the ‘‘Fair Chance Licensing 

25 Act of 2019’’. 


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1 SEC. 802. RESTRICTIONS ON USE OF CRIMINAL RECORDS 

2 TO DISQUALIFY INDIVIDUALS FROM EMPLOY3 MENT, OCCUPATIONAL LICENSING, OR OCCU4 PATIONAL CERTIFICATION. 

5 (a) STATE AND LOCAL REQUIREMENTS.—Section 

6 534 of title 28, United States Code, is amended by adding 

7 at the end the following: 

8 ‘‘(g) RESTRICTIONS ON STATE AND LOCAL USE OF

9 CRIMINAL RECORDS TO DISQUALIFY INDIVIDUALS FROM

10 EMPLOYMENT, OCCUPATIONAL LICENSING, OR OCCUPA11 TIONAL CERTIFICATION.— 

12 ‘‘(1) DEFINITIONS.—In this subsection— 

13 ‘‘(A) the term ‘covered entity’ means— 

14 ‘‘(i) an occupational licensing author15 ity; 

16 ‘‘(ii) an occupational certification au17 thority; and 

18 ‘‘(iii) an employer or third-party enti19 ty that is authorized by Federal or State 

20 law, including title II of the Departments 

21 of State, Justice, and Commerce, the Judi22 ciary, and Related Agencies Appropriation 

23 Act, 1973 (Public Law 92–544; 86 Stat. 

24 1114), to access the records system cre25 ated under this section for employment 

26 purposes; 


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1 ‘‘(B) the term ‘directly related conviction’, 

2 with respect to an individual, means a convic3 tion of the individual that a covered entity de4 termines to have a direct and specific negative 

5 bearing on the ability of the individual to per6 form the duties or responsibilities necessary 

7 for— 

8 ‘‘(i) the position in which employment 

9 is sought; or 

10 ‘‘(ii) the occupation for which an oc11 cupational license or certification is sought; 

12 ‘‘(C) the term ‘qualifying background 

13 check law’ means a law that imposes the re14 quirements described in paragraph (3); and 

15 ‘‘(D) the term ‘record’ means a record or 

16 other information acquired, collected, classified, 

17 or preserved by the Attorney General under 

18 paragraph (1), (2), or (3) of subsection (a). 

19 ‘‘(2) CONDITIONS ON ACCESS BY STATE AND

20 LOCAL ENTITIES TO FBI BACKGROUND CHECK SYS21 TEM.— 

22 ‘‘(A) STATES.—An agency or official of a 

23 State may not request or access a record, in24 cluding on behalf of a private entity, under any 

25 authority, unless the State has enacted a qualiVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 fying background check law or a law that is 

2 more favorable to an individual with a criminal 

3 history than a qualifying background check law. 

4 ‘‘(B) LOCAL GOVERNMENTS.—An agency 

5 or official of a political subdivision of a State 

6 may not request or access a record, including 

7 on behalf of a private entity, under any author8 ity unless the political subdivision or the State 

9 has enacted a qualifying background check law 

10 or a law that is more favorable to an individual 

11 with a criminal history than a qualifying back12 ground check law. 

13 ‘‘(3) QUALIFYING BACKGROUND CHECK LAW.— 

14 ‘‘(A) AVAILABILITY AND USE OF CRIMINAL

15 HISTORY INFORMATION.—A qualifying back16 ground check law shall provide that a covered 

17 entity may not consider any of the following 

18 criminal history information in determining 

19 whether to disqualify an individual from em20 ployment, an occupational license, or an occupa21 tional certification: 

22 ‘‘(i) A conviction that is not a directly 

23 related conviction. 

24 ‘‘(ii) Non-conviction information, in25 cluding information related to— 


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1 ‘‘(I) a deferred adjudication; 

2 ‘‘(II) participation in a diversion 

3 program; 

4 ‘‘(III) an arrest not followed by a 

5 valid conviction; or 

6 ‘‘(IV) an infraction. 

7 ‘‘(iii) A conviction that has been 

8 sealed, dismissed, expunged, or pardoned. 

9 ‘‘(iv) A juvenile adjudication. 

10 ‘‘(v) A misdemeanor conviction for 

11 which no sentence of imprisonment can be 

12 imposed. 

13 ‘‘(vi) A misdemeanor conviction that 

14 is more than 1 year old, excluding any pe15 riod of incarceration or custody. 

16 ‘‘(vii) A felony conviction that is more 

17 than 5 years old, excluding any period of 

18 incarceration or custody. 

19 ‘‘(B) CONSIDERATION OF TITLE VII

20 ‘GREEN’ FACTORS.—A qualifying background 

21 check law shall provide that a covered entity, in 

22 determining whether to disqualify an individual 

23 from employment, an occupational license, or 

24 an occupational certification based on a directly 

25 related conviction, shall consider— 


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1 ‘‘(i) the nature and gravity of the con2 viction; 

3 ‘‘(ii) the period of time that has 

4 elapsed since the conviction or, if applica5 ble, completion of the sentence; and 

6 ‘‘(iii) the nature of the employment, 

7 license, or certification held or sought. 

8 ‘‘(C) SUFFICIENT MITIGATION OR REHA9 BILITATION AND FITNESS FOR OCCUPATION.— 

10 A qualifying background check law shall provide 

11 that a covered entity may not disqualify an in12 dividual from employment, an occupational li13 cense, or an occupational certification solely or 

14 in part because of a directly related conviction 

15 if the individual can establish sufficient mitiga16 tion or rehabilitation and fitness to perform the 

17 duties of the position or occupation by pro18 viding— 

19 ‘‘(i) evidence showing that— 

20 ‘‘(I) not less than 1 year has 

21 elapsed since the individual was re22 leased from any correctional institu23 tion without subsequent conviction of 

24 a crime; and 


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1 ‘‘(II) the individual has complied 

2 with all terms and conditions of pro3 bation or parole; or 

4 ‘‘(ii) any other evidence of mitigation 

5 and present fitness, including— 

6 ‘‘(I) the circumstances relating to 

7 the offense, including mitigating cir8 cumstances or social conditions sur9 rounding the commission of the of10 fense; 

11 ‘‘(II) the age of the individual 

12 when the individual committed the of13 fense; 

14 ‘‘(III) the period of time that has 

15 elapsed since the individual committed 

16 the offense; 

17 ‘‘(IV) evidence of work history, 

18 particularly any training or work ex19 perience related to the position or oc20 cupation; 

21 ‘‘(V) additional evidence of edu22 cational, training, or work activities 

23 that the individual has participated in, 

24 including during any period of incar25 ceration; 


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1 ‘‘(VI) letters of reference by per2 sons who have been in contact with 

3 the individual since the individual was 

4 released from any correctional institu5 tion; and 

6 ‘‘(VII) completion of, or active 

7 participation in, rehabilitative drug or 

8 alcohol treatment. 

9 ‘‘(D) NOTICE OF POTENTIAL DENIAL AND

10 OPPORTUNITY TO APPEAL.— 

11 ‘‘(i) NOTICE OF POTENTIAL DE12 NIAL.—A qualifying background check law 

13 shall provide that if a covered entity in14 tends to disqualify an individual from em15 ployment, an occupational license, or an 

16 occupational certification solely or in part 

17 because of a directly related conviction, the 

18 covered entity shall, prior to making a 

19 final decision— 

20 ‘‘(I) notify the individual in writ21 ing of— 

22 ‘‘(aa) the directly related 

23 conviction that forms the basis 

24 for the potential disqualification; 

25 and 


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1 ‘‘(bb) the rationale for how 

2 the conviction is directly related 

3 to the position or occupation; 

4 ‘‘(II) provide the individual a 

5 copy of the conviction history report, 

6 if any, on which the covered entity re7 lies; and 

8 ‘‘(III) provide the individual ex9 amples of mitigation or rehabilitation 

10 evidence (as described in subpara11 graph (C)) that the individual may 

12 voluntarily provide. 

13 ‘‘(ii) RESPONSE.—A qualifying back14 ground check law shall provide that not 

15 later than 30 days after the date on which 

16 an individual receives a notice of potential 

17 disqualification described in clause (i), the 

18 individual may respond to the notice by— 

19 ‘‘(I) challenging the accuracy of 

20 the conviction history report; or 

21 ‘‘(II) submitting evidence of miti22 gation or rehabilitation. 

23 ‘‘(iii) FINAL DECISION.—A qualifying 

24 background check law shall provide that a 

25 covered entity shall make a final decision 


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1 based on an individualized assessment of 

2 the information described in subparagraph 

3 (C), including any information described in 

4 clause (ii) of this subparagraph submitted 

5 by the individual. 

6 ‘‘(iv) NOTICE OF FINAL DECISION.—A 

7 qualifying background check law shall pro8 vide that if a covered entity disqualifies an 

9 individual from employment, an occupa10 tional license, or an occupational certifi11 cation solely or in part because of a di12 rectly related conviction, the covered entity 

13 shall notify the individual in writing of— 

14 ‘‘(I) the final decision, includ15 ing— 

16 ‘‘(aa) a list of each directly 

17 related conviction that forms the 

18 basis for the decision; and 

19 ‘‘(bb) the rationale for how 

20 the conviction is directly related 

21 to the position; 

22 ‘‘(II) additional appeal proce23 dures, if any, including opportunities 

24 for administrative or judicial review; 

25 and 


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1 ‘‘(III) the earliest date on which 

2 the individual may reapply for the em3 ployment, occupational license, or oc4 cupational certification. 

5 ‘‘(E) EDUCATION, OUTREACH, AND TRANS6 PARENCY ACTIVITIES.—A qualifying back7 ground check law shall provide that a covered 

8 entity shall— 

9 ‘‘(i) adopt education and outreach 

10 policies developed with the input of key 

11 stakeholders, including individuals with ar12 rest and conviction records; 

13 ‘‘(ii) explain to the public (including 

14 on the website of the covered entity, if ap15 plicable) how the covered entity uses crimi16 nal history information in making decisions 

17 with respect to employment, occupational 

18 licensing, or occupational certification, as 

19 applicable; and 

20 ‘‘(iii) offer individuals access at any 

21 time (including before obtaining any re22 quired education or training) to guidance 

23 on the impact of a conviction or arrest on 

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1 cupational licensing, or occupational cer2 tification, as applicable. 

3 ‘‘(4) COMPLIANCE REVIEW.—Not later than 

4 180 days after the date on which this subsection 

5 takes effect, and semiannually thereafter, the Attor6 ney General shall review the compliance of States 

7 and political subdivisions thereof with the require8 ment under paragraph (2).’’. 

9 (b) FEDERAL REQUIREMENTS.— 

10 (1) CONSIDERATION OF CRIMINAL HISTORY IN11 FORMATION CONSISTENT WITH QUALIFYING BACK12 GROUND CHECK LAW.— 

13 (A) IN GENERAL.—Notwithstanding any 

14 other provision of law, other than a provision 

15 described in subparagraph (B), consideration of 

16 the criminal history information of an indi17 vidual for purposes of employment, occupational 

18 licensing, or occupational certification of the in19 dividual, or any similar purpose, that is re20 quired or authorized under any provision of 

21 Federal law shall be carried out in accordance 

22 with the requirements described in section 

23 534(g)(3) of title 28, United States Code, as 

24 added by subsection (a). 


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1 (B) EXCEPTIONS.—Subparagraph (A) 

2 shall not apply to the consideration of the 

3 criminal history information of an individual 

4 under any provision of law governing— 

5 (i) Federal employment; 

6 (ii) the Armed Forces; 

7 (iii) law enforcement; or 

8 (iv) national security. 

9 (2) RELATION TO OTHER LAW.—Nothing in 

10 paragraph (1) shall be construed to supersede any 

11 other provision of Federal law that imposes require12 ments relating to the availability and use of criminal 

13 history information that is more favorable to an in14 dividual with a criminal history than the require15 ments described in section 534(g)(3) of title 28, 

16 United States Code, as added by subsection (a). 

17 (3) REGULATIONS.—Not later than 180 days 

18 after the date of enactment of this Act, the head of 

19 an agency that administers a provision of law af20 fected by paragraph (1) shall promulgate any regu21 lations necessary to comply with that paragraph. 

22 (c) EFFECTIVE DATE.—Subsections (a) and (b)(1), 

23 the amendments made by those subsections, and the regu24 lations promulgated under subsection (b)(3) shall take efVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 fect on the date that is 1 year after the date of enactment 

2 of this Act. 

3 SEC. 803. TRANSPARENCY AND ACCOUNTABILITY STUDY. 

4 (a) BUREAU OF JUSTICE STATISTICS ANNUAL

5 STUDY.—Not later than 1 year after the date of enact6 ment of this Act, and each year thereafter, the Bureau 

7 of Justice Statistics shall conduct a study, and submit a 

8 report to Congress on that study, that— 

9 (1) collects data on the Federal and State laws 

10 that result in the disqualification of applicants for 

11 employment, an occupational license, or an occupa12 tional certification based on the criminal record of 

13 the applicant; 

14 (2) focuses on the disqualifying offenses and 

15 the racial, gender, and ethnic profile of the appli16 cants disqualified under the laws described in para17 graph (1); and 

18 (3) examines the reversal rates and impact on 

19 employment opportunities that result from the pro20 cedures to appeal a potential disqualification from 

21 employment, an occupational license, or an occupa22 tional certification required under section 802 and 

23 the amendments made by that section. 

24 (b) DATA SUBMISSION BY FEDERAL AGENCIES AND

25 STATES.—A State that wishes to access to a record as 


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1 described in subsection (g)(2) of section 534 of title 28, 

2 United States Code, (as added by this title) and each Fed3 eral agency that administers a provision of law affected 

4 by section 802(b) shall regularly collect and submit to the 

5 Bureau of Justice Statistics, for purposes of the annual 

6 study under subsection (a) of this section, any applicable 

7 data described in subsection (a) of this section. 

8 TITLE IX—REDEEM ACT 

9 SEC. 901. SHORT TITLE. 

10 This title may be cited as the ‘‘Record Expungement 

11 Designed to Enhance Employment Act of 2019’’ or the 

12 ‘‘REDEEM Act’’. 

13 SEC. 902. SEALING OF CRIMINAL RECORDS. 

14 (a) FINDING.—Congress finds that the definition of 

15 the term ‘‘crime of violence’’ recommended by the United 

16 States Sentencing Commission in the report entitled ‘‘Re17 port to the Congress: Career Offender Sentencing En18 hancements’’, published in August 2016, is clearer and 

19 more specific than the definitions currently used in title 

20 18, United States Code, and should be used to determine 

21 the type of offenses eligible for sealing under the amend22 ments made by this section. 

23 (b) AMENDMENT.—Chapter 229 of title 18, United 

24 States Code, is amended by adding at the end the fol25 lowing: 


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1 ‘‘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. 

2 ‘‘§ 3641. Definitions; eligible individuals 

3 ‘‘(a) DEFINITIONS.—In this subchapter— 

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

5 means a Federal criminal offense that is not— 

6 ‘‘(A) a crime of violence; or 

7 ‘‘(B) a sex offense, as defined in section 

8 111 of the Sex Offender Registration and Noti9 fication Act (34 U.S.C. 20911); 

10 ‘‘(2) the term ‘crime of violence’ means any of11 fense under Federal or State law, punishable by im12 prisonment for a term exceeding 1 year, that— 

13 ‘‘(A) has as an element the use, attempted 

14 use, or threatened use of physical force against 

15 the person of another; or 

16 ‘‘(B) is— 

17 ‘‘(i) murder; 

18 ‘‘(ii) voluntary manslaughter; 

19 ‘‘(iii) kidnapping; 

20 ‘‘(iv) aggravated assault; 

21 ‘‘(v) a forcible sex offense; 

22 ‘‘(vi) robbery; 

23 ‘‘(vii) arson; 


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1 ‘‘(viii) extortion; or 

2 ‘‘(ix) the use or unlawful possession 

3 of— 

4 ‘‘(I) a firearm, as defined in sec5 tion 5845(a) of the Internal Revenue 

6 Code of 1986; or 

7 ‘‘(II) explosive materials, as de8 fined in section 841(c); 

9 ‘‘(3) the term ‘eligible individual’ means an in10 dividual who— 

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

12 a covered nonviolent offense; 

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

14 in subparagraph (A), has fulfilled each require15 ment of the sentence for the covered nonviolent 

16 offense, including— 

17 ‘‘(i) completing each term of imprison18 ment, probation, or supervised release; and 

19 ‘‘(ii) satisfying each condition of im20 prisonment, probation, or supervised re21 lease; 

22 ‘‘(C) subject to subsection (b), has not 

23 been convicted of more than 2 felonies that are 

24 covered nonviolent offenses, including any such 

25 convictions that have been 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 covered nonviolent offense, means any ref7 erence 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 ‘seal’— 

16 ‘‘(A) means— 

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

18 viewing so that the record cannot be exam19 ined except by court order; and 

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

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

22 case of an electronic record, the sub23 stantive equivalent; and 

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

25 3644, including— 


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

2 which a sealed record relates, and any ar3 rest, criminal proceeding, conviction, or 

4 sentence relating to the offense, as if it 

5 never occurred; and 

6 ‘‘(ii) protection from civil and criminal 

7 perjury, false swearing, and false state8 ment laws with respect to a sealed record; 

9 ‘‘(7) the term ‘sealing hearing’ means a hearing 

10 held under section 3643(b)(2); and 

11 ‘‘(8) the term ‘sealing petition’ means a petition 

12 for a sealing order filed under section 3643(a). 

13 ‘‘(b) ELIGIBLE INDIVIDUALS.— 

14 ‘‘(1) MULTIPLE CONVICTIONS DEEMED TO BE

15 ONE CONVICTION.—For purposes of subsection 

16 (a)(2)(C)— 

17 ‘‘(A) multiple convictions shall be deemed 

18 to be 1 conviction if the convictions result from 

19 or relate to— 

20 ‘‘(i) the same act; or 

21 ‘‘(ii) acts committed at the same time; 

22 and 

23 ‘‘(B) subject to paragraph (2), multiple 

24 convictions, not to exceed 3, that do not result 

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1 mitted at the same time shall be deemed to be 

2 1 conviction if the convictions— 

3 ‘‘(i) result from or relate to— 

4 ‘‘(I) the same— 

5 ‘‘(aa) indictment, informa6 tion, or complaint; 

7 ‘‘(bb) plea of guilty; or 

8 ‘‘(cc) official proceeding; or 

9 ‘‘(II) related criminal acts that 

10 were committed within a 3-month pe11 riod; or 

12 ‘‘(ii) are determined to be directly re13 lated to addiction or a substance use dis14 order. 

15 ‘‘(2) DISCRETION OF COURT.— 

16 ‘‘(A) IN GENERAL.—A court reviewing a 

17 sealing petition may determine that it is not in 

18 the public interest to deem multiple convictions 

19 described in paragraph (1)(B) to be 1 convic20 tion. 

21 ‘‘(B) REASONING.—If a court makes a de22 termination under subparagraph (A), the court 

23 shall make available to the public the reasoning 

24 for the determination. 


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

2 after the date of enactment of this subchapter, 

3 and each year thereafter, each district court of 

4 the United States shall submit to the appro5 priate committees of Congress a report that de6 scribes the exercise of discretion by the court 

7 under subparagraph (B), with all relevant data 

8 disaggregated by race, ethnicity, gender, and 

9 the nature of the offense. 

10 ‘‘§ 3642. Automatic sealing of records of nonviolent 

11 drug offenses 

12 ‘‘(a) DEFINITION.—In this section, the term ‘con13 victed of a nonviolent drug offense’, with respect to an 

14 individual— 

15 ‘‘(1) means the individual is convicted of a cov16 ered nonviolent offense that is an offense under the 

17 Controlled Substances Act (21 U.S.C. 801 et seq.), 

18 the Controlled Substances Import and Export Act 

19 (21 U.S.C. 951 et seq.), or chapter 705 of title 46; 

20 and 

21 ‘‘(2) does not include a conviction with respect 

22 to which the court applied a sentencing enhancement 

23 under section 2D1.1(b)(2) of the Federal sentencing 

24 guidelines (relating to the use of violence or the 

25 threat or direction to use violence). 


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1 ‘‘(b) AUTOMATIC SEALING.—Five years after the 

2 date on which an eligible individual who is convicted of 

3 a nonviolent drug offense completes every term of impris4 onment, probation, or supervised release ordered by the 

5 court with respect to the offense, the court shall order the 

6 sealing of each record or portion thereof that relates to 

7 the offense if the individual— 

8 ‘‘(1) has not been convicted of a crime or adju9 dicated delinquent for an act of juvenile delinquency 

10 since the date of the conviction; and 

11 ‘‘(2) is not engaged in active criminal court pro12 ceedings or juvenile delinquency proceedings. 

13 ‘‘(c) AUTOMATIC NATURE OF SEALING.—The order 

14 of sealing under subsection (b) shall require no action by 

15 the individual whose records are to be sealed. 

16 ‘‘(d) NOTICE OF AUTOMATIC SEALING.—A court that 

17 orders the sealing of a record of an individual under sub18 section (b) shall, in writing, inform the individual of the 

19 sealing and the benefits of sealing the record, including 

20 protection from civil and criminal perjury, false swearing, 

21 and false statement laws with respect to the record. 

22 ‘‘(e) RELATION TO OTHER LAWS.—Automatic seal23 ing under subsection (b) shall not apply to a conviction 

24 for a marijuana use or possession offense that is expunged 


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1 under section 203(c) of the Marijuana Justice Act of 

2 2019. 

3 ‘‘§ 3643. Sealing petition 

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

5 ‘‘(1) IN GENERAL.—On and after the date de6 scribed in paragraph (2), an eligible individual may 

7 file a petition for a sealing order with respect to a 

8 covered nonviolent offense in a district court of the 

9 United States. 

10 ‘‘(2) DATES.—The date described in this para11 graph is— 

12 ‘‘(A) for an eligible individual who is con13 victed of a covered nonviolent offense and sen14 tenced to a term of imprisonment, probation, or 

15 supervised release, the date that is 1 year after 

16 the date on which the eligible individual has 

17 completed every such term of imprisonment, 

18 probation, or supervised release; and 

19 ‘‘(B) for an eligible individual not de20 scribed in subparagraph (A), the date on which 

21 the case relating to the covered nonviolent of22 fense is disposed of. 

23 ‘‘(3) NOTICE OF OPPORTUNITY TO FILE PETI24 TION.— 

25 ‘‘(A) CONVICTED INDIVIDUALS.— 


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

2 convicted of a covered nonviolent offense 

3 and will potentially be eligible to file a 

4 sealing petition with respect to the offense 

5 upon fulfilling each requirement of the sen6 tence for the offense as described in sec7 tion 3641(a)(2)(B), the court in which the 

8 individual is convicted shall, in writing, in9 form the individual, on each date described 

10 in clause (ii), of— 

11 ‘‘(I) that potential eligibility; 

12 ‘‘(II) the necessary procedures 

13 for filing the sealing petition; and 

14 ‘‘(III) the benefits of sealing a 

15 record, including protection from civil 

16 and criminal perjury, false swearing, 

17 and false statement laws with respect 

18 to the record. 

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

20 this clause are— 

21 ‘‘(I) the date on which the indi22 vidual is convicted; and 

23 ‘‘(II) the date on which the indi24 vidual has completed every term of 


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1 imprisonment, probation, or super2 vised release relating to the offense. 

3 ‘‘(B) INDIVIDUALS NOT CONVICTED.— 

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

5 is arrested for a covered nonviolent of6 fense, criminal proceedings are not insti7 tuted against the individual for the offense, 

8 and the individual is potentially eligible to 

9 file a sealing petition with respect to the 

10 offense, on the date on which the case re11 lating to the offense is disposed of, the ar12 resting authority shall, in writing, inform 

13 the individual of— 

14 ‘‘(I) that potential eligibility; 

15 ‘‘(II) the necessary procedures 

16 for filing the sealing petition; and 

17 ‘‘(III) the benefits of sealing a 

18 record, including protection from civil 

19 and criminal perjury, false swearing, 

20 and false statement laws with respect 

21 to the record. 

22 ‘‘(ii) COURT PROCEEDINGS.—If an in23 dividual is arrested for a covered non24 violent offense, criminal proceedings are in25 stituted against the individual for the ofVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 fense, the individual is not convicted of the 

2 offense, and the individual is potentially el3 igible to file a sealing petition with respect 

4 to the offense, on the date on which the 

5 case relating to the offense is disposed of, 

6 the court in which the criminal proceedings 

7 take place shall, in writing, inform the in8 dividual of— 

9 ‘‘(I) that potential eligibility; 

10 ‘‘(II) the necessary procedures 

11 for filing the sealing petition; and 

12 ‘‘(III) the benefits of sealing a 

13 record, including protection from civil 

14 and criminal perjury, false swearing, 

15 and false statement laws with respect 

16 to the record. 

17 ‘‘(b) PROCEDURES.— 

18 ‘‘(1) NOTIFICATION TO PROSECUTOR.—If an in19 dividual files a petition under subsection (a) with re20 spect to a covered nonviolent offense or arrest for a 

21 covered nonviolent offense, the district court in 

22 which the petition is filed shall provide notice of the 

23 petition— 


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1 ‘‘(A) to the office of the United States at2 torney that prosecuted or would have pros3 ecuted the petitioner for the offense; and 

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

5 any other individual that the petitioner deter6 mines may testify as to the— 

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

8 date of the offense or arrest; or 

9 ‘‘(ii) reasons that the sealing order 

10 should be entered. 

11 ‘‘(2) HEARING.— 

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

13 days after the date on which an individual files 

14 a sealing petition, the district court shall— 

15 ‘‘(i) except as provided in subpara16 graph (D), conduct a hearing in accord17 ance with subparagraph (B); and 

18 ‘‘(ii) determine whether to enter a 

19 sealing order for the individual in accord20 ance with paragraph (3). 

21 ‘‘(B) OPPORTUNITY TO TESTIFY AND

22 OFFER EVIDENCE.— 

23 ‘‘(i) PETITIONER.—The petitioner 

24 may testify or offer evidence at the sealing 

25 hearing in support of sealing. 


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1 ‘‘(ii) PROSECUTOR.—The office of a 

2 United States attorney that receives notice 

3 under paragraph (1)(A) may send a rep4 resentative to testify or offer evidence at 

5 the sealing hearing in support of or 

6 against sealing. 

7 ‘‘(iii) OTHER INDIVIDUALS.—An indi8 vidual who receives notice under paragraph 

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

10 sealing hearing as to the issues described 

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

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

13 judge may preside over a hearing under this 

14 paragraph. 

15 ‘‘(D) WAIVER OF HEARING.—If the peti16 tioner and the United States attorney that re17 ceives notice under paragraph (1)(A) so agree, 

18 the court shall make a determination under 

19 paragraph (3) without a hearing. 

20 ‘‘(3) BASIS FOR DECISION.— 

21 ‘‘(A) IN GENERAL.—In determining wheth22 er to enter a sealing order with respect to pro23 tected information relating to a covered non24 violent offense, the court— 

25 ‘‘(i) shall consider— 


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1 ‘‘(I) the petition and any docu2 ments in the possession of the court; 

3 and 

4 ‘‘(II) all the evidence and testi5 mony presented at the sealing hear6 ing, if such a hearing is conducted; 

7 ‘‘(ii) may not consider any non-Fed8 eral nonviolent crimes for which the peti9 tioner has been arrested or proceeded 

10 against, or of which the petitioner has been 

11 convicted; and 

12 ‘‘(iii) shall balance— 

13 ‘‘(I)(aa) the interest of public 

14 knowledge and safety; and 

15 ‘‘(bb) the legitimate interest, if 

16 any, of the Government in maintain17 ing the accessibility of the protected 

18 information, including any potential 

19 impact of sealing the protected infor20 mation on Federal licensure, permit, 

21 or employment restrictions; against 

22 ‘‘(II)(aa) the conduct and dem23 onstrated desire of the petitioner to be 

24 rehabilitated and positively contribute 

25 to the community; and 


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1 ‘‘(bb) the interest of the peti2 tioner in having the protected infor3 mation sealed, including the harm of 

4 the protected information to the abil5 ity of the petitioner to secure and 

6 maintain employment. 

7 ‘‘(B) BURDEN ON GOVERNMENT.—The 

8 burden shall be on the Government to show 

9 that the interests under subclause (I) of sub10 paragraph (A)(iii) outweigh the interests of the 

11 petitioner under subclause (II) of that subpara12 graph. 

13 ‘‘(4) WAITING PERIOD AFTER DENIAL.—If the 

14 district court denies a sealing petition, the petitioner 

15 may not file a new sealing petition with respect to 

16 the same offense until the date that is 2 years after 

17 the date of the denial. 

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

19 Administrative Office of the United States Courts 

20 shall create a universal form, available over the 

21 internet and in paper form, that an individual may 

22 use to file a sealing petition. 

23 ‘‘(6) FEE WAIVER.—The Director of the Ad24 ministrative Office of the United States Courts shall 

25 by regulation establish a minimally burdensome 


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1 process under which indigent petitioners may obtain 

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

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

4 the date of enactment of this subchapter, and each 

5 year thereafter, each district court of the United 

6 States shall issue a public report that— 

7 ‘‘(A) describes— 

8 ‘‘(i) the number of sealing petitions 

9 granted and denied under this section; and 

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

11 the office of a United States attorney sup12 ported or opposed a sealing petition; 

13 ‘‘(B) includes any supporting data that the 

14 court determines relevant and that does not 

15 name any petitioner; and 

16 ‘‘(C) disaggregates all relevant data by 

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

18 offense. 

19 ‘‘(8) PUBLIC DEFENDER ELIGIBILITY.— 

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

21 may, in its discretion, appoint counsel in ac22 cordance with the plan of the district court in 

23 operation under section 3006A to represent a 

24 petitioner for purposes of this section. 


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1 ‘‘(B) CONSIDERATIONS.—In making a de2 termination whether to appoint counsel under 

3 subparagraph (A), the court shall consider— 

4 ‘‘(i) the anticipated complexity of the 

5 sealing hearing, including the number and 

6 type of witnesses called to advocate against 

7 the sealing of the protected information of 

8 the petitioner; and 

9 ‘‘(ii) the potential for adverse testi10 mony by a victim or a representative of the 

11 office of the United States attorney. 

12 ‘‘§ 3644. Effect of sealing order 

13 ‘‘(a) IN GENERAL.—Except as provided in this sec14 tion, if a district court of the United States enters a seal15 ing order with respect to a covered nonviolent offense, the 

16 offense and any arrest, criminal proceeding, conviction, or 

17 sentence relating to the offense shall be treated as if it 

18 never occurred. 

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

20 of the United States enters a sealing order with respect 

21 to a covered nonviolent offense, the court shall— 

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

23 entity or person known to the court that possesses 

24 a record containing protected information that re25 lates to the offense, including each— 


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1 ‘‘(A) law enforcement agency; and 

2 ‘‘(B) public or private correctional or de3 tention facility; 

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

5 person described in paragraph (1) to— 

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

7 this section; and 

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

9 court, under penalty of perjury, that the entity 

10 or person has sealed each paper and electronic 

11 copy of the record; 

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

13 record in the possession of the court; and 

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

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

16 the petitioner that each entity or person described in 

17 paragraph (1) has sealed each paper and electronic 

18 copy of the record. 

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

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

21 to whom a sealing order has been entered for a covered 

22 nonviolent offense shall not be subject to prosecution 

23 under any civil or criminal provision of Federal or State 

24 law relating to perjury, false swearing, or making a false 

25 statement, including section 1001, 1621, 1622, or 1623, 


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1 for failing to recite or acknowledge any protected informa2 tion with respect to the offense or respond to any inquiry 

3 made of the petitioner, relating to the protected informa4 tion, for any purpose. 

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

6 The Attorney General— 

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

8 protected information that has been sealed under 

9 this subchapter; and 

10 ‘‘(2) may access or use protected information 

11 only— 

12 ‘‘(A) for legitimate investigative purposes; 

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

14 of the facts of the arrest or subsequent pro15 ceedings; or 

16 ‘‘(C) if the Attorney General determines 

17 that disclosure is necessary to serve the inter18 ests of justice, public safety, or national secu19 rity. 

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

21 State law enforcement agency may access a record that 

22 is sealed under this subchapter solely— 

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

24 whom the record relates is eligible for a first-time25 offender diversion program; 


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

2 supervision purposes; or 

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

4 enforcement employment or any employment that re5 quires a government security clearance. 

6 ‘‘(f) PROHIBITION ON DISCLOSURE.— 

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

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

9 make or attempt to make an unauthorized disclosure 

10 of any protected information from a record that has 

11 been sealed under this subchapter. 

12 ‘‘(2) PENALTY.—Any person who violates para13 graph (1) shall be fined under this title, imprisoned 

14 for not more than 1 year, or both. 

15 ‘‘(3) EXCEPTIONS.— 

16 ‘‘(A) BACKGROUND CHECKS.—An indi17 vidual who is the subject of a record sealed 

18 under this subchapter shall, and a Federal or 

19 State law enforcement agency that possesses 

20 such a record may, disclose the record in the 

21 case of a background check for— 

22 ‘‘(i) law enforcement employment; or 

23 ‘‘(ii) any position that a Federal agen24 cy designates as a— 

25 ‘‘(I) national security position; or 


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1 ‘‘(II) high-risk, public trust posi2 tion. 

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

4 person may disclose protected information from 

5 a record sealed under this subchapter to the 

6 Secretaries of the military departments (or the 

7 Secretary of Homeland Security with respect to 

8 the Coast Guard when it is not operating as a 

9 service in the Navy) for the purpose of vetting 

10 an enlistment or commission, or with regard to 

11 any member of the Armed Forces. 

12 ‘‘(C) CRIMINAL AND JUVENILE PRO13 CEEDINGS.—A prosecutor may disclose pro14 tected information from a record sealed under 

15 this subchapter if the information pertains to a 

16 potential witness in a Federal or State— 

17 ‘‘(i) criminal proceeding; or 

18 ‘‘(ii) juvenile delinquency proceeding. 

19 ‘‘(D) AUTHORIZATION FOR INDIVIDUAL TO

20 DISCLOSE OWN RECORD.—An individual who is 

21 the subject of a record sealed under this sub22 chapter may choose to disclose the record.’’. 

23 (c) APPLICABILITY.—Sections 3642 and 3643 of title 

24 18, United States Code, as added by subsection (b), shall 

25 apply with respect to a covered nonviolent offense (as deVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 fined in section 3641(a) of such title) that is committed 

2 or alleged to have been committed before, on, or after the 

3 date of enactment of this Act. 

4 (d) TRANSITION PERIOD FOR HEARINGS DEAD5 LINE.—During the 1-year period beginning on the date 

6 of enactment of this Act, section 3643(b)(2)(A) of title 

7 18, United States Code, as added by subsection (b), shall 

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

9 (e) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

12 following: 

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

13 SEC. 903. JUVENILE SEALING AND EXPUNGEMENT. 

14 (a) PURPOSE.—The purpose of this section is to— 

15 (1) protect children and adults against damage 

16 stemming from their juvenile acts and subsequent 

17 juvenile delinquency records, including law enforce18 ment, arrest, and court records; and 

19 (2) prevent the unauthorized use or disclosure 

20 of confidential juvenile delinquency records and any 

21 potential employment, financial, psychological, or 

22 other harm that would result from such unauthor23 ized use or disclosure. 

24 (b) DEFINITIONS.—Section 5031 of title 18, United 

25 States Code, is amended to read as follows: 


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1 ‘‘§ 5031. Definitions 

2 ‘‘In this chapter— 

3 ‘‘(1) the term ‘adjudication’ means a deter4 mination by a judge that a person committed an act 

5 of juvenile delinquency; 

6 ‘‘(2) the term ‘conviction’ means a judgment or 

7 disposition in criminal court against a person fol8 lowing a finding of guilt by a judge or jury; 

9 ‘‘(3) the term ‘destroy’ means to render a file 

10 unreadable, whether paper, electronic, or otherwise 

11 stored, by shredding, pulverizing, pulping, incin12 erating, overwriting, reformatting the media, or 

13 other means; 

14 ‘‘(4) the term ‘expunge’— 

15 ‘‘(A) means to destroy a record and oblit16 erate the name of the person to whom the 

17 record pertains from each official index or pub18 lic record; and 

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

20 5045(c), including— 

21 ‘‘(i) the right to treat an offense to 

22 which an expunged record relates, and any 

23 arrest, juvenile delinquency proceeding, ad24 judication, or other result of such pro25 ceeding relating to the offense, as if it 

26 never occurred; and 


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1 ‘‘(ii) protection from civil and criminal 

2 perjury, false swearing, and false state3 ment laws with respect to an expunged 

4 record; 

5 ‘‘(5) the term ‘expungement hearing’ means a 

6 hearing held under section 5045(b)(2)(B); 

7 ‘‘(6) the term ‘expungement petition’ means a 

8 petition for expungement filed under section 

9 5045(b); 

10 ‘‘(7) the term ‘juvenile’ means— 

11 ‘‘(A) except as provided in subparagraph 

12 (B), a person who has not attained the age of 

13 18; and 

14 ‘‘(B) for the purpose of proceedings and 

15 disposition under this chapter for an alleged act 

16 of juvenile delinquency, a person who has not 

17 attained the age of 21; 

18 ‘‘(8) the term ‘juvenile delinquency’ means the 

19 violation of a law of the United States committed by 

20 a person before attaining the age of 18 which would 

21 have been a crime if committed by an adult, or a 

22 violation by such a person of section 922(x); 

23 ‘‘(9) the term ‘juvenile nonviolent offense’ 

24 means an act of juvenile delinquency that is not— 


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1 ‘‘(A) a violent crime (as defined in section 

2 103 of the Juvenile Justice and Delinquency 

3 Prevention Act of 1974 (34 U.S.C. 11103)); or 

4 ‘‘(B) a sex offense (as defined in section 

5 111 of the Sex Offender Registration and Noti6 fication Act (34 U.S.C. 20911)); 

7 ‘‘(10) the term ‘juvenile record’— 

8 ‘‘(A) means a record maintained by a 

9 court, the probation system, a law enforcement 

10 agency, or any other government agency, of the 

11 juvenile delinquency proceedings of a person; 

12 and 

13 ‘‘(B) includes— 

14 ‘‘(i) a juvenile legal file, including a 

15 formal document such as a petition, notice, 

16 motion, legal memorandum, order, or de17 cree; 

18 ‘‘(ii) a social record, including— 

19 ‘‘(I) a record of a probation offi20 cer; 

21 ‘‘(II) a record of any government 

22 agency that keeps records relating to 

23 juvenile delinquency; 

24 ‘‘(III) a medical record; 


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1 ‘‘(IV) a psychiatric or psycho2 logical record; 

3 ‘‘(V) a birth certificate; 

4 ‘‘(VI) an education record, in5 cluding an individualized education 

6 plan; 

7 ‘‘(VII) a detention record; 

8 ‘‘(VIII) demographic information 

9 that identifies a juvenile or the family 

10 of a juvenile; or 

11 ‘‘(IX) any other record that in12 cludes personally identifiable informa13 tion that may be associated with a ju14 venile delinquency proceeding, an act 

15 of juvenile delinquency, or an alleged 

16 act of juvenile delinquency; 

17 ‘‘(iii) a law enforcement record, in18 cluding— 

19 ‘‘(I) fingerprints; 

20 ‘‘(II) a DNA sample; or 

21 ‘‘(III) a photograph; and 

22 ‘‘(iv) a State criminal justice informa23 tion system record; 

24 ‘‘(11) the term ‘petitioner’ means a person who 

25 files an expungement petition or a sealing petition; 


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1 ‘‘(12) the term ‘seal’— 

2 ‘‘(A) means— 

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

4 viewing so that the record cannot be exam5 ined except by court order; and 

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

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

8 case of an electronic record, the sub9 stantive equivalent; and 

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

11 5044(c), including— 

12 ‘‘(i) the right to treat an offense to 

13 which a sealed record relates, and any ar14 rest, juvenile delinquency proceeding, adju15 dication, or other result of such proceeding 

16 relating to the offense, as if it never oc17 curred; and 

18 ‘‘(ii) protection from civil and criminal 

19 perjury, false swearing, and false state20 ment laws with respect to a sealed record; 

21 ‘‘(13) the term ‘sealing hearing’ means a hear22 ing held under section 5044(b)(2)(B); and 

23 ‘‘(14) the term ‘sealing petition’ means a peti24 tion for a sealing order filed under section 

25 5044(b).’’. 


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1 (c) CONFIDENTIALITY.—Section 5038 of title 18, 

2 United States Code, is amended— 

3 (1) in subsection (a), in the flush text following 

4 paragraph (6), by inserting after ‘‘bonding,’’ the fol5 lowing: ‘‘participation in an educational system,’’; 

6 and 

7 (2) in subsection (b), by striking ‘‘District 

8 courts exercising jurisdiction over any juvenile’’ and 

9 inserting the following: ‘‘Not later than 7 days after 

10 the date on which a district court exercises jurisdic11 tion over a juvenile, the district court’’. 

12 (d) SEALING; EXPUNGEMENT.— 

13 (1) IN GENERAL.—Chapter 403 of title 18, 

14 United States Code, is amended by adding at the 

15 end the following: 

16 ‘‘§ 5044. Sealing 

17 ‘‘(a) AUTOMATIC SEALING OF NONVIOLENT OF18 FENSES.— 

19 ‘‘(1) IN GENERAL.—Three years after the date 

20 on which a person who is adjudicated delinquent 

21 under this chapter for a juvenile nonviolent offense 

22 completes every term of probation, official detention, 

23 or juvenile delinquent supervision ordered by the 

24 court with respect to the offense, the court shall 


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1 order the sealing of each juvenile record or portion 

2 thereof that relates to the offense if the person— 

3 ‘‘(A) has not been convicted of a crime or 

4 adjudicated delinquent for an act of juvenile de5 linquency since the date of the disposition; and 

6 ‘‘(B) is not engaged in active criminal 

7 court proceedings or juvenile delinquency pro8 ceedings. 

9 ‘‘(2) AUTOMATIC NATURE OF SEALING.—The 

10 order of sealing under paragraph (1) shall require 

11 no action by the person whose juvenile records are 

12 to be sealed. 

13 ‘‘(3) NOTICE OF AUTOMATIC SEALING.—A 

14 court that orders the sealing of a juvenile record of 

15 a person under paragraph (1) shall, in writing, in16 form the person of the sealing and the benefits of 

17 sealing the record, including protection from civil 

18 and criminal perjury, false swearing, and false state19 ment laws with respect to the record. 

20 ‘‘(b) PETITIONING FOR EARLY SEALING OF NON21 VIOLENT OFFENSES.— 

22 ‘‘(1) RIGHT TO FILE SEALING PETITION.— 

23 ‘‘(A) IN GENERAL.—During the 3-year pe24 riod beginning on the date on which a person 

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1 ter for a juvenile nonviolent offense completes 

2 every term of probation, official detention, or 

3 juvenile delinquent supervision ordered by the 

4 court with respect to the offense, the person 

5 may petition the court to seal the juvenile 

6 records that relate to the offense. 

7 ‘‘(B) NOTICE OF OPPORTUNITY TO FILE

8 PETITION.—If a person is adjudged delinquent 

9 for a juvenile nonviolent offense, the court in 

10 which the person is adjudged delinquent shall, 

11 in writing, inform the person of the potential 

12 eligibility of the person to file a sealing petition 

13 with respect to the offense upon completing 

14 every term of probation, official detention, or 

15 juvenile delinquent supervision ordered by the 

16 court with respect to the offense, and the nec17 essary procedures for filing the sealing peti18 tion— 

19 ‘‘(i) on the date on which the indi20 vidual is adjudged delinquent; and 

21 ‘‘(ii) on the date on which the indi22 vidual has completed every term of proba23 tion, official detention, or juvenile delin24 quent supervision ordered by the court 

25 with respect to the offense. 


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1 ‘‘(2) PROCEDURES.— 

2 ‘‘(A) NOTIFICATION TO PROSECUTOR.—If 

3 a person files a sealing petition with respect to 

4 a juvenile nonviolent offense, the court in which 

5 the petition is filed shall provide notice of the 

6 petition— 

7 ‘‘(i) to the Attorney General; and 

8 ‘‘(ii) upon the request of the peti9 tioner, to any other individual that the pe10 titioner determines may testify as to— 

11 ‘‘(I) the conduct of the petitioner 

12 since the date of the offense; or 

13 ‘‘(II) the reasons that the sealing 

14 order should be entered. 

15 ‘‘(B) HEARING.— 

16 ‘‘(i) IN GENERAL.—Not later than 

17 180 days after the date on which a person 

18 files a sealing petition, the court shall— 

19 ‘‘(I) except as provided in clause 

20 (iii), conduct a hearing in accordance 

21 with clause (ii); and 

22 ‘‘(II) determine whether to enter 

23 a sealing order for the person in ac24 cordance with subparagraph (C). 


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1 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

2 OFFER EVIDENCE.— 

3 ‘‘(I) PETITIONER.—The peti4 tioner may testify or offer evidence at 

5 the sealing hearing in support of seal6 ing. 

7 ‘‘(II) PROSECUTOR.—The Attor8 ney General may send a representa9 tive to testify or offer evidence at the 

10 sealing hearing in support of or 

11 against sealing. 

12 ‘‘(III) OTHER INDIVIDUALS.—An 

13 individual who receives notice under 

14 subparagraph (A)(ii) may testify or 

15 offer evidence at the sealing hearing 

16 as to the issues described in sub17 clauses (I) and (II) of that subpara18 graph. 

19 ‘‘(iii) WAIVER OF HEARING.—If the 

20 petitioner and the Attorney General so 

21 agree, the court shall make a determina22 tion under subparagraph (C) without a 

23 hearing. 


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1 ‘‘(C) BASIS FOR DECISION.—The court 

2 shall determine whether to grant the sealing pe3 tition after considering— 

4 ‘‘(i) the sealing petition and any docu5 ments in the possession of the court; 

6 ‘‘(ii) all the evidence and testimony 

7 presented at the sealing hearing, if such a 

8 hearing is conducted; 

9 ‘‘(iii) the best interests of the peti10 tioner; 

11 ‘‘(iv) the age of the petitioner during 

12 his or her contact with the court or any 

13 law enforcement agency; 

14 ‘‘(v) the nature of the juvenile non15 violent offense; 

16 ‘‘(vi) the disposition of the case; 

17 ‘‘(vii) the manner in which the peti18 tioner participated in any court-ordered re19 habilitative programming or supervised 

20 services; 

21 ‘‘(viii) the length of the time period 

22 during which the petitioner has been with23 out contact with any court or law enforce24 ment agency; 


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1 ‘‘(ix) whether the petitioner has had 

2 any criminal or juvenile delinquency in3 volvement since the disposition of the juve4 nile delinquency proceeding; and 

5 ‘‘(x) the adverse consequences the pe6 titioner may suffer if the petition is not 

7 granted. 

8 ‘‘(D) WAITING PERIOD AFTER DENIAL.—If 

9 the court denies a sealing petition, the peti10 tioner may not file a new sealing petition with 

11 respect to the same juvenile nonviolent offense 

12 until the date that is 2 years after the date of 

13 the denial. 

14 ‘‘(E) UNIVERSAL FORM.—The Director of 

15 the Administrative Office of the United States 

16 Courts shall create a universal form, available 

17 over the internet and in paper form, that an in18 dividual may use to file a sealing petition. 

19 ‘‘(F) NO FEE FOR SEALING.—There shall 

20 be no cost for filing a sealing petition. 

21 ‘‘(G) REPORTING.—Not later than 2 years 

22 after the date of enactment of this section, and 

23 each year thereafter, each district court of the 

24 United States shall issue a public report that— 

25 ‘‘(i) describes— 


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1 ‘‘(I) the number of sealing peti2 tions granted and denied under this 

3 subsection; and 

4 ‘‘(II) the number of instances in 

5 which the Attorney General supported 

6 or opposed a sealing petition; 

7 ‘‘(ii) includes any supporting data 

8 that the court determines relevant and that 

9 does not name any petitioner; and 

10 ‘‘(iii) disaggregates all relevant data 

11 by race, ethnicity, gender, and the nature 

12 of the offense. 

13 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

14 ‘‘(i) PETITIONERS UNDER AGE 18.— 

15 The district court shall appoint counsel in 

16 accordance with the plan of the district 

17 court in operation under section 3006A to 

18 represent a petitioner for purposes of this 

19 subsection if the petitioner is less than 18 

20 years of age. 

21 ‘‘(ii) PETITIONERS AGE 18 AND

22 OLDER.— 

23 ‘‘(I) DISCRETION OF COURT.—In 

24 the case of a petitioner who not less 

25 than 18 years of age, the district 


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1 court may, in its discretion, appoint 

2 counsel in accordance with the plan of 

3 the district court in operation under 

4 section 3006A to represent the peti5 tioner for purposes of this subsection. 

6 ‘‘(II) CONSIDERATIONS.—In de7 termining whether to appoint counsel 

8 under subclause (I), the court shall 

9 consider— 

10 ‘‘(aa) the anticipated com11 plexity of the sealing hearing, in12 cluding the number and type of 

13 witnesses called to advocate 

14 against the sealing of the records 

15 of the petitioner; and 

16 ‘‘(bb) the potential for ad17 verse testimony by a victim or a 

18 representative of the Attorney 

19 General. 

20 ‘‘(c) EFFECT OF SEALING ORDER.— 

21 ‘‘(1) IN GENERAL.—Except as provided in this 

22 subsection, if a court orders the sealing of a juvenile 

23 record under subsection (a) or (b) with respect to a 

24 juvenile nonviolent offense, the offense and any ar25 rest, juvenile delinquency proceeding, adjudication, 


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1 or other result of such proceeding relating to the of2 fense shall be treated as if it never occurred. 

3 ‘‘(2) VERIFICATION OF SEALING.—If a court 

4 orders the sealing of a juvenile record under sub5 section (a) or (b) with respect to a juvenile non6 violent offense, the court shall— 

7 ‘‘(A) send a copy of the sealing order to 

8 each entity or person known to the court that 

9 possesses a record relating to the offense, in10 cluding each— 

11 ‘‘(i) law enforcement agency; and 

12 ‘‘(ii) public or private correctional or 

13 detention facility; 

14 ‘‘(B) in the sealing order, require each en15 tity or person described in subparagraph (A) 

16 to— 

17 ‘‘(i) seal the record; and 

18 ‘‘(ii) submit a written certification to 

19 the court, under penalty of perjury, that 

20 the entity or person has sealed each paper 

21 and electronic copy of the record; 

22 ‘‘(C) seal each paper and electronic copy of 

23 the record in the possession of the court; and 

24 ‘‘(D) after receiving a written certification 

25 from each entity or person under subparagraph 


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1 (B)(ii), notify the petitioner that each entity or 

2 person described in subparagraph (A) has 

3 sealed each paper and electronic copy of the 

4 record. 

5 ‘‘(3) PROTECTION FROM PERJURY LAWS.—Ex6 cept as provided in paragraph (5)(C)(i), the person 

7 who is the subject of a juvenile record sealed under 

8 subsection (a) or (b) or a parent of the person shall 

9 not be subject to prosecution under any civil or 

10 criminal provision of Federal or State law relating to 

11 perjury, false swearing, or making a false statement, 

12 including section 1001, 1621, 1622, or 1623, for 

13 failing to acknowledge the record or respond to any 

14 inquiry made of the person or the parent, relating 

15 to the record, for any purpose. 

16 ‘‘(4) LAW ENFORCEMENT ACCESS TO SEALED

17 RECORDS.—A law enforcement agency may access a 

18 sealed juvenile record of a person solely— 

19 ‘‘(A) to determine whether the person is el20 igible for a first-time-offender diversion pro21 gram; 

22 ‘‘(B) for investigatory or prosecutorial pur23 poses within the juvenile justice system; or 

24 ‘‘(C) for a background check that relates 

25 to— 


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1 ‘‘(i) law enforcement employment; or 

2 ‘‘(ii) any position that a Federal agen3 cy designates as a— 

4 ‘‘(I) national security position; or 

5 ‘‘(II) high-risk, public trust posi6 tion. 

7 ‘‘(5) PROHIBITION ON DISCLOSURE.— 

8 ‘‘(A) PROHIBITION.—Except as provided 

9 in subparagraph (C), it shall be unlawful to in10 tentionally make or attempt to make an unau11 thorized disclosure of any information from a 

12 sealed juvenile record in violation of this sec13 tion. 

14 ‘‘(B) PENALTY.—Any person who violates 

15 subparagraph (A) shall be fined under this title, 

16 imprisoned for not more than 1 year, or both. 

17 ‘‘(C) EXCEPTIONS.— 

18 ‘‘(i) BACKGROUND CHECKS.—A per19 son who is the subject of a juvenile record 

20 sealed under this section shall, and a Fed21 eral or State law enforcement agency that 

22 possesses such a record may, disclose the 

23 record in the case of a background check 

24 for— 


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1 ‘‘(I) law enforcement employ2 ment; or 

3 ‘‘(II) any employment that re4 quires a government security clear5 ance. 

6 ‘‘(ii) DISCLOSURE TO ARMED

7 FORCES.—A person may disclose informa8 tion from a sealed juvenile record to the 

9 Secretaries of the military departments (or 

10 the Secretary of Homeland Security with 

11 respect to the Coast Guard when it is not 

12 operating as a service in the Navy) for the 

13 purpose of vetting an enlistment or com14 mission, or with regard to any member of 

15 the Armed Forces. 

16 ‘‘(iii) CRIMINAL AND JUVENILE PRO17 CEEDINGS.—A prosecutor may disclose in18 formation from a juvenile record sealed 

19 under this section if the information per20 tains to a potential witness in a Federal or 

21 State— 

22 ‘‘(I) criminal proceeding; or 

23 ‘‘(II) juvenile delinquency pro24 ceeding. 


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1 ‘‘(iv) AUTHORIZATION FOR PERSON

2 TO DISCLOSE OWN RECORD.—A person 

3 who is the subject of a juvenile record 

4 sealed under this section may choose to 

5 disclose the record. 

6 ‘‘§ 5045. Expungement 

7 ‘‘(a) AUTOMATIC EXPUNGEMENT OF CERTAIN

8 RECORDS.— 

9 ‘‘(1) ATTORNEY GENERAL MOTION.— 

10 ‘‘(A) NONVIOLENT OFFENSES COMMITTED

11 BEFORE A PERSON TURNED 15.—If a person is 

12 adjudicated delinquent under this chapter for a 

13 juvenile nonviolent offense committed before the 

14 person attained 15 years of age, on the date on 

15 which the person attains 18 years of age, the 

16 Attorney General shall file a motion in the dis17 trict court of the United States in which the 

18 person was adjudicated delinquent requesting 

19 that each juvenile record of the person that re20 lates to the offense be expunged. 

21 ‘‘(B) ARRESTS.—If a juvenile is arrested 

22 for an offense for which a juvenile delinquency 

23 proceeding is not instituted under this sub24 chapter, the Attorney General shall file a mo25 tion in the district court of the United States 


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1 that would have had jurisdiction of the pro2 ceeding requesting that each juvenile record re3 lating to the arrest be expunged. 

4 ‘‘(C) EXPUNGEMENT ORDER.—Upon the 

5 filing of a motion in a district court of the 

6 United States with respect to a juvenile non7 violent offense under subparagraph (A) or an 

8 arrest for an offense under subparagraph (B), 

9 the court shall grant the motion and order that 

10 each juvenile record relating to the offense or 

11 arrest, as applicable, be expunged. 

12 ‘‘(2) DISMISSED CASES.—If a district court of 

13 the United States dismisses an information with re14 spect to a juvenile under this subchapter or finds a 

15 juvenile not to be delinquent in a juvenile delin16 quency proceeding under this subchapter, the court 

17 shall concurrently order that each juvenile record re18 lating to the applicable proceeding be expunged. 

19 ‘‘(3) AUTOMATIC NATURE OF EXPUNGEMENT.— 

20 An order of expungement under paragraph (1)(C) or 

21 (2) shall not require any action by the person whose 

22 records are to be expunged. 

23 ‘‘(4) NOTICE OF AUTOMATIC EXPUNGEMENT.— 

24 A court that orders the expungement of a juvenile 

25 record of a person under paragraph (1)(C) or (2) 


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1 shall, in writing, inform the person of the 

2 expungement and the benefits of expunging the 

3 record, including protection from civil and criminal 

4 perjury, false swearing, and false statement laws 

5 with respect to the record. 

6 ‘‘(b) PETITIONING FOR EXPUNGEMENT OF NON7 VIOLENT OFFENSES.— 

8 ‘‘(1) IN GENERAL.—A person who is adjudged 

9 delinquent under this chapter for a juvenile non10 violent offense committed on or after the date on 

11 which the person attained 15 years of age may peti12 tion the court in which the proceeding took place to 

13 order the expungement of the juvenile record that 

14 relates to the offense. 

15 ‘‘(2) PROCEDURES.— 

16 ‘‘(A) NOTIFICATION OF PROSECUTOR AND

17 VICTIMS.—If a person files an expungement pe18 tition with respect to a juvenile nonviolent of19 fense, the court in which the petition is filed 

20 shall provide notice of the petition— 

21 ‘‘(i) to the Attorney General; and 

22 ‘‘(ii) upon the request of the peti23 tioner, to any other individual that the pe24 titioner determines may testify as to— 


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1 ‘‘(I) the conduct of the petitioner 

2 since the date of the offense; or 

3 ‘‘(II) the reasons that the 

4 expungement order should be entered. 

5 ‘‘(B) HEARING.— 

6 ‘‘(i) IN GENERAL.—Not later than 

7 180 days after the date on which a person 

8 files an expungement petition, the court 

9 shall— 

10 ‘‘(I) except as provided in clause 

11 (iii), conduct a hearing in accordance 

12 with clause (ii); and 

13 ‘‘(II) determine whether to enter 

14 an expungement order for the person 

15 in accordance with subparagraph (C). 

16 ‘‘(ii) OPPORTUNITY TO TESTIFY AND

17 OFFER EVIDENCE.— 

18 ‘‘(I) PETITIONER.—The peti19 tioner may testify or offer evidence at 

20 the expungement hearing in support 

21 of expungement. 

22 ‘‘(II) PROSECUTOR.—The Attor23 ney General may send a representa24 tive to testify or offer evidence at the 


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1 expungement hearing in support of or 

2 against expungement. 

3 ‘‘(III) OTHER INDIVIDUALS.—An 

4 individual who receives notice under 

5 subparagraph (A)(ii) may testify or 

6 offer evidence at the expungement 

7 hearing as to the issues described in 

8 subclauses (I) and (II) of that sub9 paragraph. 

10 ‘‘(C) BASIS FOR DECISION.—The court 

11 shall determine whether to grant an expunge12 ment petition after considering— 

13 ‘‘(i) the petition and any documents in 

14 the possession of the court; 

15 ‘‘(ii) all the evidence and testimony 

16 presented at the expungement hearing, if 

17 such a hearing is conducted; 

18 ‘‘(iii) the best interests of the peti19 tioner; 

20 ‘‘(iv) the age of the petitioner during 

21 his or her contact with the court or any 

22 law enforcement agency; 

23 ‘‘(v) the nature of the juvenile non24 violent offense; 

25 ‘‘(vi) the disposition of the case; 


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1 ‘‘(vii) the manner in which the peti2 tioner participated in any court-ordered re3 habilitative programming or supervised 

4 services; 

5 ‘‘(viii) the length of the time period 

6 during which the petitioner has been with7 out contact with any court or any law en8 forcement agency; 

9 ‘‘(ix) whether the petitioner has had 

10 any criminal or juvenile delinquency in11 volvement since the disposition of the juve12 nile delinquency proceeding; and 

13 ‘‘(x) the adverse consequences the pe14 titioner may suffer if the petition is not 

15 granted. 

16 ‘‘(D) WAITING PERIOD AFTER DENIAL.—If 

17 the court denies an expungement petition, the 

18 petitioner may not file a new expungement peti19 tion with respect to the same offense until the 

20 date that is 2 years after the date of the denial. 

21 ‘‘(E) UNIVERSAL FORM.—The Director of 

22 the Administrative Office of the United States 

23 Courts shall create a universal form, available 

24 over the internet and in paper form, that an inVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 dividual may use to file an expungement peti2 tion. 

3 ‘‘(F) NO FEE FOR EXPUNGEMENT.—There 

4 shall be no cost for filing an expungement peti5 tion. 

6 ‘‘(G) REPORTING.—Not later than 2 years 

7 after the date of enactment of this section, and 

8 each year thereafter, each district court of the 

9 United States shall issue a public report that— 

10 ‘‘(i) describes— 

11 ‘‘(I) the number of expungement 

12 petitions granted and denied under 

13 this subsection; and 

14 ‘‘(II) the number of instances in 

15 which the Attorney General supported 

16 or opposed an expungement petition; 

17 ‘‘(ii) includes any supporting data 

18 that the court determines relevant and that 

19 does not name any petitioner; and 

20 ‘‘(iii) disaggregates all relevant data 

21 by race, ethnicity, gender, and the nature 

22 of the offense. 

23 ‘‘(H) PUBLIC DEFENDER ELIGIBILITY.— 

24 ‘‘(i) PETITIONERS UNDER AGE 18.— 

25 The district court shall appoint counsel in 


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1 accordance with the plan of the district 

2 court in operation under section 3006A to 

3 represent a petitioner for purposes of this 

4 subsection if the petitioner is less than 18 

5 years of age. 

6 ‘‘(ii) PETITIONERS AGE 18 AND

7 OLDER.— 

8 ‘‘(I) DISCRETION OF COURT.—In 

9 the case of a petitioner who not less 

10 than 18 years of age, the district 

11 court may, in its discretion, appoint 

12 counsel in accordance with the plan of 

13 the district court in operation under 

14 section 3006A to represent the peti15 tioner for purposes of this subsection. 

16 ‘‘(II) CONSIDERATIONS.—In de17 termining whether to appoint counsel 

18 under subclause (I), the court shall 

19 consider— 

20 ‘‘(aa) the anticipated com21 plexity of the expungement hear22 ing, including the number and 

23 type of witnesses called to advo24 cate against the expungement of 

25 the records of the petitioner; and 


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1 ‘‘(bb) the potential for ad2 verse testimony by a victim or a 

3 representative of the Attorney 

4 General. 

5 ‘‘(c) EFFECT OF EXPUNGED JUVENILE RECORD.— 

6 ‘‘(1) IN GENERAL.—Except as provided in this 

7 subsection, if a court orders the expungement of a 

8 juvenile record under subsection (a) or (b) with re9 spect to a juvenile nonviolent offense— 

10 ‘‘(A) the offense and any arrest, juvenile 

11 delinquency proceeding, adjudication, or other 

12 result of such proceeding relating to the offense 

13 shall be treated as if it never occurred; and 

14 ‘‘(B) the person to whom the record per15 tains shall not be required to disclose the exist16 ence of the record. 

17 ‘‘(2) VERIFICATION OF EXPUNGEMENT.—If a 

18 court orders the expungement of a juvenile record 

19 under subsection (a) or (b) with respect to a juvenile 

20 nonviolent offense, the court shall— 

21 ‘‘(A) send a copy of the expungement order 

22 to each entity or person known to the court 

23 that possesses a record relating to the offense, 

24 including each— 

25 ‘‘(i) law enforcement agency; and 


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1 ‘‘(ii) public or private correctional or 

2 detention facility; 

3 ‘‘(B) in the expungement order, require 

4 each entity or person described in subparagraph 

5 (A) to— 

6 ‘‘(i) destroy the record; and 

7 ‘‘(ii) submit a written certification to 

8 the court, under penalty of perjury, that 

9 the entity or person has destroyed each 

10 paper and electronic copy of the record; 

11 ‘‘(C) destroy each paper and electronic 

12 copy of the record in the possession of the 

13 court; and 

14 ‘‘(D) after receiving a written certification 

15 from each entity or person under subparagraph 

16 (B)(ii), notify the petitioner that each entity or 

17 person described in subparagraph (A) has de18 stroyed each paper and electronic copy of the 

19 record. 

20 ‘‘(3) REPLY TO INQUIRIES.—In the case of an 

21 inquiry relating to a juvenile record of a person that 

22 is expunged under this section, the court in which 

23 the proceeding took place, each law enforcement offi24 cer, any agency that provided treatment or rehabili25 tation services to the person, and the person (except 


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1 as provided in paragraph (6)) shall reply to the in2 quiry that no such juvenile record exists. 

3 ‘‘(4) PROTECTION FROM PERJURY LAWS.—Ex4 cept as provided in paragraph (5), if a juvenile 

5 record of a person is expunged under this section, 

6 the person who is the subject of the record or a par7 ent of the person shall not be subject to prosecution 

8 under any civil or criminal provision of Federal or 

9 State law relating to perjury, false swearing, or 

10 making a false statement, including section 1001, 

11 1621, 1622, or 1623, for failing to acknowledge the 

12 record or respond to any inquiry made of the person 

13 or the parent, relating to the record, for any pur14 pose. 

15 ‘‘(5) CIVIL ACTIONS.— 

16 ‘‘(A) IN GENERAL.—If a person whose ju17 venile record is expunged under this section 

18 brings an action that might be defended with 

19 the contents of the record, there shall be a re20 buttable presumption that the defendant has a 

21 complete defense to the action. 

22 ‘‘(B) SHOWING BY PLAINTIFF.—In an ac23 tion described in subparagraph (A), the plaintiff 

24 may rebut the presumption of a complete de25 fense by showing that the contents of the exVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 punged record would not prevent the defendant 

2 from being liable. 

3 ‘‘(C) DUTY TO TESTIFY AS TO EXISTENCE

4 OF RECORD.—The court in which an action de5 scribed in subparagraph (A) is filed may re6 quire the plaintiff to state under oath whether 

7 the plaintiff had a juvenile record and whether 

8 the record was expunged. 

9 ‘‘(D) PROOF OF EXISTENCE OF JUVENILE

10 RECORD.—If the plaintiff in an action described 

11 in subparagraph (A) denies the existence of a 

12 juvenile record, the defendant may prove the ex13 istence of the record in any manner compatible 

14 with the applicable laws of evidence. 

15 ‘‘(6) CRIMINAL AND JUVENILE PRO16 CEEDINGS.—A prosecutor may disclose information 

17 from a juvenile record expunged under this section 

18 if the information pertains to a potential witness in 

19 a Federal or State— 

20 ‘‘(A) criminal proceeding; or 

21 ‘‘(B) juvenile delinquency proceeding. 

22 ‘‘(7) AUTHORIZATION FOR PERSON TO DIS23 CLOSE OWN RECORD.—A person who is the subject 

24 of a juvenile record expunged under this section may 

25 choose to disclose the record.’’. 


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1 (2) TECHNICAL AND CONFORMING AMEND2 MENT.—The table of sections for chapter 403 of 

3 title 18, United States Code, is amended by adding 

4 at the end the following: 

‘‘5044. Sealing. 

‘‘5045. Expungement.’’. 

5 (3) APPLICABILITY.—Sections 5044 and 5045 

6 of title 18, United States Code, as added by para7 graph (1), shall apply with respect to a juvenile non8 violent offense (as defined in section 5031 of such 

9 title, as amended by subsection (b)) that is com10 mitted or alleged to have been committed before, on, 

11 or after the date of enactment of this Act. 

12 (e) JUVENILE SOLITARY CONFINEMENT.—Chapter 

13 403 of title 18, United States Code, as amended by this 

14 title, is further amended by striking section 5043 and in15 serting the following: 

16 ‘‘§ 5043. Juvenile solitary confinement 

17 ‘‘(a) DEFINITIONS.—In this section— 

18 ‘‘(1) the term ‘covered juvenile’ means— 

19 ‘‘(A) a juvenile who— 

20 ‘‘(i) is being proceeded against under 

21 this chapter for an alleged act of juvenile 

22 delinquency; or 

23 ‘‘(ii) has been adjudicated delinquent 

24 under this chapter; or 


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1 ‘‘(B) a juvenile who is being proceeded 

2 against as an adult in a district court of the 

3 United States for an alleged criminal offense; 

4 ‘‘(2) the term ‘juvenile facility’ means any facil5 ity where covered juveniles are— 

6 ‘‘(A) committed pursuant to an adjudica7 tion of delinquency under this chapter; or 

8 ‘‘(B) detained prior to disposition or con9 viction; and 

10 ‘‘(3) the term ‘room confinement’ means the in11 voluntary placement of a covered juvenile alone in a 

12 cell, room, or other area for any reason. 

13 ‘‘(b) PROHIBITION ON ROOM CONFINEMENT IN JU14 VENILE FACILITIES.— 

15 ‘‘(1) IN GENERAL.—The use of room confine16 ment at a juvenile facility for discipline, punishment, 

17 retaliation, or any reason other than as a temporary 

18 response to a covered juvenile’s behavior that poses 

19 a serious and immediate risk of physical harm to 

20 any individual, including the covered juvenile, is pro21 hibited. 

22 ‘‘(2) JUVENILES POSING RISK OF HARM.— 

23 ‘‘(A) REQUIREMENT TO USE LEAST RE24 STRICTIVE TECHNIQUES.— 


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1 ‘‘(i) IN GENERAL.—Before a staff 

2 member of a juvenile facility places a cov3 ered juvenile in room confinement, the 

4 staff member shall attempt to use less re5 strictive techniques, including— 

6 ‘‘(I) talking with the covered ju7 venile in an attempt to de-escalate the 

8 situation; and 

9 ‘‘(II) permitting a qualified men10 tal health professional, or a staff 

11 member who has received training in 

12 de-escalation techniques and trauma13 informed care, to talk to the covered 

14 juvenile. 

15 ‘‘(ii) EXPLANATION.—If, after at16 tempting to use less restrictive techniques 

17 as required under clause (i), a staff mem18 ber of a juvenile facility decides to place a 

19 covered juvenile in room confinement, the 

20 staff member shall first— 

21 ‘‘(I) explain to the covered juve22 nile the reasons for the room confine23 ment; and 


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1 ‘‘(II) inform the covered juvenile 

2 that release from room confinement 

3 will occur— 

4 ‘‘(aa) immediately when the 

5 covered juvenile regains self-con6 trol, as described in subpara7 graph (B)(i); or 

8 ‘‘(bb) not later than after 

9 the expiration of the time period 

10 described in subclause (I) or (II) 

11 of subparagraph (B)(ii), as appli12 cable. 

13 ‘‘(B) MAXIMUM PERIOD OF CONFINE14 MENT.—If a covered juvenile is placed in room 

15 confinement because the covered juvenile poses 

16 a serious and immediate risk of physical harm 

17 to himself or herself, or to others, the covered 

18 juvenile shall be released— 

19 ‘‘(i) immediately when the covered ju20 venile has sufficiently gained control so as 

21 to no longer engage in behavior that 

22 threatens serious and immediate risk of 

23 physical harm to himself or herself, or to 

24 others; or 


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1 ‘‘(ii) if a covered juvenile does not suf2 ficiently gain control as described in clause 

3 (i), not later than— 

4 ‘‘(I) 3 hours after being placed in 

5 room confinement, in the case of a 

6 covered juvenile who poses a serious 

7 and immediate risk of physical harm 

8 to others; or 

9 ‘‘(II) 30 minutes after being 

10 placed in room confinement, in the 

11 case of a covered juvenile who poses a 

12 serious and immediate risk of physical 

13 harm only to himself or herself. 

14 ‘‘(C) RISK OF HARM AFTER MAXIMUM PE15 RIOD OF CONFINEMENT.—If, after the applica16 ble maximum period of confinement under sub17 clause (I) or (II) of subparagraph (B)(ii) has 

18 expired, a covered juvenile continues to pose a 

19 serious and immediate risk of physical harm de20 scribed in that subclause— 

21 ‘‘(i) the covered juvenile shall be 

22 transferred immediately to another juvenile 

23 facility or internal location where services 

24 can be provided to the covered juvenile 

25 without relying on room confinement; or 


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1 ‘‘(ii) if a qualified mental health pro2 fessional believes the level of crisis service 

3 needed is not currently available, a staff 

4 member of the juvenile facility shall imme5 diately transport the juvenile to— 

6 ‘‘(I) an emergency medical facil7 ity; or 

8 ‘‘(II) an equivalent location that 

9 can meet the needs of the covered ju10 venile. 

11 ‘‘(D) ACTION BEFORE EXPIRATION OF

12 TIME LIMIT.—Nothing in subparagraph (C) 

13 shall be construed to prohibit an action de14 scribed in clause (i) or (ii) of that subparagraph 

15 from being taken before the applicable max16 imum period of confinement under subclause (I) 

17 or (II) of subparagraph (B)(ii) has expired. 

18 ‘‘(E) CONDITIONS.—A room used for room 

19 confinement for a juvenile shall— 

20 ‘‘(i) have not less than 80 square feet 

21 of floor space; 

22 ‘‘(ii) have adequate lighting, heating 

23 or cooling (as applicable), and ventilation 

24 for the comfort of the juvenile; 


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1 ‘‘(iii) be suicide-resistant and protru2 sion-free; and 

3 ‘‘(iv) have access to clean potable 

4 water, toilet facilities, and hygiene sup5 plies. 

6 ‘‘(F) NOTICE.— 

7 ‘‘(i) USE OF ROOM CONFINEMENT.— 

8 Not later than 1 business day after the 

9 date on which a juvenile facility places a 

10 covered juvenile in room confinement, the 

11 juvenile facility shall provide notice to the 

12 attorney of record for the juvenile. 

13 ‘‘(ii) TRANSFER.—Not later than 24 

14 hours after a covered juvenile is trans15 ferred from a juvenile facility to another 

16 location, the juvenile facility shall provide 

17 notice to— 

18 ‘‘(I) the attorney of record for 

19 the juvenile; and 

20 ‘‘(II) an authorized parent or 

21 guardian of the juvenile. 

22 ‘‘(G) SPIRIT AND PURPOSE.—The use of 

23 consecutive periods of room confinement to 

24 evade the spirit and purpose of this subsection 

25 shall be prohibited. 


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1 ‘‘(c) STUDY AND REPORT.—Not later than 2 years 

2 after the date of enactment of this section, and each year 

3 thereafter, the Attorney General shall submit to Congress 

4 a report that— 

5 ‘‘(1) contains a detailed description of the type 

6 of physical force, restraints, and room confinement 

7 used at juvenile facilities; 

8 ‘‘(2) describes the number of instances in which 

9 physical force, restraints, or room confinement are 

10 used at juvenile facilities, disaggregated by race, eth11 nicity, and gender; and 

12 ‘‘(3) contains a detailed description of steps 

13 taken, in each instance in which room confinement 

14 is used at a juvenile facility, to address and remedy 

15 the underlying issue that led to behavioral interven16 tion resulting in the use of room confinement, in17 cluding any positive or negative outcomes.’’. 

18 SEC. 904. STUDY AND REPORT ON COST SAVINGS FROM 

19 SEALING AND EXPUNGEMENT PROVISIONS. 

20 (a) STUDY.— 

21 (1) IN GENERAL.—Not later than 5 years after 

22 the date of enactment of this Act, the Attorney Gen23 eral, in consultation with the Secretary of Labor and 

24 the Director of the Office of Management and Budg25 et, shall conduct a study on the cost savings and 


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1 broader economic impact of the sealing and 

2 expungement provisions in the amendments made by 

3 sections 902, 903, and 906 of this title. 

4 (2) CONSIDERATIONS.—In conducting the study 

5 under paragraph (1), the Attorney General shall 

6 consider— 

7 (A) the reduction in recidivism and associ8 ated cost savings related to corrections and 

9 public safety; 

10 (B) increased economic activity by former 

11 offenders, including by conducting an analysis 

12 of the tax revenue generated by that activity; 

13 and 

14 (C) the economic impact on the household 

15 of former offenders and the children of former 

16 offenders. 

17 (b) REPORT.—Not later than 5 years after the date 

18 of enactment of this Act, the Attorney General shall sub19 mit to Congress a report on the study conducted under 

20 subsection (a). 

21 SEC. 905. TANF ASSISTANCE AND SNAP BENEFITS. 

22 (a) REPEAL OF BAN ON ASSISTANCE.—Section 115 

23 of the Personal Responsibility and Work Opportunity Rec24 onciliation Act of 1996 (21 U.S.C. 862a) is repealed. 


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1 (b) EFFECT ON STATE ELECTIONS TO OPT OUT OR

2 LIMIT PERIOD OF PROHIBITION.— 

3 (1) DEFINITIONS.—In this subsection— 

4 (A) the term ‘‘State’’ has the meaning 

5 given the term in section 115(e) of the Personal 

6 Responsibility and Work Opportunity Reconcili7 ation Act of 1996 (21 U.S.C. 862a(e)) (as in 

8 effect on the day before the date of enactment 

9 of this Act); and 

10 (B) the term ‘‘TANF assistance or SNAP 

11 benefits’’ means assistance or benefits referred 

12 to in section 115(a) of the Personal Responsi13 bility and Work Opportunity Reconciliation Act 

14 of 1996 (as in effect on the day before the date 

15 of enactment of this Act). 

16 (2) EFFECT.—A law enacted by a State under 

17 the authority under subparagraph (A) or (B) of sub18 section (d)(1) of section 115 of the Personal Respon19 sibility and Work Opportunity Reconciliation Act of 

20 1996 (21 U.S.C. 862a) (as in effect on the day be21 fore the date of enactment of this Act), and any 

22 State law or regulation enacted to carry out the re23 quirements of such section (as then in effect), that 

24 imposes conditions on eligibility for TANF assist25 ance or SNAP benefits shall have no force or effect. 


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1 SEC. 906. STATE INCENTIVES. 

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

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

4 1968 (34 U.S.C. 10381) is amended— 

5 (1) in subsection (c)— 

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

7 the end; 

8 (B) in paragraph (3), by striking the pe9 riod at the end and inserting ‘‘; or’’; and 

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

11 ‘‘(4) subject to subsection (n)(1), from an appli12 cant in a State that has in effect— 

13 ‘‘(A) a law relating to the confidentiality, 

14 sealing, and expungement of juvenile records 

15 that is substantially similar to, or more gen16 erous to the former offender than, the amend17 ments made by subsections (b) through (d) of 

18 section 903 of the Record Expungement De19 signed to Enhance Employment Act of 2019; 

20 ‘‘(B) a law prohibiting juvenile solitary 

21 confinement that is substantially similar to, or 

22 more restrictive than, the amendment made by 

23 subsection (e) of section 903 of the Record 

24 Expungement Designed to Enhance Employ25 ment Act of 2019; 


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1 ‘‘(C) a law relating to the sealing of adult 

2 records that is substantially similar to, or more 

3 generous to the former offender than, the 

4 amendments made by section 902 of the Record 

5 Expungement Designed to Enhance Employ6 ment Act of 2019; 

7 ‘‘(D) subject to subsection (n)(2), a law 

8 that establishes that an adult criminal court 

9 may not have original jurisdiction over an indi10 vidual who was less than 18 years of age when 

11 the individual committed an offense; 

12 ‘‘(E) a law that allows an individual who 

13 has successfully sealed or expunged a criminal 

14 record to be free from civil and criminal perjury 

15 laws; or 

16 ‘‘(F) a law or policy that ensures to the 

17 maximum extent practicable, for juveniles who 

18 have been arrested for or convicted of a crimi19 nal offense— 

20 ‘‘(i) equal sentencing guidelines, with21 out regard to gender; and 

22 ‘‘(ii) equal access, without regard to 

23 gender, to services, assistance, or benefits 

24 provided.’’; and 

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


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1 ‘‘(n) RULES FOR PREFERENTIAL CONSIDERATION OF

2 STATES WITH LAWS SIMILAR TO REDEEM ACT.— 

3 ‘‘(1) DEGREE OF PRIORITY COMMENSURATE

4 WITH DEGREE OF COMPLIANCE.—If the Attorney 

5 General, in awarding grants under this part, gives 

6 preferential consideration to any application as au7 thorized under subsection (c)(4), the Attorney Gen8 eral shall base the degree of preferential consider9 ation given to an application from an applicant in a 

10 particular State on the number of subparagraphs 

11 under that subsection that the State has satisfied, 

12 relative to the number of such subparagraphs that 

13 each other State has satisfied. 

14 ‘‘(2) JUVENILE TRANSFER PROVISIONS.—Sub15 section (c)(4)(D) shall not be construed to preclude 

16 from preferential consideration an application from 

17 an applicant in a State that— 

18 ‘‘(A) has in effect a law that authorizes the 

19 transfer of an individual who is less than 18 

20 years of age to adult criminal court if the indi21 vidual commits a specified offense or an offense 

22 that falls under a specified category of offenses; 

23 or 

24 ‘‘(B) exercises other case-specific transfer 

25 mechanisms.’’. 


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1 (b) ATTORNEY GENERAL GUIDELINES AND TECH2 NICAL ASSISTANCE.—The Attorney General shall issue 

3 guidelines and provide technical assistance to assist States 

4 in complying with the incentive under paragraph (4) of 

5 section 1701(c) of title I of the Omnibus Crime Control 

6 and Safe Streets Act of 1968 (34 U.S.C. 10381(c)), as 

7 added by subsection (a). 

8 SEC. 907. GENDER EQUALITY IN FEDERAL JUVENILE DE9 LINQUENCY PROCEEDINGS. 

10 (a) DISPOSITIONS.—Section 5037 of title 18, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘(f) GENDER EQUALITY.— 

14 ‘‘(1) POLICY OF THE UNITED STATES.—It is 

15 the policy of the United States that there should be 

16 no disparities based on gender in dispositions of ju17 venile cases. 

18 ‘‘(2) DIRECTIVE TO SENTENCING COMMISSION

19 AND COURTS.—The United States Sentencing Com20 mission, in promulgating sentencing guidelines and 

21 policy statements applicable to dispositions of dis22 trict courts exercising jurisdiction over juveniles, and 

23 the courts, in determining such dispositions, shall 

24 take care to avoid and remedy any disparities de25 scribed in paragraph (1).’’. 


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1 (b) COMMITMENTS.—Section 5039 of title 18, United 

2 States Code, is amended, in the second paragraph, by add3 ing at the end the following: ‘‘The Attorney General shall 

4 promulgate regulations that ensure, to the maximum ex5 tent practicable, equal access, without regard to gender, 

6 to services, assistance, or benefits provided, to juveniles 

7 who have been arrested under Federal authority, or com8 mitted pursuant to an adjudication under this chapter, for 

9 juvenile delinquency.’’. 

10 SEC. 908. ENSURING ACCURACY IN THE FBI BACKGROUND 

11 CHECK SYSTEM. 

12 (a) IN GENERAL.—Section 534 of title 28, United 

13 States Code, as amended by title VIII, is amended by add14 ing at the end the following: 

15 ‘‘(h) ENSURING ACCURACY IN THE FBI BACK16 GROUND CHECK SYSTEM.— 

17 ‘‘(1) DEFINITIONS.—In this subsection— 

18 ‘‘(A) the term ‘applicant’ means the indi19 vidual to whom a record sought to be exchanged 

20 pertains; 

21 ‘‘(B) the term ‘incomplete’, with respect to 

22 a record, means the record— 

23 ‘‘(i) indicates that an individual was 

24 arrested but does not describe the offense 

25 for which the individual was arrested; or 


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1 ‘‘(ii) indicates that an individual was 

2 arrested or criminal proceedings were insti3 tuted against an individual but does not 

4 include the final disposition of the arrest 

5 or of the proceedings if a final disposition 

6 has been reached; 

7 ‘‘(C) the term ‘record’ means a record or 

8 other information collected under this section; 

9 ‘‘(D) the term ‘reporting jurisdiction’ 

10 means any person or entity that provides a 

11 record to the Attorney General under this sec12 tion; and 

13 ‘‘(E) the term ‘requesting entity’— 

14 ‘‘(i) means a person or entity that 

15 seeks the exchange of a record for civil 

16 purposes that include employment, occupa17 tional licensing, occupational certification, 

18 housing, credit, or any other type of appli19 cation; and 

20 ‘‘(ii) does not include a law enforce21 ment or intelligence agency that seeks the 

22 exchange of a record for— 

23 ‘‘(I) investigative purposes; or 

24 ‘‘(II) purposes relating to law en25 forcement employment. 


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1 ‘‘(2) INCOMPLETE OR INACCURATE RECORDS.— 

2 The Attorney General shall establish and enforce 

3 procedures to ensure the prompt release of accurate 

4 records exchanged for civil purposes through the 

5 records system created under this section. 

6 ‘‘(3) REQUIRED PROCEDURES.—The procedures 

7 established under paragraph (2) shall include the 

8 following: 

9 ‘‘(A) INACCURATE RECORD OR INFORMA10 TION.—If the Attorney General determines that 

11 a record is inaccurate, the Attorney General 

12 shall, not later than 10 days after the date on 

13 which the requesting entity requests the ex14 change and before the exchange is made, 

15 promptly correct the record, including by mak16 ing deletions to the record if appropriate. 

17 ‘‘(B) INCOMPLETE RECORD.— 

18 ‘‘(i) IN GENERAL.—If the Attorney 

19 General determines that a record is incom20 plete or cannot be verified, the Attorney 

21 General— 

22 ‘‘(I) shall attempt to complete or 

23 verify the record; and 

24 ‘‘(II) if unable to complete or 

25 verify the record, may promptly make 


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1 any changes or deletions to the 

2 record. 

3 ‘‘(ii) LACK OF DISPOSITION OF AR4 REST.—For purposes of this subpara5 graph, an incomplete record includes a 

6 record that indicates there was an arrest 

7 and does not include the disposition of the 

8 arrest. 

9 ‘‘(iii) OBTAINING DISPOSITION OF AR10 REST.—If the Attorney General determines 

11 that a record is an incomplete record de12 scribed in clause (ii), the Attorney General 

13 shall, not later than 10 days after the date 

14 on which the requesting entity requests the 

15 exchange and before the exchange is made, 

16 obtain the disposition (if any) of the ar17 rest. 

18 ‘‘(C) NOTIFICATION OF REPORTING JURIS19 DICTION.—The Attorney General shall notify 

20 each appropriate reporting jurisdiction of any 

21 action taken under subparagraph (A) or (B). 

22 ‘‘(D) OPPORTUNITY TO REVIEW RECORDS

23 BY APPLICANT.—In connection with an ex24 change of a record under this section, the At25 torney General shall— 


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1 ‘‘(i) obtain the consent of the appli2 cant to exchange the record with the re3 questing entity; 

4 ‘‘(ii) at the time of consent, notify the 

5 applicant that the applicant can obtain a 

6 copy of the record; 

7 ‘‘(iii) provide to the applicant an op8 portunity to— 

9 ‘‘(I) obtain a copy of the record 

10 upon request; and 

11 ‘‘(II) challenge the accuracy and 

12 completeness of the record; 

13 ‘‘(iv) promptly notify the requesting 

14 entity of any such challenge; 

15 ‘‘(v) not later than 30 days after the 

16 date on which the challenge is made, com17 plete an investigation of the challenge; 

18 ‘‘(vi) provide to the applicant the spe19 cific findings and results of that investiga20 tion; 

21 ‘‘(vii) promptly make any changes or 

22 deletions to the records required as a re23 sult of the challenge; and 

24 ‘‘(viii) report those changes to the re25 questing entity. 


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1 ‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 

2 An exchange shall not include any record— 

3 ‘‘(i) about an arrest more than 2 

4 years old as of the date of the request for 

5 the exchange, that does not also include a 

6 disposition (if any) of that arrest; 

7 ‘‘(ii) relating to an adult or juvenile 

8 non-serious offense of the sort described in 

9 section 20.32(b) of title 28, Code of Fed10 eral Regulations, as in effect on July 1, 

11 2009; or 

12 ‘‘(iii) to the extent the record is not 

13 clearly an arrest or a disposition of an ar14 rest. 

15 ‘‘(4) FEES.—The Attorney General may collect 

16 a reasonable fee for an exchange of records for civil 

17 purposes through the records system created under 

18 this section to defray the costs associated with ex19 changes for those purposes, including any costs asso20 ciated with the investigation of inaccurate or incom21 plete records.’’. 

22 (b) REGULATIONS ON REASONABLE PROCEDURES.— 

23 Not later than 1 year after the date of enactment of this 

24 Act, the Attorney General shall issue regulations to carry 


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1 out section 534(h) of title 28, United States Code, as 

2 added by subsection (a). 

3 (c) REPORT.—Not later than 2 years after the date 

4 of enactment of this Act, the Attorney General shall sub5 mit to Congress a report on the implementation of sub6 section (h) of section 534 of title 28, United States Code, 

7 as added by subsection (a), that includes— 

8 (1) the number of exchanges of records for civil 

9 purposes made with entities in each State through 

10 the records system created under such section 534; 

11 (2) any prolonged failure of a reporting juris12 diction to comply with a request by the Attorney 

13 General for information about dispositions of ar14 rests; and 

15 (3) the numbers of successful and unsuccessful 

16 challenges to the accuracy and completeness of 

17 records, organized by State of origination of each 

18 record. 

19 SEC. 909. REPORT ON STATUTORY AND REGULATORY RE20 STRICTIONS AND DISQUALIFICATIONS BASED 

21 ON CRIMINAL RECORDS. 

22 (a) IN GENERAL.—Not later than 2 years after the 

23 date of enactment of this Act, the Attorney General, in 

24 consultation with the Secretary of Labor and the Director 

25 of the Office of Personnel Management, shall submit to 


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1 Congress a report on each Federal statute, regulation, or 

2 policy that authorizes a restriction on, or disqualification 

3 of, an applicant for employment or for a Federal license 

4 or permit based on the criminal record of the applicant. 

5 (b) IDENTIFICATION OF INFORMATION.—In the re6 port submitted under subsection (a), the Attorney General 

7 shall— 

8 (1) identify each occupation, position, license, 

9 or permit to which a restriction or disqualification 

10 described in subsection (a) applies; and 

11 (2) for each occupation, position, license, or 

12 permit identified under paragraph (1), include— 

13 (A) a description of the restriction or dis14 qualification; 

15 (B) the duration of the restriction or dis16 qualification; 

17 (C) an evaluation of the rationale for the 

18 restriction or disqualification and its continuing 

19 usefulness; 

20 (D) the procedures, if any, to appeal, 

21 waive, or exempt the restriction or disqualifica22 tion based on a showing of rehabilitation or 

23 other relevant evidence; 


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1 (E) any information available about the 

2 numbers of individuals restricted or disqualified 

3 on the basis of a criminal record; and 

4 (F) the identity of the Federal agency with 

5 jurisdiction over the restriction or disqualifica6 tion. 

7 TITLE X—DEMOCRACY 

8 RESTORATION ACT 

9 SEC. 1001. SHORT TITLE. 

10 This title may be cited as the ‘‘Democracy Restora11 tion Act of 2019’’. 

12 SEC. 1002. FINDINGS. 

13 Congress makes the following findings: 

14 (1) The right to vote is the most basic constitu15 tive act of citizenship. Regaining the right to vote 

16 reintegrates individuals with criminal convictions 

17 into free society, helping to enhance public safety. 

18 (2) Article I, section 4, of the Constitution of 

19 the United States grants Congress ultimate super20 visory power over Federal elections, an authority 

21 which has repeatedly been upheld by the Supreme 

22 Court of the United States. 

23 (3) Basic constitutional principles of fairness 

24 and equal protection require an equal opportunity 

25 for citizens of the United States to vote in Federal 


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1 elections. The right to vote may not be abridged or 

2 denied by the United States or by any State on ac3 count of race, color, gender, or previous condition of 

4 servitude. The 13th, 14th, 15th, 19th, 24th, and 

5 26th Amendments to the Constitution of the United 

6 States empower Congress to enact measures to pro7 tect the right to vote in Federal elections. The 8th 

8 Amendment to the Constitution of the United States 

9 provides for no excessive bail to be required, nor ex10 cessive fines imposed, nor cruel and unusual punish11 ments inflicted. 

12 (4) There are 3 areas where discrepancies in 

13 State laws regarding criminal convictions lead to un14 fairness in Federal elections— 

15 (A) the lack of a uniform standard for vot16 ing in Federal elections leads to an unfair dis17 parity and unequal participation in Federal 

18 elections based solely on where a person lives; 

19 (B) laws governing the restoration of vot20 ing rights after a criminal conviction vary 

21 throughout the country and persons in some 

22 States can easily regain their voting rights 

23 while in other States persons effectively lose 

24 their right to vote permanently; and 


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1 (C) State disenfranchisement laws dis2 proportionately impact racial and ethnic minori3 ties. 

4 (5) Two States do not disenfranchise individ5 uals with criminal convictions at all (Maine and 

6 Vermont), but 48 States and the District of Colum7 bia have laws that deny convicted individuals the 

8 right to vote while they are in prison. 

9 (6) In some States disenfranchisement results 

10 from varying State laws that restrict voting while in11 dividuals are under the supervision of the criminal 

12 justice system or after they have completed a crimi13 nal sentence. In 34 States, convicted individuals may 

14 not vote while they are on parole and 30 of those 

15 States disenfranchise individuals on felony probation 

16 as well. In 10 States, a conviction can result in life17 time disenfranchisement. 

18 (7) Several States deny the right to vote to in19 dividuals convicted of certain misdemeanors. 

20 (8) In 2016, an estimated 6,100,000 citizens of 

21 the United States, or about 1 in 40 adults in the 

22 United States, could not vote as a result of a felony 

23 conviction. Of the 6,100,000 citizens barred from 

24 voting, only approximately 22 percent were in pris25 on. By contrast, roughly 77 percent of the disenfranVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 chised reside in their communities while on proba2 tion or parole or after having completed their sen3 tences. Approximately 3,100,000 citizens who com4 pleted their sentences remain disenfranchised due to 

5 restrictive State laws. In six States—Alabama, Flor6 ida, Kentucky, Mississippi, Tennessee, and Vir7 ginia—more than 7 percent of the total population 

8 is disenfranchised. As of November 2018, the life9 time ban for felons was eliminated through a Florida 

10 ballot initiative. As a result, 1,400,000 people had 

11 their voting rights restored. 

12 (9) In those States that disenfranchise individ13 uals post-sentence, the right to vote can be regained 

14 in theory, but in practice this possibility is often 

15 granted in a non-uniform and potentially discrimina16 tory manner. Disenfranchised individuals must ei17 ther obtain a pardon or an order from the Governor 

18 or an action by the parole or pardon board, depend19 ing on the offense and State. Individuals convicted 

20 of a Federal offense often have additional barriers to 

21 regaining voting rights. 

22 (10) State disenfranchisement laws dispropor23 tionately impact racial and ethnic minorities. As of 

24 2016, more than 7 percent of the voting-age Afri25 can-American population, or 2,200,000 African 


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1 Americans, were disenfranchised. One out of every 

2 13 African Americans were unable to vote because 

3 of felony disenfranchisement, which is a rate more 

4 than 4 times greater than non-African Americans. 

5 7.4 percent of African Americans are disenfran6 chised whereas only 1.8 percent of non-African 

7 Americans were. In 2016, in 4 States—Florida (23 

8 percent), Kentucky (22 percent), Tennessee (21 per9 cent), and Virginia (20 percent)—more than 1 in 5 

10 African Americans were unable to vote because of 

11 prior convictions. 

12 (11) Latino citizens are also disproportionately 

13 disenfranchised based upon their disproportionate 

14 representation in the criminal justice system. If cur15 rent incarceration trends hold, the lifetime likelihood 

16 of incarceration for males born in 2011 is 17 per17 cent for Latinos, in contrast to less than 6 percent 

18 of non-Latino White men. When analyzing the data 

19 across 10 States, Latinos generally have dispropor20 tionately higher rates of disenfranchisement com21 pared to their presence in the voting age population. 

22 In 6 out of 10 States studied in 2003, Latinos con23 stitute more than 10 percent of the total number of 

24 persons disenfranchised by State felony laws. In 4 

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1 cent; Texas, 30 percent; and Arizona, 27 percent), 

2 Latinos were disenfranchised by a rate of more than 

3 25 percent. 

4 (12) Disenfranchising citizens who have been 

5 convicted of a criminal offense and who are living 

6 and working in the community serves no compelling 

7 State interest and hinders their rehabilitation and 

8 reintegration into society. 

9 (13) State disenfranchisement laws can sup10 press electoral participation among eligible voters by 

11 discouraging voting among family and community 

12 members of disenfranchised persons. Future elec13 toral participation by the children of disenfranchised 

14 parents may be impacted as well. 

15 (14) The United States is the only Western de16 mocracy that permits the permanent denial of voting 

17 rights for individuals with felony convictions. 

18 SEC. 1003. DEFINITIONS. 

19 In this title: 

20 (1) CORRECTIONAL INSTITUTION OR FACIL21 ITY.—The term ‘‘correctional institution or facility’’ 

22 means any prison, penitentiary, jail, or other institu23 tion or facility for the confinement of individuals 

24 convicted of criminal offenses, whether publicly or 

25 privately operated, except that such term does not 


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1 include any residential community treatment center 

2 (or similar public or private facility). 

3 (2) ELECTION.—The term ‘‘election’’ means— 

4 (A) a general, special, primary, or runoff 

5 election; 

6 (B) a convention or caucus of a political 

7 party held to nominate a candidate; 

8 (C) a primary election held for the selec9 tion of delegates to a national nominating con10 vention of a political party; or 

11 (D) a primary election held for the expres12 sion of a preference for the nomination of per13 sons for election to the office of President. 

14 (3) FEDERAL OFFICE.—The term ‘‘Federal of15 fice’’ means the office of President or Vice President 

16 of the United States, or of Senator or Representa17 tive in, or Delegate or Resident Commissioner to, 

18 the Congress of the United States. 

19 (4) PROBATION.—The term ‘‘probation’’ means 

20 probation, imposed by a Federal, State, or local 

21 court, with or without a condition on the individual 

22 involved concerning— 

23 (A) the individual’s freedom of movement; 

24 (B) the payment of damages by the indi25 vidual; 


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1 (C) periodic reporting by the individual to 

2 an officer of the court; or 

3 (D) supervision of the individual by an of4 ficer of the court. 

5 SEC. 1004. RIGHTS OF CITIZENS. 

6 The right of an individual who is a citizen of the 

7 United States to vote in any election for Federal office 

8 shall not be denied or abridged because that individual has 

9 been convicted of a criminal offense unless such individual 

10 is serving a felony sentence in a correctional institution 

11 or facility at the time of the election. 

12 SEC. 1005. ENFORCEMENT. 

13 (a) ATTORNEY GENERAL.—The Attorney General 

14 may, in a civil action, obtain such declaratory or injunctive 

15 relief as is necessary to remedy a violation of this title. 

16 (b) PRIVATE RIGHT OF ACTION.— 

17 (1) IN GENERAL.—A person who is aggrieved 

18 by a violation of this title may provide written notice 

19 of the violation to the chief election official of the 

20 State involved. 

21 (2) RELIEF.—Except as provided in paragraph 

22 (3), if the violation is not corrected within 90 days 

23 after receipt of a notice under paragraph (1), or 

24 within 20 days after receipt of the notice if the viola25 tion occurred within 120 days before the date of an 


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1 election for Federal office, the aggrieved person 

2 may, in a civil action, obtain declaratory or injunc3 tive relief with respect to the violation. 

4 (3) EXCEPTION.—If the violation occurred 

5 within 30 days before the date of an election for 

6 Federal office, the aggrieved person need not provide 

7 notice to the chief election official of the State under 

8 paragraph (1) before bringing a civil action to obtain 

9 declaratory or injunctive relief with respect to the 

10 violation. 

11 SEC. 1006. NOTIFICATION OF RESTORATION OF VOTING 

12 RIGHTS. 

13 (a) STATE NOTIFICATION.— 

14 (1) NOTIFICATION.—On the date determined 

15 under paragraph (2), each State shall notify in writ16 ing any individual who has been convicted of a 

17 criminal offense under the law of that State that 

18 such individual has the right to vote in an election 

19 for Federal office pursuant to this title and may reg20 ister to vote in any such election. 

21 (2) DATE OF NOTIFICATION.— 

22 (A) FELONY CONVICTION.—In the case of 

23 such an individual who has been convicted of a 

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1 graph (1) shall be given on the date on which 

2 the individual— 

3 (i) is sentenced to serve only a term 

4 of probation; or 

5 (ii) is released from the custody of 

6 that State (other than to the custody of 

7 another State or the Federal Government 

8 to serve a term of imprisonment for a fel9 ony conviction). 

10 (B) MISDEMEANOR CONVICTION.—In the 

11 case of such an individual who has been con12 victed of a misdemeanor, the notification re13 quired under paragraph (1) shall be given on 

14 the date on which such individual is sentenced 

15 by a State court. 

16 (b) FEDERAL NOTIFICATION.— 

17 (1) NOTIFICATION.—Any individual who has 

18 been convicted of a criminal offense under Federal 

19 law shall be notified in accordance with paragraph 

20 (2) that such individual has the right to vote in an 

21 election for Federal office pursuant to the this title 

22 and may register to vote in any such election. 

23 (2) DATE OF NOTIFICATION.— 

24 (A) FELONY CONVICTION.—In the case of 

25 such an individual who has been convicted of a 


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1 felony, the notification required under para2 graph (1) shall be given— 

3 (i) in the case of an individual who is 

4 sentenced to serve only a term of proba5 tion, by the Assistant Director for the Of6 fice of Probation and Pretrial Services of 

7 the Administrative Office of the United 

8 States Courts on the date on which the in9 dividual is sentenced; or 

10 (ii) in the case of any individual com11 mitted to the custody of the Bureau of 

12 Prisons, by the Director of the Bureau of 

13 Prisons, during the period beginning on 

14 the date that is 6 months before such indi15 vidual is released and ending on the date 

16 such individual is released from the cus17 tody of the Bureau of Prisons. 

18 (B) MISDEMEANOR CONVICTION.—In the 

19 case of such an individual who has been con20 victed of a misdemeanor, the notification re21 quired under paragraph (1) shall be given on 

22 the date on which such individual is sentenced 

23 by a court established by an Act of Congress. 


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1 SEC. 1007. RELATION TO OTHER LAWS. 

2 (a) STATE LAWS RELATING TO VOTING RIGHTS.— 

3 Nothing in this title shall be construed to prohibit the 

4 States from enacting any State law which affords the right 

5 to vote in any election for Federal office on terms less 

6 restrictive than those established by this title. 

7 (b) CERTAIN FEDERAL ACTS.—The rights and rem8 edies established by this title are in addition to all other 

9 rights and remedies provided by law, and neither rights 

10 and remedies established by this title shall supersede, re11 strict, or limit the application of the Voting Rights Act 

12 of 1965 (52 U.S.C. 10301 et seq.) or the National Voter 

13 Registration Act (52 U.S.C. 20501). 

14 SEC. 1008. FEDERAL PRISON FUNDS. 

15 No State, unit of local government, or other person 

16 may receive or use, to construct or otherwise improve a 

17 prison, jail, or other place of incarceration, any Federal 

18 funds unless that State, unit of local government, or per19 son— 

20 (1) is in compliance with section 1004; and 

21 (2) has in effect a program under which each 

22 individual incarcerated in that person’s jurisdiction 

23 who is a citizen of the United States is notified, 

24 upon release from such incarceration, of that indi25 vidual’s rights under section 1004. 


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1 SEC. 1009. EFFECTIVE DATE. 

2 This title shall apply to citizens of the United States 

3 voting in any election for Federal office held after the date 

4 of the enactment of this Act. 

5 TITLE XI—NEW PATHWAYS ACT 

6 SEC. 1101. SHORT TITLE. 

7 This title may be cited as the ‘‘New Pathways Act’’. 

8 SEC. 1102. IDENTIFICATION FOR RETURNING CITIZENS. 

9 Section 231(b) of the Second Chance Act of 2007 (34 

10 U.S.C. 60541(b)) is amended to read as follows: 

11 ‘‘(b) IDENTIFICATION AND RELEASE ASSISTANCE

12 FOR FEDERAL PRISONERS.— 

13 ‘‘(1) DEFINITIONS.—In this subsection— 

14 ‘‘(A) the term ‘community confinement’ 

15 means residence in a community treatment cen16 ter, halfway house, restitution center, mental 

17 health facility, alcohol or drug rehabilitation 

18 center, or other community facility; 

19 ‘‘(B) the term ‘direct-release prisoner’ 

20 means a prisoner who is scheduled for release 

21 and will not be placed in prerelease custody; 

22 ‘‘(C) the term ‘noncitizen covered indi23 vidual’— 

24 ‘‘(i) means an individual in the cus25 tody of the Bureau of Prisons or sentenced 


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1 to a term in community confinement 

2 who— 

3 ‘‘(I) is lawfully present and eligi4 ble for employment authorization in 

5 the United States; and 

6 ‘‘(II) has a document dem7 onstrating that the individual will 

8 have a place of residence upon release; 

9 and 

10 ‘‘(ii) includes an alien lawfully admit11 ted for permanent residence (as defined in 

12 section 101(a) of the Immigration and Na13 tionality Act (8 U.S.C. 1101(a)), a refugee 

14 (as defined in that section of that Act), 

15 and an asylee; and 

16 ‘‘(D) the term ‘United States citizen cov17 ered individual’ means an individual in the cus18 tody of the Bureau of Prisons or sentenced to 

19 a term in community confinement who has— 

20 ‘‘(i) a social security card; 

21 ‘‘(ii) a document described in para22 graph (2)(B)(ii) as proof of United States 

23 citizenship; and 


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1 ‘‘(iii) a document demonstrating that 

2 the individual will have a place of residence 

3 upon release. 

4 ‘‘(2) OBTAINING IDENTIFICATION FOR UNITED

5 STATES CITIZENS.— 

6 ‘‘(A) IN GENERAL.—With respect to a 

7 United States citizen covered individual, the Di8 rector shall provide a photo identification card, 

9 which shall comply with the minimum require10 ments described in section 202(b) of the REAL 

11 ID Act of 2005 (49 U.S.C. 30301 note), prior 

12 to— 

13 ‘‘(i) the release of the United States 

14 citizen covered individual from a term of 

15 imprisonment in a Federal prison; or 

16 ‘‘(ii) the release of the United States 

17 citizen covered individual from a sentence 

18 to a term in community confinement. 

19 ‘‘(B) ASSISTANCE IN OBTAINING DOCU20 MENTS.— 

21 ‘‘(i) IN GENERAL.—Subject to clause 

22 (iii), for the purpose of issuing an identi23 fication card under this subsection, the Di24 rector shall obtain, on behalf of United 

25 States citizen covered individuals— 


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1 ‘‘(I) a social security card; and 

2 ‘‘(II) a document described in 

3 clause (ii) as proof of United States 

4 citizenship. 

5 ‘‘(ii) PROOF OF UNITED STATES CITI6 ZENSHIP.—A document described in this 

7 clause is— 

8 ‘‘(I) a United States passport; 

9 ‘‘(II) an original or certified copy 

10 of a birth certificate that indicates 

11 that the individual was born in the 

12 United States or a territory of the 

13 United States; 

14 ‘‘(III) in the case of a United 

15 States citizen born inside the United 

16 States for whom a document de17 scribed in subclause (I) or (II) is not 

18 available, any document described in 

19 subsection (a), (b), or (c) of section 

20 435.407 of title 42, Code of Federal 

21 Regulations, or any successor thereto; 

22 or 

23 ‘‘(IV) in the case of a United 

24 States citizen born outside the United 


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1 States, an original or certified copy 

2 of— 

3 ‘‘(aa) a certificate of natu4 ralization (Form N–550 or N– 

5 570); 

6 ‘‘(bb) a consular report of 

7 birth abroad (Form FS–240); 

8 ‘‘(cc) a certification of birth 

9 abroad (Form FS–545); 

10 ‘‘(dd) a certification of re11 port of birth (Form DS–1350); 

12 or 

13 ‘‘(ee) a certificate of citizen14 ship (Form N–560). 

15 ‘‘(iii) EXCEPTIONS.— 

16 ‘‘(I) LACK OF RESPONSE FROM

17 FEDERAL OR STATE AGENCY.—If the 

18 Director cannot obtain a copy of a 

19 document required under clause (i) 

20 because of inaction by the Federal or 

21 State agency from which the docu22 ment was requested, the Director 

23 shall provide to the United States cit24 izen covered individual— 


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1 ‘‘(aa) a written statement 

2 that explains what steps the Di3 rector took in trying to obtain 

4 the document; and 

5 ‘‘(bb) any documents trans6 mitted to the Director by the 

7 Federal or State agency in re8 sponse to the request for the doc9 ument. 

10 ‘‘(II) LACK OF AUTHORIZATION

11 FROM UNITED STATES CITIZEN COV12 ERED INDIVIDUAL.—If the Director 

13 cannot obtain a copy of a document 

14 required under clause (i) because the 

15 United States citizen covered indi16 vidual does not provide the authoriza17 tion required to obtain the document, 

18 the Director shall provide a written 

19 statement to the United States citizen 

20 covered individual that explains why 

21 the document was not obtained. 

22 ‘‘(C) PROVISION OF DOCUMENTS.—Upon 

23 issuance of an identification card to a covered 

24 individual under this paragraph, the Director 

25 shall provide all documents obtained for the 


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1 United States citizen covered individual under 

2 subparagraph (B). 

3 ‘‘(3) OBTAINING DOCUMENTS FOR NONCITI4 ZENS.— 

5 ‘‘(A) IN GENERAL.—With respect to a non6 citizen covered individual, the Director shall as7 sist in obtaining from the Director of the U.S. 

8 Citizenship and Immigration Services— 

9 ‘‘(i) proof of lawful status in the 

10 United States of the noncitizen covered in11 dividual; and 

12 ‘‘(ii) in the case of a noncitizen cov13 ered individual who is not admitted for 

14 lawful permanent residence, an employ15 ment authorization document. 

16 ‘‘(B) ASSISTANCE.—The assistance pro17 vided by the Director under subparagraph (A) 

18 shall include— 

19 ‘‘(i) providing the noncitizen covered 

20 individual with applicable U.S. Citizenship 

21 and Immigration Services forms and in22 structions; and 

23 ‘‘(ii) assisting the noncitizen covered 

24 individual in completing and submitting 


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1 such forms, together with any required 

2 supporting documentation. 

3 ‘‘(C) PROVISION OF DOCUMENTS.—Upon 

4 receipt of a document for a noncitizen covered 

5 individual under this paragraph, the Director 

6 shall provide such document to the noncitizen 

7 covered individual. 

8 ‘‘(4) ASSISTANCE DEVELOPING RELEASE

9 PLAN.—At the request of a direct-release prisoner, a 

10 representative of the United States Probation Sys11 tem shall, prior to the release of that prisoner, help 

12 that prisoner develop a release plan.’’. 

13 DIVISION D—POLICE REFORM 

14 TITLE XII—PRIDE ACT 

15 SEC. 1201. SHORT TITLE. 

16 This title may be cited as the ‘‘Police Reporting In17 formation, Data, and Evidence Act of 2019’’ or the 

18 ‘‘PRIDE Act’’. 

19 SEC. 1202. DEFINITIONS. 

20 In this title: 

21 (1) BYRNE GRANT PROGRAM.—The term 

22 ‘‘Byrne grant program’’ means any grant program 

23 under subpart 1 of part E of title I of the Omnibus 

24 Crime Control and Safe Streets Act of 1968 (34 

25 U.S.C. 10151 et seq.), without regard to whether 


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1 the funds are characterized as being made available 

2 under the Edward Byrne Memorial State and Local 

3 Law Enforcement Assistance Programs, the Local 

4 Government Law Enforcement Block Grants Pro5 gram, the Edward Byrne Memorial Justice Assist6 ance Grant Program, or otherwise. 

7 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

8 has the meaning given the term ‘‘Indian tribe’’ in 

9 section 901 of title I of the Omnibus Crime Control 

10 and Safe Streets Act of 1968 (34 U.S.C. 10251). 

11 (3) LAW ENFORCEMENT OFFICER.—The term 

12 ‘‘law enforcement officer’’ means any officer, agent, 

13 or employee of a State, unit of local government, or 

14 Indian Tribe authorized by law or by a government 

15 agency to engage in or supervise the prevention, de16 tection, or investigation of any violation of criminal 

17 law. 

18 (4) STATE.—The term ‘‘State’’ has the mean19 ing given the term in section 901 of title I of the 

20 Omnibus Crime Control and Safe Streets Act of 

21 1968 (34 U.S.C. 10251). 

22 (5) USE OF FORCE.—The term ‘‘use of force’’ 

23 includes the use of a firearm, Taser, explosive de24 vice, chemical agent (such as pepper spray), baton, 


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1 impact projectile, blunt instrument, hand, fist, foot, 

2 canine, or vehicle against an individual. 

3 SEC. 1203. USE OF FORCE REPORTING. 

4 (a) REPORTING REQUIREMENTS.— 

5 (1) IN GENERAL.—Beginning in the first fiscal 

6 year beginning after the date of enactment of this 

7 Act and each fiscal year thereafter in which a State 

8 or Indian Tribe receives funds under a Byrne grant 

9 program, the State or Indian Tribe shall— 

10 (A) report to the Attorney General, on a 

11 quarterly basis and pursuant to guidelines es12 tablished by the Attorney General, information 

13 regarding— 

14 (i) any incident involving the shooting 

15 of a civilian by a law enforcement officer 

16 who is employed— 

17 (I) in the case of an Indian 

18 Tribe, by the Indian Tribe; or 

19 (II) in the case of a State, by the 

20 State or by a unit of local government 

21 in the State; 

22 (ii) any incident involving the shooting 

23 of a law enforcement officer described in 

24 clause (i) by a civilian; and 


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1 (iii) any incident in which use of force 

2 by or against a law enforcement officer de3 scribed in clause (i) occurs, which is not 

4 reported under clause (i) or (ii); 

5 (B) establish a system and a set of policies 

6 to ensure that all use of force incidents are re7 ported by law enforcement officers; and 

8 (C) submit to the Attorney General a plan 

9 for the collection of data required to be re10 ported under this section, including any modi11 fications to a previously submitted data collec12 tion plan. 

13 (2) REPORT INFORMATION REQUIRED.— 

14 (A) IN GENERAL.—The report required 

15 under paragraph (1)(A) shall contain informa16 tion that includes, at a minimum— 

17 (i) the national origin, sex, race, eth18 nicity, age, physical disability, mental dis19 ability, English language proficiency, hous20 ing status, and school status of each civil21 ian against whom a law enforcement offi22 cer used force; 

23 (ii) the date, time, and location, in24 cluding zip code, of the incident and 

25 whether the jurisdiction in which the inciVerDate Sep 11 2014 21:35 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\H1893.IH H1893

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1 dent occurred allows for the open-carry or 

2 concealed-carry of a firearm; 

3 (iii) whether the civilian was armed, 

4 and, if so, the type of weapon the civilian 

5 had; 

6 (iv) the type of force used against the 

7 officer, the civilian, or both, including the 

8 types of weapons used; 

9 (v) the reason force was used; 

10 (vi) a description of any injuries sus11 tained as a result of the incident; 

12 (vii) the number of officers involved in 

13 the incident; 

14 (viii) the number of civilians involved 

15 in the incident; and 

16 (ix) a brief description regarding the 

17 circumstances surrounding the incident, 

18 which shall include information on— 

19 (I) the type of force used by all 

20 involved persons; 

21 (II) the legitimate police objective 

22 necessitating the use of force; 

23 (III) the resistance encountered 

24 by each law enforcement officer in25 volved in the incident; 


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1 (IV) the efforts by law enforce2 ment officers to— 

3 (aa) de-escalate the situation 

4 in order to avoid the use of force; 

5 or 

6 (bb) minimize the level of 

7 force used; and 

8 (V) if applicable, the reason why 

9 efforts described in subclause (IV) 

10 were not attempted. 

11 (B) INCIDENTS REPORTED UNDER DEATH

12 IN CUSTODY REPORTING ACT.—A State is not 

13 required to include in a report under subsection 

14 (a)(1) an incident reported by the State in ac15 cordance with section 20104(a)(2) of the Vio16 lent Crime Control and Law Enforcement Act 

17 of 1994 (34 U.S.C. 12104(a)(2)). 

18 (3) AUDIT OF USE-OF-FORCE REPORTING.—Not 

19 later than 1 year after the date of enactment of this 

20 Act, and each year thereafter, each State and Indian 

21 Tribe described in paragraph (1) shall— 

22 (A) conduct an audit of the use of force in23 cident reporting system required to be estab24 lished under paragraph (1)(B); and 


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1 (B) submit a report to the Attorney Gen2 eral on the audit conducted under subpara3 graph (A). 

4 (4) COMPLIANCE PROCEDURE.—Prior to sub5 mitting a report under paragraph (1)(A), the State 

6 or Indian Tribe submitting such report shall com7 pare the information compiled to be reported pursu8 ant to clause (i) of paragraph (1)(A) to open-source 

9 data records, and shall revise such report to include 

10 any incident determined to be missing from the re11 port based on such comparison. Failure to comply 

12 with the procedures described in the previous sen13 tence shall be considered a failure to comply with 

14 the requirements of this section. 

15 (b) INELIGIBILITY FOR FUNDS.— 

16 (1) IN GENERAL.—For any fiscal year in which 

17 a State or Indian Tribe fails to comply with this sec18 tion, the State or Indian Tribe, at the discretion of 

19 the Attorney General, shall be subject to not more 

20 than a 10-percent reduction of the funds that would 

21 otherwise be allocated for that fiscal year to the 

22 State or Indian Tribe under a Byrne grant program. 

23 (2) REALLOCATION.—Amounts not allocated 

24 under a Byrne grant program in accordance with 

25 paragraph (1) to a State for failure to comply with 


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1 this section shall be reallocated under the Byrne 

2 grant program to States that have not failed to com3 ply with this section. 

4 (c) PUBLIC AVAILABILITY OF DATA.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, and each year 

7 thereafter, the Attorney General shall publish, and 

8 make available to the public, a report containing the 

9 data reported to the Attorney General under this 

10 section. 

11 (2) PRIVACY PROTECTIONS.—Nothing in this 

12 subsection shall be construed to supersede the re13 quirements or limitations under section 552a of title 

14 5, United States Code (commonly known as the 

15 ‘‘Privacy Act of 1974’’). 

16 (d) GUIDANCE.—Not later than 180 days after the 

17 date of enactment of this Act, the Attorney General, in 

18 coordination with the Director of the Federal Bureau of 

19 Investigation, shall issue guidance on best practices relat20 ing to establishing standard data collection systems that 

21 capture the information required to be reported under sub22 section (a)(2), which shall include standard and consistent 

23 definitions for terms, including the term ‘‘use of force’’ 

24 which is consistent with the definition of such term in sec25 tion 1202. 


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1 SEC. 1204. COMMUNITY AND LAW ENFORCEMENT PART2 NERSHIP GRANT PROGRAM. 

3 (a) GRANTS AUTHORIZED.—The Attorney General 

4 may make grants to eligible law enforcement agencies to 

5 be used for the activities described in subsection (c). 

6 (b) ELIGIBILITY.—In order to be eligible to receive 

7 a grant under this section a law enforcement agency 

8 shall— 

9 (1) be located in a State or Indian Tribe that 

10 receives funds under a Byrne grant program; 

11 (2) employ not more that 100 law enforcement 

12 officers; 

13 (3) demonstrate that the use of force policy for 

14 law enforcement officers employed by the law en15 forcement agency is publicly available; and 

16 (4) establish and maintain a reporting system 

17 that may be used by members of the public to report 

18 incidents of use of force to the law enforcement 

19 agency. 

20 (c) ACTIVITIES DESCRIBED.—A grant made under 

21 this section may be used by a law enforcement agency 

22 for— 

23 (1) the cost of assisting the State or Indian 

24 Tribe in which the law enforcement agency is located 

25 in complying with the reporting requirements de26 scribed in section 1203; 


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1 (2) the cost of establishing necessary systems 

2 required to investigate and report incidents as re3 quired under subsection (b)(4); 

4 (3) public awareness campaigns designed to 

5 gain information from the public on use of force by 

6 or against law enforcement officers, including shoot7 ings, which may include tip lines, hotlines, and pub8 lic service announcements; and 

9 (4) use of force training for law enforcement 

10 agencies and personnel, including training on de-es11 calation, implicit bias, crisis intervention techniques, 

12 and adolescent development. 

13 SEC. 1205. COMPLIANCE WITH REPORTING REQUIRE14 MENTS. 

15 (a) IN GENERAL.—Not later than 1 year after the 

16 date of enactment of this Act, and each year thereafter, 

17 the Attorney General shall conduct an audit and review 

18 of the information provided under this title to determine 

19 whether each State or Indian Tribe described in section 

20 903(a)(1) is in compliance with the requirements of this 

21 title. 

22 (b) CONSISTENCY IN DATA REPORTING.— 

23 (1) IN GENERAL.—Any data reported under 

24 this title shall be collected and reported in a manner 

25 consistent with existing programs of the Department 


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1 of Justice that collect data on law enforcement offi2 cer encounters with civilians. 

3 (2) GUIDELINES.—The Attorney General 

4 shall— 

5 (A) issue guidelines on the reporting re6 quirement under section 1203; and 

7 (B) seek public comment before finalizing 

8 the guidelines required under subparagraph 

9 (A). 

10 SEC. 1206. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated to the Attor12 ney General such sums as are necessary to carry out this 

13 title. 

14 TITLE XIII—END RACIAL AND 

15 RELIGIOUS PROFILING ACT 

16 SEC. 1301. SHORT TITLE. 

17 This title may be cited as the ‘‘End Racial and Reli18 gious Profiling Act of 2019’’ or ‘‘ERRPA’’. 

19 SEC. 1302. DEFINITIONS. 

20 In this title: 

21 (1) COVERED PROGRAM.—The term ‘‘covered 

22 program’’ means any program or activity funded in 

23 whole or in part with funds made available under— 

24 (A) the Edward Byrne Memorial Justice 

25 Assistance Grant Program under part E of title 


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1 I of the Omnibus Crime Control and Safe 

2 Streets Act of 1968 (34 U.S.C. 10151 et seq.); 

3 and 

4 (B) the ‘‘Cops on the Beat’’ program 

5 under part Q of title I of the Omnibus Crime 

6 Control and Safe Streets Act of 1968 (34 

7 U.S.C. 10381 et seq.), except that no program, 

8 project, or other activity specified in section 

9 1701(b)(13) of such part shall be a covered 

10 program under this paragraph. 

11 (2) GOVERNMENTAL BODY.—The term ‘‘govern12 mental body’’ means any department, agency, special 

13 purpose district, or other instrumentality of Federal, 

14 State, local, or Indian Tribal government. 

15 (3) HIT RATE.—The term ‘‘hit rate’’ means the 

16 percentage of stops and searches in which a law en17 forcement officer finds drugs, a gun, or something 

18 else that leads to an arrest. The hit rate is cal19 culated by dividing the total number of searches by 

20 the number of searches that yield contraband. The 

21 hit rate is complementary to the rate of false stops. 

22 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

23 has the meaning given the term ‘‘Indian tribe’’ in 

24 section 102 of the Federally Recognized Indian 

25 Tribe List Act of 1994 (25 U.S.C. 5130). 


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1 (5) LAW ENFORCEMENT AGENCY.—The term 

2 ‘‘law enforcement agency’’ means any Federal, 

3 State, local, or Indian Tribal public agency engaged 

4 in the prevention, detection, or investigation of viola5 tions of criminal, immigration, or customs laws. 

6 (6) LAW ENFORCEMENT AGENT.—The term 

7 ‘‘law enforcement agent’’ means any Federal, State, 

8 local, or Indian Tribal official responsible for enforc9 ing criminal, immigration, or customs laws, includ10 ing police officers and other agents of a law enforce11 ment agency. 

12 (7) RACIAL PROFILING.—The term ‘‘racial 

13 profiling’’ means the practice of a law enforcement 

14 agent or agency relying, to any degree, on actual or 

15 perceived race, ethnicity, national origin, religion, 

16 gender, gender identity, or sexual orientation in se17 lecting which individual to subject to routine or 

18 spontaneous investigatory activities or in deciding 

19 upon the scope and substance of law enforcement ac20 tivity following the initial investigatory procedure, 

21 except when there is trustworthy information, rel22 evant to the locality and timeframe, that links a per23 son with a particular characteristic described in this 

24 paragraph to an identified criminal incident or 

25 scheme. 


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1 (8) ROUTINE OR SPONTANEOUS INVESTIGATORY

2 ACTIVITIES.—The term ‘‘routine or spontaneous in3 vestigatory activities’’ means the following activities 

4 by a law enforcement agent: 

5 (A) Interviews. 

6 (B) Traffic stops. 

7 (C) Pedestrian stops. 

8 (D) Frisks and other types of body 

9 searches. 

10 (E) Consensual or nonconsensual searches 

11 of the persons, property, or possessions (includ12 ing vehicles) of individuals using any form of 

13 public or private transportation, including mo14 torists and pedestrians. 

15 (F) Data collection and analysis, assess16 ments, and predicated investigations. 

17 (G) Inspections and interviews of entrants 

18 into the United States that are more extensive 

19 than those customarily carried out. 

20 (H) Immigration-related workplace inves21 tigations. 

22 (I) Such other types of law enforcement 

23 encounters compiled for or by the Federal Bu24 reau of Investigation or the Department of Jus25 tice Bureau of Justice Statistics. 


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1 (9) REASONABLE REQUEST.—The term ‘‘rea2 sonable request’’ means all requests for information, 

3 except for those that— 

4 (A) are immaterial to the investigation; 

5 (B) would result in the unnecessary disclo6 sure of personal information; or 

7 (C) would place a severe burden on the re8 sources of the law enforcement agency given its 

9 size. 

10 (10) STATE.—The term ‘‘State’’ means each of 

11 the 50 States, the District of Columbia, the Com12 monwealth of Puerto Rico, and any other territory 

13 or possession of the United States. 

14 (11) UNIT OF LOCAL GOVERNMENT.—The term 

15 ‘‘unit of local government’’ means— 

16 (A) any city, county, township, town, bor17 ough, parish, village, or other general purpose 

18 political subdivision of a State; 

19 (B) any law enforcement district or judicial 

20 enforcement district that— 

21 (i) is established under applicable 

22 State law; and 

23 (ii) has the authority to, in a manner 

24 independent of other State entities, estab25 lish a budget and impose taxes; or 


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1 (C) any Indian Tribe that performs law 

2 enforcement functions, as determined by the 

3 Secretary of the Interior. 

4 Subtitle A—Prohibition of Racial 

5 Profiling 

6 SEC. 1311. PROHIBITION. 

7 No law enforcement agent or law enforcement agency 

8 shall engage in racial profiling. 

9 SEC. 1312. ENFORCEMENT. 

10 (a) REMEDY.—The United States, or an individual 

11 injured by racial profiling, may enforce this subtitle in a 

12 civil action for declaratory or injunctive relief, filed either 

13 in a State court of general jurisdiction or in a district 

14 court of the United States. 

15 (b) PARTIES.—In any action brought under this sub16 title, relief may be obtained against— 

17 (1) any governmental body that employed any 

18 law enforcement agent who engaged in racial 

19 profiling; 

20 (2) any agent of such body who engaged in ra21 cial profiling; and 

22 (3) any person with supervisory authority over 

23 such agent. 

24 (c) NATURE OF PROOF.—Proof that the routine or 

25 spontaneous investigatory activities of law enforcement 


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1 agents in a jurisdiction have had a disparate impact on 

2 individuals with a particular characteristic described in 

3 section 1302(7) shall constitute prima facie evidence of a 

4 violation of this subtitle. 

5 (d) ATTORNEY’S FEES.—In any action or proceeding 

6 to enforce this subtitle against any governmental body, the 

7 court may allow a prevailing plaintiff, other than the 

8 United States, reasonable attorney’s fees as part of the 

9 costs, and may include expert fees as part of the attorney’s 

10 fee. 

11 Subtitle B—Programs To Eliminate 

12 Racial Profiling By Federal Law 

13 Enforcement Agencies 

14 SEC. 1321. POLICIES TO ELIMINATE RACIAL PROFILING. 

15 (a) IN GENERAL.—Federal law enforcement agencies 

16 shall— 

17 (1) maintain adequate policies and procedures 

18 designed to eliminate racial profiling; and 

19 (2) cease existing practices that permit racial 

20 profiling. 

21 (b) POLICIES.—The policies and procedures de22 scribed in subsection (a)(1) shall include— 

23 (1) a prohibition on racial profiling; 

24 (2) training on racial profiling issues as part of 

25 Federal law enforcement training; 


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1 (3) the collection of data in accordance with the 

2 regulations issued by the Attorney General under 

3 section 1341; 

4 (4) procedures for receiving, investigating, and 

5 responding meaningfully to complaints alleging ra6 cial profiling by law enforcement agents; and 

7 (5) any other policies and procedures the Attor8 ney General determines to be necessary to eliminate 

9 racial profiling by Federal law enforcement agencies. 

10 Subtitle C—Programs To Eliminate 

11 Racial Profiling By State, Local, 

12 and Indian Tribal Law Enforce13 ment Agencies 

14 SEC. 1331. POLICIES REQUIRED FOR GRANTS. 

15 (a) IN GENERAL.—An application by a State, a unit 

16 of local government, or a State, local, or Indian Tribal 

17 law enforcement agency for funding under a covered pro18 gram shall include a certification that such State, unit of 

19 local government, or law enforcement agency, and any law 

20 enforcement agency to which it will distribute funds— 

21 (1) maintains adequate policies and procedures 

22 designed to eliminate racial profiling; and 

23 (2) has eliminated any existing practices that 

24 permit or encourage racial profiling. 


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1 (b) POLICIES.—The policies and procedures de2 scribed in subsection (a)(1) shall include— 

3 (1) a prohibition on racial profiling; 

4 (2) training on racial profiling issues as part of 

5 law enforcement training; 

6 (3) the collection of data in accordance with the 

7 regulations issued by the Attorney General under 

8 section 1341; and 

9 (4) participation in an administrative complaint 

10 procedure or independent audit program that meets 

11 the requirements of section 1332. 

12 (c) EFFECTIVE DATE.—This section shall take effect 

13 12 months after the date of enactment of this Act. 

14 SEC. 1332. INVOLVEMENT OF ATTORNEY GENERAL. 

15 (a) REGULATIONS.— 

16 (1) IN GENERAL.—Not later than 6 months 

17 after the date of enactment of this Act and in con18 sultation with stakeholders, including Federal, State, 

19 Tribal, and local law enforcement agencies and com20 munity, professional, research, and civil rights orga21 nizations, the Attorney General shall issue regula22 tions for the operation of administrative complaint 

23 procedures and independent audit programs to en24 sure that such programs and procedures provide an 


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1 appropriate response to allegations of racial profiling 

2 by law enforcement agents or agencies. 

3 (2) GUIDELINES.—The regulations issued 

4 under paragraph (1) shall contain guidelines that 

5 ensure the fairness, effectiveness, and independence 

6 of the administrative complaint procedures and inde7 pendent auditor programs. 

8 (b) NONCOMPLIANCE.—If the Attorney General de9 termines that the recipient of a grant from any covered 

10 program is not in compliance with the requirements of sec11 tion 1331 or the regulations issued under subsection (a), 

12 the Attorney General shall withhold, in whole or in part 

13 (at the discretion of the Attorney General), funds for one 

14 or more grants to the recipient under the covered pro15 gram, until the recipient establishes compliance. 

16 (c) PRIVATE PARTIES.—The Attorney General shall 

17 provide notice and an opportunity for private parties to 

18 present evidence to the Attorney General that a recipient 

19 of a grant from any covered program is not in compliance 

20 with the requirements of this subtitle. 

21 SEC. 1333. DATA COLLECTION DEMONSTRATION PROJECT. 

22 (a) COMPETITIVE AWARDS.— 

23 (1) IN GENERAL.—The Attorney General may, 

24 through competitive grants or contracts, carry out a 

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1 veloping and implementing data collection programs 

2 on the hit rates for stops and searches by law en3 forcement agencies. The data collected shall be 

4 disaggregated by race, ethnicity, national origin, 

5 gender, and religion. 

6 (2) NUMBER OF GRANTS.—The Attorney Gen7 eral shall provide not more than 5 grants or con8 tracts under this section. 

9 (3) ELIGIBLE GRANTEES.—Grants or contracts 

10 under this section shall be awarded to law enforce11 ment agencies that serve communities where there is 

12 a significant concentration of racial or ethnic minori13 ties and that are not already collecting data volun14 tarily. 

15 (b) REQUIRED ACTIVITIES.—Activities carried out 

16 with a grant under this section shall include— 

17 (1) developing a data collection tool and report18 ing the compiled data to the Attorney General; and 

19 (2) training of law enforcement personnel on 

20 data collection, particularly for data collection on hit 

21 rates for stops and searches. 

22 (c) EVALUATION.—Not later than 3 years after the 

23 date of enactment of this Act, the Attorney General shall 

24 enter into a contract with an institution of higher edu25 cation (as defined in section 101 of the Higher Education 


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1 Act of 1965 (20 U.S.C. 1001)) to analyze the data col2 lected by each of the grantees funded under this section. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out activities 

5 under this section— 

6 (1) $5,000,000, over a 2-year period, to carry 

7 out the demonstration program under subsection 

8 (a); and 

9 (2) $500,000 to carry out the evaluation under 

10 subsection (c). 

11 SEC. 1334. BEST PRACTICES DEVELOPMENT GRANTS. 

12 (a) GRANT AUTHORIZATION.—The Attorney General, 

13 through the Bureau of Justice Assistance, may make 

14 grants to States, local law enforcement agencies, and units 

15 of local government to develop and implement best prac16 tice devices and systems to eliminate racial profiling. 

17 (b) USE OF FUNDS.—The funds provided under sub18 section (a) shall be used for programs that include the 

19 following purposes: 

20 (1) The development and implementation of 

21 training to prevent racial profiling and to encourage 

22 more respectful interaction with the public. 

23 (2) The acquisition and use of technology to fa24 cilitate the accurate collection and analysis of data. 


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1 (3) The development and acquisition of feed2 back systems and technologies that identify officers 

3 or units of officers engaged in, or at risk of engag4 ing in, racial profiling or other misconduct. 

5 (4) The establishment and maintenance of an 

6 administrative complaint procedure or independent 

7 auditor program. 

8 (c) EQUITABLE DISTRIBUTION.—The Attorney Gen9 eral shall ensure that grants under this section are award10 ed in a manner that reserves an equitable share of funding 

11 for small and rural law enforcement agencies. 

12 (d) APPLICATION.—Each State, local law enforce13 ment agency, or unit of local government desiring a grant 

14 under this section shall submit an application to the Attor15 ney General at such time, in such manner, and accom16 panied by such information as the Attorney General may 

17 reasonably require. 

18 SEC. 1335. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums 

20 as are necessary to carry out this subtitle. 

21 Subtitle D—Data Collection 

22 SEC. 1341. ATTORNEY GENERAL TO ISSUE REGULATIONS. 

23 (a) REGULATIONS.—Not later than 6 months after 

24 the date of enactment of this Act, the Attorney General, 

25 in consultation with stakeholders, including Federal, 


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1 State, and local law enforcement agencies and community, 

2 professional, research, and civil rights organizations, shall 

3 issue regulations for the collection and compilation of data 

4 under sections 1321 and 1331. 

5 (b) REQUIREMENTS.—The regulations issued under 

6 subsection (a) shall— 

7 (1) provide for the collection of data on all rou8 tine or spontaneous investigatory activities; 

9 (2) provide that the data collected shall— 

10 (A) be collected by race, ethnicity, national 

11 origin, gender, and religion, as perceived by the 

12 law enforcement officer; 

13 (B) include the date, time, and location of 

14 such investigatory activities; 

15 (C) include detail sufficient to permit an 

16 analysis of whether a law enforcement agency is 

17 engaging in racial profiling; and 

18 (D) not include personally identifiable in19 formation; 

20 (3) provide that a standardized form shall be 

21 made available to law enforcement agencies for the 

22 submission of collected data to the Department of 

23 Justice; 

24 (4) provide that law enforcement agencies shall 

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1 able under paragraph (3), and submit the form to 

2 the Civil Rights Division and the Department of 

3 Justice Bureau of Justice Statistics; 

4 (5) provide that law enforcement agencies shall 

5 maintain all data collected under this title for not 

6 less than 4 years; 

7 (6) include guidelines for setting comparative 

8 benchmarks, consistent with best practices, against 

9 which collected data shall be measured; 

10 (7) provide that the Department of Justice Bu11 reau of Justice Statistics shall— 

12 (A) analyze the data for any statistically 

13 significant disparities, including— 

14 (i) disparities in the percentage of 

15 drivers or pedestrians stopped relative to 

16 the proportion of the population passing 

17 through the neighborhood; 

18 (ii) disparities in the hit rate; and 

19 (iii) disparities in the frequency of 

20 searches performed on racial or ethnic mi21 nority drivers and the frequency of 

22 searches performed on nonminority drivers; 

23 and 


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1 (B) not later than 3 years after the date 

2 of enactment of this Act, and annually there3 after— 

4 (i) prepare a report regarding the 

5 findings of the analysis conducted under 

6 subparagraph (A); 

7 (ii) provide such report to Congress; 

8 and 

9 (iii) make such report available to the 

10 public, including on a website of the De11 partment of Justice; and 

12 (8) protect the privacy of individuals whose 

13 data is collected by— 

14 (A) limiting the use of the data collected 

15 under this title to the purposes set forth in this 

16 title; 

17 (B) except as otherwise provided in this 

18 title, limiting access to the data collected under 

19 this title to those Federal, State, local, or Trib20 al employees or agents who require such access 

21 in order to fulfill the purposes for the data set 

22 forth in this title; 

23 (C) requiring contractors or other non24 governmental agents who are permitted access 

25 to the data collected under this title to sign use 


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1 agreements incorporating the use and disclosure 

2 restrictions set forth in subparagraph (A); and 

3 (D) requiring the maintenance of adequate 

4 security measures to prevent unauthorized ac5 cess to the data collected under this title. 

6 SEC. 1342. PUBLICATION OF DATA. 

7 The Department of Justice Bureau of Justice Statis8 tics shall provide to Congress and make available to the 

9 public, together with each annual report described in sec10 tion 1341, the data collected pursuant to this title, exclud11 ing any personally identifiable information described in 

12 section 1343. 

13 SEC. 1343. LIMITATIONS ON PUBLICATION OF DATA. 

14 The name or identifying information of a law enforce15 ment officer, complainant, or any other individual involved 

16 in any activity for which data is collected and compiled 

17 under this title shall not be— 

18 (1) released to the public; 

19 (2) disclosed to any person, except for— 

20 (A) such disclosures as are necessary to 

21 comply with this title; 

22 (B) disclosures of information regarding a 

23 particular person to that person; or 

24 (C) disclosures pursuant to litigation; or 


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1 (3) subject to disclosure under section 552 of 

2 title 5, United States Code (commonly known as the 

3 Freedom of Information Act), except for disclosures 

4 of information regarding a particular person to that 

5 person. 

6 Subtitle E—Department of Justice 

7 Regulations and Reports on Ra8 cial Profiling in the United 

9 States 

10 SEC. 1351. ATTORNEY GENERAL TO ISSUE REGULATIONS 

11 AND REPORTS. 

12 (a) REGULATIONS.—In addition to the regulations re13 quired under sections 1333 and 1341, the Attorney Gen14 eral shall issue such other regulations as the Attorney 

15 General determines are necessary to implement this title. 

16 (b) REPORTS.— 

17 (1) IN GENERAL.—Not later than 2 years after 

18 the date of enactment of this Act, and annually 

19 thereafter, the Attorney General shall submit to 

20 Congress a report on racial profiling by law enforce21 ment agencies. 

22 (2) SCOPE.—Each report submitted under 

23 paragraph (1) shall include— 

24 (A) a summary of data collected under sec25 tions 1321(b)(3) and 1331(b)(3) and from any 


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1 other reliable source of information regarding 

2 racial profiling in the United States; 

3 (B) a discussion of the findings in the 

4 most recent report prepared by the Department 

5 of Justice Bureau of Justice Statistics under 

6 section 1341(b)(7); 

7 (C) the status of the adoption and imple8 mentation of policies and procedures by Federal 

9 law enforcement agencies under section 1321 

10 and by the State and local law enforcement 

11 agencies under sections 1331 and 1332; and 

12 (D) a description of any other policies and 

13 procedures that the Attorney General believes 

14 would facilitate the elimination of racial 

15 profiling. 

16 Subtitle F—Miscellaneous 

17 Provisions 

18 SEC. 1361. SEVERABILITY. 

19 If any provision of this title, or the application of 

20 such a provision to any person or circumstance, is held 

21 to be unconstitutional, the remainder of this title and the 

22 application of the remaining provisions of this title to any 

23 person or circumstance shall not be affected thereby. 

24 SEC. 1362. SAVINGS CLAUSE. 

25 Nothing in this title shall be construed— 


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1 (1) to limit legal or administrative remedies 

2 under section 1979 of the Revised Statutes of the 

3 United States (42 U.S.C. 1983), section 210401 of 

4 the Violent Crime Control and Law Enforcement 

5 Act of 1994 (34 U.S.C. 12601), title I of the the 

6 Omnibus Crime Control and Safe Streets Act of 

7 1968 (34 U.S.C. 10101 et seq.), or title VI of the 

8 Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); 

9 (2) to affect any Federal, State, or Tribal law 

10 that applies to an Indian Tribe because of the polit11 ical status of the tribe; or 

12 (3) to waive the sovereign immunity of an In13 dian Tribe without the consent of the tribe. 

Æ 


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